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Unbranding Confrontation As Only A Trial Right, Shaakirrah R. Sanders

UC Law Journal

This Article challenges the oft-cited but unpersuasive rule that the Sixth Amendment Confrontation Clause only applies at the trial stage of a “criminal prosecution.” I examine the most likely interpretation of the term “criminal prosecution” at the time of the Founding and conclude that the term would have included felony sentencing. I explore the Counsel Clause’s early rejection of the “trial-right-only” rule and the recent erosion of the “trial-right-only” rule with regard to the Jury Trial Clause in Alleyne v. United States. I advocate for eliminating the trial-right-only theory of the Confrontation Clause to allow cross-examination of testimonial statements that …

Challenging Juvenile Life Without Parole: How Has Human Rights Made A Difference?, Human Rights Institute

Human Rights Institute

Human rights standards and strategies play an important role in social justice legal advocacy in the United States. Human rights help frame new arguments, offer new venues for challenging existing policies and practices, provide opportunities for coalition-building, and afford new means to bring attention to rights violations. One example of human rights strategies at work in the U.S. is found in advocates’ efforts to end a practice unique to the United States: sentencing juveniles to life in prison without the possibility of parole.

The Need For Effective Federal Outreach And Mechanisms To Coordinate And Support Federal, State And Local Implementation Of The Convention, Human Rights Institute, International Association Of Official Human Rights Agencies (Iaohra)

Human Rights Institute

As this Committee has consistently recognized, compliance with the CERD requires effective coordination between federal, state, and local governments. In ratifying the CERD, the United States indicated that state and local governments share authority to implement the treaty. This includes the over 150 state and local civil and human rights agencies that enforce federal, state and local human and civil rights laws and/or conduct research, training and education, and issue policy recommendations within the United States (“Human Rights Agencies”). It also encompasses the full array of state and local officials with decision-making and enforcement authority, including governors, state attorneys general, …

Decades Of Research Shows Adolescents Do Better With Community Service Rather Than Incarceration, Gary L. Hopkins, Duane C. Mcbride, Brent C. Featherston, Peter C. Gleason, Jacqueline Moreno

Faculty Publications

The purpose of this article is to share with the legal community some of what we as social science researchers have learned from our research and the research of others, regarding the health and education benefits of community service among adolescents. In other words, we will attempt to answer the question of whether there are benefits of performing community service to the individuals performing the service, and to describe what these benefits are.

A Stress Process Model Of Arrest Among Homeless Women: Exploring Risk And Protective Factors, Kari C. Gentzler

Department of Sociology: Dissertations, Theses, and Student Research

Objective: Women constitute one of the fastest-growing segments of both the homeless and incarcerated populations. In addition, homeless women tend to have higher rates of victimization, mental illness, substance use, and criminal justice system involvement compared to non-homeless women, although this body of research is becoming dated. The current study situates homeless women’s involvement in the criminal justice system within the stress process model and proposes that these factors—childhood abuse, psychiatric disorders, and homelessness—act as stressors that increase their risk of arrest. In addition, social support and self-efficacy are examined as potential protective factors that may act as buffers against …

Measurement Error In The Afqt In The Nlsy79, Lynne Steuerle Schofield

Mathematics & Statistics Faculty Works

Many promising efforts in the social sciences aim to measure future outcomes (such as wages or health outcomes) given some base level of human capital or ability. They typically fail to recognize the proxies for human capital are all measured with error, creating bias in regression analysis. Here I show how item level data offers the opportunity to improve a broad range of economic, social and psychometric studies, an opportunity now enhanced significantly by the new release of item response level data for the Armed Forces Qualifying Test in the 1979 National Longitudinal Survey of Youth. (c) 2014 Elsevier B.V. …

Irish And German Immigrants Of The Nineteenth Century: Hardships, Improvements, And Success, Amanda A. Tagore

Honors College Theses

This paper examines the economic and social reasons that are attributed to the high emigration rate in Ireland and in Germany during the nineteenth century, and how the lives of these groups turned out in the United States. As a result of economic deterioration and social inequality, pessimism became prevalent in Ireland from the 1840s onward and in Germany from the 1830s onward. Because the United States was perceived as an optimistic avenue for advancement, thousands of Irish and Germans emigrated their homelands and fled to America in search of a better life. During the first few decades upon their …

Masthead And Front Matter

Washington and Lee Law Review

No abstract provided.

