Digital Commons Network^™

Law And Neuroscience Recommendations Submitted To The President's Bioethics Commission, David L. Faigman, Jones D. Owen, Richard J. Bonnie, B.J. Casey

Faculty Scholarship

No abstract provided.

Perspectives On Criminal Litigation Ethics James Cole & Jeffrey Adachi, Rory K. Little, James Cole, Jeffrey Adachi

Faculty Scholarship

No abstract provided.

The Plea Bargain Machine, George Bisharat

Faculty Scholarship

No abstract provided.

Enforcement Discretion And Executive Duty, Zachary S. Price

Faculty Scholarship

No abstract provided.

Penalizing And Chilling An Indigent's Exercise Of The Right To Appointed Counsel For Misddemeanors, Russell Christopher

Articles, Chapters in Books and Other Contributions to Scholarly Works

From the Symposium: Fifty Years of Gideon: The Past, Present, and Future of the Right to Counsel.

How Masculinities Distribute Power: The Influence Of Ann Scales, Ann C. Mcginley, Frank Rudy Cooper

Scholarly Works

Ann Scales's scholarship on masculinities in relation to sexual assault and militarism prompted us to consider exactly how power is distributed by assumptions about what is masculine. For instance, men privileged by association with hegemonic masculinities — those most dominant and preferred — are sometimes excused for acts of violence against people who are denigrated as unmasculine or excessively masculine. In one set of examples, communities excuse football players for sexual assaults on grounds that "boys will be boys." The implication is that boys should be allowed to act out before taking on adult responsibilities, and that they need to …

The 'Oldest Tricks In The Book' Do Not Work! Reports Of Burglary By Duma Detainees In Western Australia, Natalie J. Gately, Jennifer Fleming, Nathalie Mcginty, Anthony M. Scott

Research outputs 2014 to 2021

Foreword : Research investigating the methods and motivations of burglars has typically focused on incarcerated offenders. The Australian Institute of Criminology’s Drug Use Monitoring in Australia (DUMA) program provided an opportunity for the authors to explore the methods and motivations of those actively involved in committing burglaries, whether or not they had actually been caught or detained for that offence. The findings support Routine Activity Theory, indicating that offenders consider a number of factors in determining whether a property will be targeted for a break and enter offence. As might be expected, opportunistic burglars choose easy to access properties, stay …

Education And Training Of Specialist Sexual Offence Investigators In Victoria, Australia From 2009 To 2011, Jennifer Anne Turnley

Theses: Doctorates and Masters

The topic of training specifically designed for investigators of sexual offences has received little attention from academic researchers to date. Previous studies have not described training provided to police investigators of sexual offences in Australia. This thesis developed Turnley’s Framework for the Examination of Police Training in Sexual Assault Investigation, to examine and describe a Sexual Offences and Child Abuse Investigative Teams (SOCIT) Course, provided to Victorian Police from 2009 to 2011. This entailed triangulation of findings from non-participant observations of one SOCIT Course, with quantitative and qualitative data sourced though an in-depth interview with course trainers; feedback sheets voluntarily …

The Supreme Court And The Rehabilitative Ideal, Chad W. Flanders

All Faculty Scholarship

Graham v. Florida was a watershed decision, not least because of the centrality of the so-called “rehabilitativeideal” to its holding that life in prison for juveniles convicted of nonhomicide crimes was cruel and unusual. The Court’s emphasis on rehabilitation was surprising both in terms of the Court’s previous decisions on punishment, in which rehabilitation was barely included as a “purpose of punishment,” but also in terms of the history of academic and legislative skepticism if not hostility toward the idea of rehabilitation (which includes two recently decided sentencing cases, Tapia and Pepper). Courts and commentators have struggled to make sense …

The New Jim Crow? Recovering The Progressive Origins Of Mass Incarceration, Anders Walker

All Faculty Scholarship

This article revisits the claim that mass incarceration constitutes a new form of racial segregation, or JimCrow. Drawing from historical sources, it demonstrates that proponents of the analogy miss an important commonality between the two phenomena, namely the debt that each owe to progressive and/or liberal politics. Though generally associated with repression and discrimination, both Jim Crow and massincarceration owe their existence in part to enlightened reforms aimed at promoting black interests; albeit with perverse results. Recognizing the aspirational origins of systematic discrimination marks an important facet of comprehending the persistence of racial inequality in the United States.

Marxist And Soviet Law, Stephen C. Thaman

All Faculty Scholarship

This chapter addresses both the Marxist critique of law before the Russian Revolution and the development of the Soviet Law Structure. It discusses the three main trends in Soviet Criminal Law before elucidating how these trends affected the General Part and the Special Part of Soviet Criminal Codes and overall Soviet criminal policy.

Further Reflections On The Pardoning Power: Reply To Hoskins And Drinan, Chad Flanders

All Faculty Scholarship

Galifianakis: "First question. In 2013, you pardoned a turkey. What do you have planned for 2014?"

Obama: "We'll probably pardon another turkey". ¹

First, let me express my gratitude to the incisive comments of Zach Hoskins and Cara Drinan. I have long been a fan of Hoskins' s work, and his forthcoming book on the collateral consequences of punishment promises to be pathbreaking.² The influence of Drinan's scholarship on the pardoning power³ is evident in my original essay⁴ and her newer work on the Graham case has again inspired me in new directions in my research.^{5 …}