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2012

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Institution
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Unintended Consequences: The Impact Of The Court's Recent Cases On Structural Ineffective Assistance Of Counsel Claims, Lauren Sudeall Lucas Jan 2012

Unintended Consequences: The Impact Of The Court's Recent Cases On Structural Ineffective Assistance Of Counsel Claims, Lauren Sudeall Lucas

Faculty Publications By Year

The Supreme Court’s recent Sixth Amendment cases have garnered much attention for their potential impact on ineffective assistance of counsel claims asserted in the context of a criminal case. This short article explores the unintended consequences of these decisions on structural ineffective assistance of counsel claims made in the civil context alleging that systemic deficiencies are likely to lead to right to counsel violations. The article concludes that the Court’s departure from a trial-centered conception of the right to counsel, its willingness to articulate specific pre-trial duties of counsel and its more pragmatic approach towards enforcing the Sixth Amendment will …


Plowing In Hope: A Three-Part Framework For Incorporating Restorative Justice Into Sentencing And Correctional Systems, Lynn S. Branham Jan 2012

Plowing In Hope: A Three-Part Framework For Incorporating Restorative Justice Into Sentencing And Correctional Systems, Lynn S. Branham

All Faculty Scholarship

This essay proposes the adoption of a three-part framework to effectuate fundamental changes in conventional sentencing and correctional constructs, making restorative justice a mainstay of sentencing and correctional systems. First, federal, state, and local governments would authorize the imposition of what would be – in name, purpose, and content – “restorative sentences.” The growing, processing, and distribution of locally grown foods in low-income neighborhoods particularly afflicted by crime is an example of what could become a prevalent restorative sentence. The essay outlines a number of steps to be undertaken by jurisdictions in order to realize the goals of restorative sentencing. …


The Challenge Of Domestic Implementation Of International Human Rights Law In The Cotton Field Case, Caroline Bettinger-López Jan 2012

The Challenge Of Domestic Implementation Of International Human Rights Law In The Cotton Field Case, Caroline Bettinger-López

Articles

No abstract provided.


New Orleans Prosecutorial Disclosure In Practice After Connick V. Thompson, Ellen Yaroshefsky Jan 2012

New Orleans Prosecutorial Disclosure In Practice After Connick V. Thompson, Ellen Yaroshefsky

Hofstra Law Faculty Scholarship

The New Orleans Prosecutor's office under the 30 year leadership of Harry Connick was notorious for its failures to comply with constitutional requirements to disclose favorable information to the defense. The Supreme court in a range of cases including its 2011 decision in Connick v.Thompson, excoriated the prosecutor's office for its failures.

Leon Cannizzaro, elected as New Orleans prosecutor in 2008, made significant changes in that office. This article, the result of in depth interviews with key stakeholders in the New Orleans criminal justice system, including former prosecutors, examines the extent and effect of the policy and practice changes. It …


Disabling Racial Repetition, Zanita E. Fenton Jan 2012

Disabling Racial Repetition, Zanita E. Fenton

Articles

No abstract provided.


Armstrong Atlantic State University 2012 Fact Book, Armstrong State University Jan 2012

Armstrong Atlantic State University 2012 Fact Book, Armstrong State University

Armstrong Office of Institutional Research: Armstrong Fact Books (Archived)

No abstract provided.


Have No Fear (Of Piling Inference Upon Inference): How United States V. Comstock Can Save The Matthew Shepard And James Byrd, Jr. Hate Crimes Prevention Act, Margaret K. O'Leary Jan 2012

Have No Fear (Of Piling Inference Upon Inference): How United States V. Comstock Can Save The Matthew Shepard And James Byrd, Jr. Hate Crimes Prevention Act, Margaret K. O'Leary

Cornell Law Review

No abstract provided.


Circumvention Tourism, I. Glenn Cohen Jan 2012

Circumvention Tourism, I. Glenn Cohen

Cornell Law Review

No abstract provided.


Judging Sex, Deborah Tuerkheimer Jan 2012

Judging Sex, Deborah Tuerkheimer

Cornell Law Review

No abstract provided.


