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Reducing Incarceration For Youthful Offenders With A Developmental Approach To Sentencing, Samantha Buckingham

Loyola of Los Angeles Law Review

Current sentencing practices have proven to be an ineffective method of rehabilitating criminal defendants. Such practices are unresponsive to developmental science breakthroughs, fail to promote rehabilitation, and drain society’s limited resources. These deficiencies are most acute when dealing with youthful offenders. Incarcerating youthful offenders, who are amenable to rehabilitative efforts, under current sentencing practices only serves to ensure such individuals will never become productive members of society. Drawing on the author’s experiences as a federal public defender, studies in developmental psychology and neuroscience, and the Supreme Court’s recent line of cases that acknowledge youthful offenders’ biological differences from adult offenders, …

"Children Are Different": Implicit Bias, Rehabilitation, And The "New" Juvenile Jurisprudence, Robin Walker Sterling

Loyola of Los Angeles Law Review

In several recent Supreme Court decisions, the Court has expanded the protections available to juvenile offenders in the criminal justice system, based on adolescent brain development research demonstrating that children merit different considerations than adults. This Article chronicles the Court’s recent juvenile justice decisions from Roper v. Simmons to Miller v. Alabama, tracing the Court’s increasing reliance on the “children are different” rationale. But despite this resurgence in expanded protection for adolescents, youths of color have historically been excluded from the “children are different” philosophy. Dating back to the early nineteenth century, youths of color were subjected to disproportionate treatment …

Essay: Talking About Cruelty: The Eighth Amendment And Juvenile Offenders After Miller V. Alabama, Samuel H. Pillsbury

Loyola of Los Angeles Law Review

No abstract provided.

Legislating Neuroscience: The Case Of Juvenile Justice, Francis X. Shen

Loyola of Los Angeles Law Review

Neuroscientific evidence is increasingly being introduced in legal contexts, and neurolaw scholarship is correspondingly on the rise. Yet absent from neurolaw research to date are extended examinations of neuroscience in legislative domains. This Article begins to fill that gap with a focus on the illustrative case of neuroscience and juvenile justice in state legislatures. Such examination reveals distinctions between lab neuroscience, lobbyist neuroscience, and legislator neuroscience. As neuroscience narratives are constructed in the policy stream, normative questions arise. Without courtroom evidentiary rules to guide the use of neuroscience in legislatures, these questions are complicated. For instance, to what extent should …

Victim Participation At The Icc For Victims Of Gender-Based Crimes: A Conflict Of Interest?, Solange Mouthaan

Cardozo Journal of International and Comparative Law

The International Criminal Court (ICC) faces significant challenges in implementing victim participation as mandated by the Rome Statute, particularly in cases involving gender-based crimes. While victim participation is a groundbreaking feature of the ICC, its current system is overly burdensome, inconsistent, and ineffective, undermining the Court's core purposes of retribution, deterrence, and restorative justice. The ICC's reliance on state contributions for reparations and its failure to prosecute gender-based crimes vigorously further exacerbate these issues, raising concerns about fairness and efficiency in international criminal justice.

When Caring Is Work: Home, Health, And The Invisible Workforce: Introduction, Dianne Avery, Martha T. Mccluskey

Buffalo Law Review

This essay introduces the SUNY Buffalo Law School 2012 James McCormick Mitchell Lecture. The Lecture featured distinguished scholars Hendrik Hartog, Jennifer Klein, and Peggie R. Smith, who each contributed an essay to this volume. These three scholars give a richly detailed picture of home caretakers' struggles to gain visibility and support for their important work. Legal rulings and policy choices have made care workers distinctly vulnerable, treating care services as an expression of love rather than contract (as Hartog describes), or as social rehabilitation for marginal citizens rather than as skilled health care provision (as Klein explains), or as informal …

