Digital Commons Network^™

Life After Norgrove, Nicholas Wall

The Plymouth Law and Criminal Justice Review

No abstract provided.

Is The Common Law Defence Of Insanity Ineffective And In Need Of Reform?, Samprada Mukhia

The Plymouth Law and Criminal Justice Review

This article will consider whether the current common law defence of insanity is ineffective and in need of reform. It will do so by contemplating several criticisms of the insanity defence arising from the M'Naghten Rules and examine some recommended changes to the law this area.

A Court Of Law Or A Court Of Conscience: A Critique Of The Decision In Re A (Children), Laura Offer

The Plymouth Law and Criminal Justice Review

This article critiques the legal reasoning adopted by the Court of Appeal in Re A (Children) – the controversial case which addressed the separation of conjoined twins Rose and Grace Attard (or 'Mary and Jodie'). Separation would ensure survival for Jodie and death for Mary; as such, the Court of Appeal was required to consider whether separation constituted murder or whether it was justifiable as a protective measure for Jodie. In this article, the author examines the separate lines of reasoning adopted by each of the three judges in Re A, explores the precedents used to justify separation, discusses the …

Trying To Get A Good One' Bigamy Offences In England And Wales, 1850-1950, David Cox

The Plymouth Law and Criminal Justice Review

Bigamy has attracted little attention from both criminologists and historians in the past few decades. This is perhaps understandable, as bigamy is an uncommon crime, no longer regarded as a major threat to the institution of marriage or familial stability, as divorce laws have made it much easier for couples to legally separate, and co-habitation outside marriage is much more common than in pre-World War II England and Wales. 2 However, this has not always been the case; before men and women could divorce on equal terms and without blame being apportioned, bigamy was seen as one way in which …

Neighbourhood Working In Policing, Neil Chappell

The Plymouth Law and Criminal Justice Review

No abstract provided.

To What Extent Has Muncie's 'Punitive Turn' Become A Global Trend In International Youth Justice?, Laura Cook

The Plymouth Law and Criminal Justice Review

No abstract provided.

New Trends In Religious Freedom: The Battle Of The Headscarf, Natalie Melmore

The Plymouth Law and Criminal Justice Review

Freedom of religion has been described as the paradigm freedom of conscience and of the essence in a free society, but the re-emergence of religion in the public sphere has elicited great publicity. The wearing of the female Islamic dress, commonly the headscarf (hijab), is a complex and multi-faceted issue that is often raised in legal and political debates, particularly in the education and employment areas across Europe. This work examines the role of the European Union in the regulation of Member States‟ approaches to individuals wearing the Islamic headscarf. The European Convention of Human Rights and decisions of the …

Enforcement, Rehabilitation And Public Protection: Developments, Issues And Tensions Impacting On The Work Of The Probation Service, Sam Walker

The Plymouth Law and Criminal Justice Review

No abstract provided.

Editorial, Tom Smith

The Plymouth Law and Criminal Justice Review

No abstract provided.

The Extent To Which Laws And Regulations On Environmental Liability Protect The Environment And Compensate The Victims, Jessica Maidment

The Plymouth Law and Criminal Justice Review

This article provides an examination and analysis of the laws and regulations on environmental liability, in light of the growing global concern of oil pollution of the marine environment. It considers several fundamental legal provisions that have attempted to protect the environment and compensate the victims of oil pollution and assesses the extent to which these provisions have achieved these aims. A recent high profile incident has reinstated the issue as a worldwide public concern and provides context for this article.

Electronic Payment Systems, Samahir Abdulah

The Plymouth Law and Criminal Justice Review

Electronic commerce online is expanding at an exponential rate. Much of this relates to the type of consumer transactions which would otherwise have been fulfilled in the market using one of electronic funds transfer at the point of sale devices (EFT-POS), such as cheque cards, debit cards, credit cards or debit cards. The legal consequences of the use of the cards are based on the contract between the card issuer and the card holder. Without exception, these contracts will be standard form, on the issuer's provisions. The Consumer Credit Act 1974 (CCA) is considered the main source of statutory regulation …

In What Ways Has Criminology Sought To Understand The Rave Movement As Organised Deviance?, Steven Brown

The Plymouth Law and Criminal Justice Review

No abstract provided.

