Digital Commons Network^™

Defunding State Prisons, W. David Ball

Faculty Publications

Local agencies drive criminal justice policy, but states pick up the tab for policy choices that result in state imprisonment. This distorts local policies and may actually contribute to increased state prison populations, since prison is effectively “free” to the local decisionmakers who send inmates there. This Article looks directly at the source of the “correctional free lunch” problem and proposes to end state funding for prisons. States would, instead, reallocate money spent on prisons to localities to use as they see fit — on enforcement, treatment, or even per-capita prison usage. This would allow localities to retain their decision-making …

State Of The College Address 2013, Jeremy Travis

Reports and Publications from John Jay College

No abstract provided.

Criminalizing Normal Adolescent Behavior In Communities Of Color: The Role Of Prosecutors In Juvenile Justice Reform, Kristin N. Henning

Georgetown Law Faculty Publications and Other Works

There is little dispute that racial disparities pervade the contemporary American juvenile justice system. The persistent overrepresentation of youth of color in the system suggests that scientifically supported notions of diminished culpability of youth are not applied consistently across races. Drawing from recent studies on implicit bias and the impact of race on perceptions of adolescent culpability, Professor Henning contends that contemporary narratives portraying black and Hispanic youth as dangerous and irredeemable lead prosecutors to disproportionately reject youth as a mitigating factor for their behavior. Although racial disparities begin at arrest and persist through every stage of the juvenile justice …

It Doesn't Pass The Sell Test: Focusing On "The Facts Of The Individual Case" In Involuntary Medication Inquiries, Susan A. Mcmahon

Georgetown Law Faculty Publications and Other Works

Criminal defendants who are incompetent to stand trial have a significant liberty interest in refusing the antipsychotic medication that could restore their competency. The Supreme Court cautioned that instances of intrusion upon that right “may be rare,” and, in Sell v. United States, it laid out what it believed to be stringent criteria for when a defendant could be medicated against his will. Yet, since Sell, trial courts have ordered over sixty-three percent of defendants involuntarily medicated. These individuals did not pose a danger to themselves or others, and they were rarely accused of crimes that involved damage …

Hybrid Tribunals Are The Most Effective Structure For Adjudicating International Crimes Occurring Within A Domestic State, Caitlin E. Carroll

Student Works

No abstract provided.

Raising Hope For Children In Foster Care: An Argument In Favor Of Expanding The Pool Of Qualified Applicants, Tapia Mateo

Student Works

No abstract provided.

Three Strikes, Yet They Keep On Swinging: Athletes And Domestic Violence, Victoria Lucido

Student Works

No abstract provided.

15th And 16th Tshl Supporting Documents, Texas Silver Haired Legislature Foundation, Texas Silver-Haired Legislature

Texas Silver-Haired Legislature

Supporting documents of the 15th and 16th TSHL sessions, 2013-2017

Defying Gravity: The Development Of Standards In The International Prosecution Of International Atrocity Crimes, Matthew H. Charity

Faculty Scholarship

The International Criminal Court (the “ICC”), now one decade old, is still in the process of setting norms as to scope, jurisdiction, and other issues. One issue that has thus far defied resolution is a key issue of jurisdiction: the place of complementarity in deciding whether certain criminal issues impacting international standards or interests should be decided before the ICC or national tribunals. Although the Rome Statute crystallizes definitions of core international crimes that may be tried before the ICC, the process of determining whether to leave jurisdiction with the nation or allowing jurisdiction to the ICC continues to lack …

[Including But Not Limited To] Violence Against Women, Giovanna Shay

Faculty Scholarship

This Article highlights three developments in criminal justice in 2012 that marked the move toward more gender-inclusive anti-violence movements: the FBI’s adoption of a gender-neutral definition of rape; the debate regarding the reauthorization of the Violence Against Women Act (VAWA); and the promulgation of new Department of Justice (DOJ) regulations under the Prison Rape Elimination Act of 2003 (PREA). These recent developments reveal a growing movement towards more gender-inclusive conceptions of rape and intimate partner violence. The change to a more gender-inclusive approach will have many implications for criminal justice policy and institutions. One critical project is to ensure that …

Making Room For A Restorative Response To Conflict: Challenging The Retributive Paradigm In American Journalism, Cynthia Duggan Mwenja

All ETDs from UAB

Reactions to current events from across the political spectrum highlight a journalistic retributive narrative framework that is ubiquitous in the American media. News articles from the childhood obesity debate support claims that journalists on both left and right interpret this story - and by implication, all stories - through a retributive cultural lens. Burke's rhetorical analysis tool, dramatism, is used to examine the rhetoric on all sides of the issue and demonstrate the common retributive aspects of the narratives, regardless of the social or political orientations of the writers and their affiliations. The retributive narrative is connected to American justice …

