Digital Commons Network^™

Board Of Regents Meeting Materials, December 10, 2013, Eastern Michigan University

Board of Regents Meeting Materials

No abstract provided.

Board Of Regents Meeting Materials, June 18, 2013, Eastern Michigan University

Board of Regents Meeting Materials

No abstract provided.

Board Of Regents Meeting Materials, October 1, 2013, Eastern Michigan University

Board of Regents Meeting Materials

No abstract provided.

Undergraduate Symposium, 2013, College Of Arts & Sciences

Undergraduate Symposium Programs

No abstract provided.

The Other Missouri Model: Systemic Juvenile Injustice In The Show-Me State, Mae C, Quinn

Journal Articles

For years Missouri has been touted as a model for juvenile justice. Stakeholders and commentators continually declare that the Show-Me State – with its “Missouri Model” – employs the most modern and innovative ap-proaches when it comes to treatment of court-involved youth. This account is reflected in press coverage, television news shows, and agency white papers. But this is only part of the picture; there is much more happening in Missouri when it comes to juveniles. However, this “other” part of the story seldom has been openly discussed – until now.1. This Article seeks to contrast the rosy picture painted …

Giving Kids Their Due: Theorizing A Modern Fourteenth Amendment Framework For Juvenile Defense Representation, Mae C. Quinn

Journal Articles

This Essay advocates expansion of the right to and role of juvenile-defense counsel under the Fourteenth Amendment as articulated by the Supreme Court in In re Gault. It makes this move in light of the evolution of juvenile-court practices over time and modern understandings of adolescent development principles. In doing so it takes a different approach than many advocates and academics who have called for greater reliance on the concepts established in Gideon v. Wainwright and its progeny, relating to the right to and role of counsel in adult-criminal proceedings. Instead it suggests that standards of representation for juveniles must …

Annual Security And Fire Safety Report, Utep Police Department And Utep Environmental Health And Safety Department

Annual Reports

Annual Clery crime statistics report.

The Institutional Structure Of Immigration Law, Eric A. Posner

University of Chicago Law Review

No abstract provided.

Criminalizing Extrajudicial Killings, Erin Creegan

Denver Journal of International Law & Policy

No abstract provided.

Collaboration And Coercion, Margaret B. Drew

UC Law SF Journal on Gender and Justice

“Collaboration and Coercion” addresses the systemic and individual concerns that arise when family members that have experienced abuse enter into the collaborative law process. A form of alternative dispute resolution, collaborative law is a method of resolving disputes without engagement of the legal system. The author addresses the structural and cultural difficulties that survivors of abuse encounter throughout the process as well as the ethical concerns that are raised when collaborative practitioners accept cases where the parties have a history of coercion within the intimate relationship.

It's Not Just For Death Cases Anymore: How Capital Mitigation Investigation Can Enhance Experiential Learning And Improve Advocacy In Law School Non-Capital Criminal Defense Clinics, Hugh M. Mundy

California Western Law Review

No abstract provided.

Utah Should Adopt A Law Allowing Courts To Apply Cash Bail Toward Restitution, Amy J. Lavin

Utah OnLaw: The Utah Law Review Online Supplement

Utah’s restitution laws are not effective. Too many victims are not fully compensated for their losses following a crime. Many states allow courts to require defendants to pay cash bail and to apply cash bail toward restitution. Utah should adopt a similar law to improve the collection of court-ordered restitution.

This Note analyzes Utah’s current restitution process and identifies its weaknesses. Then it proposes a cash bail plan to improve the collection of restitution. Finally, it examines potential problems to having a cash bail system and how Utah can avoid those problems to create a successful restitution collection system.

