Digital Commons Network^™

Criminal Justice Students' Perceived Effectiveness Of Campus Security Measures At Mid-South Universities, Jeffrey Michael Cottam

Electronic Theses and Dissertations

No abstract provided.

The Exclusionary Rule Lottery Revisited, Eugene Milhizer

Catholic University Law Review

No abstract provided.

A Study Examining The Relationship Between High School Dropouts And Criminality At The Ojibway Correctional Facility, Scott Jette

All NMU Master's Theses

No abstract provided.

Utilization Of The Brief Symptom Inventory With Homeless Men: A Convergent Validity Study Of The Depressive Symptoms, Valerie Sims

Theses and Dissertations

The Brief Symptom Inventory (BSI) is a 53-item, self-report measure of psychological symptoms that was developed as a screening tool for use in a variety of clinical settings. The purpose of the present archival study was to examine the usefulness of the BSI depressive symptoms subscale in a sample of homeless men. Given that homelessness represents a grave problem in the U.S., and that homeless persons are at greater risk for a broad range of mental health problems, the study was conceived to provide additional information about the usefulness of the BSI as a screener of depressive symptoms among the …

A Comparative Approach To Enforced Disappearances In The Inter-American Court Of Human Rights And The European Court Of Human Rights Jurisprudence, Ophelia Claude

Intercultural Human Rights Law Review

Taking into account the current tremendous caseload before the European Court related to enforced disappearances, this article seeks to make a comparative analysis between the Inter-American Court and the European Court jurisprudence. Part I addresses the various difficulties concerning evidence in disappearance cases. It examines the criteria set up by both courts in terms of admission of evidence and burden of proof, as well as the requisite standard of proof in order to accommodate the difficulties arising in disappearance cases. It underscores the Inter-American Court's willingness to render the standard of evidence more flexible in response to the conundrum faced …

Response: Anti-Discrimination Law In Peril?, Trina Jones

Faculty Scholarship

No abstract provided.

An Exclusive Countryside? Crime Concern, Social Exclusion And Community Policing In Two English Villages, Richard Yarwood

School of Geography, Earth and Environmental Sciences

No abstract provided.

Developing Trust And Managing Differences In Perception: Building Relationships Between The Missoula Police Department And Local News Media, Melissa Jensen

Graduate Student Theses, Dissertations, & Professional Papers

Finding the right balance in the relationships that develop between law enforcement officers and members of the media can be difficult for both sides. Police officers who work with the media are trying to navigate through the process of informing the public of crime activity, while protecting those involved in the cases being reported on by the media. Reporters on the other hand are trying to navigate their way through the sometimes unclear process of gathering criminal justice information to report crime stories to the public, while learning the proper procedures for working with law enforcement.

An Integrated Approach To The Role Of Control In Child Maltreatment And Delinquency, Heather Page Kinnett

Online Theses and Dissertations

The purpose of this thesis is to integrate the labeling perspective and social support perspective into the central causal process of Charles Tittle's control balance theory. This will explain the linkages between child maltreatment and delinquency. The child maltreatment experience and the consequent label of victim affect a youth's self concept which in turn affects how a provoking event will be interpreted. The child maltreatment experience lessens the amount of control imbalance necessary for a provoking event to be interpreted as humiliating. The victim label also affects motivation for deviance indirectly through its effects on the control ratio and opportunity …

The Role Of The Family In Criminal Law, Gerard V. Bradley

Journal Articles

Privilege or Punish: Criminal Justice and the Challenge of Family Ties. Dan Markel, Jennifer M. Collins & Ethan J. Leib. Oxford University Press, 2009.

The authors of Privilege or Punish (PoP) pose two questions, one descriptive and the other morally evaluative. "First, how does the criminal justice system in this country approach the issue of family status? Second, how should family status be recognized, if at all, in a criminal justice system situated within a liberal democracy committed to egalitarian principles of nondiscrimination?"

