Digital Commons Network^™

Disentangling Administrative Searches, Eve Brensike Primus

Articles

Everyone who has been screened at an international border, scanned by an airport metal detector, or drug tested for public employment has been subjected to an administrative search. Since September 11th, the government has increasingly invoked the administrative search exception to justify more checkpoints, unprecedented subway searches, and extensive wiretaps. As science and technology advance, the frequency and scope of administrative searches will only expand. Formulating the boundaries and requirements of administrative search doctrine is therefore a matter of great importance. Yet the rules governing administrative searches are notoriously unclear. This Article seeks to refocus attention on administrative searches and …

International Human Rights, A "Foolproof" Death Penalty Act, And The Politics Of Capital Punishment, Russell G. Murphy

Suffolk University Law School Faculty Works

A majority of American states recognize the death penalty as a lawful and constitutional sentence for the most serious crimes committed by the most dangerous and blameworthy criminals. However, in recent years, numerous flaws in capital punishment systems have caused courts in the United States to reverse death sentences. Over one hundred death row inmates have been exonerated and released from prison. These same problems – racial bias, untrustworthy evidence, police and prosecutor misconduct, jury malfunctioning – have been joined with more philosophical notions of the limits of government and respect for human dignity to make capital punishment a human …

Towards An Understanding Of Litigation As Expression: Lessons From Guantánamo, Kathryn A. Sabbeth

Faculty Publications

No abstract provided.

Methamphetamine In Illinois: A Look At The Trends And Law Enforcement Response, Bradley J. Akers

Research Papers

No abstract provided.

Proving Prejudice, Post-Padilla, Jenny Roberts

Hofstra Law Faculty Scholarship

No abstract provided.

Debra Brown V. State Of Utah : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Reply Brief of Appellant & Brief of Cross-Appellee

Female Drug Offenders Reflect On Their Experiences With A County Drug Court Program, James C. Roberts, Loreen Wolfer

The Qualitative Report

This paper examines the experiences of a group of female drug offenders who successfully completed a county drug court program in northeast Pennsylvania. Using the constant comparative method, we analyzed interviews with these women for thematic patterns in order to provide an evaluation of this program based on participants' subjective perceptions of its strengths and weaknesses. While other drug court evaluations identify rewards for good behavior and compassionate program staff as important contributing factors to participants' success, women in this study credited their recovery and successful completion of the program primarily to fear of punishment and program structure. Our analysis …

Accounting For The Troubled Starlet: Medicalization And Femininity In The Age Of News Punditry, Mallary B. Allen

Research Papers

This article examines contributions of television news media to the dominant cultural dialogue regarding young women’s deviance as demonstrated by pundit commentary concerning the criminal behavior of young female celebrities.  Using a case study of actress Lindsay Lohan, I examine the accounts that pundits offer for the deviance of these young women and whether medical and psychological explanations enter discourse in a significant way.  Additionally, I examine the extent to which feminine mental health issues contribute to the creation of a cultural stock character evocative of tragic, female literary archetypes.  I find that mental and psychological health dialogue is pervasive …

A Comprehensive Analysis Of The Drug-Crime Relationship, Michael A. Powell

Research Papers

No abstract provided.

Ethics In Criminal Advocacy, Ellen Yaroshefsky, Peter A. Joy

Hofstra Law Faculty Scholarship

No abstract provided.

Prosecutorial Disclosure Obligations, Ellen Yaroshefsky

Hofstra Law Faculty Scholarship

No abstract provided.

Rethinking The Fourth Amendment: Race, Citizenship & The Equality Principle, I. Bennett Capers

Hofstra Law Faculty Scholarship

Notwithstanding claims that the election of President Barack Obama signals a post-racial epoch, one does not have to look far for evidence that race still matters. It is particularly evident in how we police, which remains very much racially inflected. Even when racial animus is absent, there often persists the perception that racial bias is present, even inevitable, as the recent firestorm over the arrest of Harvard Professor Henry Louis Gates attests to. Scholars such as Randall Kennedy have long argued that disparate treatment by police amounts to the imposition of a “racial tax.” But this comparison, while descriptively apt, …

Hearing The Cries: Conversations With Luther And The Bishop, Jonathan Rothchild

Theological Studies Faculty Works

No abstract provided.

Characteristics Of Juveniles Charged With Domestic Violence In The Jefferson County Family Court And The Effect Of Prior Domestic Violence Conviction On Case Disposition., Omobolanle Atinuke Ene-Korubo

All ETDs from UAB

Juvenile violence has received considerable attention both in criminological literature and policy circles, but this attention has largely ignored juvenile domestic violence offending, which is a growing problem in the Jefferson County Family Court. This study identifies the characteristics of juvenile domestic offenders in the Jefferson County Family Court, and examines the effect of prior domestic violence conviction on case disposition. Results indicate that these juveniles are black, males, inschool and the most likely victim of the violence is the juveniles mother. Prior domestic violence offending has no statistically significant effect on case disposition.

