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Vol. 4 No. 2, Spring 2013; The “Cowardly Counsel” Exception: Eliminating The Contemporaneous Objection Rule, Elizabeth George

Northern Illinois Law Review Supplement

The contemporaneous objection rule is very clear and precise in its application. However, as the law stands in the Ninth Circuit, failure to contemporaneously object coupled with any mention of race by the sentencing judge is automatic grounds for resentencing. This article explores the origins of this exception to the contemporaneous objection rule. Next, it explores why these statements constitute harmless error on the part of the trial court. Finally, it explains why this “cowardly counsel” exception could have potentially devastating effects to the policies that underlie the contemporaneous objection rule.

Not-So-Sweet Sixteen: When Minor Convictions Have Major Consequences Under Career Offender Guidelines, Andrew Tunnard

Vanderbilt Law Review

This Note looks beyond the circuit split to the larger juvenile justice issues implicated by these sentencing practices. Part II provides a brief overview of the juvenile justice system, juvenile transfer statutes, and the Guidelines. Part III explores the interpretive issues that have led to this circuit split. Part IV explains why resolving this circuit split requires more than choosing one side, and expands the discussion by analyzing the impact of recent judicial and scientific trends on the treatment of juvenile offenders in the adult system. Part V proposes that convictions occurring before the age of eighteen should not be …

An Implementation Evaluation Of An Actuarial Risk Assessment Instrument, James Robert Johnson

Dissertations

As a result of years of legislation aimed at getting tough on crime, the United States now boasts some remarkable and unenviable statistics. Today, one in every 45 adults in the United States is under some form of community supervision (Pew Center, 2009). At a time when states are facing budget crises that have not been seen in decades, state leaders have an opportunity to both cut costs and improve public safety by focusing community supervision resources on higher-risk offenders through evidence-based practices (Austin, 2007; Latessa, 2003; MacKenzie, 2000; Pew Center, 2009).

Risk assessment is the critical first step …

Jailbreakers, Villains, And Vampires: Representations Of Criminality In Early-Victorian Popular Texts, Elizabeth Fay Stearns

English - Dissertations

In Jailbreakers, Villains, and Vampires: Representations of Criminality in Early-Victorian Popular Texts, I analyze moments of discursive dissonance that emerge through the juxtaposition of early-Victorian theories of criminality and representations of criminals in popular culture. In the 1830s and 1840s in England, methods for managing criminals underwent a series of revisions that corresponded to shifts in prevailing theories about the nature and course of criminal behavior. Assumptions that criminality was volitional, or that it originated in an individual's deficient self-discipline, gradually shifted into perceptions that criminality was pathological, and that malefactors were naturally brutish and incorrigible. Predominant conceptions of …

Fpehs, May 2013 Newsletter, Farmville-Prince Edward Historical Society

Historical Society Newsletters

No abstract provided.

Deceiving Others After Being Deceived: Lying As A Function Of Descriptive Norms, William F. Johnson

Psychology Honors Projects

Previous research has found that being lied to makes a person more likely to respond with deception in a reciprocal manner. I hypothesize that lying instead creates a descriptive norm. Thus, a person being lied to will lie not only to the person who lied to them, but in new conversations with new people. Within a mock job interview, participants were lied to by one confederate, and then given the chance to lie to a second confederate. Being lied to did not produce significantly more lies, favoring existing theory that lying is reciprocal and not transitive.

Guns Of Fortune: How Guns Move To Fulfill Demand, Michael J. Coates

Senior Honors Projects

Legislators face a compelling dilemma, how can they decrease the prevalence of gun violence? Cities and States around the United States have laws intended to prevent violent criminals from acquiring and using weapons, but it remains debatable whether these laws are effective.

This study posits that guns are subject to the laws of supply and demand and the variable gun laws in states across the country decreases the effectiveness of local and state gun legislation. In short, guns are trafficked across state lines to meet demand in states with stricter gun laws.

Data for the study was collected from the …

Reducing California's Overcrowded Prison Population, Morgan Macdonald

Themis: Research Journal of Justice Studies and Forensic Science

This paper evaluates how “tough on crime” sentencing policies have influenced California's prison population. Several laws which make up the state's strict criminal justice practices were passed over the course of forty years without consideration for their impact on the state's budget and safety. Beginning with the Uniform Determinate Sentencing Act of 1976, the state has created an unsustainable prison system that will dissolve without increased public funding. However, California’s depleted economic condition has forced policymakers to reevaluate the state's criminal justice agenda, while complying with the three- judge court order to reduce its incarcerated population to 137.5 percent of …

Confirmation Bias: The Pitfall Of Forensic Science, Scott Moser

Themis: Research Journal of Justice Studies and Forensic Science

As it stands, forensic science and its practitioners are held in high regard in criminal court proceedings due to their ability to discover irrefutable facts that would otherwise go unnoticed. Nevertheless, forensic scientists can fall victim to natural logical fallacies. More specifically, confirmation bias is “a proclivity to search for or interpret additional information to confirm beliefs and to steer clear of information that may disagree with those prior beliefs” (Budlowe et al., 2009, p. 803). To restore the integrity of the forensic sciences, the sources of confirmation bias need to be identified and eliminated. Accordingly, empirical studies have given …

Table Of Contents, California Western Law Review

California Western Law Review

No abstract provided.

