Digital Commons Network^™

Recipe For Resilience: Factors Contributing To Urban African American Males' Post-Secondary Academic Achievement, Melvin Thomas Hargrett

Dissertations

The present research sought greater understanding of and contributes additional insights into supporting the academic success of African American males in urban public high schools and in higher education. The findings based on eight world life interviews of successful African American males from an urban community adds valuable information about the community factors (family, church, schools and community organizations) that contribute to the development of resiliency among African American males. Additionally, the research sought to provide a detailed account of the community wisdom (messages and methods) that informed resilience. Lastly, the transformative nature of resilience was explored in collegiate settings, …

Book Review: The Basics Of Digital Forensics: The Primer For Getting Started In Digital Forensics, Stephen Larson

Journal of Digital Forensics, Security and Law

The Basics of Digital Forensics: The Primer for Getting Started in Digital Forensics is well-named–it really is very basic. And it should be, as the book’s intended audience includes entry-level digital forensics professionals and complimentary fields such as law enforcement, legal, and general information security. Though the copyright is 2012, some of the data is from 2009, and there is mention of estimates for 2010.

Personal Denial Of Service (Pdos) Attacks: A Discussion And Exploration Of A New Category Of Cyber Crime, Michael R. Bartolacci, Larry J. Leblanc, Ashley Podhradsky

Journal of Digital Forensics, Security and Law

The growth of the Internet has created a corresponding growth in Internet-based crimes and online misbehavior, particularly among younger computer-savvy people. Younger generations have grown up in a world where internet access, social networking, e-commerce and smartphones are commonplace. Given this fact, they have learned how to use, and how to abuse, technology. This leads us to define a new category of cybercrime called a Personal Denial of Service attack (PDOS). A PDOS is a cyber-crime in which an individual deliberately prevents the access of another individual or small group to online services such as email or banking. Due to …

Remarks On The 2014 Rural Practice Symposium: Indian Country & Rural South Dakota, Leroy J. R. Laplante

South Dakota Law Review

No abstract provided.

Article 6 In The Supreme Court: Conflicting Views On The Right Of Confrontation, James Bird

The Plymouth Law and Criminal Justice Review

This article explores the disparate jurisprudence of the European Court of Human Rights and the appellate courts of England and Wales in relation to Article 6 European Convention on Human Rights, the right to a fair trial. It examines the differing views of the UK and Strasbourg courts in relation to the right of confrontation and argues that in the absence of provision for reform, the statutory safeguards employed by the UK criminal justice system strike an appropriate balance between the rights of defendants and the rights of victims and witnesses in criminal trials.

Working Towards Productive Seas: A Comparative Analysis Of The Marine Management Regimes Under Uk And Scottish Law, Danielle Lowther

The Plymouth Law and Criminal Justice Review

This research presents a comparative analysis of the marine management regimes under the Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010. In light of the vision shared by both administrations to achieve 'clean, healthy, safe, productive and biologically diverse oceans and seas', the research focuses upon the tension between achieving 'productivity' in the marine area and ensuring the sustainable use of marine resources. In particular, it examines the differences in the way in which productivity is defined and measured under each regime, and provides a consideration of the extent to which an appropriate balance is struck …

The Viewing Glass Of Disorder: Do Adults' Perceptions Of 'Youth' Affect Their Perceptions Of The 'Disorder' In Their Locality?, Grant Kennett

The Plymouth Law and Criminal Justice Review

This dissertation explores the extent to which adults' perceptions of youth affect their perceptions of disorder in their local area. Utilising qualitative data from semistructured interviews and a focus group alongside secondary data from the Safer Cornwall Partnership Strategic Assessment (Sorensen 2012), the aim of this study was to not only establish if adults' perceptions of young people have a direct impact upon their perceptions of disorder in the Cornish town of St. Austell, but to also analyse how such perceptions are established, informed and influenced. Grounded by a wholly interpretive epistemology and through a 'thematic' analytical approach, it was …

Legal Heroes And Practising Villains In The Nineteenth Century Press, C. J. Newbery-Jones

The Plymouth Law and Criminal Justice Review

This short piece will highlight the importance of the newspaper in the nineteenth century as a historical source for examining the public perception of the barrister. It will draw upon selected press extracts from nineteenth century newspapers to illustrate a sample of the differing representations of barristers in Victorian England. This piece will begin to analyse how these public portrayals of barristers created 'heroes' and 'villains' of some of Victorian England's most eminent and infamous legal minds and establish whether these 'heroes' and 'villains' perpetuated historical cultural stereotypes of lawyers.