Violating The Code: Inmates' Justifications For Failing To Uphold The Code, Anastasia Gwyn Brown

All ETDs from UAB

Many theories have been created in hope of explaining why people deviate from societal norms to commit crimes. However, Elijah Anderson's Code of the Streets has recently grown in popularity as an explanation for street crime that construes criminal behavior more adequately than previous theories. Recent empirical evidence of researchers such as Anderson suggests the existence of an insidious street culture whose members identify themselves not with conventional norms, but instead with the standards of the street culture. To violate this street code would be to jeopardize self esteem and risk ostracism, further victimization, and often physical safety. However, people …

Alcoholic Women In Recovery: A Phenomenological Inquiry Of Spirituality And Recidivism Prevention, Jennifer Irene Mcleod

All ETDs from UAB

In the United States, 7-12% of women compared to 20% of men, abuse alcohol, yet the social and medical consequences impact women much harder and faster than men. Women aggrieved by alcoholism have unique health and social consequences which are not well understood because women have been marginalized in studies of alcoholism. Little is known about the nature of the lived experience of the recovery process in women who have achieved a stable recovery and prevented recidivism. The aim of this study was to describe the lived experiences of alcoholic women in a stable recovery, defined as sustained abstinence for …

Social Connectedness And Its Association With Violence Commission In Adolescents Living In Low-Income Inner-City Neighborhoods, Thomas Norton Creger

All ETDs from UAB

ABSTRACT For nearly two decades, violence has been viewed as a major public health issue. According to the Centers for Disease Control and Prevention, 4,141 young people between the ages of 10 and 19 were murdered in 2008, and over 480,238 young people were treated for violence-related injuries in U.S. emergency rooms that same year. That translates to an average of 11 young people murdered each day, and a daily average of 1,315 young people who sustained violence-related injuries so severe that they required treatment at a hospital. The purpose of this study was to test a multilevel model linking …

Rethinking The Indefinite Detention Of Sex Offenders, Fredrick E. Vars

Articles

Thousands of sex offenders in the United States are being held indefinitely under civil commitment programs The analysis in this Article suggests that none or precious few belong there Specifically in a large dataset an instrument as good as the one most widely used by experts the "Static99" could not identify even one sex offender who met the legal standards for commitment Supplementing such instruments with additional information appears not to improve matters so the failure of the instrument is profoundly disturbingThere are three possible responses 1 improve instruments to meet existing standards 2 lower the standards and 3 abandon …

The Jury's Second Coming, Jenny E. Carroll

Articles

This article explores the controversial issue of jury nullification by reconceptualizing nullification through the lens of the Supreme Court's recent decisions beginning with Apprendi v New Jersey Apprendi's embrace of the jury's historical powers "” require a rejection of the formalized and static paradigm in favor of a more fluid vision of the law Despite extensive scholarship surrounding Apprendi an innovative though admittedly counterintuitive reading of the case line has been overlooked This reading draws on Apprendi's embrace of a vision of the law constructed and completed through jury interpretation and verdict Interpreted in this way the Apprendi case line …

Tarnished Golden Years: Older Offenders With Mental Health Problems And Late Life First Time Offenders, Brianne Stanback

USF Tampa Graduate Theses and Dissertations

Older offenders (offenders 50 years and older) are a distinct groups within the U.S. correctional system. Studies 1 and 2 were intended to investigate mental health and stressors among jailed older offenders.

Study 1 examined the prevalence rates of mental health disorders and explored the relationship between mental health disorders and stressors. Participants 50 years and older (N=330) from the 2002 wave of the Survey of Inmates in Local Jails (SILJ) were studied via descriptive analysis, factor analysis, and a logistic regression to determine which variables were related to the probability of having a mental health problem. 65.8% of participants …

Delayed-Bang Approach Towards More Sustainable Critical Infrastructure Risk Management, C. Ariel Pinto, Michael K. Mcshane, Abhishek S. Pathak

Finance Faculty Publications

This article describes the Delayed Bang Approach for determining the value of risk management alternatives in critical infrastructure security. The discussion includes (1) the need for sustainable risk management (2) the importance of time valuation in evaluating competing loss prevention and loss reduction alternatives, (3) the convergence of deterministic engineering economics, survivability analysis, and probabilistic analysis, and (4) hypothetical examples of the Delayed-Bang Approach and significance towards more sustainable risk management.

