Digital Commons Network^™

An Introductory Examination Of The Racketeer Influenced And Corrupt Organizations Act,, David E. Morris

Akron Law Review

This comment will attempt to serve as an introduction to RICO, addressed to those with little or no knowledge of either its provisions and intricacies, or its potential usefulness and adaptability as a prosecution tool. The recent criticism of RICO by the American Bar Association will also be reviewed, as well as the ABA's proposed amendments to RICO. Finally, the state RICO statutes will be discussed. The advantages they offer states currently without any substantive laws dealing directly and primarily with organized and white-collar crime will be examined.

Fifth Amendment, Double Jeopardy In Capital Sentencing, Bullington V. Missouri, Patrick J. Keating

Akron Law Review

In Bullington v. Missouri the Supreme Court marked a significant departure from previous principles of double jeopardy. The Court, for the first time, applied the Double Jeopardy clause to a criminal sentence. By prohibiting the state from seeking the death penalty at retrial, the case also casts important implications on capital punishment.

Volume 52, Number 50: July 29, 2015, University Of North Dakota

University Letter Archive

No abstract provided.

Geospatial Resolution Of Human And Bacterial Diversity With City-Scale Metagenomics, Ebrahim Afshinnekoo, Cem Meydan, Shanin Chowdhury, Dyala Jaroudi, Collin Boyer, Nick Bernstein, Julia M. Maritz, Darryl Reeves, Jorge Gandara, Sagar Chhangawala, Sofia Ahsanuddin, Amber Simmons, Timothy Nessel, Bharathi Sundaresh, Elizabeth Pereira, Ellen Jorgensen, Sergios-Orestis Kolokotronis, Nell Kirchberger, Isaac Garcia, David Gandara, Sean Dhanraj, Tanzina Nawrin, Yogesh Saletore, Noah Alexander, Priyanka Vijay, Elizabeth M. Hénaff, Paul Zumbo, Michael Walsh, Gregory D. O'Mullan, Scott Tighe, Joel T. Dudley, Anya Dunaif, Sean Ennis, Eoghan O'Halloran, Tiago R. Magalhaes, Braden Boone, Angela L. Jones, Theodore R. Muth, Katie Schneider Paolantonio, Elizabeth Alter, Eric E. Schadt, Jeanne Garbarino, Robert J. Prill, Jane M. Carlton, Shawn Levy, Christopher E. Mason

Publications and Research

The panoply of microorganisms and other species present in our environment influence human health and disease, especially in cities, but have not been profiled with metagenomics at a city-wide scale. We sequenced DNA from surfaces across the entire New York City (NYC) subway system, the Gowanus Canal, and public parks. Nearly half of the DNA (48%) does not match any known organism; identified organisms spanned 1,688 bacterial, viral, archaeal, and eukaryotic taxa, which were enriched for harmless genera associated with skin (e.g., Acinetobacter). Predicted ancestry of human DNA left on subway surfaces can recapitulate U.S. Census demographic data, and bacterial …

Students Go Behind Bars To Fix Prison Problems, Staff

Browse All News

No abstract provided.

The Uniform Act On Prevention Of And Remedies For Human Trafficking: State Law And The National Response To Labor Trafficking, Erin N. Kauffman

Journal of Legislation

Human trafficking* is one of the most lucrative criminal enterprises in the world, with illicit profits rivaling those of the global drug and arms trades. A 2014 survey by the International Labour Organization estimated that revenue from human trafficking grosses as much as $150 billion annually.Yet, unlike with drugs and weapons, the minimal cost of “purchasing” a human trafficking victim, combined with the fact that the same victim may be sold again and again, makes human trafficking a high-reward, low-risk enterprise.

From Rescue To Representation: A Human Rights Approach To The Contemporary Anti-Slavery Movement, Austin Choi-Fitzpatrick

School of Peace Studies: Faculty Scholarship

Current efforts to end contemporary slavery represent a fourth wave of an Anglo-American abolitionist movement. Despite this historic precedent, there is little agreement on the nature of the problem. A review of current academic discourse, movement frames, and policy approaches suggests that six perspectives predominate: a prostitution approach focused on sexual exploitation of “women and girls”; a migration approach focused on the cross-border flow of migrants; a criminal justice approach focused on law and enforcement; a forced-labor approach emphasizing unfree labor; a slavery approach focused on trafficking in comparative-historical context; and a human rights approach centered on individual rights. This …

Book Review: 'Honour' Killing And Violence: Theory, Policy & Practice, Wendy Aujla

Journal of International Women's Studies

Review of ‘Honour’ Killing and Violence: Theory, Policy & Practice, edited by Aisha K. Gill, Carolyn Strange, & Karl Roberts. Palgrave Macmillan, 2014.

