Digital Commons Network^™

School Surveillance And The Fourth Amendment, Jason P. Nance

UF Law Faculty Publications

In the aftermath of several highly-publicized incidents of school violence, public school officials have increasingly turned to intense surveillance methods to promote school safety. The current jurisprudence interpreting the Fourth Amendment generally permits school officials to employ a variety of strict measures, separately or in conjunction, even when their use creates a prison-like environment for students. Yet, not all schools rely on such strict measures. Recent empirical evidence suggests that low-income and minority students are much more likely to experience intense security conditions in their school than other students, even after taking into account factors such as neighborhood crime, school …

Smoke And Mirrors: Model Penal Code § 305.7 And Compassionate Release, E. Lea Johnston

UF Law Faculty Publications

The American Law Institute has revised the sentencing articles of the Model Penal Code to include three important sentence modification measures. One of these provisions, Model Penal Code § 305.7, would allow a judge to reduce a prison sentence at any time for any “compelling” reason, if the purposes of sentencing justify sentence modification. Compelling circumstances may include advanced age, physical infirmity, or any other circumstance that sufficiently affects the retributive or utilitarian aims that animate limiting retributivism, the philosophy undergirding the revised Model Penal Code sentencing articles. Limiting retributivism provides that individual sentences should occur within the bounds of …

Reflections On The Indictment Of Sitting Heads Of State And Government And Its Consequences For Peace And Stability And Reconciliation In Africa, Charles Chernor Jalloh

Articles

In these remarks, the author considers the most recent challenge to the application of international criminal justice in Africa: Kenya's controversial November 2013 proposal to amend the Rome Statute of the International Criminal Court to temporarily exempt from prosecution sitting presidents accused of involvement with international crimes. He examines several legal and practical reasons why such a proposal is untenable. Instead, citing the principle of complementarity and urging the principled use of judicial and prosecutorial discretion, he contends that much of the African Union's current concerns about the Kenya Situation can be addressed within the confines of existing Rome Law. …

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

Articles

No abstract provided.

Front Matter

SMU Law Review

No abstract provided.

Authority, Ignorance, And The Guilty Mind, Stephen P. Garvey

SMU Law Review

No abstract provided.

Juries And Prior Convictions: Managing The Demise Of The Prior Conviction Exception To Apprendi, Nancy J. King

SMU Law Review

No abstract provided.

Beyond Prosecutor Elections, Ronald F. Wright

SMU Law Review

No abstract provided.

Jurors And Social Media: Is A Fair Trial Still Possible, Nancy S. Marder

SMU Law Review

No abstract provided.

Front Matter, Smu Law Review

SMU Law Review

No abstract provided.

Why State Prisons?, W. David Ball

Faculty Publications

The United States finds itself in an era where the cost of state prisons is both extremely large and politically salient. State prisons held approximately 1.3 million people in 2012, almost twice as many people as county jails and more than five times as many as federal prisons. The total cost of state corrections in2010 was $48.5 billion. In response, states nationwide are now experimenting with ways to reduce their role in imprisonment. The United States Department of Justice's Bureau of Justice Assistance launched the Justice Reinvestment Initiative to promote policies that reduce prison populations; the seventeen states that have …

"Because Ladies Lie": Eliminating Vestiges Of The Corroboration And Resistance Requirements From Ohio's Sexual Offenses, Patricia J. Falk

Cleveland State Law Review

The Ohio General Assembly has made considerable progress in modernizing the state’s rape laws, eliminating many of the substantive and procedural obstacles to the successful prosecution of criminals. Yet, Ohio’s contemporary sexual offense provisions include vestiges of both the corroboration and resistance requirements. More specifically, the corroboration requirement (1) still applies to the crime of sexual imposition and (2) is used as a grading factor in gross sexual imposition. The resistance requirement (1) has been eliminated from rape and gross sexual imposition, but not sexual battery and sexual imposition, and (2) the wording of the existing resistance-elimination provisions is legally …

The Imperfections Of The Rule Of Law, William E. Nelson

SMU Law Review

No abstract provided.

Fall 2014, Department Of Conflict Analysis And Resolution

DCRS on the Move

No abstract provided.