More Than A Quick Glimpse Of The Life: The Relationship Between Victim Impact Evidence And Death Sentencing, Jerome Deise, Raymond Paternoster

UC Law Constitutional Quarterly

In striking down the use of victim impact evidence ("VIE") during the penalty phase of a capital trial, the Supreme Court in Booth v. Maryland and South Carolina v. Gathers argued that such testimony would appeal to the emotions of jurors with the consequence that death sentences would not be based upon a reasoned consideration of the blameworthiness of the offender. After a change in personnel, the Court overturned both decisions in Payne v. Tennessee, decided just two years after Gathers. The majority in Payne were decidedly less concerned with the emotional appeal of VIE, arguing that it would only …

Restoring The Vote: Former Felons, International Law, And The Eighth Amendment, John Ghaelian

UC Law Constitutional Quarterly

The right to vote is a right that many Americans cherish. But for over five million Americans the right to vote is something different. It is merely a dream because they are denied the right. Considered fundamental by the courts and the people, the United States contrarily stands alone in its refusal to allow many former felons the right to vote. The denial of the right to vote leaves a large swath of the population voiceless in matters ranging from the election of the president to who should sit on their child's school board.

This article begins by chronicling the …

The Right To Appeal, Cassandra Burke Robertson

Faculty Publications

It is time for the Supreme Court to explicitly recognize a constitutional right to appeal. Over the last century, both the federal and state judicial systems have increasingly relied on appellate remedies to protect essential rights. In spite of the modern importance of such remedies, however, the Supreme Court has repeatedly declined to recognize a due-process right to appeal in either civil or criminal cases. Instead, it has repeated nineteenth-century dicta denying the right of appeal, and it has declined petitions for certiorari in both civil and criminal cases seeking to persuade the Court to reconsider that position.

In this …

Last Words: An Analysis Of Adolescent Suicide Through Note Of Intent Assessment, Kyle Schwab

Master of Arts in Criminal Justice Theses

Suicide is an unfortunate act that takes place every single day at increasingly disturbing rates. Due to suicide’s extreme prevalence in many societies across the globe, large amounts of time, energy, and resources have been expended towards funding administrative and academic attempts to comprehend and explain suicide. Perhaps the most confusing and appalling aspect of suicide involves the suicidal death of an adolescent youth. While many researchers in academia have identified the most common risk factors and motivations for suicidal adults, little comparative understanding has been reached regarding adolescent suicide. The purpose of this study is to contribute to this …

Consular Notification For Dual Nationals, 38 S. Ill. U. L.J. 73 (2013), Mark E. Wojcik

UIC Law Open Access Faculty Scholarship

In a case against the United States brought before the International Court of Justice (ICJ), Mexico sought to protect the rights of fifty-four Mexican nationals who had been arrested in the United States for various crimes and put on trial without being informed of their rights under the Vienna Convention on Consular Relations (VCCR). These fifty-four Mexican nationals all faced the death penalty in various states of the United States. Shortly after filing its case in Avena and Other Mexican Nationals, however, Mexico dropped from the case one Mexican national who was also a citizen of the United States. The …

The Effectiveness Of Virtual Learning Tools For Millennial Generation Students In A Community College Criminal Justice Degree Program, Lawrence Snyder

CCAC Theses and Dissertations

An analysis of data from the Community College Survey of Student Engagement and multiyear analysis of pretest/posttest scores in introductory criminal justice courses revealed there was a systemic decline in student engagement and achievement. Because of this analysis, a commercial virtual learning tool (CJI) that purported great success in improving student engagement and performance was identified and implemented on the college's course management application in the spring of 2010. CJI, a comprehensive learning tool that incorporated Web 2.0 activities, such as video, simulations, and study aids, was designed to improve student engagement and performance. The inclusion of Web 2.0 activities …

Commencement 2013, Sacred Heart University

Commencement Programs

Program for the Graduate and Undergraduate ceremonies held May 18-19 2013.

A Victimless Sex Crime: The Case For Decriminalizing Consensual Teen Sexting, Joanna R. Lampe

University of Michigan Journal of Law Reform

As teenagers' access to cellular phones and the internet has increased over the past two decades, so has their ability to harm themselves and others through misuse of new technology. One risky behavior that has become common among teenagers is "sexting"--the digital sharing of sexually suggestive images. To combat the dangers of teen sexting, many states have criminalized the act. Criminalization does not resolve the issue of teen sexting, however, and in many cases it may cause additional harm. This Note reviews existing state laws related to teen sexting, and critiques these laws on constitutional and policy grounds. It then …

Public Health Bill Draft Requests - 2013 Nv Legislative Session, Nevada Institute For Children's Research And Policy Reports

