Digital Commons Network^™

Confidentiality And Disclosure: What The New Aba Criminal Justice Standards (Don't) Say About The Duties Of Defense Counsel, Cecila Klingele

UC Law Constitutional Quarterly

Although the duty to keep client confidences is one of a defense lawyer's defining characteristics, there are times when a lawyer will disclose otherwise confidential information to protect the safety of third parties, convey information to successor counsel, or defend against claims of ineffective assistance. Although disclosure in such instances is sometimes mandated by state professional ethics codes, more often the decision to disclose is left to the discretion of the individual lawyer. One of the few formal resources that offers guidance to defense counsel in making disclosure decisions is the American Bar Association's Criminal Justice Standards for the Defense …

Every Step You Take, They'll Be Watching You: The Legal And Practical Implications Of Lifetime Gps Monitoring Of Sex Offenders, Sarah Shekhter

UC Law Constitutional Quarterly

In 2006, California voters passed Proposition 63 ("Jessica's Law") which, among other provisions, required lifetime GPS monitoring of sex offenders. So far, California has only succeeded in fixing GPS devices to registered sex offenders on parole, yet this already constitutes the largest use of GPS monitoring anywhere in the world. A proper analysis of the constitutional issues surrounding electronic surveillance of parolees, probationers, and the released is warranted before further implementation.

This note explores past constitutional challenges to surveillance technology and sex offender legislation, applying their analyses to lifetime monitoring of sex offenders. It concludes that lifetime GPS monitoring threatens …

Waiving Goodbye To Rights: Plea Bargaining And The Defense Dilemma Of Competent Representation, Jane Campbell Moriarty, Marisa Main

UC Law Constitutional Quarterly

The proposed amendments to the ABA Criminal Justice Standards for Prosecutors and Defense Lawyers ("Proposed Standards") address a number of problematic issues related to the roles of both prosecutors and defense attorneys. This Symposium Article considers waiver of rights in the context of the Standards, focusing on guilty pleas and the so-called "preconditions" that prosecutors generally require before even entertaining the defendant's proffer, colloquially termed "Queen for a Day" agreements It reviews the development in the law since 1993; the changes in the practice since that time; and the proposed changes to the Standards. The article focuses on the complex …

I Can Has Lawyer? The Conflict Between The Participatory Culture Of The Internet And The Legal Profession, Lucille A. Jewel

UC Law SF Communications and Entertainment Journal

The Internet allows citizens to comment on public affairs with an amplified and unfiltered voice, creating an open, community-based "participatory culture" where robust debate flourishes. However, many of the ideals and practices of participatory culture clash with the traditional legal culture as it exists in the United States. This cultural conflict can be seen in emerging narratives, in the form of web blogs and lawyer emails that go "viral," in which lawyers comment on the lack of humanism within big law firm hiring and firing practices; expose the alienating work environments experienced by low-level contract attorneys; or criticize judges who …

Knowledge And Information Sharing In Transnational Knowledge Networks: A Contextual Perspective, Sharon S. Dawes, Mohammed Gharawi, G. Brian Burke

Center for Technology in Government

Proceedings of the 44th Hawaii International Conference on System Sciences - 2011, Tue, 15 Feb 2011.As government agencies increasingly collaborate with international counterparts on critical global issues, transnational knowledge and information sharing grow in importance. This paper explores the nature of Transnational Knowledge Networks (TKNs) and identifies critical contextual factors that hinder or enhance their performance. We explore a set of contextual distances that separate the participating organizations and discuss their potential influence on the success of TKNs. The paper concludes with a conceptual framework and a set of testable hypotheses to guide the next phase of our research in …

Comment: Additional Barriers To Breaking The Silence: Issues To Consider When Representing A Victim Of Same-Sex Domestic Violence, Satoko Harada

University of Baltimore Law Forum

No abstract provided.

The Effects Of An Intensive Training And Feedback Program On Investigative Interviews Of Children, Heather L. Price, Kim P. Roberts

Psychology Faculty Publications

In the present study, we assessed the effectiveness of an extensive training and feedback program with investigative interviewers of child victims of alleged abuse and neglect in a large Canadian city. Twelve investigative interviewers participated in a joint training initiative that lasted eight months and involved classroom components and extensive weekly verbal and written feedback. Interviewers were significantly more likely to use open-ended prompts and elicited more information from children with open-ended prompts following training. These differences were especially prominent following a subsequent ‘refresher’ training session. No negative effects of training were observed. Clear evidence was found of the benefits …

A Media Campaign To Increase Awareness And Prevention Of Human Trafficking In Asia: Background Strategies And Outcome Evaluation Of The Mtv Exit Campaign, Prawit Thainiyom

Annual Interdisciplinary Conference on Human Trafficking: 3rd (2011)

