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Rehabilitating Mental Disorder Evidence After Clark C. Arizona: Of Burdens, Presumptions, And The Rights To Raise Reasonable Doubt, Dora W. Klein

Faculty Articles

The right not to be found guilty of a crime absent proof beyond a reasonable doubt is a powerful right. It can be undermined, however, by rules that at first seem to have little to do with reasonable doubt or with burdens of proof.

In the recent case of Clark v. Arizona, the Supreme Court considered whether states may enact rules that categorically prohibit criminal defendants from offering mental disorder evidence for the purpose of raising reasonable doubt regarding the mens rea element of a charged offense. In Arizona law, mental disorder evidence is inadmissible for the purpose of disproving …

Innovation Or Renovation In Criminal Procedure: Is The World Moving Toward A New Model Of Adjudication?, Gerald S. Reamey

Faculty Articles

A universal system of criminal procedure offers the allure of efficiency, predictability, and enhanced crime control. For the first time in modern history, universality seems achievable. The criminal procedures employed by the world’s major legal systems are converging. What was once distinctively “civil” or “common law” is now a blend of the two. The adversarial adjudicative approach of most common law countries now can be found in the most unlikely places, and civil law characteristics adorn the processes of some of the world’s most aggressively adversarial systems.

While this movement has not gone unnoticed, the pace of change has accelerated, …

Of State, Market And Justice: Latcritical Challenges To Theory, Praxis And Policy, Francisco Valdes

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Between The Scylla And Charybdis Of Prosecution And Reconciliation: The Khmer Rouge Trials And The Promise Of International Criminal Justice, Neha Jain

Duke Journal of Comparative & International Law

No abstract provided.

Post-Racialism In The Inner-City: Structure And Culture In Lawyering, Anthony V. Alfieri

Articles

No abstract provided.

Sexual Abuse Of Power, Michal Buchhandler-Raphael

University of Florida Journal of Law & Public Policy

No abstract provided.

Public Access To Criminal Discovery Records: A Look Behind The Curtain Of The Criminal Justice System, Brian Pafundi

University of Florida Journal of Law & Public Policy

No abstract provided.

Organizational Liability And The Tension Between Corporate And Criminal Law, Miriam H. Baer

Faculty Scholarship

No abstract provided.

Giving Voice In Court: Cushioning Adversarialism For Witnesses With Intellectual Disabilities, Prianka Nair

Faculty Scholarship

No abstract provided.

Doing Wrong Without Creating Harm, Lawrence M. Solan, Joseph Sanders, Matthew B. Kugler, John M. Darley

Faculty Scholarship

No abstract provided.

Strafford County 2009 Annual Report Of The Commissioners, Treasurer, Other County Officers And The Strafford County Delegation Strafford County, New Hampshire For The Year Ending December 31, 2009., Stafford County Representatives

Strafford County, NH Annual Reports

This is an annual report containing vital statistics for a county in the state of New Hampshire.

Refugees As People: The Portrayal Of Refugees In American Human Interest Stories, Sarah Steimel

Department of Communication Studies: Faculty Publications

This study combines discourse analysis and narrative analysis (Yin 2007) to examine top US newspapers’ coverage of refugees in American human interest stories. I find that the refugees are presented (a) as prior victims; (b) as in search of the American Dream; and (c) as unable to achieve the American Dream. As human-interest features, the stories provide a largely positive portrayal of individual refugees and their families. However, the human interest stories also depict refugees as current victims of the American economic crisis; deeply frustrated by their inability to achieve the American Dream. Together these discourses represent a narrative of …

General Psychology M. S. Online Convenience For Working Professionals, Nova Southeastern University

College of Psychological Services / College of Psychology Postgraduate Student and Course Catalogs

No abstract provided.

The Durability Of Prison Populations, John F. Pfaff

Faculty Scholarship

No abstract provided.

It’S Like Jumping Out Of A Plane Without A Parachute: Incarceration And Reintegration Experiences Of Provincially Sentenced Women In Atlantic Canada, Jennifer Robena Bernier

Theses and Dissertations (Comprehensive)

Women are now the fastest rising prison population in the world (Balfour & Comack, 2006). As more and more women are being incarcerated, it becomes increasingly important to understand how they experience imprisonment, as well as their transition back to the community. Scholarly work on women’s incarceration and reintegration is limited. In Canada, the majority of research on reintegration, and otherwise, has focused on the federal correctional system. The goal of this study was to gain a greater understanding of the incarceration and reintegration experiences of women in the provincial correctional system. In order to achieve this goal, I conducted …

Towards A Seamless Support Sysetm For Federally Sentenced Women Returning To The Community, Jessica Hutchison

Theses and Dissertations (Comprehensive)

Women are the fastest growing prison population in the world. Furthermore, there has been a significant increase in the numbers of federally sentenced women identified as having a mental health problem. The goal of this study was to determine how the Waterloo Region can create a seamless support system for women with mental health issues leaving Grand Valley Institution for Women (GVI). An anti-oppressive framework was used, which emphasizes issues of power and oppression within the lives of individuals who have been marginalized and oppressed. Three participant groups took part in this research: (a) 12 women with mental health issues …

What Does Graham Mean In Michigan?, Kimberly A. Thomas

Articles

In Graham v. Florida, the United States Supreme Court held that life without parole could not be imposed on a juvenile offender for a nonhomicide crime.1 In this context, the Graham Court extensively discussed the diminished culpability of juvenile criminal defendants, as compared to adults. The Court relied on current scientific research regarding adolescent development and neuroscience. While the narrowest holding of Graham has little impact in Michigan, the science it relies on, and the potential broader implications for adolescents in Michigan, are significant.