Best Practices For Hiring And Retaining A Diverse Law Faculty, Kellye Y, Testy

Articles

As with all institutions, the history, character, identity, and accomplishments of each law school are the direct result of its people and their acts. For that simple reason, diversity is critical; it goes to the very core of what the institution is and what it does. With legal institutions, in particular, diversity plays a critical role in shaping the perception of the institution held by persons outside of it. In order for our system of law to function as the bedrock of our democratic society that it aims to be, legal institutions must be perceived as fair and just. If …

Revising Harmless Error: Making Innocence Relevant To Direct Appeals, Helen A. Anderson

Articles

In most jurisdictions, convicted defendants have the right to an appeal at public expense, and to the assistance of counsel with that appeal. But the direct appeal is almost never concerned with actual innocence. On direct appeal, courts will look at claims of trial error, and evaluate those claims and their "harmlessness" based only on the trial record. Thus, the chances of a reversal on direct appeal bear no relation to the chances that the wrong person has been convicted.

While the current appeal system may encourage proper trial procedures, it does not provide a check against wrongful conviction. The …

Defenseless Children: Achieving Competent Representation For Children In Abuse And Neglect Proceedings Through Statutory Reform In South Dakota, Kasey L. Wassenaar

South Dakota Law Review

No abstract provided.

And Then It Clicked, Tanya Marie Robertson

Open Access Theses & Dissertations

And Then It Clicked is a crime fiction novel about an African-American female detective from Louisville, Kentucky who accepts a case centered on the issue of domestic violence. It tells the story of an abused woman murdered in her home. Her husband, initially suspected of the crime, has an air-tight alibi and the family asks Adrienne, the detective, to find out who killed her and why. Adrienne has had past experiences with domestic violence and the new case causes her trauma to resurface.

Studying Rape Through A Theorectical Lens: The Development Of A Serial Rape Model Using Fbi Data, Brooke Smith

Open Access Theses & Dissertations

The current study assessed whether there is an empirical foundation for different theories of rape including the feminist, evolutionary, social disorganization, psychopathy, and rapist type theories. Using a data set from the Federal Bureau of Investigation (FBI) on serial rapists collected in the early 1990's, the study included two phases. The first phase assessed whether FBI data supported the previously mentioned theories of rape by analyzing associations between individual variables that are thought to support each theory. Support was demonstrated for the evolutionary and psychopathy theories. Using MPlus statistical software to accommodate the multi-level nature of the data, the second …

Predictors Of Recidivism In A Predominantly Hispanic Sample Of First-Time Juvenile Offenders, Yvette Valenzuela

Open Access Theses & Dissertations

Prior studies have identified risk factors that predict recidivism among serious and chronic juvenile offenders. The current study was conducted to identify risk factors in a related but much larger group -- first time juvenile offenders. The aim was to develop a risk assessment tool that could identify (a) high-risk juveniles when they are first referred to the juvenile justice system, so that they can be targeted for intervention, and (b) low-risk juveniles who probably do not need intervention. Participants in the study were 321 first-time juvenile offenders at the El Paso Juvenile Probation Department (EPJPD). Eighty-nine percent of the …

Deterring Serious And Chronic Offenders, Thomas A. Loughran, Alex R. Piquero, Jeffrey A. Fagan, Edward P. Mulvey

Faculty Scholarship

This chapter examines ways of deterring serious and chronic offenders based on evidence from the Pathways to Desistance Study, which addresses the issue of perceptions of deterrence and looks into the mechanisms of deterrence for serious offenders. After a brief overview of the Pathways study, the chapter reviews empirical evidence that demonstrates the rationality of high-risk adolescents regarding involvement in crime. It argues that offenders take into account rational-choice perceptions in their offending decisions and goes on to discuss the elasticity and malleability of these perceptions, and whether adolescent offenders act differently when they change risk and cost perceptions. It …

Employment Restrictions For Individuals With Felon Status And Racial Inequality In The Labor Market, Darren Wheelock, Christopher Uggen, Heather R. Hlavka

Social and Cultural Sciences Faculty Research and Publications

No abstract provided.

Saving Haiti's Children From Hell, W. Harren H. Binford

Intercultural Human Rights Law Review

Haiti's devastating earthquake in January 2010 left thousands of children orphaned and tens of thousands separated from their families. Following the earthquake, foreign militaries, nongovernmental agencies, humanitarian aid workers, missionaries, and volunteers descended en masse on the poorest country in the Western Hemisphere to help the victims, especially children, in the midst of the disaster. Unfortunately, some of those who came to help Haiti's children showed little regard for the domestic and international legal protections in place to protect child victims of disaster. As a result, these individuals, organizations, and governments added additional layers of chaos and alienation to these …