Impulsivity As A Predictor Of Smoking Cessation Outcomes In Bupropion Treatment Of Community Corrections Smokers, Adam Clay Perkins

All ETDs from UAB

Cigarette smoking is the leading cause of death and disability in the United States. Prevalence of smoking among participants in community corrections far exceeds those in the general population. The purpose of the study was to examine predictors of smoking cessation outcome among community correction participants who were enrolled in a randomized control trial that used bupropion to treat tobacco dependence. This study found that inattention was a significant barrier to treatment. Specifically, performance on measures of attention including number of omissions errors on the Conner's Continuous Performance Task - Second Edition (CPT-II) and time to complete Trails A were …

Reckless Reevaluated: Containment Theory And Its Ability To Explain Desistance Among Serious Adolescent Offenders, Stephanie Michelle Cardwell

All ETDs from UAB

Social control theorists posit that crime and delinquency occur among members in society because an individuals' behavior is not well regulated. Recent control theories have emphasized the importance of high self-control and strong bonds to society in deterring criminal behavior. However, one of the original theories of self-control has been largely ignored among scholars. Developed by Walter Reckless in the 1960s, containment theory suggests that individuals are pushed and pulled into crime. Pushes are elements that pressure individuals to engage in delinquency while pulls draw individuals away from accepted forms of behavior. The theory states that pushes and pulls are …

Urban Kindergarten Teachers' Perceptions Of Former Head Start Students And Their Readiness For School, Stephanie Hardy Parker

All ETDs from UAB

The purpose of this qualitative multiple case study was to explore the experiences and instruction of kindergarten teachers in an urban school district who are teaching students who were previously enrolled in a Head Start program. Eleven kindergarten teachers who taught in an urban school district in the southeastern United States participated in this study. Data sources collected for this multiple case study included: (a) semi-structured interviews, (b) observations, and (c) curriculum documents. Results from the study revealed mixed experiences teaching former Head Start students. While some teachers expressed positive experiences teaching former Head Start students, others indicated teaching former …

Miranda And Its (More Rights-Protective) International Counterparts, Megan A. Fairlie

Faculty Publications

The goal of this article is to encourage the international legal community to revisit its unexamined acceptance of strategic communications. This can lead to a debate that, at a minimum, should prompt Court supporters — specifically civil society members — to think carefully before engaging in conduct that creates dangerous consequences for the ICC.

Does Humanity Law Require (Or Imply) A Progressive Theory Of History? (And Other Questions For Martti Koskenniemi), Robert Howse, Ruti Teitel

Articles & Chapters

In a number of essays over the last decade or so, Martti Koskenniemi has analyzed post-cold war developments in international law, especially the human rights revolution or the emergence of "humanity law" (Teitel, Humanity’s Law). In these works, Koskenniemi asserts a close, if not essential, connection between optimistic or progressive theories of history and liberal, cosmopolitan, post- or anti-statist approaches to international law. We challenge Koskenniemi’s arguments that humanity law is associated with a dogmatically progressive theory of history, that it is oriented toward a world government, that it relies on a version of historical determinism, that it posits a …

Sustaining Juvenile Justice System Reform: A Report To The Louisiana Juvenile Justice Implementation Commission, Institute For Public Health And Justice, Juvenile Justice System Reform

Policy & Position Papers

No abstract provided.

Online Mental Disability Law Education, A Disability Rights Tribunal, And The Creation Of An Asian Disability Law Database: Their Impact On Research, Training And Teaching Of Law, Criminology Criminal Justice In Asia, Michael L. Perlin, Heather Ellis Cucolo, Yoshikazu Ikehara

Articles & Chapters

Two professors at New York Law School (NYLS) and the director of the Tokyo Advocacy Law Office are engaged in initiatives with the potential to have major influences on the study of law, criminology, and criminal justice: the creation of a Disability Rights Tribunal for Asia and the Pacific (DRTAP), and expansion of NYLS’s online mental disability law program (OMDLP) to include numerous Asian venues.

DRTAP seeks to create a sub-regional body (a Commission and eventually a Court) to hear violations of the UN’s Convention on the Rights of Persons with Disabilities. This will explicitly inspire scholarship about issues such …

Diversity And The International Criminal Court: Does Geographic Background Impact Decision Making?, Abhinav Chandrachud

Brooklyn Journal of International Law

No abstract provided.

The Devil's Advocate: Using Neuroscientific Evidence In International Criminal Trials?, Adam B. Shniderman

Brooklyn Journal of International Law

No abstract provided.