Digital Piracy: Neutralising Piracy On The Digital Waves, Alexander Bryan

The Plymouth Law and Criminal Justice Review

Rates of digital piracy, defined by Gopal, et al. (2004: 3) as 'the illegal act of copying digital goods for any reason other than backup, without permission from or compensation to the copyright holder', appear to be rising despite increasingly stringent methods employed by both legislators and the industries affected to curtail it. The harm it causes the industries is also increasing; affecting everyone from producers to consumers. This study explores the aetiology of digital piracy; specifically whether students in the United Kingdom neutralise the guilt for their actions through the use of Sykes and Matza's (1957) techniques of neutralisation. …

The Art Of Advocacy, The Right Honourable The Lord Judge The Right Honourable The Lord Judge

The Plymouth Law and Criminal Justice Review

No abstract provided.

Hiding Behind The Law? A Critique Of The Law And Practice Under The Adoption And Children Act 2002, Lisamarie Deblasio

The Plymouth Law and Criminal Justice Review

This article presents a critical analysis of adoption law in Britain. In particular, it focuses on provisions of the Adoption and Children Act 2002 (ACA), and the subsequent interpretation by the Family Courts, which appear to drastically compromise the rights of natural parents. Only in the last three decades has changed perception of family structure altered the theory of adoption. This is illustrated by way of adoption now being a service of permanency for children in the care of local authorities, which has developed to replace the traditional relinquishment of new born babies of previous decades. This historic adoption method …

Report Of Research On Youth Offending Team Partnerships And The Social Context Of Youth Crime, Patricia Gray

The Plymouth Law and Criminal Justice Review

No abstract provided.

Privacy V Freedom Of Speech: A Comparative Study On The Law Of Privacy And Freedom Of Expression In Relation To The Press, In The Uk And The Usa, Oludolapo Ogunsola

The Plymouth Law and Criminal Justice Review

The principal objective of this paper is to critically examine how freedom of expression is balanced with rights to privacy against media intrusion. This study compares the right of privacy and the right to freedom of expression in the federal republic of the United States of America (USA) and the sovereign state of the United Kingdom (UK). The contention of this study is that there is a need for a more strictly enforced protection of privacy by media regulatory bodies in both countries and that there should be a standard of legal protection against invasions of privacy by the media. …

Justice For Sale': An Empirical Examination Of The Attitudes Of Criminal Defence Lawyers Towards Legal Aid Reform, Tom Smith

The Plymouth Law and Criminal Justice Review

This article discusses empirical fieldwork undertaken at the 'Justice For Sale' meeting of criminal defence lawyers, in May 2013. The fieldwork aimed to explore the views of defence lawyers in relation to the ongoing programme of reforms in their area of practice – particularly those launched by the 'Transforming Legal Aid' consultation in April 2013. Combining quantitative and qualitative methods, the fieldwork asked respondents about price-competitive tendering (PCT), client choice, QASA, direct action, their relationship with the Government and the impact the reforms would have on the service provided to suspects and defendants. The article examines the data collected and …

Anglo-American Reflections Original Reproductions, Lord Bingham Lord Bingham

The Plymouth Law and Criminal Justice Review

No abstract provided.

