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Graham V. Florida: A Game-Changing Victory For Both Juveniles And Juvenile-Rights Advocates, Michelle Marquis

Loyola of Los Angeles Law Review

In Graham v. Florida, the U.S. Supreme Court ruled that the Constitution—specifically, the Cruel and Unusual Punishment Clause of the Eighth Amendment—prohibits the imposition of a life without parole sentence on a juvenile offender who did not commit a homicide. Graham marks a significant departure from the Supreme Court’s Eighth Amendment jurisprudence because it categorically bars life sentences for juveniles who are convicted of nonhomicide crimes based on juveniles’ unique amenability to rehabilitation, rather than on the nature of the punishment itself. While Graham’s central holding is ostensibly straightforward, the decision has generated more questions than answers. Courts …

Race And Death Sentencing In North Carolina, 1980-2007, Michael L. Radelet, Glenn L. Pierce

North Carolina Law Review

No abstract provided.

Child Support As Labor Regulation, Yiyoon Chung

The Journal of Sociology & Social Welfare

The development of child support policy over the past three decades provides an emblematic case study of the ways in which a new policy that reflects the rise of moral arguments about individual and family responsibility, once established, produces significant consequences for both the economic sphere and political dialogues. I use social control theory to examine a rarely appreciated consequence of child support policies: labor regulation. Particularly, I demonstrate the ways in which the discourse embedded in child support has exalted the importance of work even under the lowest terms, and has deflected public attention away from labor market issues.

Psci 526.50: Issues In State And Local Government, Jeffrey D. Greene

University of Montana Course Syllabi

No abstract provided.

Psci 471.01: American Constitutional Law, James J. Lopach

University of Montana Course Syllabi

No abstract provided.

Religiosity, Delinquency, And The Deterrent Effects Of Informal Sanctions, Andrew L. Spivak, Miyuki Fukushima, Margaret S. Kelley, Tiffany Sanford Jenson

Sociology & Criminology Faculty Publications

Past research in deterrence theory suggests that informal social sanctions intervene in the effect of religiosity on criminal and delinquent behavior, such that more religious individuals tend to perceive stronger informal sanctions (Grasmick, Bursik and Cochran 1991a; Grasmick, Kinsey and Cochran 1991b). This study examines the influence of religiosity and social deterrence on college students' delinquent behavior, as measured by anticipated violation of a university's alcohol policy. Data were collected through a survey of undergraduate students (n = 484) at a large South-Midwestern public university that instituted a campus alcohol ban. The survey took place three months after the ban …

Editor's Note

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Beginning To End Racial Profiling: Definitive Solutions To An Elusive Problem, Kami Chavis Simmons

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The Drug War And The Parable Of The Bad Samaritan, Joseph E. Kennedy

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

A Brave New World Of Stop And Frisk, Ron Bacigal

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

What’S New Is Old Again: Why Padilla V. Kentucky Applies Retroactively, Michael Hartley

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The Consequences Of Criminal Convictions For Misdemeanor Or Felony Offenses, David P. Baugh

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Looking Through The Eyes Of A Homeless Prisoner, Exploring Homeless Offender’S Perspectives On Their Transition From Custody To Community., Louise Rowlands

Dissertations

The research study provides a phenomenological approach to investigate individual’s experiences of their journey through homelessness and examining it within the concept of homeless identity. The study was concerned with exploring and acquiring a rich description on what is homeless offenders/prisoner’s perception of their transition from custody to the community and the pathways they endure. The study examined pathways into, through and out of homelessness through available literature and by conducting five interviews with individuals who are currently or have a history of homelessness and offending. Similarly the researcher sought to highlight and develop issues that drew individuals back into …

Where Do We Go From Here: Plea Colloquy Warnings And Immigration Consequences Post-Padilla, Vivian Chang

University of Michigan Journal of Law Reform

This Note argues for the passage of criminal procedure rules that would require judges to warn criminal defendants about immigration consequences at plea colloquy. Part I addresses the overlap of criminal and immigration law, arguing that the increased use of the criminal justice system to police federal immigration laws calls for greater protection of non-citizen defendants at plea colloquy. Part II then addresses the legal duties imposed on both defense counsel and trial courts in relation to plea colloquy. Padilla merely addressed the duty of defense counsel to provide constitutionally effective assistance before plea colloquy and did not reach the …

Atg Interviews Sam Brooks, Tom Gilson, Katina Strauch

Against the Grain

No abstract provided.