The Mall Reincarnate: Putting Faith In A Failed Mall, Barbara Burke

Architecture Senior Theses

I propose that there is a symbiotic way of addressing the aforementioned issues. Using the architecture of a discontinued shopping mall to agglomerate religious houses of worship will establish the opportunity or an environment that promotes religious pluralism, while repurposing infrastructural scar tissue. While seemingly disparate, the mall and the house of worship afford similar opportunities. First, they bring together like-minded people, fostering a sense of community. Second, they are both quasi-public facilities (privately-owned but publicly accessible). They are targeted to a specific demographic and require behavioral conduct. Both are designed to promote an atmosphere conducive to their activity, and …

Adding Up The "Butcher's Bill" - The Public Health Consequences Of America's System Of Gun Regulation, Edward W. Hill

All Maxine Goodman Levin School of Urban Affairs Publications

Adding up the “Butcher’s Bill”: The Public Health Consequences of the System of Gun Regulation in the United States examines trends in firearm’s related deaths, murders and injuries over time.

The Use Of Rhetoric In Public Relations: Kenneth Burke's Theory Of Identification And Consubstantiality, Chonticia Y. Jackson

Dissertations, Theses and Capstone Projects (Full IR Collection)

The purpose of this capstone portfolio is to demonstrate the importance and use of rhetoric in the field of public relations.

Analysis Of The Effects Of Georgia House Bill 1113 (2008): A Case Study Of The Georgia Institute Of Technology’S Department Of Internal Auditing, Patrick A. Jenkins

Dissertations, Theses and Capstone Projects (Full IR Collection)

Ethical behavior on the part of public administrators has been understood to be one of the guiding principles of public service. When public administrators decide to cross the line into behavior that is not only considered to be unethical but unlawful, they have not only put their own careers and livelihood in jeopardy, they have betrayed the public’s trust. Betrayal of the public trust by state and public university employees was one of the motivating forces behind Georgia House Bill 1113 (2008). This legislation which subsequently resulted in significant changes to the University System of Georgia’s policy regarding the reporting …

College Students’ Punitive Attitudes Toward Five Types Of Sex Offenders: Examining Factors That Influence Punitive Preferences, Kathryn T. Smith

Dissertations, Theses and Capstone Projects (Full IR Collection)

The purpose of this study is to examine college students’ punitive attitudes toward five different types of sex offenders. In addition, various factors that influence college students’ punitive attitudes will be measured in order to assess their significance. Surveys were administered to a total of 809 students at a large southern university. Through the utilization of descriptive vignettes, the survey measured students’ demographic, educational, attitudinal, and crime-related characteristics as well as recommended sanction and punishment preferences for five different sex offenders. The results suggest that college students’ punitive attitudes significantly differ based on sex offender characteristics. Through ordinary least squares …

Exploring The Extent To Which The Utilization Of Technology Has Facilitated The Increased Possession Of Online Child Pornography Over Time, Abby Lukas

Dissertations, Theses and Capstone Projects (Full IR Collection)

The possession and distribution of online child pornography is a growingly pervasive problem and its pessimistic effects and dimensions are far-reaching in today’s society. With the steady increase in these types of offenses, it is pertinent that a better understanding of this heinous crime is addressed through various research endeavors. A research avenue significantly lacking in regard to these types of crimes is the extent to which the utilization of technology is further facilitating these types of crimes. Thus, it is the objective of the present study to specifically address these issues with its relationship to technology. In order to …

Form And Functionality Of Playful Aggression In Young Adults, Catlin H. Dennis

Scripps Senior Theses

Ethological and developmental studies have demonstrated the presence and importance of playful aggression for primates and children; additional studies suggest that playful aggression is also present in adulthood but is adapted and incorporated into relationships in different ways than it previously was in childhood. Little is known about young adults’ perceptions of playful aggression in romantic relationships, especially among same-sex couples. This study investigated perceptions of aggression when the sexual orientation of the couple, the severity of aggression, and the response of the recipient, who was receiving the aggression, were manipulated in a series of scenarios. Young adults, ages 18 …

The Bg News April 01, 2013, Bowling Green State University

BG News (Student Newspaper)

The BGSU campus student newspaper. April 01, 2013. Volume 92-Issue 84.