Access Of Evil? Legislating Online Youth Privacy In The Information Age, Agathon Fric

Canadian Journal of Law and Technology

This article seeks to address what constitutes youth online privacy, how youth conceive of their privacy, whether their privacy needs protecting, and, if so, how youth privacy should be regulated online. First, the article begins by rooting the issue of online youth privacy in the current social, technological, economic, political, and legal context, drawing on social science research to demonstrate both the threats and opportunities created by technology for youth privacy.

Second, the analysis focuses on the relative strengths and weaknesses of current federal legislation as the primary law governing the collection, use, and disclosure of youth’s personal information through …

Combining Familial Searching And Abandoned Dna: Potential Privacy Outcomes And The Future Of Canada's National Dna Data Bank, Amy Conroy

Canadian Journal of Law and Technology

This article aims to respond to the government’s request by explaining the nature of that relationship and by arguing that the combined use of familial searching and analysis of abandoned DNA would present a serious risk for genetic privacy. The risk is particularly acute given that it would effectively circumvent the existing justification for the NDDB, leading to inclusion of individuals whose DNA profiles have not been uploaded directly onto the data bank. To substantiate this main argument, this article proceeds in three parts. The first describes the current Canadian law on familial searching and the ongoing interest in amending …

America’S Legal History Started In Williamsburg, Paul Hellyer

Library Staff Publications

No abstract provided.

"All His Sexless Patients": Persons With Mental Disabilities And The Competence To Have Sex, Michael L. Perlin, Alison J. Lynch

Washington Law Review

In this Article, we consider these attitudes while seeking to answer the following questions: • In this area of law and policy, is there any unitary definition of competence? • Are there certain factors that must be considered in determining “sexual competence”? • How does domestic law and policy relate to issues of sexual competence, and does it impact how we should approach these issues? • What are the international human rights law and therapeutic jurisprudence implications of the answers to these questions? In Part I, we will discuss competence to engage in sexual activity in matters involving persons with …

Ppi-R: Factor Structure In A Diverse Subclinical Sample, Veronica Claudia Llamas

Loma Linda University Electronic Theses, Dissertations & Projects

Literature examining the factor structure of the Psychopathic Personality Inventory – Revised (PPI-R) has yielded mixed results. This study attempted to examine the three proposed factor structures (one-, two-, or three-) for the PPI-R utilizing a mixed gender undergraduate sample. Results demonstrated poor fit for each of the three proposed factor structures within the present sample. Post-hoc exploratory factor analysis of the PPI-R items revealed that seven of the eight original subscales from the measure were found to be salient. Rebellious nonconformity was the only subscale that was not able to be extracted. Furthermore, only 81 out of the 131 …

Fatalistic Cultural Beliefs In Achievement Aspiration In The U.S. And Chile, Susan Lee

Loma Linda University Electronic Theses, Dissertations & Projects

Betancourt’s integrative Model for the Study of Culture and Behavior (Betancourt, Flynn, Riggs, & Garberoglio, 2010; Betancourt, Hardin, & Manzi, 1992; Betancourt & Lopez, 1993) was used to test whether fatalistic cultural beliefs differentially influenced achievement aspiration among adolescents from different cultural groups in Chile (Mapuche and Mainstream Chileans) and the U.S. (Latino and Anglo). The results were as follows: 1) Higher levels of fatalism did negatively influence achievement aspiration, in Chile and the U.S., 2) Students in Chile and the U.S. had similar levels of cultural beliefs, 3) SES groups had significant differences in fatalism levels among mainstream and …

Where Does It Hurt? A Cultivation Theory’S Perspective On Domestic Violence, Kendra Grace White

Communication Studies

This study investigated Cultivation Theory and its role in the issue of domestic violence. I hypothesized that people who are exposed to larger quantities of pop culture mediums will have less negative attitudes towards the issue of domestic violence. My study also posed research questions about the relationship between the attitudes towards domestic violence with both basic domestic violence knowledge and personal experience with the issue. I gathered my data through a thirty-question survey and distributed it online, using convenience and snowball samples. My results did not support my hypothesis; however, I did find statistical significance for a negative correlation …