Pittsburg State University Annual Commencement, May 2013, Pittsburg State University

Commencement, 1903-Present

Program of undergraduate and graduate commencement exercises at Pittsburg State University on May of 2013

Not Quite Out On The Streets: Examining Protective And Risk Factors For Housing Insecurity Among Low-Income Urban Fathers, Colleen E. Wynn

Masters Theses & Specialist Projects

It has long been acknowledged that housing is essential for access to employment, social services, healthcare, and other forms of assistance that help move people out of poverty. Through identifying dimensions of housing insecurity, policymakers, as well as researchers, will have a better understanding of the protective factors that make families more secure and the risk factors that raise their level of insecurity. These analyses use resident and non-resident, low-income, urban fathers’ responses to the five publicly available waves of the Fragile Families and Child Wellbeing (n = 4378) dataset to examine the relationship between protective and risk factors and …

Forensic Investigation Of Stamped Markings Using A Large-Chamber Scanning Electron Microscope And Computer Analysis For Depth Determination, Eric Douglas Jones

Masters Theses & Specialist Projects

All firearms within the United States are required by the Gun Control Act to be physically marked with a serial number; which is at least 0.003” in depth and 1/16” in height. The purpose of a serial number is to make each firearm uniquely identifiable and traceable. Intentional removal of a serial number is a criminal offense and is used to hide the identity and movements of the involved criminal parties. The current standard for firearm serial number restoration is by chemical etching; which is time & labor intensive as well as destructive to the physical evidence (firearm). It is …

Against Proportional Punishment, Adam J. Kolber

Vanderbilt Law Review

Many criminal defendants are held in detention while they await trial. Though conditions in pretrial detention are much like those in prison, detention is technically not punishment. Since detainees are merely accused of crimes, they are presumed innocent.' Their detention is not intended to punish them, and so, the Supreme Court has said, it is not punishment at all. Rather, detention is a means of promoting public safety, reducing witness intimidation, and preventing people accused of crimes from fleeing before trial. Nevertheless, defendants who are convicted generally receive credit at sentencing for time served in pretrial detention. An offender who …

Well-Being Analysis Vs. Cost-Benefit Analysis, Jonathan Masur, John Bronsteen, Christopher Buccafusco

Articles

Cost-benefit analysis (CBA) is the primary tool used by policymakers to inform administrative decisionmaking. Yet its methodology of converting preferences (often hypothetical ones) into dollar figures, then using those dollar figures as proxies for quality of life, creates significant systemic errors. These problems have been lamented by many scholars, and recent calls have gone out from world leaders and prominent economists to find an alternative analytical device that would measure quality of life more directly. This Article proposes well-being analysis (WBA) as that alternative. Relying on data from studies in the field of hedonic psychology that track people's actual experience …

Female Sex Offenders: Public Awareness And Attributions, Calli M. Cain

Criminology and Criminal Justice Theses and Dissertations

Researchers have suggested that there is a code of denial associated with sex offenders that are female. Sexual victimizations by women may go unnoticed or unreported if there is a general lack of awareness that females commit these crimes. This thesis used data from the 2012 Nebraska Annual Social Indicators Survey to examine two primary questions. First, does the public think females are capable of sexually offending? Second, what are the causes attributed to female sex offenders by the public? Researchers, media, and politicians have primarily focused on male sex offenders and existing gender stereotypes held by the public introduce …

Not Cutting It: The Fourth Circuit's Misapplication Of Section 4b1.2(A)(2) Of The Sentencing Guidelines In Mobley V. United States, Joseph T. Polonsky

North Carolina Law Review

No abstract provided.

Support Of Police Consolidation : Assessing The Impact Of Perceived Complexity., John C. Reed 1956-

Electronic Theses and Dissertations

This dissertation is an examination of how police officers' perceptions of the complexity in merging Organizational Change Components (OCCs) related to the consolidation of the Louisville Division of Police (LDP) and Jefferson County Police Department (JCPD) in 2003 impact support for police consolidation. This study focused on five primary OCCs: 1) culture(s), 2) policies and procedures, 3) communications, 4) collective bargaining contracts, and 5) re-defining patrol division boundaries. The population consisted of officers who were currently employed by the Louisville Metro Police Department (LMPD) and were affiliated with either the former LDP or the JCPD in 2003 when these departments …

Forgotten Fathers, Daniel L. Hatcher

All Faculty Scholarship

Poor fathers like John are largely forgotten, written off as a subset of the unworthy poor. These fathers struggle with poverty – often with near hopelessness – within multiple systems in which they are either entangled or overlooked, such as child-support and welfare programs, family courts, the criminal justice system, housing programs, and the healthcare, education, and foster-care systems. For these impoverished fathers, the “end of men” is often not simply a question for purposes of discussion but a fact that is all too real. In the instances in which poor fathers are not forgotten, they are targeted as causes …

The Hidden Costs Of Terrorist Watch Lists, Anya Bernstein

Articles

No abstract provided.