Nevada Institute for Children's Research and Policy Reports

Public Health Bill Draft Requests - 2013 NV Legislative Session

Making The Right Call: Why Fairness Requires Independent Appeals In U.S. Professional Sports Leagues, Jeremy R. Abrams

Marquette Law Review

Historically, the commissioners of the U.S. professional sports league have had a duty to preserve the integrity of the leagues. Developing from this concept through collective bargaining between the leagues and players’ associations, the disciplinary systems of the leagues are designed to keep conflicts out of the U.S. courts. Recently, these systems have come under considerable public scrutiny questioning their fairness and effectiveness and, in some cases, the integrity of the commissioners and sports. Specifically, there have been issues with conflict of interest of the commissioners and arbitrary decision-making in disciplining players. This Comment explores the disciplinary systems of the …

Parsing Parenthood, Cynthia Godsoe

Faculty Scholarship

No abstract provided.

Lafler And Frye: A New Constitutional Standard For Negotiation, Rishi Batra

Cardozo Journal of Conflict Resolution

The Sixth Amendment guarantees "[i]n all criminal prosecutions, the accused shall enjoy the right ... to have the Assistance of Counsel for his defense." In 1984 the Supreme Court in Strickland v. Washington established the standard for ineffective assistance of counsel that is a violation of this right. In a pair of decisions handed down in 2012, Lafler v. Cooper and Missouri v. Frye, the Supreme Court extended the holding in Strickland to cover ineffective assistance by defense counsel in the plea-bargaining phase. Recognizing that pleas account for ninety-five percent of all criminal convictions, the court stated that "the negotiation …

People V. Diaz, Senate Bill 914 And The Fourth Amendment, Caitlin Keane

UC Law SF Communications and Entertainment Journal

After the Diaz decision in January, Senator Mark Leno, a Democrat representing San Francisco, took matters into his own hands and drafted Senate Bill 914. In short, the bill would have overturned the Court's decision and required law enforcement to obtain a search warrant from a neutral magistrate before searching arrestees' portable electronic devices. The bill passed with overwhelming support from both political parties in the State Assembly and State Senate and needed only Governor Brown's signature or tacit approval to become law. Governor Brown vetoed the bill in October 2011, stating, "[t]he courts are better suited to resolve the …

Criminal Affirmance: Going Beyond The Deterrence Paradigm To Examine The Social Meaning Of Declining Prosecution Of Elite Crime, Mary Kreiner Ramirez

Connecticut Law Review

Recent financial scandals and the relative paucity of criminal prosecutions against elite actors that spawned the crisis suggest a new reality in the criminal law system: some wrongful actors appear to be above the law and immune from criminal prosecution. As such, the criminal prosecutorial system affirms much of the wrongdoing that gave rise to the crisis. This leaves the same elites undisturbed at the apex of the financial sector, and creates perverse incentives for any successors. Their incumbency in power results in massive deadweight losses due to the distorted incentives they now face. Further, this undermines the legitimacy of …

Lessons From A Plague, Max D. Siegel

Student Articles and Papers

This Article argues that we ought to examine this country’s early AIDS crisis for lessons on addressing HIV in the twenty-first century and to improve the ongoing social movement of sexual minorities in the United States. In the 1980s and early 1990s, AIDS focused sexual minorities’ advocacy efforts as both liberationists working to deregulate sexuality and integrationists seeking entrance to heterosexual privilege recognized that their agendas needed to account for this new crisis. Over time, a liberationist response to AIDS emerged and dominated the social movement because sexual minorities needed to publicly defend their differences in order to stay alive. …

2013 Alumni Survey, Southwestern Oklahoma State University

Assessment Center Reports

Alumni Survey reports produced by the SWOSU Assessment Center.

2012-2013 Annual Student Assessment Report, Southwestern Oklahoma State University

Assessment Center Reports

Annual Student Assessment Report produced by the SWOSU Assessment Center

Baker Act Receiving Facility Staff Perceptions Of Community Services, Steve Roggenbaum, Annette Christy, Mary R. Murrin

Mental Health Law & Policy Faculty Publications

No abstract provided.