(Re)Settlement? Transitions From Custody To Community For Socially Excluded Children And Young People, Sarah Hocking

The Plymouth Law and Criminal Justice Review

Despite recent declines in the use of custody for children and young people, reoffending rates for this age group remain notoriously high at over seventy per cent (Ministry of Justice, 2013) and their aftercare or resettlement support is consistently criticised for failing to address their complex needs. However with recent resettlement developments promising 'enhanced' and intensive provision, this article seeks to explore this using findings from semi-structured interviews and documentary analysis. Making particular use of Levitas et al.'s (2007) conceptualisation of social exclusion, this article provides a discussion of the resettlement needs of young custody leavers and an evaluation of …

Is The Duchy Of Cornwall Entitled To Crown Immunity?, John Kirkhope

The Plymouth Law and Criminal Justice Review

Is the Duchy of Cornwall Entitled to Crown Immunity?

Alternative Dispute Resolution (Adr): An Overview Of Some Common Mechanisms, And Their Strengths And Weaknesses In Context, Harry Perrin

The Plymouth Law and Criminal Justice Review

Alternative Dispute Resolution, or 'ADR', offers parties in dispute an alternative to traditional court-based litigation, which is often seen as slow, costly and ineffective. ADR frequently involves a neutral third party who will settle or facilitate resolution of the dispute. This paper examines three common ADR mechanisms, adjudication, arbitration and mediation, and.explores their relative advantages and disadvantages in different contexts.

The Coroners And Justice Act 2009: '(A)Mending' The Law On Provocation?, Carrie-Ann Blockley

The Plymouth Law and Criminal Justice Review

This article identifies the criticisms with the partial defence of provocation and examines whether the new loss of control defence, as enacted under the Coroners and Justice Act 2009, addresses these criticisms and creates an effective defence.

Editorial, Kim Stevenson, Lesley Simmonds

The Plymouth Law and Criminal Justice Review

No abstract provided.

A Home With Dignity: Domestic Violence And Property Rights, Margaret E. Johnson

All Faculty Scholarship

This Article argues that the legal system should do more to address intimate partner violence and each party's need for a home for several reasons. First, domestic violence is a leading cause of individual and family homelessness. Second, the struggle over rights to a shared home can increase the violence to which the woman is subjected. And third, a woman who decides to continue to live with the person who abused her receives little or no legal support, despite the evidence that this decision could most effectively reduce the violence. The legal system's current failings result from its limited goals-achieving …

Foreword: The Death Penalty In Decline: From Colonial America To The Present, John Bessler

All Faculty Scholarship

This Article traces the history of capital punishment in America. It describes the death penalty's curtailment in colonial Pennsylvania by William Penn, and the substantial influence of the Italian philosopher Cesare Beccaria -- the first Enlightenment thinker to advocate the abolition of executions -- on the Founding Fathers' views. The Article also describes the transition away from "sanguinary" laws and punishments toward the "penitentiary system" and highlights the U.S. penal system's abandonment of non-lethal corporal punishments.

Converge! Reimagining The Movement To End Gender Violence Symposium: Panel On Intersections Of Gender, Economic, Racial, And Indigenous (In) Justice, Margaret E. Johnson

All Faculty Scholarship

JOHNSON: This presentation envisions what a better domestic violence legal system might look like for persons subjected to domestic abuse who have not had their needs met or who have been harmed by the current legal system. The paper reframes the focus of the civil legal system from a paradigm of safety into a paradigm of security, including economic, housing, health, and relationship security. This reframing permits a focus on the domestic violence legal system and its intersecting systems of oppression such as race, gender, class, and ethnicity.

