Digital Commons Network^™

Africa And The International Criminal Court: Collision Course Or Cooperation?, Charles Chernor Jalloh

Faculty Publications

The relationship between Africa and the International Criminal Court (ICC) was cordial for many years. However, since the decisions of the United Nations Security Council to invoke its special powers to impose the Court on Sudan and Libya, African States acting through their regional body - the African Union - have adopted numerous resolutions claiming that the ICC maybe impeding, rather than assisting, their efforts to restore peace in several ongoing conflicts and transitional situations on the continent. In this invited lecture, given as the first RJR Distinguished Visiting Professor Lecture at North Carolina Central University School of Law in …

Rethinking Voir Dire, Eric R. Carpenter

Faculty Publications

No abstract provided.

Striking A Fair Balance: Extended Juvenile Jurisdiction In North Dakota, Jennifer Albaugh, Haley Wamstad

North Dakota Law Review

No abstract provided.

The Contradictory Stance On Jury Nullification, Kenneth Duvall

North Dakota Law Review

No abstract provided.

Miranda's Hidden Right, Laurent Sacharoff

Hofstra Law Faculty Scholarship

When the Court in Miranda v. Arizona applied the Fifth Amendment "right to remain silent" to the stationhouse, it also created an inherent contradiction that has bedeviled Miranda cases since. That is, the Court in Miranda said that a suspect can waive her right to remain silent but also that she must invoke it. Numerous courts have repeated this incantation, including most recently last summer in Berghuis v. Thompkins. But how can both be true about the same right? Either the suspect has the right and can waive it or does not yet enjoy it and must therefore invoke it. …

Clinical Implications Of Wearing A Scarlet Letter: Sex Offender Public Policy, Tracy E. Shannon

Antioch University Dissertations & Theses

This dissertation outlines a mixed methods research approach to evaluate the clinical implications of sex offender public policies. Background information is given regarding current public policy on sex offender civil commitment and community notification and registration, the development of public policy and the current ramifications of the Sex Offender Registration Act (SORNA), the etiology and construction of the definition of sex offenders, and a review of sex offender interventions and their impact on therapeutic outcomes. This study examines the therapeutic and anti-therapeutic effects of SORNA using a therapeutic jurisprudence framework. A discussion of the correlation between mental health symptoms and …

Comparing Static-99 Scores Of Incarcerated White, Black, And Latino Sex Offenders, Michele O. Waldron

Antioch University Dissertations & Theses

Risk assessments contribute to sentencing and parole decisions, and thus are among the highest stakes assessments in the mental health field. The Static-99 has become a standard element of risk assessments for sex offenders, yet its norms and predictive accuracy have been established primarily with Caucasian samples, while the incarcerated population is disproportionately minority. Scoring of the Static-99 depends heavily on history of criminal offenses; if patterns of offenses differ along ethnic lines, the possibility that offense history should be understood to have ethnically-specific predictive validity (that is, the predictive significance of a given factor differs by ethnicity) becomes more …

The Reintegration Myth: An Interpretive Phenomenological Inquiry Into The Reentry Experiences Of Air Force Reservists Returning From Afghanistan, Brent French

Antioch University Dissertations & Theses

This project documents the 18-month reentry trajectory of nine (including the author) United States Air Force Reservists returning home from a six-month deployment to Afghanistan in 2009 and 2010. Compared with their Active Component peers, members of the Reserve Component are more likely to be diagnosed with adaptive disorders and have an elevated risk of unemployment, substance abuse, and suicide. Since a critical difference between Active and Reserve Component members is the dual-status of reservists as both military members and civilians, this project sought to better understand this duality within the context of nonpathological reentry. This required an interdisciplinary approach …

The Phenomenology Of Court-Ordered Treatment: From The Perspective Of Methamphetamine Dependent Adults, Justin Steffener

Antioch University Dissertations & Theses

This phenomenological study was designed to explore with a sample of methamphetamine dependent adults their perceptions of the process involved in their experiences of court-ordered treatment. The motivation for this study derives from the researcher's wish to unearth ways to better understand and support the needs of adults suffering from addiction. A significant amount of research has already been conducted in regards to the treatment of methamphetamine addiction from the standpoint of quantitative measurements of treatment outcomes, but limited information is presently available from the perspective of the suffers. The stringent selection of the sample was composed of six individuals …

A Leopard’S Tail: The Life And Work Of Alice Nderitu Of Kenya, Stephanie Chiu

Kroc IPJ Research and Resources

In the following pages, you will find narrative stories about a Woman PeaceMaker, along with additional information to provide a deep understanding of a contemporary conflict and one person’s journey within it. These complementary components include a brief biography of the peacemaker, a historical summary of the conflict, a timeline integrating political developments in the country with personal history of the peacemaker, a question-and-answer transcript of select interviews, and a table of best practices in peacebuilding as demonstrated and reflected on by the peacemaker during her time at the Joan B. Kroc Institute for Peace & Justice.