Ipulse: April 2013, Lynn University

Student Newspapers

Issues:

• April 1, 2013
• April 2, 2013
• April 3, 2013
• April 4, 2013
• April 5, 2013
• April 8, 2013
• April 9, 2013
• April 10, 2013
• April 11, 2013
• April 12, 2013
• April 15, 2013
• April 16, 2013
• April 17, 2013
• April 18, 2013
• April 19, 2013
• April 22, 2013
• April 23, 2013
• April 24, 2013
• April 25, 2013
• April 26, 2013
• April 29, 2013
• April 30, 2013

School Day Start Times, Tennessee. Comptroller Of The Treasury.

Office of Research and Education Accountability

No abstract provided.

"This Is Not Just My Story; It's Part Of Who I Am": A Symbolic Interactionist Perspective Of Battered Women's Identity Negotiations, Jessica Edel Harrelson

Dissertations

Over the past several decades, domestic violence has increasingly received more attention from both academic and local communities. Despite this attention, it persists as a significant social problem, suggesting that a full understanding of battering is still lacking. This dissertation examines women’s lived experiences with battering, what effect abuse has on how they come to define and interact with themselves, and subsequent negotiations of identity that occur within their relationships. To accomplish this, I conducted multiple in-depth qualitative interviews with fourteen women that were being served by a domestic violence agency in a rural part of the Midwest.

Within a …

The Collegian (2013-04-01), Joe Molina

UTB/TSC Archives - The Collegian [Newspaper]

Vol. 65, No. 25

The Pillar: Newsletter Of The St. Mary's University School Of Law Center For Legal And Social Justice, St. Mary's University School Of Law

The Pillar

No abstract provided.

Instrumental And Noninstrumental Theories Of Tort Law, Richard A. Posner

Indiana Law Journal

American Association of Law Schools Torts & Compensation Systems Panel

The Transformative Potential Of Attorney Bilingualism, Jayesh M. Rathod

University of Michigan Journal of Law Reform

In contemporary U.S. law practice, attorney bilingualism is increasingly valued, primarily because it allows lawyers to work more efficiently and to pursue a broader range of professional opportunities. This purely functionalist conceptualization of attorney bilingualism, however, ignores the surprising ways in which multilingualism can enhance a lawyer's professional work and can strengthen and reshape relationships among actors in the U.S. legal milieu. Drawing upon research from psychology, linguistics, and other disciplines, this Article advances a theory of the transformative potential of attorney bilingualism. Looking first to the development of lawyers themselves, the Article posits that attorneys who operate bilingually may, …

White Collar Crime And Morality: How Occupation Shapes Perception, Marshall R. Schmidt Dr.

Department of Justice Studies Faculty Scholarship and Creative Works

White-collar crime is on the rise in the United States and globally. The general public has historically been seen as apathetic to white-collar criminals and their crimes; however more recent studies have shown that prior conclusions on perceptions of white-collar criminals may have been inaccurate. In this paper, I examine the role that occupation has in forming perceptions of white-collar criminals. Using Status Characteristics Theory, a structural social psychological theory that links an individual's status characteristics to evaluations of their morality, trustworthiness and competency, vignette experiments are constructed that allow for offender status and offense seriousness in various white collar …

Friends Of The Children: Portland Postsecondary Preparation Recommendations, Hillary Horn Montuori

Anthropology Theses

The process of defining "postsecondary success" is an integral part of preparing for it. Ultimately, postsecondary success begins as a goal within the formal education system because it denotes success after high school. But then we must ask, "What is the goal of that high school education?" In my time as a research intern with Friends of the Children (FOTC), concepts of productivity, access, and knowledge have all been central to answering this question. On one level, the question has a pragmatic answer: FOTC youth should be able to earn a living wage. On another level, the question is much …

Political Science News And Views, Spring 2013, Department Of Politics And Government