The Effect Of Victimization, Mental Health, And Protective Factors On Crime And Illicit Drug Use Among Homeless Young Adults, Kimberly A. Tyler, Lisa Kort-Butler, Alexis Swendener

Department of Sociology: Faculty Publications

Although research has found high rates of child maltreatment, widespread victimization, and other negative outcomes among homeless youth and young adults, resiliency among this population has largely been understudied. Specifically, a gap remains in terms of how protective factors such as self-efficacy, low deviant beliefs, and religiosity operate among homeless youth and young adults. The purpose of the current study is to examine the relationship between various forms of victimization, mental health, and protective factors with property and violent crime and illicit drug use among homeless young adults. Results from regression analyses indicate that running away from home more frequently, …

From Superhero To Human: A Genealogical Criticism Of Depictions Of Police Officers In Media From The 1970s To The Present, Samantha Wendy Ann Neher

Communication Studies

This senior project suggests that media depictions of law enforcement encourage viewers to adopt certain viewpoints towards police officers. In addition, the more realistic and humanizing that these presentations become, the more positive that the general public’s perceptions of police officers become. By utilizing a genealogical criticism of eight different law enforcement movies, and with support from public opinion polls and the communication theory of Cultivation, this paper will exemplify how the above statement is true.

The Failure Of Mitigation?, Robert J. Smith

UC Law Journal

A vast literature details the crimes that condemned inmates commit, but very little is known about the social histories of these capital offenders. For example, how many offenders possessed mitigating characteristics that demonstrate intellectual or psychological deficits comparable to those shared by classes of offenders categorically excluded from capital punishment? Did these executed offenders suffer from intellectual disability, youthfulness, mental illness, or childhood trauma? The problem with this state of affairs is that the personal characteristics of the defendant can render the death penalty an excessive punishment regardless of the characteristics of the crime. This Article begins to fill the …

Examining Racial Disparities In Beaverton, Alexis D. R. Ball

Center to Advance Racial Equity Publications and Reports

Examining Racial Disparities in Beaverton aims to assist the City of Beaverton’s Diversity Advisory Board in understanding the current state of Beaverton’s communities of color as they work to create a “Diversity, Equity & Inclusion Plan.” It synthesizes and analyzes available data to describe racial disparities in Beaverton, Oregon through the use of raw data and secondary analysis, reports and communications from the City of Beaverton, and expert interviews. The presentation of data emphasizes a comparison of outcomes for communities of color and the white community with the purpose of highlighting common experiences across communities of color and demonstrating urgency …

Of Studbroads And Strap-Ons: The Conflation Of Gender And Sexual Orientation By Female Prisoners In Texas As A Discipline Of Heteropatriarchal Normality, Cathy Marston

Wagadu: A Journal of Transnational Women's & Gender Studies

The author reports on her experiences in the Texas Department of Criminal Justice (TDCJ), realizing that prisoners conflate and confuse gender and sexual orientation. I see this as problematic and argue that it constitutes what French social theorist Michel Foucault (1995) would call a “discipline of normality” inflicted by the Prison Industrial Complex (PIC).

Is Guilt Dispositive? Federal Habeas After Martinez, Justin F. Marceau

William & Mary Law Review

Federal habeas review of criminal convictions is not supposed to be a second opportunity to adjudge guilt. Oliver Wendell Holmes, among others, has said that the sole question on federal habeas is whether the prisoner’s constitutional rights were violated. By the early 1970s, however, scholars criticized this rights-based view of habeas and sounded the alarm that postconviction review had become too far removed from questions of innocence. Most famously, in 1970 Judge Friendly criticized the breadth of habeas corpus by posing a single question: Is innocence irrelevant? In his view habeas review that focused exclusively on questions of rights in …

Defying "Common Sense?": The Legitimacy Of Applying Title Vii To Employer Criminal Records Policies, Tammy R. Pettinato

Nevada Law Journal

No abstract provided.

America's "Disneyland Of Sex": Exploring The Problem Of Sex Trafficking In Las Vegas And Nevada's Response, Chariane K. Forrey

Nevada Law Journal

No abstract provided.

