Digital Commons Network^™

Restorative Justice In Schools: An Examination Of Peace Circles Within Monroe High School, Christian Isaac

Theses

Literature suggests that restorative justice programs can have improved outcomes when examining recidivism rates and satisfaction levels of both victim and offender in many instances compared to traditional approaches. Partners in Restorative Initiatives implemented peace circles and community conferencing, both restorative justice programs, within James Monroe High School in Rochester, NY. The practice of peace circles within Monroe High School was explored in comparison to theory and current national and international uses of peace circles. This paper discussed the restorative justice approach of using peace circles within James Monroe High School in Rochester, NY and how it affected perceptions of …

Cj Times Volume 5, Issue 1, Department Of Criminal Justice

CJ Times (Newsletter)

No abstract provided.

The International Control Of Illegal Drugs And The U.N. Treaty Regime: Preventing Or Causing Human Rights Violations?, Daniel Heilmann

Cardozo Journal of International and Comparative Law

The international drug control regime, established to preserve human health and welfare, faces criticism for prioritizing criminalization and punishment over education, harm reduction, and human rights. The regime's prohibition-oriented approach, while comprehensive, is challenged by modern human rights standards and the evolving illegal drug market. The article examines whether the regime remains effective and aligned with contemporary human rights principles, emphasizing the need to balance control measures with human rights protections.

Dipl 6422 Trans-Atlantic Relations And World Politics, Jacques Fomerand Phd

Diplomacy Syllabi

The transatlantic relationship between Europe and North America has been one of the most peaceful and durable partnership among states in history. It has also been and remains the bedrock of international relations since the end of World War II. Transatlantic relations initially grew of the fears prompted by the old War and focused on security concerns as evidenced by the creation of the North Atlantic Treaty Organization (NATO) which was designed to "keep the Russians out, the Germans down, and the Americans in." They have all along been shaped (and reshaped) by an ever widening range of security as …

A Rational Post-Booker Proposal For Reform Of Federal Sentencing Enhancements For Prior Convictions, Caleb E. Mason, Scott M. Lesowitz

Northern Illinois University Law Review

In this article we propose a solution to one of the more vexing problems in current federal sentencing jurisprudence: classification of prior offenses for the purpose of applying sentencing enhancements in immigration cases. The current system is unduly difficult to apply and leads to poor sentencing outcomes. We urge the United States Sentencing Commission to conduct systematic empirical surveys of crime definitions and prosecution practice, on both the interstate and intrastate level. The Commission should use those surveys to determine which specific statutes of conviction should trigger the relevant enhancements, instead of forcing the courts to decide on a statute-by-statute …

Armstrong Magazine, Marketing & Communications Department, Armstrong State University

Armstrong News & Publications: Armstrong Magazine (Archived)

No abstract provided.

Perspectives, Spring 2011, Western New England University School Of Law

Perspectives Alumni Magazine

No abstract provided.

Liberal Legal Norms Meet Collective Criminality, John D. Ciorciari

Michigan Law Review

International criminal law ("ICL") tends to focus on the same question asked by the Cambodian survivor above: who was ultimately most responsible? Focusing on the culpability of senior leaders has powerful appeal. It resonates with a natural human tendency to personify misdeeds and identify a primary locus for moral blame. It also serves political ends by putting a face on mass crimes, decapitating the old regime, and leaving room for reconciliation at lower levels. But what happens when smoking guns do not point clearly toward high-ranking officials? And how can the law address the fact that most atrocities are committed …

Prevention Of Human Trafficking: A Review Of The Literature, Portland State University. Criminology And Criminal Justice Senior Capstone

Criminology and Criminal Justice Senior Capstone Project

A review of the literature pertaining to human trafficking reveals that human trafficking is a difficult crime to detect and prevent. Human trafficking involves the trafficking of human beings for the purpose of commercial sexual activities as well as forced labor. These crimes are occurring worldwide. Research indicates organized crime, prostitution, massage parlors, and brothels are closely linked to the crime of human trafficking. Government corruption and transnational criminal organizations contribute significantly to this crime and financial profit is usually the primary motivation. The objective of this report is to examine the various elements of human trafficking including the recognized …

Oregonians Report Broad Support For Policies That Could Reduce Prison Population, Jody Sundt