Department of Politics and Government News and Views

Newsletter of the Department of Politics and Government at Illinois State University

Domestic Terrorism: A Review Of The Literature, Portland State University. Criminology And Criminal Justice Senior Capstone

Criminology and Criminal Justice Senior Capstone Project

We begin our review with original definitions of domestic terrorism. The prevalence of domestic terrorism is discussed and includes a description of prevalence was measured. Characteristics of and factors associated with being a victim of domestic terrorism are then reviewed, followed by the characteristics of offenders associated with carrying out the crimes. We describe the modus operandi used by different groups of offenders, including information about the geographic distribution, temporal patterns, and other details of domestic terrorism. As a conclusion to the report, we also discuss prevention strategies, policy implications, and other ways to improve outcomes at the individual, community, …

Emotional, Social, And Cognitive Correlates Of Stalking And Intrusive Harassment, Allissa Marquez

Department of Psychology: Dissertations, Theses, and Student Research

Although stalking has been recognized as social problem for the last twenty years, few studies have examined the treatment needs or effectiveness with these persistent offenders. The dearth of information on appropriate intervention is in part related to the difficulty of operationalizing stalking behavior in empirical studies. Accordingly, the present study sought to examine clinically relevant indicators of functioning using both categorical and continuous definitions of stalking behavior. Two hundred and fifty male prisoners were surveyed about their engagement in intrusive and aggressive behaviors during a significant conflict, as well as their social, emotional, and cognitive functioning. Results indicated quantitative …

Transitional Justice And Its Role In Development In Post-Conflict Northern Uganda, Jessica Chirichetti

Independent Study Project (ISP) Collection

This study was completed during a 6-week period in Gulu District, Northern Uganda. The main objective of this study was to understand and analyze the various transitional justice mechanisms currently being used in post-conflict Northern Uganda. The researcher set out to hear the population’s general attitudes on justice and understand the challenges that hinder the justice process through the perspective of government officials (including opposition party members), NGO workers, lawyers, academics, and religious leaders. A specific focus was point on the compensation aspect of transitional justice since the region is suffering from severe under-development and poverty issues. This led to …

A Native Vision Of Justice, Carole Goldberg

Michigan Law Review

Although largely unheralded in its time, D'Arcy McNickle's The Surrounded has become a classic of Native American literature. When the University of New Mexico Press reissued the book in 1978, a year after McNickle's death, the director of Chicago's Newberry Library, Lawrence W. Towner, predicted (correctly) that it would "reach a far wider audience." Within The Surrounded are early stirrings of a literary movement that took flight several decades after the novel's first publication in the writings of N. Scott Momaday, Louise Erdrich, James Welch, Leslie Marmon Silko, and Gerald Vizenor, among others. All of these Native American authors share …

Criminal Justice, Local Democracy, And Constitutional Rights, Stephen J. Schulhofer

Michigan Law Review

Universally admired, and viewed with great affection, even love, by all who knew him, Harvard law professor Bill Stuntz died in March 2011 at the age of fifty-two, after a long, courageous battle with debilitating back pain and then insurmountable cancer. In a career that deserved to be much longer, Stuntz produced dozens of major articles on criminal law and procedure. He was a leader in carrying forward the work of scholars who had analyzed criminal justice through the lens of economic analysis, and he added his own distinctive dimension by insisting on the importance of political incentives, with their …

Waylaid By A Metaphor: A Deeply Problematic Account Of Prison Growth, John F. Pfaff

Michigan Law Review

The incarceration rate in the United States has undergone an unprecedented surge since the 1970s. Between 1925 and 1975, the U.S. incarceration rate hovered around 100 per 100,000. Since then, that rate soared to 504 in 2009, dropping only slightly to 500 in 2010. In absolute numbers, the U.S. prison population grew from 241,000 in 1975 to 1.55 million in 2010. Not just exceptional by historical standards, this boom is unparalleled globally: the United States has the highest incarceration rate in the world. Despite having just 5 percent of the world's population, it houses nearly 25 percent of the world's …