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Juvenile Life Without The Possibility Of Parole: Constitutional But Complicated, Christopher A. Mallett

Social Work Faculty Publications

The Supreme Court's recent decision in Miller v. Alabama found that juvenile life without the possibility of parole sentences for homicide crimes was unconstitutional if mandated by state law. Thus, allowing this sentence only after an individualized decision determines the sanction proportional given the circumstances of the offense and mitigating factors. This decision, for a number of reasons, does not go far enough in protecting those youthful offenders afflicted with maltreatment victimizations, mental health problems, and/or learning disabilities - all potential links for some adolescents to serious offending and potentially homicide. While the Supreme Court has not protected these youthful …

General Undergraduate Catalog, 2013-2014, Marshall University

Marshall University Catalogs 2010-2019

Marshall University Undergraduate Course Catalog for the 2013-2014 academic year.

Graduate Catalog, 2013-2014, Marshall University

Marshall University Catalogs 2010-2019

Marshall University Graduate Course Catalog for the 2013-2014 academic year.

Nordp News 3.1, National Organization Of Research Development Professionals, Rachel Dresbeck (Ed.), Katie Wilkes (Ed.)

Research Development Repository

This is an upload of a past issue of the NORDP News Newsletter. The table of contents includes:

• 5th Annual NORDP Conference in Austin, Texas
• President’s Corner
• Member Transitions
• Day-to-Day Best Practices in Academic Communication
• What Exactly Do You Do?
• Photos from the 2012 NORDP Conference
• Job Sampler

Smilansky, Arneson, And The Asymmetry Of Desert, Jeffrey Moriarty

Philosophy Faculty Publications

Desert plays an important role in most contemporary theories of retributive justice, but an unimportant role in most contemporary theories of distributive justice. Saul Smilansky has recently put forward a defense of this asymmetry. In this study, I argue that it fails. Then, drawing on an argument of Richard Arneson’s, I suggest an alternative consequentialist rationale for the asymmetry. But while this shows that desert cannot be expected to play the same role in distributive justice that it can play in retributive justice, it does not fully vindicate the asymmetry, since desert can still play an important role in the …

Barriers To Seeking Campus Therapeutic Services For Sexual Assault, Caitlin A. Martin

ETD Archive

Previous research has found that the majority of sexual assault survivors do not receive therapeutic treatment for their traumatic experience(s), despite the detrimental psychological effects sexual assault can produce (e.g. Kimerling & Calhoun, 1994 Koss & Harvey, 1991 New & Berliner, 2000). The present study examines potential barriers to seeking campus therapeutic services in college women who have experienced sexual assault (or hypothetical sexual assault among those with no history of sexual assault). Overall, knowledge about sexual assault services on campus was quite limited. Knowledge of the location of the campus counseling center was related to an increased likelihood of …

New Light And Old Shadows: John G. Turner’S Attempt To Understand Brigham Young, Craig L. Foster

Interpreter: A Journal of Latter-day Saint Faith and Scholarship

Brigham Young has repeatedly been described as larger than life and most people, critics and supporters, would agree. Brigham Young (1801–1877), second president of The Church of Jesus Christ of Latter-day Saints, led the Saints like a modern- day Moses from the turmoil of Nauvoo to the Great Basin. He then oversaw the settlement of over three hundred communities in the intermountain west. He directed the growth and development of the LDS Church and left an indelible mark on both Mormonism and the western United States. Brigham Young was, indeed, larger than life.

The Impact Of The Criminalization Of Hiv Non-Disclosure On The Health And Human Rights Of “Black” Communities, Ciann L. Wilson

Psychology Faculty Publications

The criminalization of HIV non-disclosure has become a hot topic for discussion and debate amongst human rights advocates, HIV/AIDS service providers, and people infected and affected by HIV/AIDS. This paper explores the inherent problems with HIV non-disclosure laws. These laws are ambiguous and pose a serious threat to public health policy and programming by obstructing the fundamental human rights of people infected and affected by HIV/AIDS. Using a human rights framework, this paper explores the impact of non-disclosure laws on the health and rights of African, Caribbean, and Black-Canadian communities and proposes ways to address the shortcomings of HIV non-disclosure …

How Do Interviewers And Children Discuss Individual Occurrences Of Alleged Repeated Abuse In Forensic Interviews?, Sonja P. Brubacher, Lindsay C. Malloy, Michael E. Lamb, Kim Roberts

Psychology Faculty Publications

Police interviews (n = 97) with 5- to 13-year-olds alleging multiple incidents of sexual abuse were examined to determine how interviewers elicited and children recounted specific instances of abuse. Coders assessed the labels for individual occurrences that arose in interviews, recording who generated them, how they were used, and other devices to aid particularisation such as the use of episodic and generic language. Interviewers used significantly more temporal labels than did children. With age, children were more likely to generate labels themselves, but most children generated at least one label. In 66% of the cases, interviewers ignored or replaced …

