Digital Commons Network^™

Infanticide - Requirement That The Victim Be Born Alive; State V. Dickinson, Richard R. Wilfong

Akron Law Review

This case is unique, because it is the first time a court has imposed a conviction of homicide for the death of a viable unborn fetus caused by an unlawful but unintentional act. The evidence is persuasive beyond a reasonable doubt that the defendant was operating a motor vehicle while under the influence of alcohol, without due regard for the safety and rights of others, and in such a manner as to endanger the life or property of other persons in lawful use of the streets and highways. The soundness of the court's finding depends upon a determination of the …

The Administratioin Of Criminal Justice In The U.S.S.R., John H. Shoemaker

Akron Law Review

The above procedure in the United States is conducted as follows: on the state and local level by the local police departments, with the arraignment and indictment being handled by the local county prosecutor; or on the federal level by federal police agencies operating through the U. S. attorney. The incarceration of the convicted person is handled by county or state agencies on the one hand, or federal penal institutions on the other. One similarity between the Russian System and ours is that in United States criminal practice on the federal level the coordination and uniformity essential to reform and …

Book Review: The Role Of Psychiatry In Law, Leslie J. Martin

Akron Law Review

If you ask the man on the street about his views on the criminal law, typically his response will include a commentary on some notorious crime. What impresses him most about that crime? Commonly his answer will be that he was amazed that the "murderer" was able to escape conviction by invoking the defense of insanity. This view is remarkably prevalent. It is the same view which led Queen Victoria to ask Parliament to formulate the rigid M'Naghten Rule in 1843. This test of insanity survives to the present day, perplexing many members of the legal profession and alienating most …

Application Of Ohio Post-Conviction Procedure - Effect Of Prior Judgment On.; Coley V. Alvis, Thomas A. Geraci Jr.

Akron Law Review

In the per curiam decision of Coley v. Alvis' the United States Court of Appeals for the Sixth Circuit reversed an Ohio District Court decision dismissing Coley's petition for habeas corpus for failure to exhaust his state remedies. The circuit Court remanded, stating that it would be futile for petitioner to attempt to void his conviction under the Ohio post-conviction statute because of the narrow limits placed on it by the state courts and that there was consequently no longer any effective state remedy. Since the grounds that petitioner set forth to sustain his writ did not fall within any …

Book Review: Justice Without Trial: Law Enforcement In A Democratic Society, Allan S. Hoffman

Akron Law Review

It is a well recognized fact that the vast bulk of criminal convictions are obtained by inducing the accused to plead guilty. Consequently, the natural conclusion to be drawn is that American criminal justice is for the most part administered outside of the judiciary-hence the title of this book: Justice Without Trial. The work is an examination by a sociologist (narrower in scope than the title might indicate) into the operation of a city police department, and ". . . how those who are charged with enforcing criminal law in a constitutional democracy come to interpret rules of constraint-thereby giving …

Ohio's Post-Conviction Appeal Remedy, Timothy J. Murty

Akron Law Review

Ohio has recently adopted legislation intended to provide a prisoner with a means of testing, in the court which originally imposed sentence, the constitutional validity of his sentence. This legislation is intended to provide a remedy which will supplement the writ of habeas corpus. Jurisdiction in habeas corpus proceedings lies in the court of the county in which the prisoner is confined. In recent years the courts located in counties containing state correctional institutions have been deluged with habeas corpus petitions.

Criminal Responsibility: Knowledge, Will And Choice, Robert J. Willey

Akron Law Review

The Court acknowledged that the M'Naghten formula was the recognized test for insanity, that it was a test of criminal responsibility rather than a medical test of insanity, that it has been followed in a classic fashion, that each doctor had compressed his final conclusion into the required M'Naghten strait jacket, and that the defense had proved by the greater weight of the evidence that the defendant was not guilty by reason of insanity.

Both of these courts claimed to be following M'Naghten, though the Colby court decried its present use, and the Keaton court approved an instruction that included …

State Of The College Address, 2015: College Of Arts & Letters, Charles E. Wilson Jr.

College of Arts & Letters Reports and Documents

PDF of powerpoint presentation for the Old Dominion University State of the College of Arts & Letters address on August 19, 2015.

We Are...Marshall, August 19, 2015, Office Of Marshall University Communications

We Are ... Marshall: the Newsletter for Marshall University 1999-2023

No abstract provided.

Rearrests During Mental Health Court Supervision: Predicting Rearrest And Its Association With Final Court Disposition And Post-Court Rearrests, Donald M. Linhorst Phd, David Kondrat Phd, Ann Dirks-Linhorst Ph.D., J.D.

SIUE Faculty Research, Scholarship, and Creative Activity

Mental health courts are one means to address the involvement of persons with mental illness in the criminal justice system. Using a sample of 811 participants of a municipal mental health court, this study found that 23.2% of participants were rearrested during court supervision. This study also identified factors associated with these rearrests, as well as the effects of rearrests during supervision on program completion and rearrests in the one-year period following program completion. This study concludes with implications for mental health court supervision.