Litigation Strategies For Dealing With The Indigent Defense Crisis, Eve Brensike Primus

Articles

The indigent defense delivery system in the United States is in a state of crisis. Public defenders routinely handle well over 1,000 cases a year, more than three times the number of cases that the American Bar Association says one attorney can handle effectively. As a result, many defendants sit in jail for months before even speaking to their court-appointed lawyers. And when defendants do meet their attorneys, they are often disappointed to learn that these lawyers are too overwhelmed to provide adequate representation. With public defenders or assigned counsel representing more than 80% of criminal defendants nationwide, the indigent …

Regulating Segregation: The Contribution Of The Aba Criminal Justice Standards On The Treatment Of Prisoners, Margo Schlanger

Articles

Over recent decades, solitary confinement for prisoners has increased in prevalence and in salience. Whether given the label "disciplinary segregation," "administrative segregation," "special housing," "seg," "the hole," "supermax," or any of a dozen or more names, the conditions of solitary confinement share basic features: twenty-three hours per day or more spent alone in a cell, with little to do and no one to talk to, and one hour per day or less in a different, but no less isolated, setting-an exercise cage or a space with a shower. Long-term segregation units operated along these lines are extraordinarily expensive to build …

Race Audits, Robin A. Lenhardt

Faculty Scholarship

The U.S. Supreme Court’s race jurisprudence suffers from a stunning lack of imagination where possibilities for meaningful local government involvement in combating structural racial inequality are concerned. Cases such as Parents. and Ricci limit dramatically the freedom that localities have to address racial inequity within their borders. Instead of constraints on local efforts in the race context, Professor Lenhardt argues that what we need, if persistent racial inequalities are ever to be eliminated, is greater innovation and experimentation. In this article, Professor Lenhardt thus introduces an extra-judicial tool called the race audit, which would permit individual cities or a regional …

Sects' Offenders: The Inefficacy Of Sex Offender Residency Laws And Their Burdens On The Free Exercise Of Religion, Amol N. Sinha

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Diversity And The Federal Bench, Carl W. Tobias

Law Faculty Publications

Justice Sonia Sotomayor's appointment was historic. She is the first Latina Supreme Court member and President Barack Obama's initial appointment. Her confirmation is the quintessential example of his commitment to increasing ethnic and gender diversity in the judiciary; it epitomizes how the administration has nominated and appointed people of color and women to the appellate and district courts. Enhancing diversity honors valuable goals. Selection across a presidency's initial fifteen months also creates the tone. These ideas suggest that the nascent administration's judicial selection merits evaluation, which this paper conducts. Part I briefly assesses modern chief executives' divergent records in naming …

2010-2011 Lindenwood University Lcie Course Catalog, Lindenwood University

Course Catalogs

Lindenwood University LCIE Course Catalog

2010-2011 Lindenwood University Undergraduate Course Catalog, Lindenwood University

Course Catalogs

Lindenwood University Undergraduate Course Catalog

2010-2011 Lindenwood University-Belleville Course Catalog, Lindenwood University

Course Catalogs

Lindenwood University-Belleville Course Catalog

Blackboard Jungle: Delinquency, Desegregation, And The Cultural Politics Of Brown, Anders Walker

All Faculty Scholarship

In 1955, Metro-Goldwyn-Mayer released a controversial film about juvenile delinquency entitled Blackboard Jungle. Georgia Governor Ernest Vandiver subsequently used the film as a metaphor for what would happen to southern schools were Brown v. Board of Education enforced, marking the beginnings of a much larger campaign to re-articulate southern resistance to integration in popular terms. Taking the intersection between discourses of delinquency and desegregation at mid-century as a starting point, this article advances three claims. One, the NAACP’s reliance on sociological evidence in Brown was a strategic attempt to align black interests with concerns over child development popular at the …

A Typology Of Consensual Criminal Procedures: An Historical And Comparative Perspective On The Theory And Practice Of Avoiding The Full Trial, Stephen C. Thaman

All Faculty Scholarship

In the words of Clifford Geertz, this chapter engages in “an exercise of intercultural translation” in order to understand the reality of plea bargaining and other forms of consensual resolution of criminal cases. It provides a history of consensual and alternative forms of criminal procedure around the world. It also provides a comprehensive discussion on alternatives to a full trial in modern penal systems and issues that arise with those alternatives.

The Company Of Scoundrels, Ronald J. Bacigal

Law Faculty Publications

With respect to sentencing, double jeopardy analysis turns on whether Congress clearly expressed its intent to impose multiple punishments on repeat sex offenders. It is questioned whether Brett M. Shockley clearly demonstrated a violation of double jeopardy. While the constitutionality of the current laws remains in doubt, there is less doubt surrounding Shockley's attack on the wisdom of what Congress and the courts have wrought. Solution 1 proposes that life imprisonment be replaced by a maximum punishment of 25 years for repeat offenders. The downside to this pragmatic solution is that the government appears to be saying that it may …

Spatial Inequality As Constitutional Infirmity: Equal Protection, Child Poverty And Place, Lisa R. Pruitt

Montana Law Review

Spatial Inequality as Constitutional Infirmity

To Be Real: Sexual Identity Politics In Tort Litigation, Anne Bloom

North Carolina Law Review

No abstract provided.