Digital Commons Network^™

A Conversation With United States Senator Jim Webb, Jim Webb

Fordham International Law Journal

No abstract provided.

To Be Or Not To Be: Who Is An "Indian Person"?, Daniel Donovan, John Rhodes

Montana Law Review

To Be or Not To Be: Who is an "Indian Person"?

The Risk Of Violence And Intimate Partner Choice Within A Risk Society, Adam J. Pritchard

Theses and Dissertations--Sociology

This dissertation examines the influence of competing risks in shaping individuals' choices about potential intimate relationships. According to Ulrich Beck's "risk society" theory, the individualization of social risks has direct and measurable consequences for the ways people organize and evaluate potential intimate relationships (Beck & Beck-Gernsheim, 1995, 2002, 2004; Giddens, 1994; Lupton, 2006). This study investigates the ways in which subjective or identity-related risks hypothesized by scholars of late modernity shape the perception and the actual risk of dating violence. Empirical research on dating violence identifies many objective “risk factors” related to a person’s chances of experiencing intimate partner violence; …

Extreme Pornography And Obscenity Legislation, Julianne Morgan

Joyce Durham Essay Contest in Women's and Gender Studies

Section 63 of the Criminal Justice and Immigration Act (CJIA), a piece of UK legislation that came into effect in 2009, seeks to criminalize the possession of extreme pornography with a particular focus on controlling the spread of such images available via the internet. The law mandates that an image is pornographic “if it is of such a nature that it must reasonably assumed to have been produced solely or principally for the purpose of sexual arousal.” An image is considered extreme if it is “grossly offensive, disgusting or otherwise of an obscene character” and “if it portrays, in an …

Mental Health Expert Testimony: Legal Professionals' Preferences In Criminal Responsibility Evaluations , Krystal R. Gregg

Doctor of Psychology (PsyD)

No abstract provided.

"Taking The Fifth" Beyond Trial: § 1983 Claims For Pre-Trial Use Of Coerced Statements Affirms One's Right Against Self-Incrimination, Paulo C. Alves

Journal of Civil Rights and Economic Development

No abstract provided.

Treating Detained Juveniles: Measuring Mental Health Traits And Gender Differences, Todd L. Grande, Janelle M. Hallman, Lee A. Underwood, Kellie M. Warren, Mark Rehfuss

Counseling & Human Services Faculty Publications

An understanding of gender-specific differences between detained male and female youth and how these differences relate to mental health is fundamental to understanding, assessing, and treating this population. This study examined the prevalence of mental health symptoms among a sample of 4,015 incarcerated juveniles who were assessed at intake using the BASC-2, MAYSI-2, and Trauma Symptom Checklist for Children. Significant differences were found between males and females on many of the instruments’ clinical scales, the effect size, however, was small. The prevalence of mental health symptoms varied greatly based on the instrument used (12% and 70% for males; 18% and …

The Law And Economics Of Fluctuating Criminal Tendencies And Incapacitation, Murat C. Mungan

Scholarly Publications

Economic analyses of criminal law are frequently and heavily criticized for being unable to explain many criminal law rules and doctrines people find intuitively just. Existing economic models cannot properly explain, for instance, why criminal law distinguishes between (1) repeat offenders and first-time offenders, (2) murder and voluntary manslaughter, and (3) remorseful and non-remorseful offenders.

This Article proposes a richer economic theory of crime that captures the rationales behind these practices and potentially behind many other important criminal law principles and doctrines. Unlike an overwhelming majority of previous economic analyses, my theory accounts not only for the deterrent effect of …

John Marshall, Gordon A. Crews

Criminal Justice Faculty Publications

John Marshall was the Chief Justice of the United States Supreme Court between 1801 and 1835. His court opinions during this period provided the foundation for constitutional law in the United States and helped move the U.S. Supreme Court into the center of power in the American criminal justice system, capable of overruling Congress. Marshall still remains the longest-serving Chief Justice and is known for reinforcing the principle that federal courts are obligated to exercise judicial review and must examine laws purported by citizens to violate the U.S. Constitution. During his service, he helped establish the Supreme Court as the …

Using Poor Form As A Proxy For Poor Substance: A Look At Wend V. People And Its Categorical Rule Prohibiting Prosecutors From Using The Word "Lie", Danny Paulson

University of Colorado Law Review

In Wend v. People, the Colorado Supreme Court reversed a second-degree murder conviction because the prosecutor repeatedly used various forms of the word "lie" to describe some of the defendant's statements made during two taped interviews with the police. In its opinion, the court first held that in Colorado it is categorically improper for a prosecutor to use the word "lie." In doing so, it committed itself to a unique legal standard for one word that runs contrary to the traditional legal test used nationwide for all forms of prosecutorial misconduct. Then, the court reversed the conviction on plain error …

Administering Justice: Removing Statutory Barriers To Reentry, Joy Radice

University of Colorado Law Review

No abstract provided.