The Admissibility Of Polygraph ("Lie Detector") Evidence Pursuant To Stipulation In Criminal Proceedings, Bruce C. Heslop

Akron Law Review

American courts have traditionally held that evidence pertaining to the results of a lie-detector test is inadmissible in a criminal proceeding on behalf of either the prosecution or defense….In recent years, however, a few jurisdictions have withdrawn from the traditional approach and have admitted lie-detector evidence in limited situations, notwithstanding objection by the adverse party….The decision of whether or not to adopt the approach presented here must critically evaluate the potential value of polygraph evidence along with its potential dangers. In so doing, the courts of Ohio should determine whether a procedure may be devised to maximize the value and …

Book Review: Narcotics And Drub Abuse; By Samuel F. Levine, Raymond T. Royko

Akron Law Review

O NE OF THE MOST urgent school problems of the early 1970's has little to do with formal education or the old-fashioned triad of reading, writing, and arithmetic. Instead, the key words are "uppers," "downers," "grass," and "smack"--amphetamines, barbiturates, marijuana and heroin, and there has been a steady decline of the age at which youngsters are introduced to them on what is known as the drug scene. In July, 1969, President Nixon called attention to the rise by almost 800% of juvenile drug arrests and stated that "within the last decade the abuse of drugs has grown from essentially a …

The Reach Of The Law: Sin, Crime And Poor Taste, Alexander B. Smith, Harriet Pollack

Akron Law Review

The past decade has been a period of intensive reevaluation of the law. The criminal law, in particular, has been subjected to an especially intensive criticism. These attacks fall largely into two categories: criticisms of the legitimacy of our penal codes, and criticisms of their efficiency.
Starting with the Civil Rights Movement of the Kennedy era with its heavy emphasis on civil disobedience as a tool of protest, the legitimacy of many of our laws was called into question. When Rosa Parks sat in the front of the bus in Montgomery, Alabama, she was not simply breaking the law; she …

Order In The Courts Revisited: Progress And Prospects Of Controlling Delay In The Tort Jury Litigation Process, 1966-1973, James G. France

Akron Law Review

Early in 1969, under a grant from the Knight Foundation, measurement of delay in litigation in six northeastern Ohio counties was undertaken by a study group from University of Akron School of Law. A year later the group reported its findings as to delay in the civil jury, criminal and appellate fields in a 200-page report: Order In The Courts.

The study could show only how long it took each of the six different common pleas courts, with widely varying population loads, with differing internal organization, age and experience of judges and amount of staff support, to dispose of groups …

Book Review: Justice Is The Crime, James G. France

Akron Law Review

[R]eform suggestions are bold, sometimes to the point of brashness. Many of them are urgently needed, but few are new. They bear a curious resemblance to those offered by the National Conference on the Judiciary in its Concensus Report, and to some of the more recent reports and recommendations of state court studies, all financed by L.E.A.A. grants, some of them quite substantial. It is as if the real source of the proposals was in the Department of Justice in Washington, all for the benefit of the untutored provincials. These suggestions are of three types: Those which are untried and …

Cljc Offers Team-Taught Law And Justice Course Cas 2500: Breaking The Law, Ohio University College Of Arts & Sciences

All Forum Articles

No abstract provided.

The Right To Self-Determination Of A People: A Twailian Analysis Of Icj Decisions In Cameroon V. Nigeria, East Timor, And Western Sahara Cases, Ngozi Sunday Nwoko

LLM Theses

The various post-colonial armed conflicts bedeviling Third World States have claimed numerous lives and properties, drained its resources, displaced millions and have put the territory’s development move on the reverse gear. This thesis, from the theoretical perspective of Third World Approaches to International Law (“TWAIL”) is a contribution to the various on-going discussions on the roles that colonialism played in triggering bitter conflicts, confusion, and unhealthy rivalries amongst Third World peoples. Not losing sight of the internal dimensions to these conflicts, the thesis also examines the degree of contributions by some power-drunk and despotic Third World governments to these conflicts. …

Fairbanks Juvenile Recidivism Case Study: A Comparison Of Criminogenic Needs And Case Planning Of Recidivists And Non-Recidivists, Tracy A. Dompeling

Justice

Research has shown that addressing criminogenic needs of offenders, both juvenile and adult, can reduce the likelihood of recidivism. Utilizing the Risk Need Responsivity theory (Andrews, Bonta, & Hoge, 1990; Andrews, Zinger, et al., 1990), the hypothesis for this small case study of youth recidivist and non-recidivists in interior Alaska was developed to compare data to determine if what is identified in research models to reduce recidivism correlated to what was applied in practice with juvenile offenders. Specifically this comparative case study intended to show that youth who had case plans which were identified to be "inadequate," that they had …

Priority 1, Rj Burgess

Master's Projects and Capstones

The CNL theme I have targeted is the development and use of Informatics and Healthcare Technologies. My project developed a method of measuring KPIs within a new EHR specifically tailored for jail health populations. The development of a Jail Health Services dashboard is modeled after the dashboard developed by California Correctional Health Care Services for the California prison population. The clinicians requested the ability to measure how many Priority 1 visits were seen within 24 hours so it could be determined whether the jail was meeting the NCCHC benchmark of 85%. Previously, Jail Health Services had no way to measure …

Understanding African American Males’ Schooling Experiences: A Qualitative Inquiry, Edward E. Bell

The Qualitative Report

The purpose of this qualitative study was to understand how African American males feel about their schooling experiences. Eighteen participants were selected for this inquiry. This study took place in eastern North Carolina. Many African American males lack early learning experiences to adequately prepare for a positive schooling experience. The findings from this study might prove helpful for working with African American males in an educational setting.

