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Disciplinary Outcomes By Race And Gender In Schools Implementing Positive Behavior Support: Does Fidelity Of Implementation Reduce Disproportionality?, Therese Sandomierski

USF Tampa Graduate Theses and Dissertations

Disparities in behavioral outcomes for minority students are a decades-old problem. Recently, the systems-level approach of school-wide positive behavior support (SW-PBS) and its growing research base have garnered attention as a possible remedy. Although SW-PBS has been shown to be effective in reducing a school's overall level of office discipline referrals (ODRs) and suspensions (OSS), and its success has been replicated in schools with large populations of minority students, effective outcomes across all groups of students within a school are not guaranteed. Some reports document increases in the magnitude of disproportionality even when ODRs and OSS decrease for the school …

Beyond Chalk And Talk: The Law Classroom Of The Future, Oren R. Griffin, Karen J. Sneddon

Articles, Chapters in Books and Other Contributions to Scholarly Works

Law schools are rethinking the traditional Langdellian classroom as they construct the law classroom of the future. Although the reform of legal education has long been heralded, law schools are now on the cusp of actual change. Carnegie's Educating Lawyers and the Clinical Legal Education Association's Best Practices for Legal Education are promoting a rethinking of the law classroom. Also encouraging the examination of legal education are changes in the incoming student population, such as the influx of students from the Millennial Generation; technological innovations; and shifting realities and economics of law practice, such as the increased focus on efficiency …

The Challenge And Dilemma Of Charting A Course To Constitutionally Protect The Severely Mentally Ill Capital Defendant From The Death Penalty, Lyn Entzeroth

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

The Black Poor, Black Elites, And America's Prisons, James Forman Jr.

Cardozo Law Review

No abstract provided.

Drug Courts Work, But How? Preliminary Development Of A Measure To Assess Drug Court Structure And Processes, Blake Barrett

USF Tampa Graduate Theses and Dissertations

The high prevalence of substance use disorders is well-documented among criminal offenders. Drug courts are specialty judicial programs designed to: 1) improve public safety outcomes; 2) reduce criminal recidivism and substance abuse among offenders with substance use disorders; and 3) better utilize scarce criminal justice and treatment resources. Drug courts operate through partnerships between the criminal justice, behavioral health and public health systems. Offenders participate in an intensive regimen of substance abuse treatment and case management while under close judicial supervision. Drug courts' effectiveness in reducing criminal recidivism and drug use has been documented through numerous primary studies as well …

Constitutional Rights In The Balance: Modern Exclusionary Rules And The Toleration Of Police Lawlessness In The Search For Truth, Stephen C. Thaman

All Faculty Scholarship

This article explores the tension in modern criminal procedure between the goal of ascertaining the material truth of the criminal charge and the respect for important human rights of criminal suspects during the investigation of the alleged criminal responsibility. It examines two major areas where police run the risk of violating and often do violate the constitutional rights of criminal suspects during interrogations and during invasions of privacy in the form of dwelling searches and interception of confidential communications. The approaches of modern democracies to this dilemma run from the strict exclusion of all direct and indirect evidence (fruits of …

Should Juries Give Reasons For Their Verdicts?: The Spanish Experience And The Implications Of The European Court Of Human Rights Decision In Taxquet V. Belgium, Stephen C. Thaman

All Faculty Scholarship

This article discusses the Belgian jury system and the decision in Taxquet v. Belgium and then explores to what extent a requirement of reasoned judgments will affect the survival of European juries. It focuses on Spain, where the jury is required to give reasons for its verdicts, and where a lively high-court jurisprudence has developed addressing the quality and sufficiency of jury reasons. This article suggests that it might be appropriate for jury courts in the United States to in some way justify their decision of guilt, in order to minimize the amount of completely innocent persons who have been …

'The Mess We’Re In': Five Steps Towards The Transformation Of Prison Cultures, Lynn S. Branham

All Faculty Scholarship

Few dispute that conditions in prisons need to be improved – that, for example, prisoners with mental-health problems need to have those problems addressed, and addressed effectively, while they are confined. But the more fundamental question is whether prisons can be, not just improved, but transformed. Transformation in this context means deep and sustained changes in the ethos of those who work and live in prisons. That ethos would reflect at least four precepts: (1) hope as an imperative; (2) the viability of renewal; (3) the catharsis that attends personal responsibility and accountability; and (4) the duty and call, extending …

Beyond Experience: Getting Retributive Justice Right, Dan Markel, Chad Flanders, David C. Gray

All Faculty Scholarship

How central should hedonic adaptation be to the establishment of sentencing policy?

In earlier work, Professors Bronsteen, Buccafusco, and Masur (BBM) drew some normative significance from the psychological studies of adaptability for punishment policy. In particular, they argued that retributivists and utilitarians alike are obliged on pain of inconsistency to take account of the fact that most prisoners, most of the time, adapt to imprisonment in fairly short order, and therefore suffer much less than most of us would expect. They also argued that ex-prisoners don't adapt well upon re-entry to society and that social planners should consider their post-release …