The Governance Of Security In The Revanchist City- The Case Of Cape Town, South Africa, Till Frederik Paasche

School of Geography, Earth and Environmental Sciences Theses

The governance of security in the revanchist city- The case of Cape Town, South Africa Much has been written on the revanchist city (for example Smith, 1996; MacLeod, 2002; Belina and Helms, 2003) and the reclaiming of space from so-called ‘undesirables‘ through the means of the police. Here, the guiding ideas are policing strategies such as the ‘broken windows syndrome‘ (Kelling and Wilson, 1982) and ‘zero tolerance policing‘ (Giuliani and Bratton, 1994; Beckett and Herbert, 2008; Herbert and Beckett, 2010). However, the role of private security companies in the reclaiming of public space remains under-researched. Using a case study in …

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

All Faculty Scholarship

This article seeks to advance our understanding of international courts' legitimacy and its relationship to who sits on the bench. It asks whether we should care that few women sit on international court benches. 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 normative legitimacy because it endangers impartiality and introduces bias when men and women approach judging differently. Even if men and women do not think differently, a sex un-representative bench harms sociological legitimacy for constituencies who believe they do nonetheless. For groups …

Don't Forget Dad: Addressing Women's Poverty By Rethinking Forced And Outdated Child Support Policies, Daniel L. Hatcher

All Faculty Scholarship

In the dialogues regarding reducing poverty among women, especially mothers, the inextricably linked issues surrounding low-income men must be simultaneously considered. In social policy addressing women’s poverty, poor fathers have too often been considered primarily as an enemy to be pursued rather than a fellow victim of poverty’s wrath, and potential partner towards the cure. We want someone to blame, and many assume that poor single mothers are best served by always being encouraged — and even forced — to pursue the noncustodial fathers for financial support through adversarial means. Mothers applying for public assistance are forced to sue the …

Introduction: Benefits Of Private Enforcement: Empirical Background, Robert H. Lande

All Faculty Scholarship

This short piece takes a first step toward providing the empirical bases for an assessment of the benefits of private enforcement. It presents evidence showing that private enforcement of the antitrust laws is serving its intended purposes and is in the public interest. Private enforcement helps compensate victimized consumers, and it also helps deter anticompetitive conduct. This piece demonstrates this by briefly summarizing a more detailed analysis of forty of the largest recent successful private antitrust cases.

To analyze these cases' compensation effects this presents, inter alia, the amount of money each action recovered, what proportion of the money was …

Spirited Measures And Victorian Hangovers: Public Attitudes To Alcohol, The Law And Moral Regulation., Henry Yeomans

Other Faculty of Arts, Humanities and Business Theses

From alarm about the prospect of ‘twenty-four drinking’ to campaigns for a minimum price per unit, the last decade has shown that alcohol consumption is an inflammatory issue in this country. It has become commonplace to hear that drinking is ‘out of control’ and that it is a new and worsening problem largely unique to Britain. However, comparative research reveals that alcohol consumption in Britain is not unusually high and even a cursory glance at history shows that extreme bouts of alarm about drinking have been common on these shores since at least the eighteenth century. What is at the …

Gender Inequality And Countries' Responsiveness To Enforcing Human Trafficking Laws: A Cross National Study, Christina Rose Fiorito

Master's Theses

In recent years, government agencies, advocacy groups, and academics have made attempts to address and understand the problem of human trafficking through raising awareness, conducting research and implementing prevention and intervention programs. This study tested whether gender inequality measures, which capture aspects of a country's social and political operations, are related to less governmental efforts to enforce laws against human trafficking, after controlling for other possible explanations for lax enforcement such as poverty, government corruption, political instability and increase of general violence, educational achievement, net migration, and the percent of the country's population living in urban areas.

The data were …

Self-Control As A Determining Factor In Aftercare Compliance And Recidivism Of Sheridan Correctional Center Releasees, Jana R. Krepel

Master's Theses

This study looked to Self–Control Theory to explore relationships between self–control and aftercare completion and recidivism in a cohort of Sheridan Correctional Center releases (N=604). The data set was obtained by Dr. David Olson (Olson & Rozhon, 2011) of Loyola University Chicago. Utilizing an existing inmate evaluation tool, the Client Evaluation of Self and Treatment, a new index of self–control was created, and the scales of this index became the predictor variables. After logistic regression, it was determined that none of the self–control scales were significant predictors of either aftercare compliance or recidivism. In fact, when all variables were considered, …

A Deadly Way Of Doing Business: A Case Study Of Corporate Crime In The Coal Mining Industry, Charles Nickolas Stickeler

USF Tampa Graduate Theses and Dissertations

To this point, research on corporate crime has been, for the most part, overlooked by mainstream criminology. In particular, corporate violations of safety regulations in the coal mining industry have yet to be studied within the field of criminology. The purpose of this thesis is to examine the crimes of a coal mining corporation, a corporation whose business decisions led to the worst coal mining disaster in forty years, along with the deaths of twenty-nine men. This thesis will utilize a case study format in order to illustrate the crimes committed by this corporation. Previous literature covering the history of …

Editorial, Judith Rowbotham, Kim Stevenson, Samantha Pegg

SOLON Law, Crime and History (previously SOLON Crimes and Misdemeanours: Deviance and the Law in Historical Perspective)

No abstract provided.