You Can't Get There From Here: Elderly Prisoners, Prison Downsizing, And The Insufficiency Of Cost Cutting Advocacy, Elizabeth Rapaport

Faculty Scholarship

The prison population in the United States has peaked and begun to recede, reversing more than 30 years of growth. Mass incarceration is yielding to the imperative to reduce state budgets in recessionary times. As states turn away from the extravagant use of prison for nonviolent offenders, the percentage of the prison population serving long and life sentences for violent felonies will increase. By 2009 one in eleven prisoners were lifers. These are the prisoners growing old and dying in prison. High cost elderly prisoners who have aged out of crime should be good candidates for cost saving measures such …

Fear Of Crime, Incivilities, And Collective Efficacy In Four Miami Neighborhoods, Marc L. Swatt, Sean P. Varano, Craig D. Uchida, Shellie E. Solomon

Justice Studies Faculty Publications

Purpose: Extant literature indicates that individual perceptions of collective efficacy and incivilities are important in explaining fear of crime. These studies, however, often implicitly assume that the relationships between key variables do not differ between neighborhoods. The purpose of this research is to examine the relationship between perceptions of collective efficacy, perceptions of incivilities, and fear of crime and determine whether these relationships are constant between neighborhoods.

Methods: Surveys were conducted using a sample of residents from four neighborhoods within Miami-Dade County. Structural equation models were used to examine the relationships between perceptions of collective efficacy, perceptions of incivilities, and …

Neon, Winter 2013-2014

NEOPA Newsletters

No abstract provided.

A Global Comparison Of Insider Trading Regulations, James H. Thompson

All Faculty Scholarship for the College of Business

As the business world continues to expand in global markets, trading of shares, bonds, derivatives and other instruments continues to increase. One form of trading that has received considerable interest in recent years is insider trading. Insider trading occurs when individuals with potential access to non-public information about a corporation buy or sell stock of that corporation. When the information is material and non-public, such trading is illegal. However, if the trading is done in a manner that does not take advantage of non-public information, it is often permissible. This study compares insider trading laws, penalties, and convictions in countries …

Biblical Principles Of Government, Kahlib Fischer

Faculty Publications and Presentations

The following article seeks to provide an overview of the key ideas and themes of Scripture which relate to the realm of government. The safest way to find Biblical principles is to avoid using just one verse here and there which “seems” to fit, and instead to look for general principles which are evident throughout Scripture and to apply those principles accordingly. The discussion below illuminates major Biblical themes and then provides points of application.

Civic Education As An Instrument Of Social Mobility, Dawinder S. Sidhu

Faculty Scholarship

Economic inequality—the relative distance between the wealthy and the poor—is growing in the United States. Relatedly, social mobili-ty—the opportunity to rise economically—has stalled for many in the nation. This is most true for the urban poor, who experience extreme poverty and are trapped in American inner cities. Meaningful economic opportunity and robust public educational support are among the tradi-tionally discussed means by which the urban poor may attain enhanced economic and physical mobility. The question becomes whether civic education—an understanding of the structure and contents of the U.S. Constitution and of the American government more broadly—has any-thing to offer in …

Gender Differences In Substance Use Treatment Utilization In The Year Prior To Deployment In Army Service Members, Nikki R. Wooten, Beth A. Mohr, Lena M. Lundgren, Rachel Sayko Adams, Elizabeth L. Merrick, Thomas V. Williams, Mary Jo Larson

United States Army: Publications

Although military men have heavier drinking patterns, military women experience equal or higher rates of dependence symptoms and similar rates of alcohol-related problems as men at lower levels of consumption. Thus, gender may be important for understanding substance use treatment (SUT) utilization before deployment. Military health system data were analyzed to examine gender differences in both substance use diagnosis (SUDX) and SUT in 152,447 Army service members returning from deployments in FY2010. Propensity score analysis of probability of SUDX indicated that women had lower odds (AOR: 0.91, 95% CI: 0.86-0.96) of military lifetime SUDX. After adjusting for lifetime SUDX using …

Training Faculty To Adopt The Ignatian Pedagogical Paradigm, Ipp And Its Influence On Teaching And Learning: Process And Outcomes, Maureen Mcavoy

College of Professional Studies Faculty Research and Publications

This is the second of two articles describing the action research undertaken by the three trainees and their trainer (author of this article). After formal training, the training team integrated the Ignatian Pedagogical Paradigm (IPP) into their undergraduate courses from fall of 2010 through May 2013 in the College of Professional Studies (CPS) at Marquette University in Milwaukee, Wisconsin. The first article was published in this journal in fall 2012 and provided a narrative describing the faculty development process, predicated on the five constructs of the IPP: Context, Experience, Reflection, Action and Evaluation. This article includes a full description of …

Countervailing Parental Monitoring On Teenage Deviance, Cheng-Hsien Lin

Contemporary Issues in Juvenile Justice

No abstract provided.

