Digital Commons Network^™

Conditions Of Confinement At Sentencing: The Case Of Seriously Disordered Offenders, E. Lea Johnston

UF Law Faculty Publications

At sentencing, a judge can often foresee that an individual, given his major mental disorder and other vulnerabilities, will experience serious harm in prison. These harms may include psychological deterioration and mental distress, attempted suicide, or victimization by staff or other inmates. In response, some jurisdictions allow a judge to commit a disordered offender for treatment in lieu of incarceration, while others designate need for treatment and undue offender hardship as mitigating factors for use at sentencing. None of these measures, however, goes far enough to protect vulnerable prisoners.

This Article builds a case for expanding judges’ sentencing power by …

The Role Of Mindfulness In The Ongoing Evolution Of Legal Education, Scott L. Rogers

University of Arkansas at Little Rock Law Review

No abstract provided.

The Paperless Court Of Appeals Comes Of Age, Philip G. Espinosa

The Journal of Appellate Practice and Process

No abstract provided.

International Clinical Legal Education Perspectives: How Teaching Abroad Makes Us Better Clinicians, Lisa Radtke Bliss

Faculty Publications By Year

No abstract provided.

The Prosecutor Prince: Misconduct, Accountability, And A Modest Proposal, H. Mitchell Caldwell

Catholic University Law Review

No abstract provided.

Beyond The Verdict: Why The Courts Must Protect Jurors From The Public Before, During, And After High-Profile Cases, Scott Ritter

Indiana Law Journal

In a time when more and more criminal trials are saturated in news coverage, media outlets race to get as much information as possible to the public. That access to the criminal justice system is a right protected by the First Amendment. But where does the access stop? This Note explores those limits, and the intersection between the First and Fourth Amendments.

Will There Be A Neurolaw Revolution?, Adam Kolber

Indiana Law Journal

The central debate in the field of neurolaw has focused on two claims. Joshua Greene and Jonathan Cohen argue that we do not have free will and that advances in neuroscience will eventually lead us to stop blaming people for their actions. Stephen Morse, by contrast, argues that we have free will and that the kind of advances Greene and Cohen envision will not and should not affect the law. I argue that neither side has persuasively made the case for or against a revolution in the way the law treats responsibility.

There will, however, be a neurolaw revolution of …

Note – Rape-Related Pregnancies: The Need To Create Stronger Protections For The Victim-Mother And Child, Margot E. H. Stevens

UC Law Journal

About one in six women in the United States will be a victim of rape. For many of these women, the rape does not end there—this crime against their body will result in an unplanned pregnancy. In recent years, rape awareness has increased both in the government and among the public: a new federal definition of rape encompasses a broader spectrum of victims and pregnancy resulting from rape was splashed across national headlines. But this is not enough. Most states lack sufficient legal protections for a pregnant rape victim: criminal prosecutions and convictions for rape are rare, and many states …

Celebrating Faculty Creative Works 2013, University Of Texas At Arlington Library, Ut Arlington Office Of The Provost

Faculty Creative Works-Archive

The University of Texas at Arlington Library and the Office of the Provost are pleased to host the sixth Celebration of Faculty Creative Works, an exhibition that showcases the articles, books, art, music, media, patents, and conference activities made by UT Arlington faculty in 2013, as well as outside awards and honors received.

Language Disenfranchisement In Juries: A Call For Constitutional Remediation, Jasmine B. Gonzales Rose

UC Law Journal

Approximately thirteen million U.S. citizens, mostly Latinos and other people of color, are denied the right to serve on juries due to English language requirements and despite the possibility (and centuries-old tradition) of juror language accommodation. This exclusion results in the underrepresentation of racial minorities on juries and has a detrimental impact on criminal defendants, the perceived legitimacy of the justice system, and citizen participation in democracy. Yet, it has been virtually ignored. This Article examines the constitutionality of juror language requirements, focusing primarily on equal protection and the fair cross section requirement of the Sixth Amendment. Finding the existing …

The University Of Texas At Tyler Magazine (Spring 2014), University Of Texas At Tyler

UT Tyler Magazine

Articles in this issue of UT Tyler Magazine include: President's Letter; Around Campus: Nationally Accredited for Excellence, We're Among the Best Universities for Veterans, Patriots Shine in International Cyber Security Challenge, Childs Leads Alumni Relations, Talon Wins Record 39 TIPA Awards, Helfers Receives National Teaching Award, Vasselli Directs Houston Engineering Programs; The Educator of Educators, The Leader of Leaders, UT Tyler Professor Wins State 'Educator of the Year' Award; Distinguished Alumni, UT Tyler Honors Dawn Franks, David King and Michael Wysocki; Bolstering the Region's Medical Sector, UT Tyler Unveils New Fisch College of Pharmacy; Active Learning-- A Transformation; Love in …

The Banner - V. 149, No. 4 - (April 2014), Christian Reformed Church In North America

The Banner

No abstract provided.