A commissioner in …

Don’T I Know You?: The Effect Of Prior Acquaintance/Familiarity On Witness Identification, James E. Coleman Jr., Theresa A. Newman, Neil Vidmar, Elizabeth Zoeller

Faculty Scholarship

No abstract provided.

Community Violence Initiative, 2013, Johnson Center

Research, Reports, and Publications

No abstract provided.

Public Housing Transformation And Resident Relocation: Comparing Destinations And Household Characteristics In Chicago, Mark L. Joseph

Faculty Scholarship

Nearly a decade after the start of the Chicago Housing Authority’s (CHA’s) Plan for Transformation, more than 16,000 households have been relocated into a variety of housing contexts, including new mixed-income developments, private rental housing subsidized with vouchers, scattered-site public housing units, and rehabilitated 100-percent public housing developments. Using administrative data from the CHA and a number of state agencies, we compare the characteristics of residents who ended up in the different housing contexts and examine differences in their current well-being. Counter to expectations, our analysis reveals no evidence of any sorting of higher functioning households into new mixed-income developments …

The New Politics Of Hate? An Assessment Of The Appeal Of The English Defence League Amongst Disadvantaged White Working- Class Communities In England, Jon Garland, James Treadwell

Journal of Hate Studies

Since the summer of 2009 in the United Kingdom there have been a number of violent clashes amongst white and south Asian males, antifascist demonstrators, and the police. These disturbances have centred around the activities of a new far-right grouping, the English Defence League (EDL), which claims to oppose ‘radical Islam’. This article charts the growth of the EDL and examines its motivations and ideologies. It argues that the increasing influence of this organisation reflects wider socio-economic and political processes, and in particular needs to be understood in light of the contemporary state of ‘post-politics’ in which the UK is …

Defining Characteristics And Politicising Victims: A Legal Perspective, Jennifer Schweppe

Journal of Hate Studies

Legislatures worldwide experience the same problem in drafting or amending hate crimes statutes: How is it possible to discriminate between victim groups, and which groups are worthy of legislative protection? This article explores some of the experiences of legislatures, highlighting the political inconsistencies which go on to shape the legal system. It focusses on the experience of a number of common law jurisdictions, and seeks to establish a normative platform from which hate crimes statutes can be based, drawing on the legislative experiences of the United States. This platform draws on two other areas of law, particularly the criminal defence …

What Is Aggression?: Comparing The Jus Ad Bellum And The Icc Statute, Mary Ellen O'Connell, Mirakmal Niyazmatov

Journal Articles

Under the international law on resort to force, the jus ad bellum, any serious violation of the United Nations Charter prohibition on the use of force amounts to aggression. Despite a close connection for over a century between the prohibition on aggression by states and the crime of aggression for which individuals may be held accountable, delegates to the 2010 International Criminal Court Review Conference in Kampala, Uganda felt compelled to bifurcate the two prohibitions and reach a compromise. Today, the ICC Statute contains a detailed provision on the crime of aggression, but with a byzantine procedure for entry into …

Redefining The Black Face Of Affirmative Action: The Impact On Ascendant Black Women, Kevin D. Brown, Renee E. Turner

Articles by Maurer Faculty

The racial and ethnic ancestries of blacks benefiting from affirmative action is changing, as foreign-born blacks and blacks with a non-black parent constitute disproportionately large percentages of blacks attending many selective higher education institutions. Coupled with the challenges arising from the educational achievement levels of black males during the past two decades, Brown and Turner examine the implication of these developments and the likelihood that they are creating further disadvantages for black women lawyers.

The Consequences Of A "War" Paradigm For Counterterrorism: What Impact On Basic Rights And Values?, Laurie R. Blank

Georgia Law Review

Policy makers have used the rhetoric of "war"
throughout the past century to describe a major
governmental or societal effort to combat an evil that
threatens society, national security or other communal

good. It is both a rhetorical tool and a resource
mobilization, and above all a coalescing of authority to
meet the challenge, whether poverty, drugs or-most
recently-terrorism. Soon after 9/11 made al Qaeda a
household word, the Bush Administration characterized
U.S. efforts to defeat al Qaeda as the "War on Terror."
Here, however, the terminology of "war" goes far beyond
rhetoric, resource re-allocation and centralizing of
authority. When …

In Defense Of Punishment Theory, And Contra Stephen: A Reply To Degirolami, Chad W. Flanders

All Faculty Scholarship

Marc DeGirolami’s searching recent essay in this Journal is — appropriately enough — hard to categorize, or even to summarize. It aims to criticize the rise of “theory” in the academic study of criminal punishment, but it does not stop at merely being critical. Rather, it attempts to revive the thought of James Fitzjames Stephen,and also to urge a better way of looking at the study of punishment: one that is more historically oriented as well as more pluralist. Stephen’s thought, DeGirolami complains, has been misunderstood and flattened, andit is our loss. We have lost not only the views of …

Defining Federal Crimes – Chapters 2-4, Daniel C. Richman, Kate Stith, William J. Stuntz

Faculty Scholarship

These are three chapters from a forthcoming Federal Criminal Law casebook that will focus on institutional interactions – between Congress and the courts; the courts and prosecutors, and among elements within the federal enforcement bureaucracy. Chapter 2 focuses on criminal jurisdiction under the Commerce Clause. Chapter 3 generally considers how separation of powers issues play out in the interpretation of federal criminal statutes. Chapter 4 explores mail and wire fraud.