Criminal Justice Policy Research Institute Research Briefs

Correctional spending is one of the largest and fastest growing parts of the Oregon budget, making it a target for increased scrutiny. According to a 2011 Legislative Fiscal Office report, the Department of Correction’s (DOC) budget represented close to 9% of the combined General and Lottery Funds in the 2009- 2011 biennium. Since 1993-1995, correctional spending increased almost threefold from close to $400 million to $1.4 billion. Moreover, the DOC’s share of the state budget almost doubled since the mid-1980s. In the context of declining revenue forecasts and increased demand for public services, state agencies are under pressure to reduce …

Political Science Spring 2011, Dan Sabia

Political Science Newsletter Spring 2011

No abstract provided.

Administrative Law In The 1930s: The Supreme Court’S Accommodation Of Progressive Legal Theory, Mark Tushnet

Duke Law Journal

In the first decades of the twentieth century, Progressive politicians and legal theorists advocated the creation and then the expansion of administrative agencies. These agencies, they argued, could address rapidly changing social circumstances more expeditiously than could courts and legislatures, and could deploy scientific expertise, rather than mere political preference, in solving the problems social change produced. The proliferation of administrative agencies in the New Deal-the SEC, the NLRB, and others-meant that defending administrative agencies from close judicial oversight became intertwined with defending the New Deal itself In a series of contentious cases decided by the Hughes Court, Progressives believed …

Urgent Reform 'In The Name Of Our Children': Revamping The Role Of Disproportionate Minority Contact In Federal Juvenile Justice Legislation, Atasi Satpathy

Michigan Journal of Race and Law

Disproportionate minority contact ("DMC") has plagued the United States juvenile justice system for decades, but federal legislation has lacked the clarity and guidance to battle this affliction. A strong partnership must exist between state and federal entities in order to directly target DMC and thereby decrease the appallingly disproportionate number of minority children who come into contact with the juvenile justice system. This Note discusses the problem of DMC, identifies state and private efforts to combat the crisis, and indicates deficiencies in the Juvenile Justice and Delinquency Prevention Act as well as its reauthorization bill, S. 678. The Note urges …

Domestic Violence As A Contributing Factor To Juvenile Substance Use, Victoria Felicitas Sophie Danz

Sociology & Criminal Justice Theses & Dissertations

This study examines the relationship between witnessing violence in the home and juvenile substance use. Data was used from an existing study and variables were recoded to be of best use for this particular work. This study found that witnessing acts of violence can lead a juvenile into drug use, but other factors are more likely to have influenced this behavior. The study shows that family and peer use of drugs is a major predictor for juvenile substance use and has a bigger influence on the juvenile's life than witnessing violence. No significant impact on drug use was found between …

Reflections On The Mass Atrocity Response Operations Project, Alex Alvarez

Genocide Studies and Prevention: An International Journal

As we become evermore aware of the costs and consequences of genocide and various other human rights abuses, the recognition of the need for more effective prevention and intervention strategies also becomes evermore clear. All too often when out- breaks of violence have occurred, the international community has appeared power- less to prevent it and absolutely ineffective when taking steps to stop the violence and the killing. Perhaps the worst contemporary example of this impotence comes from the Democratic Republic of the Congo. Rooted in the destabilizing effects of the 1994 genocide in neighboring Rwanda, the Eastern Congo has been …

Author Biographies

Genocide Studies and Prevention: An International Journal

No abstract provided.

Cracks In The Cost Structure Of Agency Adoption, Andrea B. Carroll

Journal Articles

No abstract provided.

12 Unnecessary Men: The Case For Eliminating Jury Trials In Drunk Driving Cases, Adam M. Gershowitz

Faculty Publications

Over the last few decades, states have imposed tougher punishments on drunk drivers. This Article argues that increasing punishments is counterproductive. If legislatures are seeking to hold guilty offenders accountable and deter drunk driving, they should keep punishments low and instead abolish the right to jury trials. Under the petty offense doctrine, the Supreme Court has authorized states to abolish jury trials when defendants face a maximum sentence of six months’ incarceration. Social science evidence has long demonstrated that judges are more likely to convict than juries, particularly in drunk driving cases. And researchers have found that the certainty of …

Special Challenges To 21st Century Lawyers: The Use And Misuse Of Technology, Fredric I. Lederer, Richard K. Herrmann, Jan Michelsen, Andrew Mertens

Faculty Publications

No abstract provided.

