Digital Commons Network^™

Relative Doubt: Familial Searches Of Dna Databases, Erin Murphy

Michigan Law Review

The continued growth of forensic DNA databases has brought about greater interest in a search method known as "familial" or "kinship" matching. Whereas a typical database search seeks the source of a crime-scene stain by making an exact match between a known person and the DNA sample, familial searching instead looks for partial matches in order to find potential relatives of the source. The use of a familial DNA search to identify the alleged "Grim Sleeper" killer in California brought national attention to the method, which has many proponents. In contrast, this Article argues against the practice of familial searching …

When A Company Confesses, Christopher Jackson

Michigan Law Review

Under the Federal Rules of Criminal Procedure, a defendant is normally obligated to attend all of the proceedings against her. However Rule 43(b)(2) carves out an exception for organizational defendants, stating that they "need not be present" if represented by an attorney. But on its face, the language of 43(b)(2) is ambiguous: is it the defendant or the judge who has the discretion to decide whether the defendant appears? That is, may a judge compel the presence of an organizational defendant? This Note addresses the ambiguity in the context of the plea colloquy, considering the text of several of the …

The Vitality Of The American Sovereign, Todd E. Pettys

Michigan Law Review

The proposition that "the people" are the preeminent sovereign in the United States has long been a tenet of American public life. The authors of the Declaration of Independence characterized the American people's sovereignty as a "self-evident" truth when announcing the colonies' decision to sever their ties with Great Britain, the delegates to the Philadelphia Convention in 1787 invoked the people's sovereignty when framing the nation's Constitution, and Americans today exercise their sovereignty each time they cast their ballots on Election Day. Yet what prerogatives, precisely, does the people's sovereignty entail? In modern America, where neither a bloody revolution nor …

The Role Of Probation And Parole Officers In The Collaborative Response To Sex Offenders, Brian K. Payne, Matthew Demichele

Sociology & Criminal Justice Faculty Publications

The article presents the curriculum for training community corrections professionals on how to deal with low-level/low-risk sex offenders, with emphasis on the role of various agencies in the collaborative response system. The role of probation and parole officers as the sex offender's external conscience is explained as well as the duties of law enforcement officers in responding to sex offenses. Jail staff may become involved by being court staff, prison staff and treatment staff.

Blaming The Brain, Steven K. Erickson

Minnesota Journal of Law, Science & Technology

No abstract provided.

Dwi Source Code Motions After Underdahl, David Liebow

Minnesota Journal of Law, Science & Technology

No abstract provided.

I'M Not A Math Person: An Examination Of How Parents And Peers Affect The Ways In Which Students Engage With Mathematics, Samantha Jean Grey

Honors Theses

Culture plays an important role in influencing the ways in which students engage '^ith mathematics. This study sought to examine the ways in which the culture of the home influences the mathematics identities that students bring to the classroom. The researcher recruited participants from a college algebra class taught at a public university. The researcher interviewed four participants from the sample to collect their narratives for analysis. The results of this study indicate that parents and peers influence students’ mathematics identities in powerful and unexpected ways, especially when there is disagreement between the explicit and implicit messages that they communicate …

Electronic Supervision And The Importance Of Evidence Based Practices, Matthew De Michele, Brian Payne

Sociology & Criminal Justice Faculty Publications

This article proves readers with a brief introduction to evidence-based practices and the integrated model developed by NIC and CJI. Evidence-based principles provide some direction for agencies considering using electronic monitoring or other electronic supervision tools in their jurisdictions. Deciding to place any offender on electronic supervision requires an adequate risk assessment to determine the individual's risk and criminogenic need factors. The assessment is a foundation for the rest of the supervision period. Forgoing adequate assessment would be like building a building on a faulty foundation. The building will ultimately collapse and fail to provide safety.

The Importance Of Litigant Wealth, Albert Yoon

DePaul Law Review

No abstract provided.