Currently, the domestic violence legal system targets short-term physical safety of the …

An Exploration Of How The Social Supply And User-Dealer Supply Of Illicit Drugs Differs To Conventional Notions Of Drug Dealing And Consideration Of The Consequences Of This For Sentencing Policy, Leah Moyle

Other Faculty of Arts, Humanities and Business Theses

The concept of ‘social supply’ has emerged as a term used both in the UK, and internationally, to describe drug distribution that is non-commercially motivated and almost exclusively found between friends and acquaintances. Social suppliers have increasingly been presented as actors who are qualitatively different to drug dealers (proper), in relation to their motivation and their activity. As a result, they have increasingly become identified as a group who should be distinguished as such legally (Police Foundation, 2000; Release, 2009). While social supply behaviours can be identified in wider research literature relating to recreational drug use, there is a relative …

Blackshirts And White Wigs: Reflections On Public Order Law And The Political Activism Of The British Union Of Fascists, Iain Channing

Other Faculty of Arts, Humanities and Business Theses

While domestic fascism within the United Kingdom has never critically challenged Parliamentary sovereignty, it has decisively disrupted public order since its roots were established in the inter-war political scene. The violence provoked by Sir Oswald Mosley’s British Union of Fascists (BUF) was one of the stimulating factors behind the enactment of the Public Order Act 1936. This Act significantly strengthened the powers of the police to regulate or proscribe varies forms of political activism. This thesis analyses the legal responses of Parliament, the police and the judiciary to interwar British fascism. In addition, by analysing the legal responses to public …

Legal Risk Associated With Electronic Funds Transfer, Samahir Abdulah

Other Faculty of Arts, Humanities and Business Theses

The past thirty years have seen rapid advances in the technological component of banking services and as a consequence new legal issues have come to the fore, especially with regard to Electronic Fund Transfers (EFTs) which are now used to transfer money around the world, and have made fund transactions between payers and payees easier, faster and more secure. The method involves risks for both banks and customers, due to the possibility of unauthorized payments risks, credit and insolvency problems, and confidentiality issues. Most contracts and obligations now depend on the new technology, although there is a variety of methods …

An Evaluation Of Clinical Interventions And Client Satisfaction In A Mandated Massachusetts Driver Alcohol Education Program : A Project Based Upon An Investigation At Spectrum Health Systems, Fitchburg, Massachusetts, Adesholla L. Gionet

Theses, Dissertations, and Projects

This study was carried out to evaluate the use of psycho-education as a clinical intervention with court-mandated, drunk, and under-the-influence (DUI) clients, as well as, those who operated a motor vehicle under-the-influence (OUI). Additionally, the study was designed to determine the extent of client-perceived satisfaction in a Massachusetts Alcohol Education program. Furthermore, the study intended to give clients a voice in expressing themselves about what elements of the program could benefit from improvement in order to assist in motivating court-mandated clients to make positive behavioral changes that will result in lower alcohol and substance-use related recidivism rates. A questionnaire was …

Youth Incarceration : Restorative Justice And Social Work Practice, Elissa N. Berlinger

Theses, Dissertations, and Projects

This project examined the problem of juvenile crime and incarceration. I explored how two Criminal Justice theories—Attribution theory and Deterrence theory—support and explain the problem, and how two Social Work theories—Social Justice theory and Responsive Regulation theory—offer an alternative view and solution to the problem. I explained the principles and program models of Restorative Justice and strived to understand why there are so few Social Workers involved in Restorative Justice programs. Through this work, I addressed the following questions: with Restorative Justice carrying similar values as the Social Work profession, why are Social Workers not involved in Restorative Justice programs? …

Domestic Violence And The Legal System: A Case Study Of 10 Mexican Women And The Process Of Seeking Legal Recourse, Martha Cecilia Espinosa

Master's Theses

This study explores the experiences of ten Mexican women currently receiving services with Safe Pathways, a non-profit organization dedicated to providing resources to survivors of domestic violence. In this study, I attend to how these women experience and negotiate gender, intimate relationships, and the legal system, and I explore the strategies that they develop to overcome gendered constraints associated with being undocumented and battered. I find that women's experiences with the legal system are shaped by a variety of factors outside of its auspices, including gendered norms and class constraints. Existing literature on Latinas and battered women in the legal …

Editorial, Judith Rowbotham, Kim Stevenson, Samantha Pegg

SOLON Law, Crime and History (previously SOLON Crimes and Misdemeanours: Deviance and the Law in Historical Perspective)

No abstract provided.