Digital Commons Network^™

Crime? No, It Wasn't Really Crime': Using Oral History And Memoirs To Teach Crime History, Rosalind Watkiss-Singleton

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

This article suggests that oral interviews, autobiographies and memoirs provide a new perspective on the teaching of crime history. Oral testimony can augment the traditional sources which are generally used for this purpose, giving fresh insights into popular attitudes to criminal activities and behaviour. Through the use of interviews, either student-generated or culled from existing oral history archives, the words and opinions of the perpetrators, victims and the general public will allow students and lecturers to supplement existing evidence in a way which will enhance both their critical understanding of behavioural patterns and developments within society. Student motivation may be …

Reflections On Teaching The History Of Early Modern European Law, Crime, And Punishment To Undergraduates, Michael Conforti

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

Teaching the history of early modern European law and crime presents a number of possible obstacles to student learning. These include exposure to an unfamiliar historical narrative, encounters with different conceptions of social norms, deviancy, discipline, social control, illegality, and dispute resolution which are foreign to the experience of today's students, and confrontations with complex legal ideas, vocabulary, writing conventions, and methods of analysis. In some institutions of higher learning, these challenges may be magnified by curricular requirements mandated by the institution itself. One way to overcome these potential impediments to student learning is to adopt teaching methods which incorporate …

The Benefits Of Mercy: Teaching Law And Exception In The Inquiry-Based Classroom, Lesley Skousen

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

The law and related trial records convey moments of history involving people who otherwise left few records behind. Court records provide students with compelling stories that convey unique elements of historical life. This article explores theories of punishment and mercy while introducing readers to a variety of legal databases and lesson plans in the inquiry-based model of teaching. By focusing on the anatomy of law and punishments in early modern England, the article presents a formula for teaching crime, law, and mercy that may be applied for any historical subject in the college classroom.

Teaching And Learning In Crime And Criminal Justice History: An Overview, Henry Yeomans

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

No abstract provided.

Outrageous Violations: Enabling Students To Interpret Nineteenth Century Newspaper Reports Of Sexual Assault And Rape, Kim Stevenson

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

This article is divided into two parts: the first highlights some of the difficulties and limitations for students and tutors who wish to explore the historiography of rape and sexual assault. In particular it addresses the problematic issue of accessing and interpreting the official records of such proceedings in the criminal courts. As an alternative it is suggested that nineteenth century newspaper reports written by professional lawyer-reporters can provide an effective substitute and can be justified as a primary research source. The second part offers a series of four case studies of sexual assaults as reported in The Times newspaper …

Putting Undergraduates On Trial: Using The Old Bailey Online As A Teaching And Assessment Tool, David Gray

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

No abstract provided.

Smedley D. Butler And The Militarisation Of The Philadelphia Police, 1924-1925, Ellen Leichtman

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

The importance of the military as a police model in the U.S. had been eliminated, for the most part, from criminal justice and police studies until the 1980s-1990s, even as the professional model was studied extensively. The military, however, had been a strong presence since at least the turn of the last century. As reformers from that time began to fight against machine rule in city after city, they often adopted the military paradigm as their police model, and sought those with military backgrounds to head police departments. The new mayor of Philadelphia chose a Marine Brigadier General, Smedley D. …

The Prisoners' Counsel Act 1836: Doctrine, Advocacy And The Criminal Trial, Cerian Charlotte Griffiths

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

In recent years greater numbers of thinkers have considered the Prisoners' Counsel Act 1836 but have viewed the Act through the lens of Whig history, as a further manifestation of the modernisation of criminal justice in the inevitable march towards adversarialism. This article addresses how the Act has been understood within broader literature concerning the nineteenth century felony trial. In particular, greater attention is paid to how counsel reacted to the Act, considering the nature of the contemporary Bar, the apparent silence from the Bar in reaction to the Act, what evidence might be drawn upon to gauge how members …

Empathy Or Entertainment? The Form And Function Of Violent Crime Narratives In Early-Nineteenth Century Broadsides, Kate Bates

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

This article will explore the meaning and morality of popular accounts of violent crime in early-nineteenth century broadsides. Broadsides were a form of street literature and, for almost 300 years until the latter half of the nineteenth century, they were a forerunner to our modern tabloid newspapers. These flimsy sheets were published on a wide range of topics, but by far the most prevalent were those covering violent crime, especially murder. The publication of these broadsides reached a peak in the first half of the nineteenth century and their popular appeal was greatest among the labouring poor. This has led …

Our Free Society Is Worthy Of Better': Caryl Chessman, Capital Punishment, And Cold War Culture, David Ruth

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

Convict author Caryl Chessman was the focus of international attention from 1954 until his 1960 execution at San Quentin. Americans used Chessman to articulate understandings about themselves, their society, and their place in the world. Many used the case to comment on new understandings of behaviour and its modifiability, the apparent post-war rise in juvenile delinquency, and the prospects for individual autonomy in an increasingly conformist society. Cold War concerns profoundly shaped the discourse about Chessman. For some activists, global save-Chessman sentiment pointed to the possibility of transcending bitter international divisions. Execution opponents believed commutation would highlight the progressive social …

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.