Post-Earthquake Legal Reform In Haiti: In On The Ground Floor, Leonard L. Cavise

Brooklyn Journal of International Law

No abstract provided.

Program Integrity And The Implications Of The Corporate Identity In Higher Education, Julian T. Miller

Brooklyn Journal of Corporate, Financial & Commercial Law

No abstract provided.

The Role Of Courts In "Making" Law In Japan: The Communitarian Conservatism Of Japanese Judges, John O. Haley

Vanderbilt Law School Faculty Publications

Professor Haley is an outstanding international and comparative law scholars, widely credited with having popularized Japanese legal studies in the United States. In 1969, Haley received a fellowship from the University of Washington and was in one of the first classes to graduate from the Asian Law Program, now, the Asian Law Center. After working for several years in law firms in Japan, he joined the law faculty at the University of Washington, where he remained for nearly twenty-six years during which time he directed the Asian and Comparative Law Program. In June 2012, Professor Haley was awarded The Order …

Intuition Versus Algorithm: The Case Of Forensic Authorship Attribution, Lawrence M. Solan, Ph.D., J.D.

Journal of Law and Policy

No abstract provided.

"Eye See You": How Criminal Defendents Have Utilized The Nerd Defense To Influence Jurors' Perceptions, Sarah Merry

Journal of Law and Policy

No abstract provided.

Improving The Rate Of Voluntary Compliance In Investigative Police Reporting Through The Application Of A Training Model And Job Aid, Kent D. Martin

Masters Theses

This study examines the immediate effect of a training module and job-aid on the percentage of police reports that lack pertinent information relating to the identity and contact information for suspects, witnesses and victims. A random sampling of reports was examined to determine if the initial responding officer obtained all available information needed to identify and contact these individuals for further investigation.

This analysis resulted in the creation of a training module, which was provided to all members of the patrol division. The module included a job aid to which each officer could refer during the report writing process. An …

Yonder Stands Your Orphan With His Gun: The International Human Rights And Therapeutic Jurisprudence Implications Of Juvenile Punishment Schemes, Michael L. Perlin

Articles & Chapters

In the last decade, the US Supreme Court has ruled that the death penalty, a life sentence without possibility of parole (LWOP), and mandatory LWOP for homicide convictions violate the Eighth Amendment when applied to juvenile defendants. These decisions were premised, in large part, on findings that "developments in psychology and brain science continue to show fundamental differences between juvenile and adult minds," and that those findings both lessened a child's "moral culpability" and enhanced the prospect that, as the years go by and neurological development occurs, his "deficiencies will be reformed."

These decisions have, by and large, been welcomed …

The Judge, He Cast His Robe Aside: Mental Health Courts, Dignity And Due Process, Michael L. Perlin

Articles & Chapters

One of the most important developments in the past two decades in the way that criminal defendants with mental disabilities are treated in the criminal process has been the creation and the expansion of mental health courts, one kind of “problem-solving court.” There are now over 300 such courts in operation in States, some dealing solely with misdemeanors, some solely with non-violent offenders, and some with no such restrictions. There is a wide range of dispositional alternatives available to judges in these cases, and an even wider range of judicial attitudes. And the entire concept of “mental health courts” is …

Introductory Note To The Department Of State Rewards Program Update And Technical Corrections Act Of 2012, Michael A. Newton

Vanderbilt Law School Faculty Publications

For nearly three decades, the United States has offered monetary rewards designed to facilitate the apprehension and transfer for trial of suspects when their trial would directly advance American national interests. In the 1990s, for example, posters and matchbooks appeared across the Balkans with contact information available to anyone who might be willing to assist in the transfer of Slobodan Miloševic´ or Radovan Karadžic´ to face charges before the International Criminal Tribunal for the former Yugloslavia. In Congress’s view, this rewards program has helped to generate actionable intelligence that has prevented terrorist attacks, aided convictions of key suspects charged with …

An Empirical Assessment Of Corporate Environmental Crime-Control Stragies, Michael P. Vandenbergh, Sally S. Simpson, Carole Gibbs, Melissa Rorie, Lee Ann Slocum, Mark A. Cohen

Vanderbilt Law School Faculty Publications

Corporate illegality is often attributed to greed by corporate managers and insufficient legal safeguards. Underlying this argument is an explicit critique of corporate crime regulatory systems. Yet there is little systematic investigation of the relative merits of different types or components of crime-control strategies; research comparing more punitive command-and- control strategies with self-regulatory approaches is particularly lacking. In this Article, we assess these crime prevention-and-control mechanisms in the context of individual and situational risk factors that may increase the likelihood of illegal behavior in the environmental arena. We use data drawn from two groups of business managers who participated in …