Digital Commons Network^™

Assessing The African Union Concerns About Article 16 Of The Rome State Of The International Criminal Court, Charles Chernor Jalloh, Dapo Akande, Max Du Plessis

Faculty Publications

This article assesses the African Union’s (AU) concerns about Article 16 of the Rome Statute of the International Criminal Court (ICC). It seeks to articulate a clearer picture of the law and politics of deferrals within the context of the AU’s repeated calls to the United Nations Security Council (UNSC, or the Council) to invoke Article 16 to suspend the processes initiated by the ICC against President Omar Al Bashir of Sudan. The UNSC’s failure to accede to the AU request led African States to formally withhold cooperation from the ICC in respect to the arrest and surrender of the …

An Overview Of The Capital Jury Project For Military Practitioners: Aggravation, Mitigation, And Admission Defenses, Eric R. Carpenter

Faculty Publications

No abstract provided.

Commitment Beyond Morality: American Complicity In The Massacre At El Mozote, El Salvador, 1981, Dustin Hill

Online Theses and Dissertations

In order to highlight the complicity of the American government, this thesis will discuss in depth the most important massacre perpetrated by the Salvadoran military. While the American government maintained publicly that respect for human rights was one of the main goals of its mission in El Salvador, the six billion dollars of aid and American actions in the region belied another reality. This examination argues that it is clear that the massacre at El Mozote in late 1981 was the direct result of U.S. foreign policy initiatives. Although the Americans kept themselves insulated to provide for plausible deniability, the …

An Exploration Of The Calls Received By The Kentucky Council On Problem Gambling Help Hotline, Carleigh Jones

Online Theses and Dissertations

Studies that focus on crisis hotlines are abundant, however very few deal with the subject of gambling. The literature reviewed examines gambling as an addiction and the general existence of hotlines. This study examines the use of the hotline provided by the Kentucky Council on Problem Gambling (KYCPG) in a dichotomous breakdown of gender. There are some significant differences between males and females, particularly regarding criminal behavior in the effort to recoup gambling losses or to continue gambling. An additional breakdown of seasonal and regional call logs further analyzes the use of the KYCPG hotline.

A Call To Arms: The Militarization Of Natural Disasters In The United States, Ashley Katherine Farmer

Online Theses and Dissertations

Natural disasters are an expected and uncontrolled part of history, and will continue and possibly worsen in the future. The humanitarian focus that has characterized disaster response throughout the years is changing, as is the way the federal government responds to large-scale natural disasters. In recent years, the primary concern in responding to these catastrophes has shifted from the well-being of citizens to the security and safety of the area impacted. Security and crime have become a main focus, with the military increasingly gaining a more prominent role in relief efforts. This thesis will provide evidence that the militarization of …

Factors In Juvenile Court Dispositions: Case Study Of A Rural Juvenile Court, Kevin Lee Kirk

Online Theses and Dissertations

The primary question of importance in this current study is what factors affect judges' dispositional rulings in a small rural Central Kentucky county. In order to evaluate these factors, this study involved a two stage process. The quantitative data were gathered from 120 Department of Juvenile Justice (DJJ) files dating back to 1999 that were processed through the study site small county court. The qualitative data were gathered through a series of structured interviews with court personnel. This current study provides descriptive statistics of the study cases that have been adjudicated delinquent with respect to their legal and extralegal characteristics, …

Transnational Crime In A Global Community: The Case Of West Africa, Holly Joanna Sims

Online Theses and Dissertations

This research project is an examination of the organization and behavior of criminal group activity in the region of West Africa. An assessment of the size, structure, and type of criminal enterprises crime groups are involved in are investigated. It is also uncovered if and how groups make use of corruption, the legit economy, and influence politicians. The environment in which transnational crime is able to thrive is also of great interest as the social, political, economic, and technological changes that occurred alongside the sudden trend in transnational crime activity are considered. The information is used to generate a discussion …

Zapped: A Typology Of Use And Misuse Of The Taser, Lindsey L. Upton

Online Theses and Dissertations

Police use of TASER force is currently a hot topic of controversy in the intersections of society and the criminal justice system. Proponents, including manufacturers and law enforcement, value the TASER as a less than lethal alternative to deadly force; providing increased safety for officers as an aid to maintain distance between potentially threatening suspect(s) and officer(s) while preserving the life and well being of suspects in such encounters. Civil and human rights advocacies argue the TASER to be associated with many deaths, serious injury and abuse of power by law enforcement. Those who lean more toward the opposition of …