Curriculum Change 2012-2013, Portland State University Jan 2012

Curriculum Change 2012-2013, Portland State University

Bulletin & Curriculum Change Documents

No abstract provided.


Bulletin: General Catalog Issue 2012-2013, Portland State University Jan 2012

Bulletin: General Catalog Issue 2012-2013, Portland State University

Bulletin & Curriculum Change Documents

No abstract provided.


Public Attitudes Toward Crime Control In Contemporary China : A Multilevel Analysis, Yue Zhuo Jan 2012

Public Attitudes Toward Crime Control In Contemporary China : A Multilevel Analysis, Yue Zhuo

Legacy Theses & Dissertations (2009 - 2024)

This study applies the Western sociological theories in the Chinese context and systematically explores crime control attitudes in contemporary China. This research links individual-level data from the 2005 China General Social Survey with contextual-level data from China Procuratorial Yearbooks, Chinese Population Census 2000, and China Statistical Yearbooks. A multilevel framework informed by the instrumental perspective, the constructionist/conflict perspective, and the symbolic perspective is adopted to examine the individual-level and contextual-level social factors that affect the three dimensions of public attitudes toward crime control - satisfaction, spending, and due process.


Patterns Of Adolescent Drug Offending And Their Consequences In Making The Transition To Adulthood, Matthew David Phillips Jan 2012

Patterns Of Adolescent Drug Offending And Their Consequences In Making The Transition To Adulthood, Matthew David Phillips

Legacy Theses & Dissertations (2009 - 2024)

The life course perspective in criminology acknowledges that as an individual moves through successive stages in life, a host of factors in various domains influence the individual's developmental and behavioral patterns. The criminological literature is also replete with research that suggests an individual's involvement in drug offending has negative repercussions in these domains of life. Further, specific drug offenses are thought to affect outcomes in differing ways. Drug offenders are far from a homogeneous group, and that heterogeneity can produce vastly different outcomes. From a life course perspective, adolescence then becomes a particularly important stage since this is the time …


A Genealogy Of Gaze And Voice In Godwin, Wollstonecraft, And Mary Shelley, Joon Yoon Jan 2012

A Genealogy Of Gaze And Voice In Godwin, Wollstonecraft, And Mary Shelley, Joon Yoon

Legacy Theses & Dissertations (2009 - 2024)

This dissertation, "A Genealogy of Voice and Gaze in Godwin, Wollstonecraft, and Mary Shelley," presents the unseen and unheard dimension of criminals, madwomen and monsters. During the late eighteenth and early nineteenth centuries, modern man was born while imprisoning his neighbor. For the birth of modern man to take place, therefore, the criminals and the madwomen must be forgotten: the modern institutions of the prison and madhouse are instruments in this forgetting; the voices of these figures must be silenced by the modern discourses of criminology and psychiatry. In a similar way, beside modern man, the monster who is unseeable …


State Homeland Security : Variation And Patterns Among The U.S. States, Lisa N. Sacco Jan 2012

State Homeland Security : Variation And Patterns Among The U.S. States, Lisa N. Sacco

Legacy Theses & Dissertations (2009 - 2024)

This dissertation examines the homeland security organizations of the 50 states, and describes what systems the states have created for homeland security policy and structure. The purpose of this dissertation is to determine how each state homeland security organization was developed, describe each organization, and ascertain if patterns of homeland security have emerged among the states. This descriptive study also uncovers philosophical differences in the states' interpretation of homeland security.


The Causes And Consequences Of Self-Protective Behaviors In Violent Encounters, Ráchael Anne Powers Jan 2012

The Causes And Consequences Of Self-Protective Behaviors In Violent Encounters, Ráchael Anne Powers

Legacy Theses & Dissertations (2009 - 2024)

Self-protective behaviors are strategies that a victim utilizes during the course of a violent incident to either prevent its completion or to avoid or minimize physical injury. Research regarding the use of self-protective behaviors in violent incidents has focused predominantly on sexual assault, and the research that has examined non-sexual assaults has been limited with regard to the study sample, considered outcomes, and included covariates. To extend beyond prior work, this dissertation seeks to explore more thoroughly the use and consequences of self-protective behaviors in non-sexual assaults using the National Crime Victimization Survey. Self-protective behaviors were measured along two dimensions …