Federalism And The Treaty Power: Breaking The “Bond(S)” Between Nations: The Treaty Power And Status Of Forces Agreements, Dru Brenner-Beck

American University National Security Law Brief

No abstract provided.

Why Does Florida Have Public Defender Elections, Zachary Phillips

St. Thomas Law Review

The Sixth Amendment to the Constitution guarantees that anyone within the borders of the United States who is accused of a crime will have effective assistance of counsel. The Supreme Court of the United States has deemed this principle as so fundamental to our society that it is mandated in all criminal trials. The public defender system was implemented by every state to accomplish this noble goal. The state of Florida is different from all other states, with the exception of Nebraska, Tennessee, and parts of California, in its implementations of this mandate. Florida uses an election process to determine …

Front Matter

St. Thomas Law Review

Front Matter includes Masthead, advisors, Table of Contents and Preface for St. Thomas Law Review Volume 26, Issue 3, Spring 2014.

Sinister Translations: Law's Authority In A Post-9/11 World, Jothie Rajah

Indiana Journal of Global Legal Studies

What does the killing and burial of bin Laden tell us about the sites, sources, and nature of law's authority in a post-'9/11' world?1 If law is constituted by "acts of language [that] are actions in the world,'2 then the law embodied by these events is discernible through an analysis of Obama's announcement on the killing of bin Laden. Obama's announcement avoids the term 'law' yet makes present the relationship between 'law,' justice,' legitimacy, and violence. Through critical theory on language, translation, and political myth, this paper explores the translations at work in constructing law's authority for a post-9/11 world. …

Domestic Violence, Homelessness, And The Culture Of Victim Blaming, Sybil Gelin (Class Of 2014)

Sociology Undergraduate Publications

Domestic violence is the leading cause of homelessness among women and children. According to a 1997 survey of ten cities in the United States, 57% of homeless families left their homes due to domestic abuse (ACLU, 2008). One of the reasons that victims of domestic violence constitute a significant portion of the homeless population is the “zero tolerance” or “one-strike” policies of landlords. These policies authorize landlords to evict tenants once violence transpires in their residences, regardless of whether the tenant is responsible for or is the victim of domestic abuse. What is more, the adoption and enforcement of these …

Liminality And Mental Health Court Diversion: An Interpretative Phenomenological Analysis Of Offender Experiences, Anne Nordberg

Social Work Faculty Publications & Presentations-Archive

Seriously mentally ill people are a 'revolving-door' population in criminal justice systems where they cycle in and out of courts and jails. In response and consonant with the principles of therapeutic jurisprudence, mental health courts (MHCs) have flourished in North America and Western Europe in attempts to divert this population away from jail and provision them with the social services they require to avoid legal contact. Little research has focused on the perspective of the accused in MHCs and there has been little information about which aspects of the court and diversion processes contribute to therapeutic processes in MHCs. This …

Perceptions Of Domestic Violence: Leaving Vs. Staying In Abusive Relationships, Katherine M. Arenella

Scripps Senior Theses

This study examined whether participants’ attributions of blame and responsibility toward a victim of domestic violence were influenced by whether or not the victim left her abuser. It also looked at whether or not educational information regarding the difficulties of leaving a violent partner would affect these attributions. Participants, all adults from the United States, either read a vignette in which a woman victim of domestic violence stayed with her abusive husband, or left him. Prior to reading the vignette, some participants were given information about the problems associated with leaving a violent partner, and some were not. All participants …

Shadow Dwellers: The Underregulated World Of State And Local Dna Databases, Stephen Mercer, Jessica D. Gabel

Faculty Publications By Year

No abstract provided.

The Effect Of Camera Angle And Investigator Bias On Perceptions Of Eyewitness Evidence, April Roll Gaudios

Theses, Dissertations and Culminating Projects

Police departments are increasingly videotaping lineup identifications with eyewitnesses. This study investigated the effects of videotaping lineups on mock-juror perceptions of eyewitness evidence. Seventy-five participants watched a video depicting a lineup between an investigator and a witness and subsequently answered questions designed to measure their perceptions of the witness, the investigator, and the lineup. Two variables were manipulated. Participants watched a videotaped lineup that did or did not depict investigator bias, and participants watched the lineup from one of three camera angles: witness focus, investigator focus, or equal focus. The results of this study provided strong evidence that mock jurors …

Evidence Of Lies And Rules Of Evidence: The Admissibility Of Fmri-Based Expert Opinion Of Witness Truthfulness, William A. Woodruff

Scholarly Works

No abstract provided.