Sexting As Moral Panic: An Exploratory Study Into The Media's Construction Of Sexting, Brandon Scott Marker

Online Theses and Dissertations

This paper presents a study of sexting as a socially constructed moral panic. Central to a social construction of moral panic perspective is the role the media plays in creating the panic. The purpose of this exploratory study was to make sense of the phenomenon of sexting by analyzing media reports for indication that sexting was constructed by the media as a moral panic. A content analysis was conducted on media reports for three concepts: Theme Setting, Sensational Stories, and Policy Changes. I conclude that sexting is constructed as a moral panic by the media.

Variables Affecting Crime Rate, Jaime Zeigler

Honors Program Theses

The Federal Bureau of Investigation releases data about crime statistics. They publish the raw data and provide factors that influence the crime rate. They provide the general public with a few variables that they deemed most influential, but do not provide the statistical analysis to support. After performing a statistical analysis, I support or disprove their claims. Another way to question the validity of regression is comparing the current regression to a previous regression performed two years ago by myself with the same variables from the same source. An additional aspect that this paper explores the history of factors affecting …

Localism And Capital Punishment, Stephen F. Smith

Journal Articles

Professor Adam Gershowitz presents an interesting proposal to transfer from localities to states the power to enforce the death penalty. In his view, state-level enforcement would result in a more rationally applied death penalty because states would be much more likely to make capital charging decisions based on desert, without the distorting influence of the severe resource constraints applicable to all but the wealthiest of localities. As well conceived as Professor Gershowitz’s proposal is, however, I remain skeptical that statewide enforcement of the death penalty would be preferable to continued local enforcement. First, Professor Gershowitz underestimates the benefits of localism …

Rule 801(D)'S Oxymoronic 'Not Hearsay' Classification: The Untold Backstory And A Suggested Amendment, Sam Stonefield

Faculty Scholarship

This Article examines Rule 801(d)’s oxymoronic treatment of admissions and prior statements as “not hearsay.” This “not hearsay” label is inaccurate – the evidence is hearsay, as defined in Rule 801(c) – and is inconsistent with the analytically important and well-established use of the term not hearsay to describe evidence that is actually not hearsay.

The Article tells the story of how the drafters of the Federal Rules of Evidence ended up with such a confused and confusing label and proposes an amendment that would classify admissions and prior statements as hearsay exceptions and place each in a new, separate, …

Blind Dates: When Should The Statute Of Limitations Begin To Run On A Method-Of-Execution Challenge?, Ty Alper

Duke Law Journal

This Article is the first to take a comprehensive look at the issue of statute-of-limitations accrual in method-of-execution cases. In other words, when does the clock start ticking on a death row inmate's right to challenge the way in which the state intends to execute him? Most circuit courts have held that method-of-execution challenges accrue at the completion of the direct appeal process. This means that death row inmates in these jurisdictions must file method-of-execution challenges years, and sometimes even decades, before an actual execution is scheduled. Although this approach has been the subject of much criticism, even the dissenting …

Rationing Justice By Rationing Lawyers, Peter A. Joy

Scholarship@WashULaw

The number of lawyers in the United States continues to increase, but low and middle-income persons still find it difficult, if not impossible, to afford legal assistance. National and state surveys reveal that more than 80 percent of the civil legal needs of the poor go unmet, as do a majority of the needs of middle-income persons. Legal representation can often dramatically increase a person’s ability to win at trial or to negotiate a favorable outcome, and the lack of access to lawyers effectively closes the courthouse doors for millions. This Article focuses on the crisis in Missouri's public defender …

Is The "Post" In Post-Racial The "Blind" In Colorblind?, Ian F. Haney López

Cardozo Law Review

No abstract provided.