¡Silencio! Undocumented Immigrant Witnesses And The Right To Silence, Violeta R. Chapin

Michigan Journal of Race and Law

At a time referred to as "an unprecedented era of immigration enforcement," undocumented immigrants who have the misfortune to witness a crime in this country face a terrible decision. Calling the police to report that crime will likely lead to questions that reveal a witness's inmigration status, resulting in detention and deportation for the undocumented immigrant witness. Programs like Secure Communities and 287(g) partnerships evidence an increase in local immigration enforcement, and this Article argues that undocumented witnesses' only logical response to these programs is silence. Silence, in the form of a complete refusal to call the police to report …

Threat Posed By Mounting Vigilantism In Mexico, George W. Grayson Dr.

Books, Monographs & Collaborative Studies

Until the 1980s, Mexico enjoyed relative freedom from violence. Ruthless drug cartels existed, but they usually abided by informal rules of conduct hammered out between several capos and representatives of the dominant Institutional Revolutionary Party (PRI), which ruled the country until the 1990s. Relying on bribes, the desperados pursued their illicit activities with the connivance of authorities. In return for the legal authorities turning a blind eye, drug dealers behaved discretely, shunned high-tech weapons, deferred to public figures, spurned kidnapping, and even appeared with governors at their children’s weddings. Unlike their Colombian counterparts, Mexico’s barons did not seek elective office. …

A Review Of Literature On The Effect Of Immigrant Status On Hispanic Adolescents' Psychosocial Adjustment And Achievement, Erin J. Carrol, Carolyn Mcnamara Barry

Modern Psychological Studies

In this literature review we examine the effect of immigration on the development of Hispanic adolescents and their ability to succeed academically. The issues of integrating identities, mediating family relationships and avoiding high risk behaviors and their impact on how these young people adjust are also evaluated. Successfully maintaining aspects of both cultures and healthy familial connections were key ingredients to promote an optimal environment for potential achievement, as well as appropriate buffers against ethnic discrimination or prejudice. The paper concludes with limitations of the literature as well as future directions. The findings of these studies support the need for …

Assessing The Forms And Functions Of Aggression Using Self-Report: Factor Structure And Invariance Of The Peer Conflict Scale In Youths, Monica A. Marsee, Christopher T. Barry, Kristina K. Childs, Paul J. Frick, Eva R. Kimonis, Luna C. Muñoz, Katherine J. Aucoin, Gregory M. Fassnacht, Melissa M. Kunimatsu, Katherine S.L. Lau

Faculty Publications

This study examined the structure of a self-report measure of the forms and functions of aggression in 855 adolescents (582 boys, 266 girls) aged 12 to 19 years recruited from high school, detained, and residential settings. The Peer Conflict Scale (PCS) is a 40-item measure that was developed to improve upon existing measures and provide an efficient, reliable, and valid assessment of four dimensions of aggression (i.e., reactive overt, reactive relational, proactive overt, and proactive relational) in youths. Confirmatory factor analyses showed that a 4-factor model represented a satisfactory solution for the data. The factor structure fit well for both …

Examining Juvenile Transfer Practices In Arkansas For The Years 2000-2005., Joseph Mcsherry

Theses and Dissertations

There has been a trend over recent decades to hold juvenile offenders more accountable for their actions and punish them more severely, which has resulted in more diverse avenues to transfer these offenders to adult court. This research examines emerging literature related to transfer and sentencing of juvenile offenders in criminal court. Further, this research will explore the characteristics of juvenile offenders transferred in Arkansas between 2000 and 2005. Results of the analysis will be discussed along with implications and limitations of the study.

Freedom Of Expression And Religious Sensitivities In Pluralist Societies: Facing The Challenge Of Extreme Speech, Jeroen Temperman

BYU Law Review

No abstract provided.

The E.U. Model As An Adoptable Approach For U.S. Privacy Laws: A Comparative Analysis Of Data Collection Laws In The United Kingdom, Germany, And The United States, Laura Ybarra

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

The Supreme Court 2009 Term Overview And 2010 Term Preview, Erwin Chemerinsky, Joan Biskupic, Martin A. Schwartz, Leon Friedman

Hofstra Law Faculty Scholarship

On Monday, June 28, 2010, the Supreme Court completed its fifth year with John Roberts as Chief Justice, its first year with Justice Sonia Sotomayor on the bench, and its thirty-fifth and final Term with Justice John Paul Stevens. In that Term, the Supreme Court decided seventy-three cases after briefing and oral argument, just a few less than the seventy-six cases decided the year before in the 2008 Term. In this Article, these cases are reviewed and analyzed by the authors.

