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Taylor: A Magazine For Taylor University Alumni, Parents And Friends (Fall 2014), Taylor University

The Taylor Magazine (1963-Present)

The Fall 2014 edition of Taylor Magazine, published by Taylor University in Upland, Indiana.

Showing Up: Eyewitness-Identification Requirements In Bosnia And Herzegovina: A Comparative Case Study, Carrie Leonetti

Dickinson Law Review (1908-2003)

Almost all jurisdictions in the United States, at least under some circumstances, permit the highly suggestive procedure of a "showup"- in essence, a one-person lineup containing only the suspect. In Bosnia and Herzegovina, on the other hand, identifications resulting from showups are categorically prohibited, even though requiring full lineups in all cases inevitably causes relative delays in police investigations. This case study explores that crucial difference between the two systems and attempts to assess what, if anything, the United States could learn from the Bosnian requirement that eyewitnesses always be shown fillers, in addition to the suspect, when being asked …

It’S Not Too Difficult: A Plea To Resurrect The Impossibility Defense, Ken Levy

All Scholarship

No abstract provided.

Explaining Violent Extremism For Subgroups By Gender And Immigrant Background, Using Sat As A Framework, Nele Schils, Lieven Pauwels

Journal of Strategic Security

The principal object of this paper is to study the effects of extremist propensity, exposure to extremist moral settings and their interaction effect on political violence in sub groups by gender and immigrant background. The situational action theory, as outlined by Wikström is used as a framework. Although previous studies have found empirical evidence for this interaction effect in the light of general offending, no study so far has applied SAT to the study of violent extremism. In doing so, we will also address the stability of the interaction effect by gender and immigrant background. The present study is based …

Rehabilitate Or Incarcerate? A Comparative Analysis Of The United States' Sentencing Laws On Low-Level Drug Offenders And Portugal's Decriminalization Of Low-Level Drug Offenses, Caroline E. Sapp

Cardozo Journal of International and Comparative Law

America's criminal justice system is in need of targeted reform. Throughout this country, too many Americans are trapped- and too many communities are weakened - by a vicious cycle of poverty, criminality, and incarceration. Too many people go to too many prisons for far too long - and for no truly good law enforcement reason. The U.S. prison population has grown at an astonishing rate over the last three decades - by almost 800 percent since 1980, despite the fact that America's overall population has increased by only about a third. As we speak, more than 219,000 federal inmates are …

This Is Your Sword: How Damaging Are Prior Convictions To Plaintiffs In Civil Trials?, Kathryn Stanchi, Deirdre Bowen

Washington Law Review

The conventional wisdom in law is that a prior conviction is one of the most powerful and damaging pieces of evidence that can be offered against a witness or party. In legal lore, prior convictions seriously undercut the credibility of the witness and can derail the outcome of a trial. This Article suggests that may not always be true. This Article details the results of an empirical study of juror decision-making that challenges the conventional wisdom about prior convictions. In our study, the prior conviction evidence did not have a direct impact on the outcome of the civil trial or …

The Not So Speedy Trial Act, Shon Hopwood

Washington Law Review

The Speedy Trial Act (STA) of 1974 occupies a peculiar place in the criminal justice system. Very few pieces of legislation can lay claim to protecting both the rights of criminal defendants and the public’s significant interest in timely justice, while reducing the cost of judicial administration. The STA formerly accomplished these lofty aims by reducing pretrial delays. But for the past two decades legal scholars have ignored the STA, and both prosecutors and defense attorneys have subverted the STA’s goals by routinely moving for continuances. And although the Act categorically applies in every federal criminal case, it has been …

Reading Du Bois On East Africa: Epistemological Implications Of Apartheid Constructions Of Knowledge, Jesse Benjamin

Faculty Articles

This paper "reads" the scholarship of W. E. B. Du Bois and references East African history and historiography, including the broader pan-African tradition of which Du Bois was a leading member. Du Bois and his pan-African colleagues were often more accurate in their analyses and perception of biases and colonial myths than their Western counterparts. What is significant is that biases and myths that existed some fifty or more years before acknowledgement in the academy persist today, which raises important questions about the relationship between epistemology and identity, and between racial consciousness and the politics of academic production.

Uwlaw, Fall 2014, Vol. 68

Alumni Magazines

No abstract provided.

Sacred Heart University Magazine, Fall 2014, Sacred Heart University

Sacred Heart University Magazine

The lead story in this issue is about naming the new academic building the Frank and Marisa Martire Business & Communications Center. More campus building initiatives are announced in this issue. Also announced are several new undergraduate and graduate degree offerings, the accomplishments and projects of several faculty members, alumni, and students, and there are features on online learning, global and study abroad initiatives, grants, and more.

