Digital Commons Network^™

Differing Attitudes Towards The Cannabis Infringement Notice Scheme As A Function Of Career Aspirations And Dispositional Variables, Mark Thomas Wallace

Theses : Honours

This paper investigated the predictive relationship between individuals' career aspirations, dispositional variables such as temperance mentality and need for closure, and recent cannabis use, and attitudes towards the Cannabis Infringement Notice (CIN) scheme in Western Australia; and also examined if differences in attitudes towards CIN scheme existed between different career aspiration groups. The CIN scheme, a harm reduction strategy, came into effect on 22 March 2004 (Lenton, 2004). Harm reduction is one of three strategies encompassed by the policy of harm minimisation, which underpins Australia's approach to drugs and drug related harm (Ryder, Walker, & Salmon, 2006). Studies investigating attitudes …

Public Opinion On The Sentencing Of Mentally Ill Female Offenders; Factors That Influence People's Perceptions Of Appropriate Punishments And The Impact Of Personal Experience On Sentencing Judgements, Claire Adams

Theses : Honours

The aim of the current study was to explore public opinion on mentally ill female offenders in Western Australia, and the influence of these views on sentencing decisions. This study aimed to determine whether the mental health of a female offender influenced how people view a crime and the punishment they consider most appropriate for an offender. In addition, it aimed to investigate whether knowing someone with a mental illness influences people's perception of a crime and the sentencing decisions favoured for a mentally ill female offender. The study involved a between-subjects design comprising 118 participants, who received one version …

The Impact Of Crime Outcomes On Public Opinions On Sentencing: In Particular Regards To Recent "One Punch" Legislation, Teneke Kuek

Theses : Honours

Australia has recently experienced a punitive swing in sentencing policies and legislation. Consequently, politicians have responded favourably to popular demands for harsher sentencing. A comprehensive review of the current literature has been undertaken to understand why the community has adopted such a punitive position. It has been suggested that the media have hypersensitised the public into believing that crime is much more prevalent than it actually is, resulting in the individual fearing becoming a victim of crime. The public then chooses to elect politicians who appear to be concerned with their safety and the associated legislation. Expectancy/value theory contends that …

The Centerpiece To Real Reform? Political, Legal, And Social Barriers To Reentry In California,, Eumi Lee

Faculty Scholarship

No abstract provided.

Exclude Evidence You Exclude Justice’? A Critical Evaluation Of Israel’S Exclusionary Rule After Issacharov, Binyamin Blum

Faculty Scholarship

No abstract provided.

Sentencing Reform In California, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.

Stories Of Civil Rights Progress And The Persistence Of Inequality And Unequal Opportunity 1970-2010, Michael A. Wolff

All Faculty Scholarship

In this article, Missouri Supreme Court Judge Michael A. Wolff, who also is distinguished visiting professor at St. Louis University School of Law, outlines the judicial and legislative victories and failures of civil rights advocates over the last forty years at both the federal and state level. He details the reform efforts through personal anecdotes of many of his own cases that he pursued as a legal services lawyer and has seen as a judge. Judge Wolff’s stories focus on the rights that legal services programs fought for and obtained and the battles that continue to be lost. In particular, …

What Is Changing? 'The Future Is Not What It Used To Be', Michael A. Wolff

All Faculty Scholarship

The editors of the Federal Sentencing Reporter asked a number of experts on sentencing in 2008 to write short pieces on what they expected after a "change" election. In 2010 the editors asked: what changed? Judge Wolff’s response, which concentrates on the states, is that the states’ dire financial conditions and the effect of the California marijuana legalization proposition, which gathered serious support but failed, have affected the public’s perceptions of sentencing policy. The public and their representatives are trying more to be smart on crime rather than tough on crime, and the public is becoming increasingly skeptical of the …

Bentham On Stilts: The Bare Relevance Of Subjectivity To Retributive Justice, Dan Markel, Chad Flanders, David C. Gray

All Faculty Scholarship

In recent work, various scholars have challenged retributive justice theorists to pay more attention to the subjective experience of punishment, specifically how punishment affects the experiences and well-being of offenders. The claim developed by these “subjectivists” is that because people’s experiences with pain and suffering differ, both diachronically and inter-subjectively, their punishments will have to be tailored to individual circumstances as well.

Our response is that this set of claims, once scrutinized, is either true, but of limited significance, or nontrivial, but unsound. We don’t doubt the possibility that different people will react differently to the same infliction of punishment. …

The One State Solution To Teaching Criminal Law, Or Leaving The Common Law And The Mpc Behind, Chad Flanders

All Faculty Scholarship

How should criminal law be taught to first-year law students? Professors preparing their classes for the first time, and even veterans of many semesters of criminal law, find themselves facing a dilemma. On the one hand, the common law is no longer good - law in nearly every state; it has been superseded by statute. Even states that leave a large role for the common law usually have a combination of common law and statutory law or strongly limit the scope of the common law. On the other hand, there is no uniform code that actually exists as law in …