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Discerning What Can Be Learned From Seasoned Sentence Mitigation Practioners' Experiences Of The Accused And Their Family Members As Historians, Specifically In The Context Of Socio-Cultural Factors, In The Development Of Life History Presentation In Capital Defense Proceedings, Lisa Michele Kelly

Theses, Dissertations, and Projects

This qualitative study employed a study of thirteen participants, including social workers, who interview the accused and their family members in death penalty cases, to discern what could be learned from seasoned sentence mitigation practitioners' experience of defendants and their family members as historians. Those interviewed in sentence mitigation investigations are asked to discuss sensitive information while in the midst of a legal process surrounding a violent crime and rendering the accused and their family members extremely vulnerable. The information interviewees provide may have direct bearing on sentencing of the accused. In capital cases, defendants are highly unlikely to avoid …

Speeches: Transitional Justice, Peace, And Prevention: University Of Baltimore Law School October 26, 2010, Juan E. Méndez

University of Baltimore Law Review

No abstract provided.

Regulating The Science Of Forensic Evidence: A Broken System Requires A New Federal Agency, Jessica D. Gabel, Ashley D. Champion

Faculty Publications By Year

Professor Gabel and Ms. Champion agree with Mr. Goldstein's argument that serious validity and reliability problems plague forensic science, but, using the recent Troy Davis case in Georgia as an illustration, they argue for federal rather than state oversight. Gabel and Champion assert that many states lack the funding to construct an adequate system and that the fragmentation caused by different state systems would be a significant impediment to reform. They suggest a federal agency that, like the Environmental Protection Agency, would set minimum standards but allow states to experiment with enhanced regulation.

Localism And Capital Punishment, Stephen F. Smith

Vanderbilt Law Review

No abstract provided.

Temporary Insanity: The Strange Life And Times Of The Perfect Defense, Russell D. Covey

Faculty Publications By Year

The temporary insanity defense has a prominent place in the mythology of criminal law. Because it seems to permit factually guilty defendants to escape both punishment and institutionalization, some imagine it as the “perfect defense.” In fact, the defense has been invoked in a dizzying variety of contexts and, at times, has proven highly successful. Successful or not, the temporary insanity defense has always been accompanied by a storm of controversy, in part because it is often most successful in cases where the defendant’s basic claim is that honor, revenge, or tragic circumstance – not mental illness in its more …

Procedural Protection Of Constitutional Rights In Brazil, Keith S. Rosenn

Articles

Brazil has developed one of the most complex systems of judicial review in the world. In addition, it has developed a wide variety of constitutional actions for the purpose of protecting the huge number of constitutional rights conferred by its lengthy Constitution. In theory, constitutional rights can be protected in ordinary actions. Because ordinary actions typically take a great many years to resolve in Brazil, the framers of the 1988 Constitution, building on Brazil's prior constitutions and foreign models, constitutionalized a wide array of procedural devices to try to assure that the huge number of individual, social and economic rights …

I Got The Shotgun: Reflections On The Wire, Prosecutors, And Omar Little, Alafair Burke

Hofstra Law Faculty Scholarship

The Wire is a show about institutions, the people trapped inside of them, and a society made static by their inaction, indifference, and ineptitude. Whether the series was exploring the drug trade, police departments, city hall, unions, or public schools, the individual actors within those systems were depicted as having little control over either the institutions or their individual fates within them. As a result, the constituencies supposedly served by those institutions continually "got the shaft."

To say that The Wire is about the tolls of unmitigated capitalism and inflexible bureaucracies is not to say, however, that the show is …

Deciding When To Decide: How Appellate Procedure Distributes The Costs Of Legal Change, Aaron-Andrew P. Bruhl

Cornell Law Review

No abstract provided.

Confrontation Clause Violations As Structural Defects, David H. Kwasniewski

Cornell Law Review

No abstract provided.

In Defense Of Noncapital Habeas: A Response To Hoffmann And King, John H. Blume, Sheri Lynn Johnson, Keir M. Weyble

Cornell Law Review

No abstract provided.

Law And Society Jurisprudence, Daphna Hacker

Cornell Law Review

No abstract provided.

Widening Batson’S Net To Ensnare More Than The Unapologetically Bigoted Or Painfully Unimaginative Attorney, Jeffrey Bellin, Junichi P. Semitsu

Cornell Law Review

No abstract provided.

Double Jeopardy As A Limit On Punishment, Carissa Byrne Hessick, F. Andrew Hessick

Cornell Law Review

No abstract provided.