Gender-Responsive Policy Development In Corrections: What We Know And Roadmaps For Change, Erica King Msw, Jillian Foley Mppm

Justice Policy

Lack of gender-informed policy creates challenges for correctional practitioners. When there is a gap between training that is evidence-based and gender-informed and what is written in policy, staff may find themselves hindered in their attempts to work toward establishing a gender-responsive environment. This policy bulletin, released in February 2015 and based on survey data and focus groups with women, is an initial step to determine the existence of gender-informed policy within correctional agencies. The findings of this bulletin provide an overview of the current state of gender-responsive policies for women and define a focus for future research, training and technical …

A Call For Collective Action: Tackling Social Challenges In Memphis, The Benjamin L. Hooks Institute For Social Change

The Hooks Institute Policy Papers

No abstract provided.

Prosecuting A Festival: Holding Electric Dance Music Festivals Liable For Drug-Related Deaths Occurring Therein, Rebecca Lomazow

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

Deanotes, College Of Science And Technology, Armstrong State University

College of Science & Technology Dean's Notes (Archived)

No abstract provided.

Tortured Prosecuting: Closing The Gap In Virginia's Criminal Code By Adding A Torture Statute, Christopher G. Browne

William & Mary Law Review

No abstract provided.

Psychological Jurisprudence And The Power Of Law: A Critique Of North Carolina’S Woman’S Right To Know Act, Bruce A. Arrigo, Jessica L. Waldman

Duke Journal of Gender Law & Policy

No abstract provided.

Paradoxes Of Us Psychopharmacology Practice In 2013: Undertreatment Of Severe Mental Illness And Overtreatment Of Minor Psychiatric Problems, Jose De Leon

Psychiatry Faculty Publications

No abstract provided.

Documenting Mass Rape: Medical Evidence Collection Techniques As Humanitarian Technology, Jaimie Morse

Genocide Studies and Prevention: An International Journal

Aim: Emerging global networks of human rights activists, doctors, and nurses have advocated for increased collection of medical evidence in conflict-affected countries to corroborate allegations of sexual violence and facilitate prosecution in international and domestic courts. Such initiatives are part of broader shifts in human rights advocacy to document human rights violations using rigorous, standardized methodologies. In this paper, I consider three principal forms of medical evidence to document sexual violence and their use in these settings: the patient medical record, the medical certificate, and the sexual assault medical forensic exam (commonly known as the “rape kit”).

Methods: Combining archival …

Substantive Habeas, Kimberly A. Thomas

Articles

Substantive Habeas identifies the US. Supreme Court's recent shift in its habeas jurisprudence from procedure to the substance of habeas review and explores the implications of this change. For decades, the US. Supreme Court has attempted to control the flood of habeas corpus petitions by imposing procedural requirements on prisoners seeking to challenge constitutional error in their cases. These restrictive procedural rules have remained at the center of habeas decision making until recently. Over the past few years, instead of further constraining the procedural gateway for habeas cases, the Supreme Court has shifted its focus to the substance of habeas. …

Classified Information: The Newsletter Of The Lloyd Sealy Library, Lloyd Sealy Library, Cuny John Jay College Of Criminal Justice

Reports and Publications from John Jay College

Classified Information was a publication that informed the College about Library services, personnel, upcoming events, new technologies, and available resources.

Mindfulness-Based Interventions To Reduce Relapse In Clients With Alcohol Use Disorders, Tara R. Thompson

Research Papers

No abstract provided.

Fetal Alcohol Spectrum Disorder: How Children Are Impacted Throughout Their Lives, Tytiana Davis

Research Papers

AN ABSTRACT OF THE RESEARCH PAPER

Tytiana Davis, for the Master of Science degree in Rehabilitation Counseling, presented on November 7, 2014, at Southern Illinois University Carbondale.

TITLE: FETAL ALCOHOL SPECTRUM DISORDER: HOW CHILDREN ARE IMPACTED THROUGHOUT THEIR LIVES

MAJOR PROFESSOR: Thomas D. Upton

The following research paper will be completed on the importance of Fetal Alcohol Spectrum -Disorder, and how children are possibly affected later in life and the impact it has on society. Fetal Alcohol Spectrum Disorder includes Full Blown Fetal Alcohol Syndrome (FAS), Partial Fetal Alcohol Syndrome (pFAS), Alcohol related neurodevelopmental disorder (ARND), Alcohol Related Birth Defects …

Showing Up: Eyewitness-Identification Requirements In Bosnia And Herzegovina: A Comparative Case Study, Carrie Leonetti

Penn State Law Review (2003 - Present)

No abstract provided.