The Role Of Self-Esteem In The Treatment Of Youth In Residential Treatment Centers : An Examination Of Delinquency And Rearrest After Discharge From Treatment, Camela M. Steinke Jan 2012

The Role Of Self-Esteem In The Treatment Of Youth In Residential Treatment Centers : An Examination Of Delinquency And Rearrest After Discharge From Treatment, Camela M. Steinke

Legacy Theses & Dissertations (2009 - 2024)

The purpose of this research was to explore the effect of self-esteem on rearrest and delinquency for a population of youth who have been committed to, and received services through, a residential treatment center.


Pay It Forward : The Effect Of Social Support On Crime, Jessica Singer Jan 2012

Pay It Forward : The Effect Of Social Support On Crime, Jessica Singer

Legacy Theses & Dissertations (2009 - 2024)

The purpose of this research is to explore the relationship between social support and crime. In 1994, Frank Cullen wrote an innovative article which was designed to construct social support as an organizing principle for criminology. Using this work to frame this research, I hypothesize that social support will be negatively related to crime. I explore this relationship on two levels of analysis. First, I investigate the relationship between state-level support and crime rates using a dataset that I constructed from a variety of sources. Second, I investigate the relationship between individual-level support and crime and deviance using data from …


How Patrol Officers Make Decisions : Comparing A Structural Model To A Process Model, Heidi Bonner Jan 2012

How Patrol Officers Make Decisions : Comparing A Structural Model To A Process Model, Heidi Bonner

Legacy Theses & Dissertations (2009 - 2024)

A heavy research emphasis on the discretionary decision-making actions by police has led researchers to conduct a substantial amount of work regarding the individual, situational, organizational, and neighborhood influences on police behavior. The culmination of all this work results in one main conclusion - the majority of findings regarding the causes of police behavior are mixed. Further, current models of police behavior account for only a small amount of the variation.


Decisions To Exert Social Control In A Neighborhood Context : Social Dilemmas And Solutions, Shaohua Yu Jan 2012

Decisions To Exert Social Control In A Neighborhood Context : Social Dilemmas And Solutions, Shaohua Yu

Legacy Theses & Dissertations (2009 - 2024)

Prior literature on urban crime study has long indicated that residents' participation in informal social control activities is crucial in achieving low crime rates in urban neighborhoods. The question of what factors determine individual residents' decisions on whether or not to support collective crime prevention efforts, however, has yet to be addressed. The present study approaches this issue by bridging it with another important area of research-the study of social dilemmas-that explain cooperative tendencies in human groups. By defining informal social control as a form of collectively desirable action, the study tested the hypothesis that the solutions to social dilemmas …


Occupational Stress And The Homosexual Police Officer, David John Barton Jan 2012

Occupational Stress And The Homosexual Police Officer, David John Barton

Legacy Theses & Dissertations (2009 - 2024)

This dissertation analyzed occupational stress among homosexual officers. Previous researchers have investigated occupational stresses experienced by racial, ethnic and gender minority police officers; however, research has not examined the occupational stresses experienced by homosexual officers. This study utilized an internet survey to gather quantitative data that were statistically analyzed for similarities and differences in how homosexual officers perceive stressors common to all officers and stressors experienced only by minority subgroups, including discrimination. Because homosexual officers have the unique ability to disguise their minority status, this study also examined whether the officers' choices to reveal or conceal their sexual preference affected …


Grace Under Fire : Altruistic Behavior And The Risk Of Criminal Victimization, Andy Lucas Blaize Davies Jan 2012

Grace Under Fire : Altruistic Behavior And The Risk Of Criminal Victimization, Andy Lucas Blaize Davies

Legacy Theses & Dissertations (2009 - 2024)

Two studies investigate whether the perceived risk of criminal victimization reduces altruistic behavior as social disorganization theory predicts it will. The first study, of 160 nation-states, suggests not. Rather, the relationship depends on national culture. In highly religious countries, for example, the perceived risk of victimization actually appears to increase altruistic behavior. The second study, an experiment conducted on samples both of undergraduate students and internet users, suggests that certain individuals for whom the risk of criminal victimization may be particularly salient - volunteers worried they may be put in harm's way, and fatalists paranoid about the inevitability of victimization …