Edison State College General Catalog 2011-2012, Edison State College

FSW Course Catalogs

Edison State College General Catalog Volume Fifty. 2011-2012. Scanned by Internet Archive.

On The American Paradox Of Laissez Faire And Mass Incarceration, Bernard E. Harcourt

Faculty Scholarship

In The Illusion of Free Markets (Harvard 2011), Professor Bernard Harcourt analyzes the evolution of a distinctly American paradox: in the country that has done the most to promote the idea of a hands-off government, we run the single largest prison complex in the entire world. Harcourt traces this paradox back to the eighteenth century and demonstrates how the presumption of government incompetence in economic affairs has been coupled with that of government legitimacy in the realm of policing and punishing. Harcourt shows how these linked presumptions have fueled the expansion of the carceral sphere in the nineteenth and twentieth …

Are The Mara Salvatrucha And 18th Street Gangs A Threat To Our National Security, Josã© A. Ortiz

All-Inclusive List of Electronic Theses and Dissertations

This study focuses on the two predominantly Latino gangs, Mara Salvatrucha (aka MS-13), and the 18th Street Gang, operating on the streets of communities across America. This study is significant because it will provide information about how these violent gangs operate in ways that can inform and alert both civilian society and government agencies concerning optimal responses to the problems created by these gangs. Through a quantitative and qualitative analysis of documentary evidence and governmental statistics about the Mara Salvatrucha and 18th Street Gang, this study developed several conclusive findings on the negative effects of these groups in the United …

Library Annual Report

Library Annual Reports

No abstract provided.

Contextualizing Regimes: Institutionalization As A Response To The Limits Of Interpretation And Policy Engineering, Charles F. Sabel, William H. Simon

Faculty Scholarship

When legal language and the effects of public intervention are indeterminate, generalist lawmakers (legislatures, courts, top-level administrators) often rely on the normative output of contextualizing regimes – institutions that structure deliberative engagement by stakeholders and articulate the resulting understanding. Examples include the familiar practices of delegation and deference to administrative agencies in public law and to trade associations in private law. We argue that resorting to contextualizing regimes is becoming increasingly common across a broad range of issues and that the structure of emerging regimes is evolving away from the wellstudied agency and trade association examples. The newer regimes mix …

National Security Federalism In The Age Of Terror, Matthew C. Waxman

Faculty Scholarship

National security law scholarship tends to focus on the balancing of security and liberty, and the overwhelming bulk of that scholarship is about such balancing on the horizontal axis among branches at the federal level. This Article challenges that standard focus by supplementing it with an account of the vertical axis and the emergent, post-9/11 role of state and local government in American national security law and policy. It argues for a federalism frame that emphasizes vertical intergovernmental arrangements for promoting and mediating a dense array of policy values over the long term. This federalism frame helps in understanding the …

Why Do Criminals Obey The Law? The Influence Of Legitimacy And Social Networks On Active Gun Offenders, Andrew V. Papachristos, Tracey L. Meares, Jeffery Fagan

Faculty Scholarship

Research on procedural justice and legitimacy suggests that compliance with the law is best secured not by mere threat offorce, but by fostering beliefs in the fairness of the legal systems and in the legitimacy of legal actors. To date, however, this research has been based on general population surveys and more banal types of law-violating behavior (such as unpaid parking tickets, excessive noise, etc.). Thus, while we know why the average citizen obeys the law, we do not have similar knowledge about populations most likely to commit serious violent crimes. This study fills that void by using a unique …

Keynote: The Crisis And Criminal Justice, Bernard Harcourt

Faculty Scholarship

There has been a lot of recent debate over whether the economic crisis presents an opportunity to reduce prison populations and improve the state of criminal justice in this country. Some commentators suggest that the financial crisis has already triggered a move towards reducing the incarcerated population. Some claim that there is a new climate of bipartisanship on punishment. Kara Gotsch of the Sentencing Project, for example, suggests that we are now in a unique political climate embodied by the passage of the Second Chance Act under President George W. Bush – a climate that is substantially different than the …

Overcriminalization For Lack Of Better Options: A Celebration Of Bill Stuntz, Daniel C. Richman

Faculty Scholarship

The unity of Bill Stuntz's character – his profound integrity – makes it easy to move from a celebration of his friendship (which I’ve treasured since we first met back in 1985) to one of his scholarship, for creativity, wisdom, and humility are strengths not just of Bill himself but of his work. Even as his broad brush strokes have fundamentally advanced our understanding of the interplay between substantive criminal law, criminal procedure, and criminal justice institutions over time, Bill's work – like Bill himself – welcomes and endures sustained engagement. Humility is appropriate for me, too, as I offer …

Osgoode Syllabus Of Courses And Seminars: 2012 - 2013, Office Of Student Services

Syllabi

No abstract provided.