The Language Of Mens Rea, Owen D. Jones, Matthew R. Ginther, Francis X. Shen, Richard J. Bonnie, Morris B. Hoffman, Rene Marois, Kenneth W. Simons

Vanderbilt Law School Faculty Publications

To be guilty of a crime, generally one must commit a bad act while in a culpable state of mind. But the language used to define, partition, and communicate the variety of culpable mental states (in Latin, mens rea) is crucially important. For depending on the mental state that juries attribute to him, a defendant can be convicted-for the very same act and the very same consequence-of different crimes, each with different sentences.

The influential Model Penal Code ("MPC") of 1962 divided culpable mental states into four now-familiar kinds: purposeful, knowing, reckless, and negligent.' Both before the MPC and since, …

Attorney Competence In An Age Of Plea Bargaining And Econometrics, Jeffrey Bellin

Vanderbilt Law School Faculty Publications

The first part of this Essay explores the authors' findings, which do not fit as neatly into mainstream thinking about indigent defense representation as the authors suggest. The study's dramatic findings appear to stem from a counterintuitive form of professional competence: aptitude at convincing one's client to plead guilty.6 As discussed below, skill at obtaining a client's waiver of his constitutional right to a jury trial is not the traditional model of effective representation. If modem defense attorney competence primarily manifests in this manner, the implications for indigent defense and criminal justice generally are more revolutionary than the study's authors …

Attorney Competence In An Age Of Plea Bargaining And Econometrics, Jeffrey Bellin

Faculty Publications

This Essay explores the concept of attorney competence in a criminal justice system dominated by plea bargaining. It focuses, in particular, on the results of a widely-reported empirical study of Philadelphia murder cases that found “vast” differences in legal outcomes based on the type of defense attorney assigned to the case. The first part of the Essay explores the implications of these empirical findings, which appear to stem from a counter-intuitive form of professional competence, persistence in convincing one’s client to plead guilty. The findings are particularly intriguing in light of the Supreme Court’s recent expansion of ineffective assistance of …

The Inverse Relationship Between The Constitutionality And Effectiveness Of New York City "Stop And Frisk", Jeffrey Bellin

Faculty Publications

New York City sits at the epicenter of an extraordinary criminal justice phenomenon. While employing aggressive policing tactics, such as “stop and frisk,” on an unprecedented scale, the City dramatically reduced both violent crime and incarceration – with the connections between these developments (if any) hotly disputed. Further clouding the picture, in August 2013, a federal district court ruled the City’s heavy reliance on “stop and frisk” unconstitutional. Popular and academic commentary generally highlights isolated pieces of this complex story, constructing an incomplete vision of the lessons to be drawn from the New York experience. This Article brings together all …

Rethinking The Timing Of Capital Clemency, Adam M. Gershowitz

Faculty Publications

This Article reviews every capital clemency over the last four decades. It demonstrates that in the majority of cases, the reason for commutation was known at the conclusion of direct appeals—years or even decades before the habeas process ended. Yet when governors or pardon boards actually commuted the death sentences, they typically waited until the eve of execution, with only days or hours to spare. Leaving clemency until the last minute sometimes leads to many years of unnecessary state and federal habeas corpus litigation, and this Article documents nearly 300 years of wasted habeas corpus review. Additionally, last-minute commutations harm …

Future Of The Fourth Amendment: The Problem With Privacy, Poverty And Policing, Kami Chavis Simmons

Faculty Publications

For decades, the reasonable expectation of privacy has been the primary standard by which courts have determined whether a "search" has occurred within the meaning of the Fourth Amendment. The Supreme Court's recent decision in U.S. v. Jones, however, has reinvigorated the physical trespass doctrine's importance when determining whether there has been a "search" triggering constitutional protection. Recognizing the unpredictability of the reasonable expectation of privacy doctrine and that doctrine's bias against the urban poor, many scholars hope that the Jones opinion may ameliorate the class divide that has developed in Fourth Amendment jurisprudence.

This Article argues that while …

An Ntsb For Capital Punishment, Adam M. Gershowitz

Faculty Publications

When a fatal traffic accident happens, we expect the local police and prosecutors to handle the investigation and criminal charges. When afatal airplane crash occurs, however, we turn instead to the National Transportation Safety Board (NTSB). The reason is that air crashes are complicated and the NTSB has vast expertise. Without that expertise, investigations falter. We need look no further than the mess made by Malaysian authorities in the search for Flight 370 to see the importance of expertise in handling complicated investigations and processes. It is easy to point to a similar series of mistakes by local prosecutors and …