Lift 2011 Spring

Lift: The Alumni Magazine of Embry-Riddle Aeronautical University (ERAU)

No abstract provided.

When Domestic Violence And Sex-Based Discrimination Collide: Civil Rights Approaches To Combating Domestic Violence And Its Aftermath, Erica Franklin

DePaul Journal for Social Justice

No abstract provided.

Taking Care Of Its Own: Comparing The United States Military's Transitional Compensation Program With State Victim Compensation Programs, Margaret Rose Kuzma

DePaul Journal of Women, Gender and the Law

No abstract provided.

Always A Minor, Never A Wife: The Female Adolescent Experience In Polygamous Communities, Alexis Chmell

DePaul Journal of Women, Gender and the Law

No abstract provided.

Narrative Preferences And Administrative Due Process, Jason A. Cade

Scholarly Works

This Article illustrates, through sociolinguistic analysis, how an adjudicator’s biases against certain narrative styles can influence his or her assessments of credibility, treatment of parties, and decision-making in the administrative law setting. Poverty lawyers have long observed that many claimants in the administrative state continue to face procedural and discursive obstacles. Applying insights from a growing field of inter-disciplinary research, including conversation analysis, linguistics, and cognitive studies, this Article builds upon those observations by more precisely exploring through a case study of an unemployment insurance benefits hearing how structural and narrative biases can work to deny an applicant due process …

Awakening The Press Clause, Sonja R. West

Scholarly Works

The Free Press Clause enjoys less practical significance than almost any other constitutional provision. While recognizing the structural and expressive importance of a free press, the Supreme Court has never recognized explicitly any right or protection as emanating solely from the Press Clause. Recently in the Court’s Citizens United decision, Justices Stevens and Scalia reignited the 30-year-old debate over whether the Press Clause has any function separate from the Speech Clause.

The primary roadblock to recognizing independent meaning in the Press Clause is the definitional problem - who or what is the “press”? Others have attempted to define the press, …

The Criminal Class Action, Adam S. Zimmerman, David Jaros

All Faculty Scholarship

Over the past ten years, in a variety of high-profile corporate scandals, prosecutors have sought billions of dollars in restitution for crimes ranging from environmental dumping and consumer scams to financial fraud. In what we call “criminal class action” settlements, prosecutors distribute that money to groups of victims as in a civil class action while continuing to pursue the traditional criminal justice goals of retribution and deterrence.

Unlike civil class actions, however, the emerging criminal class action lacks critical safeguards for victims entitled to compensation. While prosecutors are encouraged, and even required by statute, to seek victim restitution, they lack …

Punitive Damages Vs. The Death Penalty: In Search Of A Unified Approach To Jury Discretion And Due Process Of Law, José F. Anderson

All Faculty Scholarship

The role of the jury in awarding monetary damages to plaintiffs in a wide range of civil cases has captured the attention of the media, contemporary non-fiction writers, and reform-minded politicians in recent years. Particular attention has been focused on huge jury awards, which has led many commentators to criticize the wisdom of permitting juries to move so much money from one place to another. Although the right to a jury trial, and with it the exercise of broad judicial discretion, is constitutionally based, many reform efforts have moved toward removing juries from cases both as to the subject matter …

Fortuity And Forensic Familial Identification, Natalie Ram

All Faculty Scholarship

On July 7, 2010, Los Angeles police announced the arrest of a suspect in the Grim Sleeper murders, so called because of a decade-long hiatus in killings. The break in the case came when California searched its state DNA database for a genetic profile similar, but not identical, to the killer’s. DNA is inherited in specific and predictable ways, so a source-excluding partial match might indicate that a close genetic relative of the matching offender was the Grim Sleeper. California’s apparent success in this case has intensified interest in policymaking for source-excluding partial matching. To date, however, little information about …

The Rap Sheet, Spring 2011, Illinois State University, Department Of Criminal Justice Sciences

The Rap Sheet

Newsletter of the Illinois State University Department of Criminal Justice Sciences

Book Notes: Feminized Justice, By Amanda Glasbeek, Jennifer Charles

Osgoode Hall Law Journal

No abstract provided.