Zealous Advocates: The Historical Foundations Of The Adversarial Criminal Defence Lawyer, Tom Smith

SOLON Law, Crime and History (previously SOLON Crimes and Misdemeanours: Deviance and the Law in Historical Perspective)

The place of the criminal defence lawyer in the modern criminal justice system is a given; every suspect and defendant expects full representation as a right. However, the defence lawyer appeared surprisingly late in the long and venerable history of the English and Welsh legal system. Notwithstanding the defence lawyer‟s role as advocate for the accused, this unique professional role involves a variety of duties and obligations. This article will focus on the historical development of these core „principles‟ of criminal defence as well as the expansion of the role in the general context of adversarialism.

Absent Fireguards And Burnt Children: Coroners And The Development Of Clause 15 Of The Children Act 1908, Vicky Holmes

SOLON Law, Crime and History (previously SOLON Crimes and Misdemeanours: Deviance and the Law in Historical Perspective)

Government intrusion into the homes of the working-classes gained momentum through the late nineteenth and early twentieth century. One hitherto unexamined piece of legislation that sought to regulate behaviour was a clause in the Children Act 1908 pertaining to the use of domestic fireguards. This transpired because of the outcry of coroners who conducted inquests into the deaths of children fatally burned in their homes, supposedly a safe refuge, a space constructed as a maternal responsibility. Coroners increasingly believed such accidents were a result of either maternal carelessness or negligence, especially those involving unguarded fires and absent mothers. Yet, limited …

Ay 2011/2012 Forms: Honors And Awards Council Awards List, Faculty Senate

Faculty Senate Archives

No abstract provided.

"U" Stands For Underutilization: The U Visa's Vulnerability For Underuse In The Sex Trafficking Context, Erin Bistricer

Cardozo Journal of Equal Rights & Social Justice

The U Visa, established in 2000 under the Violence Against Women Act (VAWA) reauthorization, was designed to provide legal status to victims of certain crimes, including sex trafficking, without fear of deportation. However, its implementation has been hindered by significant challenges, including delayed regulations, confusion among applicants, and reliance on law enforcement cooperation, which can be a barrier for traumatized victims. While the U Visa offers more flexibility than the T Visa by covering a broader range of crimes and requiring a lower standard of proof, its effectiveness is limited by factors such as annual caps, inadequate state anti-trafficking laws, …

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Convenient Scapegoats: Juvenile Confessions And Exculpatory Dna In Cook County, Illinois, Joshua A. Tepfer, Craig M. Cooley, Tara Thompson

Cardozo Journal of Equal Rights & Social Justice

The article examines the pervasive issue of false confessions, particularly among juveniles and mentally challenged individuals, which often lead to wrongful convictions. It underscores the critical role of DNA evidence in exonerating the innocent and highlights the need for systemic reforms in police interrogation practices and prosecutorial oversight. The analysis emphasizes the importance of transparency in evidence handling and the implementation of policies to prevent future injustices.

Predators In Paradise: Puerto Rico's Recent Sex Offender Problems And The Federal Government's Ill Suited Solutions, Adan Soltren

Cardozo Journal of Equal Rights & Social Justice

The note examines the challenges and implications of implementing the Adam Walsh Act (2006) in Puerto Rico, particularly its Sex Offender Registration and Notification Act (SORNA) provisions. It highlights Puerto Rico's noncompliance with SORNA due to its less stringent sex offender laws and the economic and policy concerns surrounding full adoption. The analysis critiques SORNA's one-size-fits-all approach, especially its treatment of juvenile offenders, and proposes tailored solutions for Puerto Rico to address these issues while maintaining public safety.

Abandoning Women To Their Rights: What Happens When Feminist Jurisprudence Ignores Birthing Rights, Rebecca A. Spence

Cardozo Journal of Equal Rights & Social Justice

The article argues that feminist jurisprudence has neglected the critical issue of birthing rights, failing to integrate them into legal scholarship and education. This omission leaves women vulnerable to violations of their autonomy and dignity during childbirth, as courts and legislatures often prioritize fetal interests and medical authority over women's rights. The article emphasizes the need for a more robust legal framework that protects women's rights to make autonomous decisions about their care, including access to midwifery and the right to refuse medical interventions.

Ain't I A Victim? The Intersectionality Of Race, Class, And Gender In Domestic Violence And The Courtroom, Geneva Brown

Cardozo Journal of Equal Rights & Social Justice

The legal system systematically fails to protect marginalized groups, particularly African American women, from intimate-partner violence due to entrenched race, gender, and class biases. These biases manifest in the courts' disregard for the unique experiences of African American women, as highlighted by Kimberlé Crenshaw's intersectionality theory. The article examines how systemic discrimination and the courts' failure to enforce protective orders perpetuate violence against this vulnerable population, emphasizing the lethal consequences of these failures. The analysis also critiques the Supreme Court's narrowing of constitutional protections in cases like DeShaney v. Winnebago County and Castle Rock v. Gonzales, which further erode …