In 2006, MTV and USAID launched, "MTV EXIT (End Exploitation and Trafficking)," a multi-media, multi-platform awareness and prevention campaign against human trafficking that has reached over 20 million people in 21 countries in the Asia Pacific. This paper describes the campaign background, design and message strategies and the outcome evaluation of the MTV EXIT documentaries, which were developed to build knowledge and influence attitude and behavior of the target audience on human trafficking. Both quantitative and qualitative research methods were employed for the outcome evaluation in six selected countries: China, India, Indonesia, Japan, Philippines and Thailand. Quantitative data was collected …

Correlates And Consequences Of Pre-Incarceration Gang Involvement Among Incarcerated Youthful Felons, Sean P. Varano, Beth M. Huebner, Timothy S. Bynum

Justice Studies Faculty Publications

Objective: The primary aim of the study is to document the prevalence and variation in types of pre-incarceration gang membership among a sample of incarcerated felons. The second goal is to consider if and how pre-incarceration gang involvement affects institutional behavior. Materials and Methods: This study builds on the existing literature by considering if and how different types of pre-incarceration gang involvement effect prison misconduct. This relationship is examined while controlling for attitudinal measures and pre-prison social characteristics that may condition entrance into gangs and involvement in serious prison misconduct. The study includes a sample of 504 youthful adults incarcerated …

Interoperability And Information Sharing, Sean P. Varano, Thomas J. Dover

Justice Studies Faculty Publications

Communication and information sharing are two of the most pressing issues facing the public safety community today. In previous chapters of this volume, authors have made note of the changing public safety landscape as it relates to the need for enhanced information and intelligence sharing among a broad cross-section of organizations. Public safety organizations, particularly law enforcement agencies, have been quick to adopt emerging technologies that have allowed for greater communication and information sharing capacities. While substantial improvements have been made over the decades that enhanced communication and information sharing, many challenges remain in the move to seamlessly integrated communication …

Communities As Allies, Joseph Schafer, Sean P. Varano, Nicholas Libby

Justice Studies Faculty Publications

A popular axiom attributed to British policing is the police are the public and the public are the police. Inherent in this term is a blurring of the distinction between the police and the public they serve; the police are cast as being little different from the citizenry and citizens are cast into a role of responsibility for the safety and well-being of the community. In effect, communities are framed as allies in the fight to ensure safe and secure neighborhoods. Across space and time this idea has held uneven sway within American policing ideologies. This essay considers the relationship …

Evaluating The Use Of Steady Burn Warning Lights On Drums For Workzone Safety, Prasad Nannapaneni

Wayne State University Dissertations

Abstract

EVALUATING THE USE OF

STEADY BURN WARNING LIGHTS ON DRUMS

FOR WORK ZONE SAFETY

by

PRASAD LAKSHMI VARA NANNAPANENI

May 2011

Advisor: Dr. Timothy Gates

Major: Civil Engineering

Degree: Doctor of Philosophy

Roadway maintenance and repair has become increasingly commonplace in the United States over the past several decades as our roadway infrastructure has continued to age and deteriorate. Maintenance and repair work on an existing roadway often presents the challenge of maintaining traffic on the existing roadway while work is being performed, thereby necessitating the use of what is commonly referred to as a roadway "work zone". One …

The Constitutionality Of Proposition 8, Richard A. Epstein

Articles

No abstract provided.

Randomization And The Fourth Amendment, Bernard E. Harcourt, Tracey L. Meares

Articles

Randomized checkpoint searches are generally taken to be the exact antithesis of reasonableness under the Fourth Amendment. In the eyes of most jurists checkpoint searches violate the central requirement of valid Fourth Amendment searches-namely, individualized suspicion. We disagree. In this Article, we contend that randomized searches should serve as the very lodestar of a reasonable search. The notion of "individualized" suspicion is misleading; most suspicion in the modem policing context is group based and not individual specific. Randomized searches by definition are accompanied by a certain level of suspicion. The constitutional issue, we maintain, should not turn on the question …

Building A Child Welfare Response To Child Trafficking Handbook (2011), Katherine Kaufka Walts Jd, Shelby French Msw, Msc, Heather Moore Msw, Sehla Ashai Jd

Center for the Human Rights of Children

In 2007, the International Organization for Adolescents (IOFA), under the leadership of Katherine Kaufka Walts the then Executive Director, developed and launched the Building Child Welfare Response to Child Trafficking project. The purpose of this project is to build the capacity of child welfare agencies and service providers to identify and respond to this often invisible and underserved population. The primary goals are to ensure that children are correctly identified as trafficked persons and that they receive the appropriate protections and referrals to specialized services to which they are entitled under federal and state laws. This project, supported by funding …

Concerning Integrated System-Of-Care Family Advocacy Programs For Mental Health Juvenile Justice Populations., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Annual Juvenile Recidivism Report, Becky Noréus

Justice Policy

Executive Summary:

The Maine Department of Corrections (MDOC) Division of Juvenile Services (DJS) contracts with the Muskie School of Public Service in a state-university partnership to analyze juvenile recidivism rates. DJS measures juvenile justice outcomes to guide policy and program development geared toward recidivism reduction. Reduction of youth recidivism in Maine increases public safety.