Conceptualising Media Representations Of Crime And Justice Within Historical And Contemporary Criminology, Ian Marsh

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

No abstract provided.

The Structure Of Authority And The Prosecution Of Crime In The Sheriff Courts Of Mid-Victorian Scotland, Robert Shiels

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

The law of Scotland has barely recognised the existence of private prosecutors and the preferred policy has been prosecution by a public prosecutor in the public interest. The legal persona engaged in public prosecution in the Sheriff Court has been traditionally the Procurator Fiscal. The move towards the modern system of public prosecution necessarily required legislative authority from the Imperial Parliament. The Sheriff Court reform in 1877 altered the dynamics of judicial oversight of the local public prosecutor and revealed something of the structure of authority. Elements of the concepts of the inquisitorial and accusatorial influence may be seen in …

Judge Rakoff V. The Securities And Exchange Commission: Are "Neither Admit Nor Deny" Settlement Agreements In Securities Cases In The Public Interest?, Daniel T. Hubbell

Transactions: The Tennessee Journal of Business Law

“DPAs [(Deferred Prosecution Agreements)] have had a truly transformative effect on particular companies and, more generally, on corporate culture across the globe,” declared Lanny Breuer, the head of the Criminal Division of the U.S. Department of Justice (DOJ) on September 13, 2012.2 Deferred prosecution agreements (DPAs) and non-prosecution agreements (NPAs) are settlement agreements between a prosecutor and a defendant in which the prosecutor agrees to either defer or forego prosecution in return for the defendant’s cooperation in an ongoing investigation or prosecution, as well as an agreement to comply with the requirements of the settlement. Rather than forcing prosecutors to …

He Seems Like A Good Kid Lessons In Informal Social Control From A Midwestern Peer Court Program, Patricia Lee Maddox

Dissertations

This study examines how peer court jurors make meaning out of the sanctioning trials of youth offenders. In particular, it focuses on how peer court jurors understand juvenile delinquency, deterrence and punishment. Data was collected utilizing ethnographic field observation methods while attending a Midwestern County's peer court program between the end of the 2011-2012 school year and the 2012-2013 school year. Thirteen interviews were conducted after the sessions with willing peer court jurors in order to supplement the field work data.

During the peer court sessions the youth jurors tried to understand the nature of the offenses and how to …

Seeing The State: Women, Incarceration, And Social Marginality, Cesraea Rumpf

Dissertations

Based on in-depth, semi-structured qualitative and photo-elicitation interviews with 36 formerly incarcerated women, this dissertation answers three central research questions: (1) How does the state structure women's post-incarceration experiences? (2) How do these post-incarceration experiences relate to women's experiences of criminalization and incarceration? (3) How do women respond to criminalization, incarceration, and post-incarceration? By centering women's standpoint, I draw upon poststructuralist theories of the state to show how women experienced governance across multiple sites. I first examine the violence and dehumanization women experienced in their encounters with the criminal legal system and how the state labeled women as "criminals" and …

Of "Texans" And "Custers": Maximizing Welfare And Efficiency Through Informal Norms, M. Alexander Pearl

Faculty Articles

Professor Robert Ellickson (Yale) theorized that the informal norms of a close-knit community maximize aggregate welfare and Professor Barak Richman (Duke) identified two distinct types of private ordering systems: “shadow of law” and “order without law.” Under the Ellickson-Richman structure, many Indian tribes qualify as close-knit groups where informal norms effectively operate. The additional trait of isolation — both geographic and cultural — makes them ideal communities for the prioritization of informal norms. The imposition of external law, such as state law, is harmful and unnecessary to the maintenance of order in these communities. Recent legislative efforts to ameliorate criminal …

Trade, Competitiveness And Employment In The Global Economy, Susan N. Houseman

Employment Research Newsletter

No abstract provided.

Steubenville And Beyond: The Constitutional Case For Comprehensive Sex Education, Kelly E. Mannion

Cardozo Journal of Equal Rights & Social Justice

The article argues that states are constitutionally required to provide comprehensive sex education to minors, as it is essential for their ability to exercise their constitutional rights to privacy, liberty, and autonomy. The denial of adequate sex education constitutes an undue burden on these rights and fails to meet legal standards for rationality and pedagogical interest. The right to receive information under the First Amendment, combined with the liberty right in sexual and reproductive choice under the Fourteenth Amendment, compels recognition of a state duty to provide such education.