As discussed in this Article by Professor Schwartz, in some of the Court's important decisions during this Term, there …

Students Perceptions Of Cheating In Online Business Courses, Michael P. Watters, Paul J. Robertson, Renae K. Clark

School of Accountancy Faculty Publications

Accounting majors enrolled in business courses at two different universities were asked to complete a survey questionnaire pertaining to cheating in online business courses. Specifically, students majoring in Accounting were asked about their awareness online business courses as well as their opinions regarding the credibility of online courses and the effectiveness of different techniques that may be used to prevent cheating. Forty-six percent of students indicated that they had knowledge of students receiving help with an online exam/quiz. Overall, 75 percent of respondents indicated that the most effective technique to prevent cheating on online exams/quizzes is the use of random …

Gender Matters, Volume 17, Issue 1, September/October 2011, Women's, Gender, And Sexuality Studies Program

Gender Matters (2006-2011)

A bulletin of the Illinois State University Women’s and Gender Studies program, Volume 17, Issue 1, September/October 2011.

A Naturalistic Study Of The Associations Between Changes In Alcohol Problems, Spiritual Functioning And Psychiatric Symptoms, Melissa L. Miller, Stephen M. Saunders

Psychology Faculty Research and Publications

The study evaluated how spiritual and religious functioning (SRF), alcohol-related problems, and psychiatric symptoms change over the course of treatment and follow-up. Problem drinkers (n = 55, including 39 males and 16 females) in outpatient treatment were administered questionnaires at pretreatment, posttreatment, and follow up, which assessed two aspects of SRF (religious well-being and existential well-being), two aspects of alcohol misuse (severity and consequences), and two aspects of psychiatric symptoms (depression and anxiety). Significant improvements in SRF, psychiatric symptoms and alcohol misuse were observed from pretreatment to follow-up. Although SRF scores were significantly correlated with psychiatric symptoms at all three …

Best Practices In Doctoral Retention: Mentoring, Judie L. Brill, Karen K. Balcanoff, Denise Land, Maurice Gogarty, Freda Turner

Higher Learning Research Communications

The aim of this critical literature review is to outline best practices in doctoral retention and the successful approach of one university to improve graduation success by providing effective mentorship for faculty and students alike. The focus of this literature review is on distance learning relationships between faculty and doctoral students, regarding retention, persistence, and mentoring models. Key phrases and words used in the search and focusing on mentoring resulted in over 20,000 sources. The search was narrowed to include only doctoral study and mentoring. Research questions of interest were: Why do high attrition rates exist for doctoral students? What …

Defining Chronic Pain Ethics, Summer J. Mcgee, Brett Daniel Kaylor, Helen Emmott, Myra J. Christopher

Student Publications

Objective. To identify current issues in the diagnosis and treatment of chronic pain.

Design. Focus groups were convened to discuss the current issues in chronic pain care. Commentary was analyzed across focus groups using an interpretivist method of qualitative data analysis.

Setting. Focus groups were held in five major US cities throughout the United States.

Participants. Key stakeholders working and thinking about the issues surrounding chronic pain, including people with pain, providers, insurance and pharmaceutical industry representatives, law enforcement agents, and advocacy groups.

Outcome Measures. Qualitative data was analyzed to determine if consensus regarding the current issues in the diagnosis …

Partners Against Crime A Review Of Partnerships In Joint Policing Committees, Dermot Harrington

Dissertations

Recent developments of policing in Ireland have seen a shift towards local crime prevention initiatives through local partnerships. The principle aim of this study is to explore the effects of the partnership model of policing with the recent introduction of Joint Policing Committees (JPCs). This dissertation seeks to examine the opinions of members of JPCs towards this model. The research employed a qualitative methodology obtained through semi-structured interviews of JPC members and observational studies. In addition, this thesis reports on literature regarding partnership, security and governance in modern society. While this research project found that informal partnerships between An Garda …

Pulling A Rabbit Out Of A Hat, Where Do Policies Come From? An Examination Of The Criminal Justice Policy Processes Behind The Building Of The Dóchas Centre (Ireland’S Largest Women’S Prison), Eoin Carroll

Dissertations

There is an increasing need to understand the processes in which key decisions are made within the criminal justice system. While women in the Irish prison system are still very much in the minority they are the fastest growing population in prison and are currently experiencing overcrowding unknown in living memory in Irish prisons. It is too soon to comprehensively examine the origins of the recent policy decision to retrofit bunk beds and dormitories in Ireland’s largest women’s prison (Dóchas Centre) and what other possible solutions were explored, for example, why a proposed new facility was cancelled. However, it is …