China's Censored Leap Forward: The Communist Party's Battle With Internet Censorship In The Digital Age, Caitlin Feeney

CMC Senior Theses

Citizens around the world are using the Internet to connect with an international community, speak out against governmental injustices, and dissolve informational barriers. The Chinese Communist Party (CCP), a regime known for its strict control and harsh repression, is faced with the challenge of balancing an appropriate amount of civilian freedom on the Internet while still maintaining its monopolistic power. How does a one-party system successfully maintain control over the flow of information and sustain its unchallenged control of citizens in an increasingly-liberalized world? The Party’s answer to this question is a finely-tuned Internet censorship strategy, which this paper seeks …

The Relationship Between Religiosity & Selected Health Behaviors Of African Americans Of The Pentecostal Faith, Caprice Jones-Agunbiade

All Graduate Theses, Dissertations, and Other Capstone Projects

The purpose of this study was to assess the relationship between religiosity and selected health behaviors of African Americans in the Pentecostal faith. A 43 question printed survey was administered to 300 adult attendees from selected Pentecostal churches. The purposive sample was obtained from the Holy Christian Church of Mankato, Brooklyn Park, and St. Paul. The printed survey focused on information about demographics such as age, gender, ethnicity, marital status, education, fellowship, membership, and also health behaviors, perceived weight, weight goals, health classes desired, utilization of a community health educator and religiosity. The findings of the study indicated that high …

Sex On The Bench: Do Women Judges Matter To The Legitimacy Of International Courts?, Nienke Grossman

Chicago Journal of International Law

International courts are playing an increasingly important role in deciding international disputes and in defining the content of international law. Yet women make up only a meager percentage of international court judges. This Article explores the relationship between the paucity of women judges and the legitimacy of international courts. After providing statistics on women's participation on eleven of the world's most important courts and tribunals, the Article argues that under-representation of one sex affects the normative legitimacy of international courts because it endangers impartiality and introduces bias when men and women approach judging differently. Even if men and women do …

Criminal Justice Policy Research Institute Newsletter, Portland State University. Criminal Justice Policy Research Institute

Criminal Justice Policy Research Institute Newsletters

Newsletter provides information on:

• Latest research results
• Project and studies underway
• Research awards and distinctions
• Recent research publications

After United States V. White, Will The Fourth Circuit Ever Permit Forcible Medication To Restore Competency For Defendants Charged With Nonviolent Crimes, James A. Coulter

North Carolina Law Review

No abstract provided.

Forging Links And Renewing Ties: Applying The Principles Of Restorative And Procedural Justice To Better Respond To Criminal Offenders With A Mental Disorder, Thomas L. Hafemeister, Sharon G. Garner, Veronica E. Bath

Buffalo Law Review

No abstract provided.

The Supreme Court Of The United States, Carol Nackenoff

Political Science Faculty Works

No abstract provided.

A Survey Assessing The Contributing Factors To Substance Abuse Treatment In U.S. Corrections Settings, Michael Soule

Yale Medicine Thesis Digital Library

In light of the dramatic rise in incarceration due to the "War on Drugs," we explored the contributing factors to substance abuse treatment (SAT) programming - in particular, evidence-based treatments like medication assisted therapy (MAT) - implementation in United States correctional settings (including jails, prisons, and community corrections facilities). We hypothesized that current funding availability would be the primary factor preventing and contributing to program implementation, but further hypothesized that an array of secondary factors such as overcrowding, geographic location, facility type, and attitudes and knowledge about MAT would also play a role. We mailed a survey to an enriched …

The Word Commons And Foreign Laws, Thomas O. Main

Scholarly Works

Dual trends are colliding in U.S. courts. The first trend is a tidal wave of cases requiring courts to engage the domestic laws of foreign legal systems; globalization is the principal driver of this escalation. The second trend is a profound and ever-increasing skepticism of our ability to understand foreign law; the literature of pluralism and postmodernism has illuminated the uniquely local, language-dependent, and culturally embedded nature of law. Courts cope with this dissonance by finding some way to avoid the application of foreign law. But these outcomes are problematic because parties are denied access to court or have their …

Regrouping America: Immigration Policies And The Reduction Of Prejudice, Fatma Marouf

Scholarly Works

No abstract provided.