The Psychological Foundations Of Behavioral Law And Economics, Jeffrey J. Rachlinski

Cornell Law Faculty Publications

Over the past decade, psychological research has enjoyed a rapidly expanding influence on legal scholarship. This expansion has established a new field—“Behavioral Law and Economics” (BLE). BLE’s principal insight is that human behavior commonly deviates from the predictions of rational choice theory in the marketplace, the election booth, and the courtroom. Because these deviations are predictable, and often harmful, legal rules can be crafted to reduce their undesirable influence. Ironically, BLE seldom recognizes that its intellectual origins lie with psychology more so than economics. This failure leaves BLE open to criticisms that can be answered only by embracing the underlying …

Racial Epithets In The Criminal Process, Sheri Lynn Johnson, John H. Blume, Patrick M. Wilson

Cornell Law Faculty Publications

The evidence of modern bias is often difficult to document and, even when documented, still capable of racially neutral interpretations. In contrast, the use of racial epithets is neither subtle nor ambiguous. Prior to the research that generated this article and our representation of two clients whose cases involved racial epithets, we would have assumed that the use of a racial epithet by a decision-maker in a criminal trial would be rare, but that assumption turns out to be wrong. We also would have assumed that the use of an epithet by any of the decision makers would lead to …

Drawing The Line At Pushing "Play": Barring Video Montages As Victim Impact Evidence At Capital Sentencing Trials, Alicia N. Harden

Kentucky Law Journal

No abstract provided.

Cost Conscious Justice: The Case For Wholly-Informed Discretionary Sentencing In Kentucky, Emily M. Grant

Kentucky Law Journal

No abstract provided.

Promoting Democracy In Prosecution, Russell M. Gold

Articles

No abstract provided.

“At Night, I Cross Behind The Enemy Lines”: Reaching The Negotiating Table In The Age Of Fast Communication, Cesar Rebellon

The University Dialogue

No abstract provided.

Discretion Without Choice: Sexual Offender Legislation And Judicial Discretion, Jonathan C. Varhola

Browse all Theses and Dissertations

In a historically recent development, sex offenders have arguably become a focal point of attention in discourses surrounding sexuality, childhood, and crime. Much research has been accomplished regarding the treatment and recidivism of such offenders, as well as consequences of sex offender legislation and policy initiatives. However, little research has been done regarding specifically the discretion of criminal justice agency professionals involved in the day-to-day handling of these types of cases. This study focused on the effects of such policies on judicial discretion, as measured by sentencing outcomes. Data was collected from publicly available internet sexual offender registries and county …

Creating An Effective Corporate Compliance Plan: Part Ii, Pamela Bucy Pierson, Anthony A. Joseph

Articles

No abstract provided.

The Wretched Of The Earth, Richard Delgado

Articles

In the following essay part of a symposium on criminal punishment and social deprivation Richard Delgado revisits a subject he addressed 25 years ago in a classic article on the rotten social background defense He ponders why this defense has found only a slight foothold in the law of criminal defenses and asks what this failure means about our basic social commitments

A New Praxis : Exploring Class-Based Microaggressions And The Application Of Relational-Cultural Theory And Liberation Psychology In Social Work Practice And Research, Lynn Hutton, Lynn Elizabeth Hutton

Theses, Dissertations, and Projects

This theoretical thesis was undertaken to explore and describe the field of microaggression research, bring attention to the existence of class-based microaggressions, and consider contemporary theoretical approaches to research and practice that could be applied to the field of social work in the context of class-based oppression. Relational-cultural theory and liberation psychology were examined for their relevance to social work's role in addressing classbased microaggressions in practice and research. Literature was reviewed in areas related to racial and ethnic microaggressions, gender microaggressions, sexual orientation microaggressions, class-based microaggressions, and the theoretical frameworks of relationalcultural theory and liberation psychology. Through exploring these …

Gender Violence And Work In The United States And South America: The Parallel Processes Of Legal And Cultural Change, Julie Goldscheid

American University Journal of Gender, Social Policy & the Law

No abstract provided.

“Custody” In Custody: Redefining Miranda Rights In Prison , Maya Dominguez

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Balance Of Silence: Weighing The Right To Remain Silent Against The Right Of Access To Florida Civil Courts, Matthew C. Lucas

University of Florida Journal of Law & Public Policy

No abstract provided.

Killing The Messenger: The Intersection Between Sex Trafficking, Planned Parenthood & The Marginalization Of Youth Victims, Sarah Primrose

University of Florida Journal of Law & Public Policy

No abstract provided.

Spiritual Redemption In A World Of Crime: Carolina Garcia-Aguilera And Barbara Parker, M B. Mclatchey

The Marjorie Kinnan Rawlings Journal of Florida Literature

No abstract provided.