Science, Public Bioethics, And The Problem Of Integration, O. Carter Snead

Journal Articles

Public bioethics — the governance of science, medicine, and biotechnology in the name of ethical goods — is an emerging area of American law. The field uniquely combines scientific knowledge, moral reasoning, and prudential judgments about democratic decision making. It has captured the attention of officials in every branch of government, as well as the American public itself. Public questions (such as those relating to the law of abortion, the federal funding of embryonic stem cell research, and the regulation of end-of-life decision making) continue to roil the public square.

This Article examines the question of how scientific methods and …

Factors Influencing The Decision Of High School Graduating Seniors In Corozal, Puerto Rico, To Pursue University Studies, Aned Yarelis Muñiz Gracia Edd

Dissertations

A university education has become a ticket out of poverty for persons living in highly competitive labor markets. Consequently, access to higher education and the factors that motivate university enrollment have long been studied. However, prior to this study, no noteworthy studies with a focus on high school students and their perceptions about higher education had been conducted in Puerto Rico. This lack of research is surprising because Puerto Rico has one of the world's most competitive job markets where a university degree can mean the difference between dependence on welfare and governmental assistance and a life of self-sufficiency and …

Framing Justice: Media, Bias, And Legal Decisionmaking, Perry L. Moriearty

Maryland Law Review

No abstract provided.

District Attorney’S Office For The Third Judicial District V. Osborne: Leaving Prisoners’ Access To Dna Evidence In Limbo, Alexandra Millard

Maryland Law Review

No abstract provided.

Retribution And Reform, Chad Flanders

Maryland Law Review

No abstract provided.

Retributivism For Progressives: A Response To Professor Flanders, David Gray, Jonathan Huber

Maryland Law Review

No abstract provided.

Can Retributivism Be Progressive?: A Reply To Professor Gray And Jonathan Huber, Chad Flanders

Maryland Law Review

No abstract provided.

Ensuring The Ethical Representation Of Clients In The Face Of Excessive Caseloads, Peter A. Joy

Scholarship@WashULaw

The right of one charged with [a] crime to counsel may not be deemed fundamental and essential to fair trials in some countries, but it is in ours. From the very beginning, our state and national constitutions and laws have laid great emphasis on procedural and substantive safeguards designed to assure fair trials before impar-tial tribunals in which every defendant stands equal before the law. This noble ideal cannot be realized if the poor man charged with [a] crime has to face his accusers without a lawyer to assist him.

You can't give me too many cases, too many clients, …

Constructing Systemic Safeguards Against Informant Perjury, Peter A. Joy

Scholarship@WashULaw

Reliance on an informant's testimony as the primary basis for charging and convicting the accused is fraught with problems. While the hypothetical explicitly addresses the ethical dilemmas defense counsel faces when her client is trading false testimony in exchange for a reduced charge and shorter sentence, the hypothetical also implicitly illustrates the inadequacies of our criminal justice system's current handling of testimony from cooperating witnesses.

The focus on the ethical, and perhaps moral, obligations of Lawyer representing a potentially perjurious Client begs larger questions. Are there safeguards the prosecutor's office could employ to ensure that the trial prosecutor, who is …

Litigation Over Prison Medical Services, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.

Neuroscience, Cognitive Psychology, And The Criminal Justice System, Deborah W. Denno

Faculty Scholarship

No abstract provided.

Outsourcing Criminal Prosecution?: The Limits Of Criminal Justice Privatization, Roger Fairfax

Scholarly Articles in Law Reviews & Journals

In an era of scarce public resources, many jurisdictions are being forced to take drastic measures to address severe budgetary constraints on the administration of criminal justice. As prosecutors' budgets around the nation are being scaled back and enforcement capacities are being narrowed, one conceivable response is the outsourcing of the criminal prosecution function to private lawyers. Indeed, prosecution outsourcing currently is utilized in surprising measure by jurisdictions in the United States.

This Article, prepared for the University of Chicago Legal Forum Symposium on Crime, Criminal Law, and the Recession, argues that the outsourcing trend in criminal justice-seen most prominently …

The Dual Purposes Of The U Visa Thwarted In A Legislative Duel, Jamie Abrams

Scholarly Articles in Law Reviews & Journals

Congress created the U visa non-immigrant classification to achieve the dual purposes of both strengthening law enforcement’s ability to pursue domestic violence cases and protecting victims. This article reveals how the gatekeeper function of the law enforcement certification in the U visa petition, as set out in the interim final regulations, undermines Congress’s dual purposes and thwarts the statutory framework entirely. The law enforcement certification provisions of the U visa interim final regulations irreparably shift considerable centralized power to law enforcement personnel, subjecting the certification process to inconsistent application and misapplication.