Curriculum Change 2014-2015, Portland State University

Bulletin & Curriculum Change Documents

No abstract provided.

Past Tense, 2014, Retirement Association Of Portland State

Past Tense columns of the RAPS Sheet

January 2014: "Looking Back: Success as a Student, Professional, and Alumna": Cathy Bostwick Williams, B.S. Education 1956

February 2014: "The Beginning: Urban Studies at Portland State," 1959-2014

March 2014: "Lasting Artistic Impressions of Portland State Presidents": John F. Cramer and Branford P. Millar by Florence Saltzman-Heidel (1917-1972); Gregory B. Wolfe by Vera Prasilova Scott (1899-1996); Joseph C. Blumel by Sally Haley (1908-2007)

April 2014: "Vanport Extension Center: Portland State's Beginnings"

May 2014: "Vanport Extension Center Becomes Portland State College"

Summer 2014: "Art in the Park Blocks: Farewell to Orpheus" by Frederic Littman, PSU Professor of Art 1960-1973

The Impact Of Trial Evidence On Juror Decision-Making, Jeremy Shifton

Legacy Theses & Dissertations (2009 - 2024)

It is widely accepted that a confession is one of the most incriminating piece of evidence that can be presented in a criminal case (Kassin & Neumann, 1997). However, little prior research has examined the impact of situational characteristics (e.g., length of interrogation, how recently suspect has slept, etc.) of the interrogation and resulting confession. While police tactics and personal characteristics are known to impact perceptions of the resulting confession, little is known about how aspects of an interrogation might impact the perceptions of jurors. In three studies, this dissertation seeks to determine how mock jurors' perceptions of evidence strength …

Adoption And Implementation Of Alcohol And Drug Screening, Brief Intervention, And Referral To Treatment (Sbirt) In School-Based Health Centers : Provider Knowledge, Attitudes, And Perceptions As Barriers And Facilitators, Brett Harris

Legacy Theses & Dissertations (2009 - 2024)

Background: Screening, Brief Intervention, and Referral to Treatment (SBIRT) has been endorsed by the American Academy of Pediatrics as an evidence-based strategy to address risky substance use among adolescents in primary care settings. However, less than half of pediatricians even screen adolescents for substance use.

Receptivity Of Capital Jurors To Mitigating Factors Of Mental Illness, Intellectual Disability, And Situational Impairments In Death Penalty Decisions : The Capital Trial Analyzed As A Mitigating "Weight And Counterweight" To Premature Decisions And Pro-Death Bias, Leona Deborah Jochnowitz

Legacy Theses & Dissertations (2009 - 2024)

This research presents aspects of juror receptivity to mitigating factors of mental, cognitive/intellectual and situational impairments in capital sentencing decisions. The study examined types of mental factors, as well as the gender of defendants, the aggravating nature of the crime and victim vulnerability. An exploratory cross-tabulation analysis evaluated the percentages and relationships between juror closed-ended CJP survey responses to mental sentencing factors and mental evidence presented at trial for 38 cases. While the sample size was too small in some cells for significance testing, the percentages demonstrated patterns. A detailed qualitative analysis of 12 cases with strong evidence of mental …

We Can Work It Out : The Hidden Role Of The Workplace In Shaping Urban Crime Control, Chris E. Rees

Legacy Theses & Dissertations (2009 - 2024)

Ethnoracial minorities have rapidly integrated into American workplaces over the last half-century, yet little research has examined the effects of this integration on wider social processes. Drawing from minority threat theory and the contact hypothesis, this thesis examines the impact of workplace segregation on metropolitan levels of police force size during the year 2010. Findings indicate that, net of controls, workplace segregation is associated with higher levels of police forces size. Moreover these effects are a stronger predictor of police forces than residential segregation. The thesis concludes with a relevant discussion on the research and policy implications of these findings.