August 17, 2015 Armstrong Faculty Senate Minutes, Armstrong State University

Armstrong Faculty Senate: Minutes (Archived)

August 17, 2015 Armstrong Faculty Senate Minutes

Health Care Reform Implementation In Minnesota: Mission Advanced But Not Accomplished: An Introduction To The Symposium, Thaddeus M. Pope

Hamline Law Review

HEALTH CARE REFORM IMPLEMENTATION IN MINNESOTA: MISSION ADVANCED BUT NOT ACCOMPLISHED: AN INTRODUCTION TO THE SYMPOSIUM

2015-2016, Collin College

Course Catalogs

Contains information on courses and class descriptions as well as campus resources at Collin College.

Differential Response With Lower Risk And Foreign-Born Families: Understanding Risks, Services And Outcomes, Lina Millett

Arts & Sciences Graduate Student Theses and Dissertations

Child abuse and neglect is a serious public health problem, whose prevention efforts are much needed to avoid a number of serious and irrevocable negative consequences. Currently, the majority of early prevention approaches are community based with fairly strict eligibility criteria. Public child welfare system has yet to settle on a clear paradigm for early prevention. As many states are considering extending their services to reports screened out of Child Protective Services (CPS), there is a need to better understand the utilization and effectiveness of such early preventative services. Additionally, changing American cultural landscape has presented challenges to the field …

Restorative Justice As A Strong Approach In Mediating Conflicts, Danielle Diverde

The Compass

Mediation is a tactic that has been used in conflict resolution for a long time. These conflicts can exist incountries, in communities, or even within oneself. The main idea is to know not only that these types of conflicts exist, but more importantly, that they are all related to one another. The process of understanding plays a key role in solving conflicts, as opposed to the many circumstances where compromise is made with a gun pressed to one’s head or a treaty shoved down one’s throat. The feeling of interconnectedness is important so we canacknowledge that although we all come …

Public Services Annual Report 2014-2015, Deborah Mongeau

Public Services Reports

Annual report of the Public Services Department at the University of Rhode Island Libraries.

Nebraska Urban Indian Health Coalition Alcohol, Tobacco And Other Drugs Prevention Program (Atod-Year 4) Evaluation Report: Final Report, R. K. Piper, Chase H. Piper

Past Publications

This final report documents the major findings of an evaluation of the Alcohol, Tobacco and Other Drug Prevention Program (ATOD-Year 4) conducted by the Consortium for Organizational Research and Evaluation (CORE) of the University of Nebraska at Omaha for the Nebraska Urban Indian Health Coalition (NUIHC). The purpose of the study is to provide an analysis of several key NUIHC substance-abuse prevention initiatives.

The study consists of four parts: 1) an analysis and comparison of the results obtained from NUIHC’s administration of their risk/need and outreach/discussion form, 2) an update and analysis of the results obtained from a survey of …

An Exploration Into The Phenomena Behind Post-Secondary Higher Education And Its Implications On Employability, And Constructive Lifestyle Changes Among Formerly Incarcerated Individuals, Samuel Arroyo

Education Doctoral

Mass incarceration and repeated offenses are major issues in New York State. The Institute for Higher Education Policy (2011) reported that nearly 7 in 10 formerly incarcerated individuals committed new crimes, and half ended up back in prison within three years. One reason for this high rate of recidivism was the low level of education among this group and the lack of opportunities for them to enhance their level of education (Pew Center on the States, 2011). The Pew research showed evidence that post-secondary higher education attainment was a key factor in increasing chances of employability and helping formerly incarcerated …

A Queer Liberation Movement? A Qualitative Content Analysis Of Queer Liberation Organizations, Investigating Whether They Are Building A Separate Social Movement, Joseph Nicholas Defilippis

Dissertations and Theses

In the last forty years, U.S. national and statewide LGBT organizations, in pursuit of "equality" through a limited and focused agenda, have made remarkably swift progress moving that agenda forward. However, their agenda has been frequently criticized as prioritizing the interests of White, middle-class gay men and lesbians and ignoring the needs of other LGBT people. In their shadows have emerged numerous grassroots organizations led by queer people of color, transgender people, and low-income LGBT people. These "queer liberation" groups have often been viewed as the left wing of the GRM, but have not been extensively studied. My research investigated …

Perceptions Of Violence In Morrisania (The Bronx), Sheyla A. Delgado, Jeffrey A. Butts, Laila Alsabahi

Publications and Research

The NYCCure study measured changes in violent norms and attitudes in areas of New York City operating Cure Violence programs. Respondents were men aged 18-30 from the Morrisania area of The Bronx.