U Visas allow undocumented non-immigrants who are victims of …

Infusing Culture Into Practice: Developing And Implementing Evidence-Based Mental Health Services For African American Foster Youth, Harold E. Briggs, Bowen Mcbeath

School of Social Work Faculty Publications and Presentations

The lack of culturally appropriate health and mental health care has contributed to the large number of African American youth and families involved in the child welfare system. This article reviews the consequences of the insufficient access to culturally sensitive, evidence-supported interventions for African American foster youth. The authors describe a framework for the development of culturally appropriate mental health interventions responsive to the needs of African Americans.

The Disregarding Of The Rehabilitative Spirit Of Juvenile Codes: Addressing Resentencing Hearings In Blended Sentencing Schemes, Grace Shear

Kentucky Law Journal

No abstract provided.

The Effect Of Plea Bargaining Vs. Trial Conviction On The Sentencing Of Offenders Charged With A Drug Offense In Cook County, Illinois, Joseph George Dusek

Dissertations

Traditional wisdom suggests those who lose at trial for a criminal charge receive a heftier prison sentence than those who plea bargain. Plea bargaining reduces strain on the courts, expedites adjudication and may indicate the defendant's propensity for rehabilitation as they accept responsibility for their actions. Some ask why two people charged with the same crime should receive different sentences based on the adjudication method. The Constitution guarantees the right to a jury trial. Innocent defendants may decide to plead guilty for a sure short sentence rather than risk a trial conviction's lengthier one. This study using statistical procedures examined …

Equal Protection From Execution: Expanding Atkins To Include Mentally Impaired Offenders, Corena G. Larimer

Case Western Reserve Law Review

No abstract provided.

Older Adult Alcohol Misuse: Attitudes, Knowledge, And Support For Prevention Policies And Practices Among Aging Services Practitioners, Crystelle A. Egan

Open Access Dissertations

Alcohol misuse is prevalent among older adults and is projected to increase. Alcohol misuse includes: 1) at risk consumption patterns and 2) problem use already resulting in negative consequences. An increase in alcohol misuse prevention efforts targeted to adults 65 and older is necessary to address this public health issue. Aging services practitioners are key gatekeepers to the older population, yet anecdotal discussion in the research literature suggests that negative attitudes about older adult alcohol misuse (denial, fatalism, and therapeutic nihilism) may decrease their likelihood of supporting prevention efforts. A national sample of 136 Resident Service Coordinators completed an online …

Defining The Reasonable Person In The Criminal Law: Fighting The Lernaean Hydra, Michael Vitiello

McGeorge School of Law Scholarly Articles

When courts invoke the reasonable person as a means to assess culpability, they attribute to the standard some but not all of the objective and subjective characteristics of the accused. The Model Penal Code provides little guidance because the drafters intentionally punted on the issue, leaving line-drawing to the courts. This Article examines four classic self-defense cases and concludes that the courts have not drawn consistent lines regarding exactly which characteristics should be imparted to the reasonable person. The Article examines the most prominent areas of deviation and observes that fundamental inconsistencies within our societal notions of fault and punishment …

Japan’S Legal Education Reforms From An American Law Professor’S Perspective, Jeffrey Lubbers

Research Reports & White Papers

This paper describes and analyzes Japan’s reform of legal education. This reform that began in 2004—a new system of legal education, coupled with changes in the national bar examination and in the national legal training institute for successful exam-takers—was part of a wideranging national law reform movement in Japan. As a result, 74 universities across Japan established graduate-level “law schools,” most of which were added to pre-existing undergraduate law departments. The new law schools provide a degree equivalent to an American Juris Doctor (JD) degree. These law degrees became the main prerequisite for taking the national bar exam. The pass …