Bail: Reforming Policies To Address Overcrowded Jails, The Impact Of Race On Detention, And Community Revival In Harris County, Texas, Marcia Johnson, Luckett Anthony Johnson Jan 2012

Bail: Reforming Policies To Address Overcrowded Jails, The Impact Of Race On Detention, And Community Revival In Harris County, Texas, Marcia Johnson, Luckett Anthony Johnson

Northwestern Journal of Law & Social Policy

Starting in the 1970s, the U.S. federal government and many state and local governments adopted “get tough” policies against crime. These new strict policy initiatives produced an explosion of incarceration in prisons throughout the country. They also impacted local jails as well, particularly in the numbers of persons detained pre-trial. This Article explores this phenomenon and its implications for local governments, as well as its unforeseen consequences on communities, particularly communities of color. The Article uses Harris County, Texas to exemplify the systematic problems resulting from the over-jailing of its citizens, particularly persons who are detained pre-trial. We attempt to …


Health Behind And Beyond Bars : Understanding The Link Between Incarceration And Health, Lauren C. Porter Jan 2012

Health Behind And Beyond Bars : Understanding The Link Between Incarceration And Health, Lauren C. Porter

Legacy Theses & Dissertations (2009 - 2024)

The primary aim of this dissertation is to better understand the link between incarceration and health. Drawing on a sample of young adults from the National Longitudinal Study of Adolescent Health (Add Health), the effect of incarceration on self-rated health, serious injury, STD infection, cold/flu symptoms, and blood pressure is assessed. The effect of incarceration on health behavior is also examined, including diet, smoking, binge drinking, and physical activity. In order to rule out selection bias, current and former inmates are compared to respondents who have been arrested (or arrested and convicted of a crime), but not incarcerated. Findings suggest …


The Spanish Property Insurance Cartel, Fransisco Marcos Jan 2012

The Spanish Property Insurance Cartel, Fransisco Marcos

Connecticut Insurance Law Journal

No abstract provided.


Subprime And Credit Crisis Investigations: What Constitutes A Claim For The Purposes Of Professional Liability Insurance, Caitlin P. Holt Jan 2012

Subprime And Credit Crisis Investigations: What Constitutes A Claim For The Purposes Of Professional Liability Insurance, Caitlin P. Holt

Connecticut Insurance Law Journal

No abstract provided.


Liability For Bad Faith And The Principle Without A Name (Yet), Kenneth S. Abraham Jan 2012

Liability For Bad Faith And The Principle Without A Name (Yet), Kenneth S. Abraham

Connecticut Insurance Law Journal

No abstract provided.


Study Of International Students' Definations Of, And Perceptions About, Domestic Violence Against Women, Sarbinaz Zamirovna Bekmuratova Jan 2012

Study Of International Students' Definations Of, And Perceptions About, Domestic Violence Against Women, Sarbinaz Zamirovna Bekmuratova

All Graduate Theses, Dissertations, and Other Capstone Projects

The purpose of this study was to identify and compare definitions of, and perceptions about, domestic violence of international students enrolled in spring semester, 2012 at Minnesota State University, Mankato. These definitions and perceptions were compared according to the presence of domestic violence policies in the international students’ countries of origin as well as their gender and the length of residence in the United States. A quantitative cross-sectional online survey was conducted to collect data regarding participants’ definitions of different types of domestic violence, appropriateness of hitting and yelling in the relationship, and their perceptions about domestic violence. International students …


Soci 438.01: Rural Crime And Justice, Daniel P. Doyle Jan 2012

Soci 438.01: Rural Crime And Justice, Daniel P. Doyle

University of Montana Course Syllabi

No abstract provided.


Winter Commencement, December 16, 2012, Eastern Michigan University Jan 2012

Winter Commencement, December 16, 2012, Eastern Michigan University

Commencement Programs and Materials

No abstract provided.