Fas Behavioral Survey Of Traits: Screening For Effects Of Prenatal Exposure To Alcohol, Glena Andrews, C. Joe Robins

Faculty Publications - Doctor of Psychology (PsyD) Program

The FAS BeST was developed by parents and educators of children with Fetal Alcohol Syndrome rating behaviors characteristic of FASD including; easily influenced by others, difficulty learning from experience, appearing and declaring innocence even when confronted with evidence to the contrary, and experiencing difficulties in other domains. The FAS BeST differentiates between children with PEA, dysgenesis of the corpus callosum (DCC), and attention deficit hyperactivity disorder (ADHD; Porter & Andrews, 2004). The sample included 294 participants. Using the cutoff score suggested by Porter and Andrews (2004) the accuracy rates were 78% for FAS/E, 100% for controls, 85% for DCC, and …

Procedures For Public Law Remediation In School-To-Prison Pipeline Litigation: Lessons Learned From Antoine V. Winner School District, Catherine Y. Kim

Faculty Publications

No abstract provided.

Protecting The Innocent: Part Of The Solution For Inadequate Funding For Defenders, Not A Panacea For Targeting Justice, Robert P. Mosteller

Faculty Publications

No abstract provided.

Judicial Abdication And Equal Access To The Civil Justice System, Gene R. Nichol Jr.

Faculty Publications

No abstract provided.

The Golden Metwand': The Measure Of Justice In Shakespeare's Measure For Measure, John V. Orth

Faculty Publications

No abstract provided.

Reply To Richard A. Leo And Jon B. Gould, Samuel R. Gross, Barbara O'Brien

Articles

The following is a letter to the Ohio State Journal of Criminal Law received from Professors Samuel Gross and Barbara O'Brien, responding to an article published in the Journal in Fall 2009 by Professors Richard Leo and Jon Gould. This letter is followed by a reply from Professors Leo and Gould. Professors Gross and O'Brien did not see the reply prior to the Journal going to press. As we have indicated before, we welcome letters to the Journal from readers on any topic covered in a prior issue. - Editors

State Of Utah V. Riqo M. Perea : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from a conviction for two counts of Aggravated Murder in violation of Utah Code Ann. § 76-5-202, two counts of Attempted Murder in violation of Utah Code Ann. § 76-5-203 and a Dangerous Weapon Enhancement in violation of Utah Code Ann. § 76-4-203 in the Second District Court, State of Utah, the Honorable Ernie W. Jones, Judge, presiding.

Keynote Address: Enhancing The Justice Mission In The Exercise Of Prosecutorial Discretion, Ellen Yaroshefsky

Hofstra Law Faculty Scholarship

No abstract provided.

Prosecutorial Agnosticism, Alafair Burke

Hofstra Law Faculty Scholarship

Most legal ethicists maintain that an ethical prosecutor should pursue criminal charges against a defendant only if the prosecutor personally believes that the defendant is guilty. The assumption is that the obligation to “do justice” encompasses a duty to act as initial case-screener, scrutinizing the evidence against the defendant not just for sufficient proof to avoid a judgment of acquittal, but for proof that persuades the prosecutor of the defendant’s guilt beyond a reasonable doubt in her own mind. From this perspective, prosecutors act not simply as advocates of conviction in an adversarial system, but as a first and ever-present …

Court Reform Enters The Post-Caperton Era, James Sample

Hofstra Law Faculty Scholarship

This Article considers the significant state court reform developments in the year following the Supreme Court’s landmark decision in Caperton v. A.T. Massey Coal Co., as well as ancillary federal developments, including renewed congressional interest in judicial disqualification. Picking up on the author’s view that “paradoxically for a decision overturning a state justice’s non-recusal, the majority’s approach is a model of cooperative federalism,” the Article focuses primarily on the initial developments pertaining to money in the courts in Wisconsin, Michigan, and West Virginia in the short period since the decision.