General Strain Theory And Juvenile Delinquency: A Cross-Cultural Study, Wen-Hsu Lin

USF Tampa Graduate Theses and Dissertations

General strain theory (GST) (Agnew, 1992, 2001, 2006a) is an established criminological theory. Although the theory has been examined by many and enjoys empirical support, some limitations of previous studies need to be addressed. First, previous studies have not incorporated all major types of strain in their models; hence, the effects of these strains on delinquency are unclear. Second, many previous studies did not include negative emotions and even negative emotions other than anger. Finally, and the most serious limitation, many previous studies rely heavily on samples from Western countries, mostly the U.S.; thus, possible cultural influences are ignored. Although …

Bulletin: General Catalog Issue 2011-2012, Portland State University

Bulletin & Curriculum Change Documents

No abstract provided.

Armed Off-Duty Police : Benefit Or Burden?, Theresa C. Tobin

Legacy Theses & Dissertations (2009 - 2024)

This study examines the NYPD's Carry Policy; a policy allowing officers to be armed while off duty and informally in place for over 100 years and officially sanctioned since the 1940s. It was altered for the first time in 1981 and this research has analyzed ten sources of data during two recent decades (1990-1994 and 2000-2004). This

The Role Of Androstane Neurosteroids In Alcohol-Mediated Social Behavior, Jason J. Paris

Legacy Theses & Dissertations (2009 - 2024)

Androgenic steroids, such as testosterone, may influence the propensity for aggression in both people and animals. Some of testosterone's effects on aggression may be due, in part, to its metabolic products that are 5á-reduced and 3á-hydroxylated to form, 3á-androstanediol (3á-diol), which can also enhance aggression in mice. Notably, alcohol (EtOH) consumption facilitates aggression in people and animals, particularly among those predisposed to act aggressively. In rats, EtOH can increase 3á-diol in prefrontal cortex, which may facilitate aggression. The present work aimed to elucidate the role of 3á-diol for EtOH-enhanced aggression. We hypothesized that EtOH would enhance inter-male aggression, social dominance, …

The Causes Of Risky Sexual Behavior Over The Adolescent-Young Adult Life Course And Its Consequences For Partner Relationships In Adulthood, Nicole Marie Schmidt

Legacy Theses & Dissertations (2009 - 2024)

This dissertation uses data from the Rochester Youth Development Study (RYDS) to examine the causes and consequences of risky sexual behavior from adolescence through young adulthood using a developmental perspective. Developmental theories suggest that antisocial behavior, especially persistent antisocial behavior, during adolescence can amplify the effects of early family, school, and peer factors by setting in motion a chain of cumulative disadvantages that increase the likelihood that one will experience negative outcomes in adulthood. Drawing on developmental theories of antisocial behavior, the causes and consequences of risky sexual behavior are examined. First, wave-specific measures of risky sexual behavior spanning six …

Comparing Collocated And Non-Collocated Licensed Substance Abuse Outpatient Clinics In New York State : A Program Level Analysis, Bradley R. White

Legacy Theses & Dissertations (2009 - 2024)

Objective. The study addresses two research aims: (1) to examine the extent to which caseload and program characteristics differ across substance abuse outpatient programs with respect to collocation with licensed mental health outpatient clinic programs and (2) to investigate the relationship between collocation and program level service outcomes.

Grading Participation In College Courses : Instructor Attitudes And Practices, Susan L. Rogers

Legacy Theses & Dissertations (2009 - 2024)

An exploratory study was launched to redress a gap in the literature that is expressed as an assumption that "most" college instructors grade participation in undergraduate courses. A sample of 521 instructors at a large, northeastern public university was surveyed to assess their attitudes and practices in grading participation in undergraduate courses of 50 students or less. A survey instrument was developed for the purpose of this study and subjected to principal components analysis, and this instrument yielded 7 subscales of acceptable reliability (Cronbach's alpha ≥ .70). Results suggest that the majority of instructors across disciplines incorporate a "participation" factor …

Adolescent Dating Experience And Delinquency, Ryang Hui Kim

Legacy Theses & Dissertations (2009 - 2024)

The research literature on adolescent development has discussed adolescent dating in relation to behavioral changes. However, very little discussion has been devoted to theoretical explanations of the intricacies involved in the relationship between the adolescent dating experience and the development of delinquent behavior. Consequently, there seems to be a lack of understanding as to how dating activities in adolescence influence delinquency, aside from a general consensus that adolescent dating tends to be related to deviant behavior.