Williams V. Illinois: Confronting Experts, Science, And The Constitution, Natasha Crawford

Mercer Law Review

DNA evidence has revolutionized forensic science, making it the "single greatest advance in the search for truth.., since the advent of cross-examination." In Williams v. Illinois, the United States Supreme Court affirmed the Illinois Supreme Court's holding that there was no Confrontation Clause violation where experts based their testimony on another analyst's DNA report that was not admitted into evidence. The Court held an expert may assume the truth of certain facts-such as a DNA profile contained in a forensic report-to offer testimony based on those facts without testifying to the truth of the matter asserted. Until Williams, the …

The Proposed Fairness In Disclosure Of Evidence Act Of 2012: More Cons Than Pros With Proposed Disclosure Requirements In Federal Criminal Cases, Jacquelyn Smith

Mercer Law Review

The proposed Fairness in Disclosure of Evidence Act of 2012 (the Act) is a proposal of uniform standards for disclosing evidence in federal criminal cases that was introduced on March 15, 2012 by Senator Lisa Murkowski of Alaska.' The Act's stated purpose is: "To require the attorney for the Government to disclose favorable information to the defendant in criminal prosecutions brought by the United States, and for

S.M.I.L.E. (Success Means Initiating Life Everyday), Charisma C. Dupree

Creativity and Change Leadership Graduate Student Master's Projects

Abstract:

Motivation exists as an important aspect of our lives. Motivation comes in two main forms, intrinsic and extrinsic motivation. No matter the type motivation employed, at some point we all experience motivation to help achieve our goals and in order to reach success in any capacity. The use of Creative Problem Solving (CPS) can also help in the process of motivation and succeeding. When the going gets tough, it is imperative to SMILE – Success Means Initiating Life Everyday.

Adults' Alcohol Consumption Behaviour And Support For Restrictions On Youth-Oriented Alcohol Advertisements, Sandina Begic, Elsa K. M. Howard, Theodore W. Mcdonald

Public and Population Health Faculty Publications and Presentations

Research suggests that underage drinking is a serious problem in the United States, and that many of the factors that influence minors to consume alcohol are environmental in their nature. One such factor is youth-oriented alcohol advertisements. Although many adults support restrictions on such advertisements, others do not or do so to a lesser degree. In this study, we explored one factor that may influence how strongly adults support restrictions on youth-oriented alcohol advertisements: The frequency with which adults themselves report consuming alcoholic beverages. A total of 767 adult Idahoans completed a survey asking about a variety of perceptions related …

Undergraduate And Graduate Course Descriptions, 2013 Summer, Wright State University

Course Descriptions

Wright State University undergraduate and graduate course descriptions from Summer 2013.

Community Leader, Vol. 11, No. 03, University Of Dayton. Fitz Center For Leadership In Community

Newsletter: Community Leader

News and notes from the University of Dayton Fitz Center for Leadership in Community.

Integrating Social Emotional Learning Into Secondary Curriculum, Marilyn Janette Lindsay

Dissertations, Masters Theses, Capstones, and Culminating Projects

When students are able to cope with, manage and maneuver the social and emotional landscapes of their lives, their ability to learn on all levels improves. Teaching Social / Emotional Learning (SEL), as a component of secondary education, not only increases academic performance, but prepares students to meet the challenges of lifelong learning in a changing global society. Currently, students are so busy passing tests that measure their capacity for logical, analytical and objective reasoning, it leaves little time for developing self-awareness, social awareness, and the ability to cope with ambiguous situations, to adapt, to learn how to learn and …

The Right To Appeal, Cassandra Burke Robertson

North Carolina Law Review

No abstract provided.

Should Interpreters Be Trained And Tested In Telephone And Video-Link Interpreting? Responses From Practitioners And Examiners, Jim Hlavac

International Journal of Interpreter Education

This article focuses on the use of telephone and video-link technology in interpreting, presenting data from current research as well as from surveys conducted with practicing interpreters and examiners. The surveys asked interpreters to report on their own experiences using such technologies and asked examiners for their impressions of the technologies’ suitability as components of training and testing for certification. Technological advances in the means of audio and audiovisual communication are now being trialed in interpreted interactions, but most research reveals that increased use of technology accompanies rather than forms a part of the interlingual transfer. Responses from two groups …

Giving Teeth To Refusal Rights In The Interstate Agreement On Detainers After United States V. Pleau;Note, Christopher Rapking

Journal of Legislation

No abstract provided.