Connecticut's Road To "Real" Attorneys For Kids, Carolyn Signorelli

Nova Law Review

No abstract provided.

Race, Brain Science, And Critical Decision-Making In The Context Of Constitutional Criminal Procedure, Christian M. Halliburton

Faculty Articles

This article surveys current and emerging neuroscience research that is uncovering deep cognitive-level and unconscious connections between race or racial constructs, perception, and decision making. Using those findings as a platform for consideration, the article addresses several implications that these cognitive patterns might have for the particular kinds of perceptual experiences and decision making opportunities that are relevant in the context of criminal law enforcement and police procedure, and begins to evaluate the influence that these cognitive trends may have on the development of specific legal regulatory mechanisms and their application to the larger law enforcement complex.

A Talent For Risk And Trust: A Tribute To Aryeh Neier, Rosa Brooks

Georgetown Law Faculty Publications and Other Works

This essay is a tribute to Aryeh Neier, former president emeritus of the Open Society Foundations and founder of the Human Rights Watch. The author discusses Aryeh Neier's talent for risk and trust.

The Latino Community In Multnomah County: An Unsettling Profile, Ann Curry-Stevens, Amanda Cross-Hemmer, Coalition Of Communities Of Color

School of Social Work Faculty Publications and Presentations

Our report, "The Latino Community in Multnomah County: An Unsettling Profile" uncovers an array of racial inequities across the systems of income, employment, education, juvenile justice, corrections, child welfare, philanthropic giving, housing, immigration, research practices (particularly population measurement), wealth, health, health insurance coverage, racial harassment, public service and voter registration. These systems maintain our second-class status and serve to limit our current well being and the prospects for a bright future for our children.

Catholic Schools, Charter Schools, And Urban Neighborhoods, Margaret F. Brinig, Nicole Stelle Garnett

Journal Articles

This paper addresses implications for urban neighborhoods of two dramatic shifts in the American educational landscape: (1) the rapid disappearance of Catholic schools from urban neighborhoods, and (2) the rise of charter schools. In previous studies, we linked Catholic school closures to increased disorder and crime, and decreased social cohesion, in Chicago neighborhoods. This paper turns to two questions unanswered in our previous investigations. First, because we focused exclusively on school closures in our previous studies, we were uncertain whether our results reflected the work that open Catholic schools do as neighborhood institutions or whether we were finding a “loss …

Queer (In)Justice: Mapping New Gay (Scholarly) Agendas, Giovanna Shay, J. Kelly Strader

Faculty Scholarship

The 2011 book Queer (In)Justice surveys involvement of sexual minorities in all phases of the what the authors term the "criminal legal system." It examines the treatment of LGBTQ people as criminal defendants, victims, and prisoners. Queer (In)Justice moves beyond the typical focus of gay rights activists and scholars in the criminal law area to address the everyday treatment of LGBTQ people by police, prosecutors, courts, and corrections authorities. Relying heavily on prison abolitionist movement thinking, the book calls into question reliance on criminal punishment as a means of combating violence against LGBTQ people. Although largely anecdotal, and sometimes over-heated …

Illich, Education, And The Wire, Erin E. Buzuvis

Faculty Scholarship

This Article focuses on two texts—first, Illich’s 1971 "Deschooling Society," which calls for abolishing institutionalized education in favor of decentralized, personalized relationships that promote intentional learning; and second, The Wire’s fourth season, which is particularly focused on the exercise in futility that is the Baltimore public school system. Read together, these texts explore the problem of institutionalized education and the solution Illich proposes of intentional learning communities. But while both texts help us understand the shortfalls of institutionalized education, neither is particularly prescriptive when it comes to undoing the current state of affairs and weaning our society off of institutions, …

72 Years Later: Still Seeking Accountability For The Katyn Forest Massacre, Allan Gerson

Case Western Reserve Journal of International Law

No abstract provided.

Child Pirates From Somalia: A Call For The International Community To Support The Further Development Of Juvenile Justice Systems In Puntland And Somaliland, Danielle Fritz

Case Western Reserve Journal of International Law

No abstract provided.