Darwin's Other Idea : Sexual Selection, Gender And Violence, Robert Samuel Moschgat

Legacy Theses & Dissertations (2009 - 2024)

This dissertation provides an empirical exploration of Darwin's theory of sexual selection, which views the male propensity to engage in short term mating strategies--sexual promiscuity and violence--as the result of sexual selection. Within an environmental context, biological father and mother household presence are expected to inhibit the initiation of short-term mating strategies and increase parental investment--paternal and maternal attachments, supervision, and protection. Whereas, structural disadvantage--living in poverty and in dangerous neighborhoods--is predicted to increase the initiation of a short-term mating strategies and compromise the parents' ability to protect their children and by weakening paternal and maternal attachments, thereby increasing the …

Residence Restriction Legislation, Sex Crime Rates, And The Spatial Distribution Of Sex Offender Residences, Kelly M. Socia

Legacy Theses & Dissertations (2009 - 2024)

Residence restrictions are one of the most recent, and most controversial, public policies seeking to protect community members from registered sex offenders (RSOs) reentering society following incarceration. Residence restriction policies prohibit RSOs from living within a given distance of certain places where children might gather (e.g., schools, daycares, parks, and playgrounds). In doing so, the expectation is that RSOs will have a harder time finding and approaching young children whom they can sexually assault, thus driving sexual recidivism rates down. These policies, first passed in 1995 at the state level and in 2005 at the county and local level, have …

The Effect Of Cognitive Behavioral Therapy (Cbt) On Driving While Intoxicated Offenders, Thomas P. Quinn

Legacy Theses & Dissertations (2009 - 2024)

Social work research on evidence based practices in the area of driving while intoxicated could add to the development of reasoned policies essential to resource allocation. The purpose of this longitudinal study was to evaluate differences over time in DWI recidivism among defendants with multiple DWI offenses after receiving a Cognitive Behavioral Therapy (CBT) curriculum. A convenience sample of defendants on Probation supervision with histories of repeated DWI offenses (N = 286; m = 240, f = 46) were referred to the CBT program which was delivered by a clinical psychologist. Major findings included a significant difference at the .05 …

Advice To Rape Victims : The Influence Of Beliefs About Rape And Opinions About Formal Support Providers, Yumi Suzuki

Legacy Theses & Dissertations (2009 - 2024)

Despite the abundance of literature discussing rape, only a few studies examined others' influence on rape victims' decisions to seek further help as a remedy for recovering from violent victimizations. These studies showed that the majority of rape victims consulted friends or relatives and that rape victims in fact took this advice for their next action. However, there is a gap in our knowledge about the type and the frequency of advice given to rape victims. In order to add to the existing knowledge, this study examined the factors influencing friends' advice to (1) contact criminal justice professionals, (2) contact …

Carrying Weapons For Protection In The Workplace : Findings From The National Crime Victimization Survey, Workplace Risk Supplement, Matthew David Fetzer

Legacy Theses & Dissertations (2009 - 2024)

Decisions to carry weapons for protection in the workplace were examined in regard to relationships with collective security, routine work activities, fear and victimization. Using data from the National Crime Victimization Survey, logistic regression models were estimated on predictors of carrying firearms, knives, and pepper spray by workers in the US labor force. Results indicated that collective security, routine work activities, and prior victimization, and perceptions of risk had significant effects on decisions to carry weapons for protection. Gender-specific models were also estimated in order to determine how these factors differed for men and women. Men and women differed on …

Unstoppable? : A Closer Look At Terrorism Displacement, Henda Yao Hsu

Legacy Theses & Dissertations (2009 - 2024)

Since T.A Repetto first introduced crime displacement in 1976, situational crime prevention researchers have long been challenged by the assumption that displacement is an unavoidable consequence of focused crime prevention measures. Despite evidence that criminals do not inevitably shift their offending behavior in response to crime prevention initiatives, recent efforts to extend situational prevention to terrorism have been met with criticisms of displacement. This study examines whether terrorists displace their attacks by changing their methods once the opportunities to carry out acts of terrorism are blocked. To accomplish this, the author examines, through the use of the newly synthesized Global …

Report, Focused Report, Volume 1, 2011, Norine Noonan, Margaret Sullivan

SACS Documentation

The "Focused Report" created by the University of South Florida St. Petersburg for reaccreditation purposes by the Southern Association of Colleges and Schools' Commission on Colleges (SACSCOC). This is Volume 1 of 4 with an introduction and items identified by the off-site team.

The Value Of Human Life : An Individual-Level Determinant Of Violence, Maria Tcherni

Legacy Theses & Dissertations (2009 - 2024)

My contribution to the study of causes of violence in criminology is introducing a theoretical concept of the Value of Life (VL) and developing an empirical solution to measuring it. The value that an individual implicitly assigns to the human life - both his/her own life and other people's lives - is a theoretical concept that synthesizes information about precursors, correlates, and determinates of violence. The VL concept provides a meaningful way to explain some phenomena not commonly associated with violent behavior (for example, reckless behavior with regard to one's health), while also illuminating some puzzling associations consistently found in …

Prepared Keynote Remarks: Minimizing Youth Incarceration: A Civilizing Aspiration?, Bart Lubow

Northwestern Journal of Law & Social Policy

No abstract provided.