Recidivism in this report is defined as a re-adjudication (juvenile) or conviction (adult) for an offense committed by a youth in Maine within three years of his or her first adjudication. This report measures DJS impact on youth who have been adjudicated and placed under supervision …

A Cross-National Examination Of Body Image And Media Exposure Comparisons Between Jordanian And American Women, Kaitlyn Baptista

Undergraduate Review

Body image, defined by Cash and Pruzinsky (2002), as “the multifaceted psychological experience of embodiment,” is a combination of attitudes, thoughts, emotions, and behaviors regarding one’s body. Of particular interest to this study are the concepts of evaluation of appearance and investment in appearance. Appearance evaluation refers to one’s feelings of how attractive they consider their body to be, and how satisfied they are with their believed level of attractiveness (Cash, 2000). Appearance orientation refers to how much importance an individual places on attractiveness and how invested that individual is in appearance, often measured by grooming behaviors (Cash, 2000). Body …

Correcting Myopia In Domestic Violence Advocacy: Moving Forward In Lawyering And Law School Clinics, Camille Carey

Faculty Scholarship

Lawyers and law school clinics have become myopic in their approach to civil domestic violence lawyering. This article argues that domestic violence lawyering should expand beyond its current focus on family law to move domestic violence law and practice forward. Drawing on theoretical frameworks from criminal law and feminist legal theory, this article proposes a lawyering model that expands individual representation across a wide spectrum of case types while also challenging systems that enable battering or do not support victims in their efforts to secure safety. Holistic representation in family law, public benefits, immigration, housing, mortgage foreclosure, tort, and financial …

2011 Program, Belmont University

Humanities Symposium Programs

No abstract provided.

Demographic And Offense-Related Variables In Pennsylvania Court-Ordered Placements For Juveniles, Kristen N. Asplin, Diane T. Marsh, Adeline Beighley

Contemporary Issues in Juvenile Justice

When making placement decisions for juvenile offenders, court officers often consider the types of charges listed against them. We examined the pattern of offenses charged to residents of 7 types of placements in 1 county in Pennsylvania over a period of 2 years. Consistent, predictable patterns were found across placements, with more restrictive placements assigned to juveniles with more severe offenses, although there remained a considerable degree of variation in offenses represented in each placement type. The pattern of placements was different between genders as well, with female offenders being placed in less restrictive care even more often than their …

Self-Determination Theory And Juvenile Delinquency: A Validation Of A Combined Theory For Understanding Youth In Conflict With The Law, Sibley Y. Hawkins, Forrest A. Novy

Contemporary Issues in Juvenile Justice

In this study, we propose an expanded theory of delinquency that integrates social learning, control, and motivationally based explanations of human behavior. We posit that delinquency occurs partly due to attempts to fulfill 3 developmentally necessary psychological needs; auton-omy, competence, and relatedness. Melding elements of 3 theories (Social Control Theory [Hirschi, 1972], General Crime Theory [Gottfredson & Hirschi, 1990], and Self Determination Theory [Deci & Ryan, 1985, 2000a, 2008]), provides a better understanding of the precursors to delinquency and possible approaches to mitigating their impact. The study examines: (a) the extent to which the 3 basic psychological needs (competence, …

Concerning The Petition Process For The Sealing Of Certain Drug Offense Records., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Student Handbook 2011-12, Dmacc

Student Handbooks

No abstract provided.

Editor’S Statement, David Polizzi

Journal of Theoretical and Philosophical Criminology

No abstract provided.

Justice-Rendering Schemas: A Typology For Forms Of Justice And A Prolegomenon For Transformative Justice, Dragan Milovanovic

Journal of Theoretical and Philosophical Criminology

No abstract provided.

Filling In The Gaps In Culture-Based Theories Of Organizational Crime, Adam Trahan

Journal of Theoretical and Philosophical Criminology

No abstract provided.

Inmate Mental Health, Solitary Confinement, And Cruel And Unusual Punishment: A Preliminary Response To Commentators, Heather Y. Bersot

Journal of Theoretical and Philosophical Criminology

No abstract provided.

Book Review: "Black Bodies, White Gazes: The Continuing Significance Of Race" (George Yancy), David Polizzi

Journal of Theoretical and Philosophical Criminology

No abstract provided.

Book Review: "Been A Heavy Life: Stories Of Violent Men" (Lois Presser), Laura King

Journal of Theoretical and Philosophical Criminology

No abstract provided.