The Siren Is Calling: Economic And Ideological Trends Toward Privatization Of Public Police Forces, Karena Hall

University of Miami Law Review

The landmark Supreme Court ruling in Citizens United has opened the floodgates to allow unlimited corporate campaign donations, and Supreme Court doctrine is shifting back to the Lochner-era's focus on economic rights. At the same time, there are efforts underway across the United States to privatize public services in order to alleviate what proponents claim is a shortfall in revenue due to the recession. Within those privatization efforts, public policing has become a new front, with outsourcing and wholesale privatization of the police underway. This Article adds to the existing scholarship a political analysis of privatization efforts, including how lobbying …

A Quantitative Genetic Analysis Of The Associations Among Language Skills, Peer Interactions, And Behavioral Problems In Childhood: Results From A Sample Of Twins, Kevin M. Beaver, Brian B. Boutwell, J. C. Barnes, Joesph A. Schwartz, Eric J. Connolly

Criminology and Criminal Justice Faculty Publications

A body of empirical research has revealed that there are associations among language skills, peer interactions, and behavioral problems in childhood. At the same time, however, there has been comparatively less research devoted to exploring the mutual unfolding of these factors over the first few years of life. The current study is designed to partially address this gap in the literature by examining how language skills, negative peer interactions, and behavioral problems are interrelated in a sample of twins drawn from the Early Childhood Longitudinal Study–Birth Cohort (ECLS-B). Employing a quantitative genetic framework, the results of the current study revealed …

Juvenile Diversion Programs: High-Risk Youth And Their Effect On Offense Targeting, Chelsey R. Warner

Political Science Theses and Capstones

One of the largest problems that plague the juvenile justice system today is how to better handle juvenile crime without causing the juvenile to revert back to that behavior, but still helping them understand and acknowledge the crime they have committed. The state of Minnesota has created juvenile diversion programs as an attempt to aid in that endeavor. These programs however are under researched. The goal of this article is to shed some light on what those programs look like and how some counties programs vary from other programs on other counties; specifically focusing on the variation between offense-targeting for …

Prevention And Management Of Stress In Policing: A Review Of The Literature, Portland State University. Criminology And Criminal Justice Senior Capstone

Criminology and Criminal Justice Senior Capstone Project

Working as a police officer can be a rewarding job, but it can also be a stressful one. Policing is one of the few professions where individuals deal with many stressors, which exceed the usual expectations of society. Although there is no way to eliminate stress and the burnout it can cause, there are methods law enforcement agencies can utilize to help officers prevent stress from worsening and to make it more manageable. This literature review contains information to help police agencies train officers about prevention and management of stress in the workplace. It is based on 29 studies from …

Race And Immigration, Then And Now: How The Shift To "Worthiness" Undermines The 1965 Immigration Law's Civil Rights Goals, Elizabeth Keyes

All Faculty Scholarship

This essay looks at how far immigration reform has come from the explicit civil rights character of the 1965 immigration law that reshaped America. The optimism surrounding that law’s dismantling of national-origins barriers to immigration proved to be overstated in the intervening decades, as the factors determining an immigrant’s “worth and qualifications” too often became proxies for race. After briefly looking at work done by critical race theorists tracing some of ways race and immigration have long intersected in immigration legal history, the article closely examines modern-day immigration reform proposals, particularly the Senate bill that remains the most complete articulation …

Support For Higher Education: Perceptions Of Selected University Administrators And Legislators In Tennessee, Deidre Y. Davies, Donald W. Good

ETSU Faculty Works

This quantitative study examined the perceptions of selected university administrators and legislators concerning levels of support for Tennessee public higher education. The purpose of the study was to gain a greater understanding among the various constituents as to the needs and restraints facing higher education funding. The population targeted for this study was comprised of 132 members of the Tennessee General Assembly, the Executive Director of the Tennessee Higher Education Commission (THEC), the Chancellor of the Tennessee Board of Regents (TBR), the President of the University of Tennessee System, and 36 Chief Administrators at nine state-supported universities. The principal investigator …

Collection Management Matters:The Politics Of Weeding, Glenda Alvin

Against the Grain

No abstract provided.