Crossing The Line: An Analysis Of Problems With Classifying Recidivist Misdemeanor Offenses As Felonies, Andrew Katbi

Alaska Law Review

Alaska is in the minority of states that apply felony charges based on a defendant's history of misdemeanor violations. This approach to the challenges of criminal recidivism, however, creates both constitutional and prudential problems. While Alaska enjoys considerable latitude in its sentencing policies, this form of misdemeanor reclassification raises concerns about proportionality under the Eighth Amendment, double jeopardy under the Fifth Amendment, and poses dilemmas for participants in the pleabargaining process. This Note examines these problems and proposes a graduated approach to sentencing enhancement. By increasing punishment gradually and preventing recidivist misdemeanants from crossing the misdemeanor-felony border as quickly, Alaska …

Countering Radicalization And Recruitment To Al-Qaeda: Fighting The War Of Deeds, Paul Kamolnick Dr.

Books, Monographs & Collaborative Studies

View the Executive Summary

This Letort Paper proposes that actions, policies, and deeds—those of the U.S. Government and al-Qaeda—be leveraged as a means of delegitimizing al-Qaeda terrorist propaganda. Two chief fronts—changing deeds and challenging deeds—is proposed. Changing deeds requires that the United States carefully and systematically examine its own foreign and military policies and their specific consequences for the Arab and Muslim world. Challenging deeds comprises systematically countering with evidence and fact al-Qaeda’s two greatest propagandistic fabrications: that the United States is a crusader at war with Islam, and that al-Qaeda is the vanguard defender of a besieged and oppressed …

Beliefs About Substance Abusing Clients Among Social Work Students, Seidy Jhosselyn Soto, Marry Jean Stuart

Electronic Theses, Projects, and Dissertations

This study was a quantitative survey and explored beliefs about substance abusing clients among sixty-three social work students. The study focused on the extent to which social work students display bias toward clients with a substance abuse disorder. The study also explored the attitudinal domains of permissiveness, treatment intervention, non-stereotypes, treatment optimism, and non-moralism. The study found that social work students who have taken a substance abuse education class are less like to attribute substance abuse addiction to a weak will in the client. The study recommends that future studies on beliefs about substance abusing clients among social work students …

Incarcerated Fathers And Their Children: Effects Of A Reciprocally Connected Relationship, Amber Jay-Marie Houghton, Abigail Navarro

Electronic Theses, Projects, and Dissertations

The present study was aimed at exploring the issues faced by previously incarcerated fathers and their children. A qualitative design utilizing face to face interviews was used to answer the question: according to previously incarcerate fathers, what are the differences between the reciprocal connectedness of fathers and their children prior to, during, and following incarceration? Interviews were conducted with 10 previously incarcerated fathers.

Researchers found that all participants had positive relationships with their children at some point prior to incarceration. Furthermore, during incarceration the reciprocal connectedness of these relationships severely decreased due to limited or no contact. Following incarceration, fathers …

Incarceration And Reintegration: How It Impacts Mental Health, April M. Marier, Alex Alfredo Reyes

Electronic Theses, Projects, and Dissertations

ABSTRACT

Background: Previous criminal justice policies have been non-effective leading to overpopulated prisons and unsuccessful reintegration. There is a lack of effective supportive and/or rehabilitative services resulting in high rates of recidivism and mental health implications. Objective: This study investigated the perceived impact that incarceration and reintegration with little to no supportive and/or rehabilitative services has on the mental health status of an individual. The emphasis was on participant perception and not on professional reports because of underreporting and lack of attention to mental health in the criminal justice system. Methods: Focus groups in the Inland Empire and Coachella Valley …

Experiences Of Young Adults In Extended Foster Care: An Explortive Study, Elaine Marie Contreras

Electronic Theses, Projects, and Dissertations

Currently, there are thousands of foster youth in the child welfare system. When they reach the age of 18, some of these youth emancipate from the system, while some of them participate in extended foster care. The extended foster care system was implemented to support and provide services to young adults passed the age of 18, to provide them a couple more years to obtain stability in their lives. In order to participate in extended foster care, they have to meet a few requirements, and sometimes this is the minimum level of commitment and effort they contribute. These requirements include: …

Eliminating Overlap, Or Creating A Gap? Judicial Interpretation Of The Private Securities Litigation Reform Act Of 1995 And Rico, G. Robert Blakey, Michael Gerardi

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.