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Panel 2: Juveniles In Solitary Confinement: Rehabilitation Or Torture?, Amy Fettig, Ian Kysel, Cynthia Soohoo, Homer Venters, Michael Corradini

Cardozo Journal of Equal Rights & Social Justice

Symposium: Life in the Box: Youth in Solitary Confinement

Keynote: Five Omar Mualimmak, Five Omar Mualimmak

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Thinking Outside The Box: Limiting The Collection Of Rape Kit Evidence In Acquaintance Rape Trials, Taylor Gamble

Cardozo Journal of Equal Rights & Social Justice

The note argues that limiting the collection of rape kit evidence in acquaintance rape cases could strike a balance between reducing victim trauma, conserving resources, and maintaining the integrity of the justice system. While DNA evidence is crucial in stranger rape cases, its utility in acquaintance rapes is limited since the central issue is often consent rather than identity. The analysis weighs the benefits of minimizing invasive exams and protecting victim privacy against the potential loss of probative evidence, ultimately suggesting that the benefits of selective collection outweigh the harms.

What Is A Reference Collection?, Jim Alderman

Beginning Library & Information Systems Strategies

Help understanding a library's reference collection.

The Quest For Finality: Five Stories Of White Collar Criminal Prosecution, Lucian E. Dervan

Law Faculty Scholarship

In this symposium article, Professor Dervan examines the issue of finality and sentencing. In considering this issue, he argues that prosecutors, defendants, and society as a whole are drawn to the concept of finality in various ways during criminal adjudications. Further, far from an aspirational summit, he argues that some outgrowths of this quest for finality could be destructive and, in fact, obstructive to some of the larger goals of our criminal justice system, including the pursuit of truth and the protection of the innocent. Given the potential abstraction of these issues, Professor Dervan decided to discuss the possible consequences …

Catalog 2014-2015, University Of North Florida

UNF Course Catalogs

No abstract provided.

Public Policy Research & Drafting: A Pro Bono And Law Library Collaboration, Tara L. Casey, Suzanne B. Corriell

Law Faculty Publications

As the Carrico Center for Pro Bono Service at the University of Richmond School of Law continued to grow its programs, forays into the areas of public policy and advanced legal research grew as well. for a number of years, our law students volunteered with nonprofit organizations during the General Assembly session, learning firsthand how issues develop into policy, which sometimes then develops into Jaw. This experience required our students to expand their legal research and writing skills beyond the traditional case law and brief writing methods. Furthermore, a growing number of students were interested in pursuing legislative or public …

Interpreting The Meaning Of “Corruptly Persuades”: Why The Ninth Circuit Got It Right In United States V. Doss, 630 F.3d 1181 (9th Cir. 2011), Daniel Leddy

Nebraska Law Review

The prosecution and deterrence of witness tampering is unmistakably a major concern of our criminal justice system. Indeed, “[w]ithout the cooperation of victims and witnesses, the criminal justice system would cease to function.” As important as this concern is, however, there must be clear limits on what type of conduct comprises witness tampering in the eyes of the law. Congress has laid out those limits in 18 U.S.C. § 1512—the federal witness tampering statute. Section 1512(b) prohibits the corrupt persuasion of another person with the intent to impede an official proceeding. Unfortunately, courts apply different interpretations of § 1512(b), resulting …

Shifting The Lens: A Primer For Incorporating Social Work Theory And Practice To Improve Outcomes For Clients With Mental Health Issues And Law Students Who Represent Them, Susan Mcgraugh, Carrie Hagan, Lauren Choate

All Faculty Scholarship

This Essay is an effort to promote the inclusion of interdisciplinary practice in our work as attorneys and in our roles as clinical legal professors. As the legal community continues its renewed emphasis on skills training, law schools should look to other professions in order to produce more lasting solutions for our clients and for more satisfactory outcomes for our lawyers. In this Essay, the authors discuss their work incorporating social work theory and practice into clinical legal education when dealing with clients who have serious mental illness. With some studies reporting up to 64.2% of inmates in the United …

Can Retributivism Be Saved?, Chad Flanders

All Faculty Scholarship

Retributive tbeory has long held pride of place among theories of criminal punishment in both philosophy and in law. It has seemed, at various times, either much more intuitive, or rationally persuasive, or simply more normatively right than other theories. But retributive theory is limited, both in theory and practice, and in many of its versions is best conceived not as a theory of punishment in its own right, but instead as shorthand for a set of constraints on the exercise of punishment. Whether some version of retributive theory is a live possibility in the contemporary world remains very much …