Sentencing Court Discretion And The Confused Ban On Internet Bans, Matthew Fredrickson

Washington Journal of Law, Technology & Arts

In United States v. Wright, issued June 2013, the Sixth Circuit cited a supposed consensus among circuit courts that Internet bans are per se unreasonably broad sentences in electronic child pornography possession and distribution cases. This Article demonstrates that the Sixth Circuit’s claim of a consensus is mistaken. While some circuit courts of appeal have limited judicial sentencing discretion when it comes to imposing Internet bans, many more have not imposed this limit. Despite this lack of consensus, in cases where such bans are challenged, most courts make their decisions partly based on either the Internet’s pervasive importance in …

The Sociological Eye 2014, Loyola Marymount University, Sociology Department

The Sociological Eye Student Journal

Faculty Advisor: Dr. Anna Muraco

Co-Editors: Jordan Webb & Monica Zamora

Will There Be A Neurolaw Revolution?, Adam Kolber

Faculty Scholarship

No abstract provided.

Law Reform For Dummies (3rd Edition), Roderick A. Macdonald

Osgoode Hall Law Journal

Legal pluralist law reform engages citizens in dialogue through which they gain richer insight into their normative lives and learn to manage everyday interactions with each other. Noting that first- and second-generation law reform commissions have been critiqued for their narrow vision and goal of modifying individual legal rules, this article shifts the focus to the general public as a key player in the enterprise. This is how law reform responds to public concerns and engages the public’s assumptions about the reform process. The true ambition of law reform is to find opportunities for Canadians to examine their assumptions about …

Beyond Basic Needs: Social Support And Structure For Successful Offender Reentry, Andrew S. Denney, Richard Tewksbury, Richard S. Jones

Social and Cultural Sciences Faculty Research and Publications

Barriers to successful reentry have long been identified as impeding an offender’s ability to successfully reenter society upon release from incarceration. As a result, research has long examined what shared obstacles the majority of offenders often face upon reentering society. Much of the research identifies factors such as poor education, obtaining/maintaining employment, stable housing, and transportation as common barriers to successful reentry. By using in-depth interviews with ex-offenders deemed as successful that were conducted by two respective non-profit agencies, the present study explores what significant requirements, if any, successful offenders perceive to need and/or have experienced as lacking while attempting …

Armstrong Magazine, Marketing & Communications Department, Armstrong State University

Armstrong News & Publications: Armstrong Magazine (Archived)

No abstract provided.

Patriarchal Ideology And Violence Against Women: A Theoretical Contribution Using Longitudinal, Individual-Level Analyses, Jesse Robert Mckee

Sociology & Criminal Justice Theses & Dissertations

Feminist researchers have recently highlighted the need to revive patriarchy as a theoretical tool in regards to violence against women. Patriarchy is typically considered to be a structural concept, but a theory of patriarchy for violence against women must also include an individual-level component of patriarchal ideology. Patriarchal ideology has not been clearly conceptualized and is rarely operationalized. Very little research has assessed patriarchal ideology as a dependent variable and almost none has done this longitudinally. This research aims to fills these gaps. The current study also seeks to identify significant predictors of change in patriarchal ideology, an issue of …

Of Counsel, Volume 16 | Spring 2014, North Carolina Central University School Of Law

Of Counsel

No abstract provided.

Maine Crime & Justice Data Book 2014, George Shaler Mph

Justice Policy

The 2014 Maine Crime and Justice Data Book presents a portrait of crime and justice indicators in the state, using the most recent public safety, corrections, and court data available for Maine. The reports looks at ten year trends in Maine, compares Maine figures with data from other northern New England states and the United States, and presents some county level findings as well.

Enforcement Discretion And Executive Duty, Zachary S. Price

Vanderbilt Law Review

Recent Presidents have claimed wide-ranging authority to decline enforcement of federal laws. The Obama Administration, for example, has announced policies of abstaining from investigation and prosecution of certain federal marijuana crimes, postponing enforcement of key provisions of the Affordable Care Act, and suspending enforcement of removal statutes against certain undocumented immigrants. While these examples highlight how exercises of executive enforcement discretion-the authority to turn a blind eye to legal violations-may effectively reshape federal policy, prior scholarship has offered no satisfactory account of the proper scope of, and constitutional basis for, this putative executive authority. This Article fills that gap. Through …

Political Science News And Views, Spring 2014, 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