The Boston Miracle Version 2.0: The Organizing Role Of Technology In The Boston Police Department's Community Problem Solving Strategy, Michael J. Jenkins

Contemporary Issues in Juvenile Justice

No abstract provided.

Editor’S Statement, David Polizzi

Journal of Theoretical and Philosophical Criminology

No abstract provided.

Can One Paint Criminology?, Ronnie Lippens

Journal of Theoretical and Philosophical Criminology

No abstract provided.

Book Review: A Theory Of African American Offending: Race, Racism, And Crime, David Polizzi

Journal of Theoretical and Philosophical Criminology

No abstract provided.

Front Matter

St. Thomas Law Review

Front Matter includes Masthead, advisors, and Table of Contents for St. Thomas Law Review Volume 25, Issue 2, Spring 2013.

Till The Detail Of Surface Is In Accord With The Root In Justice: Treason, Insanity, And The Trial Of Ezra Pound, Milton Hirsch

St. Thomas Law Review

For most of his adult life Ezra Loomis Pound, Idaho-born and Pennsylvania-reared, was an American abroad. At various times he lived in Venice, London, Paris. In 1928, he settled in Rapallo, in Italy. When World War II broke out, he chose to remain there. Beginning in October of 1941, and through at least July of 1943, he made a series of English language broadcasts from Rome for the Mussolini government, which were directed to English and American audiences. In 1945, Pound was taken into custody by American military authorities and held at the U.S. Army Disciplinary Training Center in Pisa. …

Implications Of United States V. Jones On Dna Collection Form Arrestees: Trespass Prohibited By The Fourth Amendment, Angelique Romero

St. Thomas Law Review

This comment discusses the constitutionality of warrantless DNA collection from arrestees, and proposes an analysis that the Supreme Court should use when deciding on this issue to find that this practice violates the Fourth Amendment. Part II of this comment discusses the general development of DNA collection laws, how the laws have expanded to include persons that have been arrested but not convicted of certain crimes, and the procedures used to collect the DNA samples. In addition, Part II includes a survey of the conflicting decisions by courts across the country and demonstrates the disagreement over the constitutionality of this …

The St. Thomas Law Review: Its Ideal And Its Accomplishments (Introduction)

St. Thomas Law Review

No abstract provided.

Regression To The Mean: How Miranda Has Become A Tragicomical Farce, Alfredo Garcia

St. Thomas Law Review

In my original article, I examined Miranda's historical and social background, discussed its precursors, traced the evolution of the case, and documented the dismantling of the Miranda doctrine. I also argued that the doctrine's "seductive appeal" lulled defense counsel into a false sense of security, thereby deflecting reliance on the "voluntariness" standard as a failsafe to Miranda. Further, I maintained that a waiver of Miranda in some instances served to sanitize an otherwise involuntary confession. Finally, I proposed to "do away" with Miranda, to return to the voluntariness standard with one caveat: that the government be precluded from relying on …

Examining Committee Reports As A Basis To Dismiss Petitions To Determine Incapacity: A Question Of Admissibility And Evidentiary Relevancy, Enrique Zamora, Andres Vasquez

St. Thomas Law Review

This article will focus on answering two issues that play an important role in the determination of the need of establishing a guardianship for an AIP. Specifically, (1) whether the requirement that a petition to determine incapacity be dismissed if two examining committee members opine there is no incapacity, in violation of Florida's Evidence Code as well as Chapter 744's requirements; and (2) whether examining committee reports, without testimony, are hearsay under Florida's Evidence Code, section 90.803 of the Florida Statutes, and usurp judicial discretion under section 90.703. Part I will delineate the problem associated with section 744.331(4) of the …

Living A Better Life, Laura Davis

Linfield Magazine

Once dominated by students bound for seminary, religious studies classrooms are increasingly filling with a different sort of learner.

The Procedural Due Process Rights Of The Stigmatized Prisoner, Lindsey Webb

Sturm College of Law: Faculty Scholarship

This Article addresses the role of stigma in procedural due process claims brought by prisoners. In particular, the Article focuses on inmates whom prisons have classified as sexual offenders although they have never been convicted of a sex offense. Prisons label these inmates—identified here as the “branded class”—as sexual offenders based on information outside of the inmates’ conviction histories, including charges that ended in dismissal or acquittal. As a result of the sex offender classification, prisons impose upon the branded class a wide range of sex offender-specific conditions, including mandatory treatment and sex offender registration.

In addressing procedural due process …