The Article notes that while recusal practices have certainly been …

Talking About Prosecutors, Alafair Burke

Hofstra Law Faculty Scholarship

This Article explores the narrative that the scholarly literature on wrongful convictions uses to talk about prosecutors. In the prevailing narrative of the wrongful conviction literature, stories of bad prosecutorial decision making in the cases against Genarlow Wilson, the Jena Six, and three Duke lacrosse players are merely high-profile examples of misconduct that happens every day in America’s prosecutors’ offices and courtrooms. What emerges from the current discourse on wrongful convictions is a language of fault — fault placed on prosecutors who fail to value justice at each turn of the proceedings. Separate from the empirical question of how widespread …

When Family Matters, Alafair Burke

Hofstra Law Faculty Scholarship

In Privilege or Punish: Criminal Justice and the Challenge of Family Ties, Dan Markel, Jennifer Collins, and Ethan Leib make an important contribution to the growing literature on criminal law and families by documenting the ways that criminal law advantages and burdens actors based on familial status and identifying the potential harms that are unleashed when criminal law recognizes family status. This Feature seeks to complement that contribution by situating the authors’ observations within the context of two considerations beyond Privilege or Punish’s immediate focus: chronological trends and the practical realities that can shape application of formal law. By distinguishing …

Zealous Representation: The Pervasive Ethic, Monroe Freedman, Abbe Smith

Hofstra Law Faculty Scholarship

Closely related to the concept of client autonomy is the lawyer’s obligation to give “entire devotion to the interest of the client, warm zeal in the maintenance and defense of his rights and the exertion of [the lawyer’s] utmost learning and ability.” The ethic of zeal is a “traditional aspiration” that was already established in Abraham Lincoln’s day, and continues today to be “the fundamental principle of the law of lawyering” and “the dominant standard of lawyerly excellence.”

Amendment 706 To The U.S. Sentencing Guidelines: Not All It Was Cracked Up To Be, Brian Crowell

Villanova Law Review (1956 - )

No abstract provided.

Symposium Introduction, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Assessing Knowledge, Attitudes, And Beliefs Of Teachers In Alabama Concerning Comprehensive Hiv Education, Steven Brent Powell

All ETDs from UAB

The Alabama State Department of Education has guidelines for educators to insure HIV information is taught by teachers starting in fifth grade (Alabama Course of Study: Health Education, 2009). As assessed by The School Health Profile (Profiles), 55% of Alabama teachers received professional development on HIV/AIDS. In addition, less than half of grades 9-12 teachers taught how condoms work, the importance of consistent condom use, and how to obtain condoms (U.S. Department of Health and Human Services, 2009). The Youth Risk Behavior Surveillance Survey (YRBSS) administered to grades 9-12 determined that 57% of youth in Alabama are sexually active, with …

Tragic Consequences Of Deadly Dilemmas: A Response To Allen And Laudan, D. Michael Risinger

Seton Hall Law Review

No abstract provided.

Rodrigo's Reconsideration: Intersectionality And The Future Of Critical Race Theory, Richard Delgado

Articles

No abstract provided.

The Making Of The Attorney General: John Mitchell And The Crimes Of Watergate Reconsidered, Gerald Caplan

McGeorge School of Law Scholarly Articles

No abstract provided.

Mainstreaming Civil Rights In The Law School Curriculum: Criminal Law And Procedure, Tamara F. Lawson

Articles

No abstract provided.

The Prosecutorial Ethic: With Great Power Comes Great Responsibility, Maureen Howard

Articles

Although the American trial system has been likened to an arena in which mental combatants fight “to the death ” (the verdict ), each warrior similarly skilled and equally committed to vanquishing the other in a forum with formal rules of engagement enforced by a learned and impartial judge, the role of the criminal prosecutor is qualitatively different from that of other advocates. This is because, unlike any other lawyer, a criminal prosecutor has an affirmative duty to the opposing party.