Extradition Reform Legislation In The United States: 1981-1983, M. Cherif Bassiouni

Akron Law Review

This article will analyze the draft legislative texts intended to amend 18 U.S.C. §§ 3181-3195. They are referred to herein as the "Act" when the provisions of the drafts are substantially the same, and are referred to as the "Senate and House bills" when their provisions differ. Any variances between the different Senate and House versions are noted in the footnotes. The Senate version in the text refers to S. 1639 of 1981, S. 1940 of 1982 and S. 220 of 1983 with differences among them noted in the footnotes. The House version in the text refers to H.R. 5227 …

A Proposal For A Commissioned Corps Of Space Travelers, Paul F. Adams

Akron Law Review

The exploitive capabilities of the Space Shuttle include its ability to function as a reconnaissance or navigational satellite, a repair or resupply station for other satellites, or as a base station for building large structures in space. Additionally, senior officials of NASA strongly support the establishment of a permanently manned space station, of which shuttle technological capabilities would be an integral part. I As astronaut Robert Crippen said after the maiden flight of Columbia: "We are really in the space business to stay." While the new space technology is undergoing refinement and the imagination is simultaneously developing virtually unlimited uses …

Capital Punishment Of Children In Ohio: "They'd Never Send A Boy Of Seventeen To The Chair In Ohio, Would They?", Victor L. Streib

Akron Law Review

This article presents first an overview of the national legal environment and actual executions in American history and then a focused, in-depth analysis of Ohio as a reasonably representative American jurisdiction. Each of the nineteen verified and documented Ohio cases are examined in some detail to determine, so far as is possible, the reasons they were selected for capital punishment. The cases are discussed within the context of the legal environment existing at the time they were decided.

The Ineffective Assistance Of Counsel Quandry: The Debate Continues Strickland V. Washington, Susan K. Vanburen

Akron Law Review

In recent years, dissatisfied criminal defendants have increasingly resorted to claims alleging actual ineffectiveness of counsel as a vehicle for challenging their convictions. Prior to Strickland v. Washington, the Supreme Court had not delineated the "proper standards" for reviewing claims of actual ineffectiveness of counsel. The lack of a national standard for assessing defense counsel's performance, as it relates to the constitutional requirement, generated extensive deliberation by lower courts and commentators. Faced with a deluge of actual ineffectiveness claims, the lower courts were forced to formulate standards to distinguish effective from ineffective assistance. However, the ensuing diverse standards employed …

Imposing Punitive Damage Liabiliity On The Intoxicated Driver, Martin A. Kotler

Akron Law Review

It is important to keep in mind throughout this discussion that awareness and acknowledgement of the existence of a problem, even a very serious problem, should not make us overreact and thereby accept an unworkable solution in our zeal to do something. The imposition of punitive damages is, for the most part, just such an unworkable solution. More specifically, I will attempt to demonstrate that, with the possible exception of the case of the recidivist, non-alcoholic defendant, the imposition of punitive damages simply cannot be justified. That being the case, we must look elsewhere for a solution to an admittedly …

Escobedo And Miranda Revisited, Arthur J. Goldberg

Akron Law Review

Shortly before the close of the 1983 term, the Supreme Court of the United States decided two cases, U.S. v. Gouveia and New York v. Quarles, which in effect overruled Escobedo v. Illinois and undermined Miranda v. Arizona.

Children's Testimony In Sexual Abuse Cases: Ohio's Proposed Legislation, Deborah Mahusky

Akron Law Review

Legislatures are attempting to reduce the trauma to the child, and, at the same time, to increase convictions.

This legislation is often in the form of permitting videotaped pretrial statements and depositions to be admitted into evidence. Additionally, some legislatures are permitting testimony of the child at depositions or at trial to take place in a separate room from the defendant, the judge, the jury and the general public through the use of closed circuit television or monitors. However, this legislation may present an encroachment of sixth amendment guarantees.

Section I of this comment will discuss whether or not the …

The Relevance Of Culpability To The Punishment And Prevention Of Crime, R. J. Spjut

Akron Law Review

It follows that if a legal system may fairly punish only a person who culpably violated the law, a preventive restraint like self-defense is also fair only when it is used against a person whose offense or imminent offense is culpable. Such measures as punishment and prevention are justified because "a person who violates the order of fairness, which can be described as a system of rights,forfeits certain of his own rights." The forfeiture theory implicitly associates A's loss of rights with his deserts and suggests some analogy with punishment. Finnis' argument both makes explicit the analogy and shifts attention …

Microcomputers, Risk Analysis, And Litigation Strategy, Stuart S. Nagel

Akron Law Review

This article covers three important aspects of litigation strategy. The first part is concerned with varieties of sensitivity analysis in civil and criminal cases. Sensitivity analysis refers to how the bottom-line conclusion of going to trial, accepting a settlement, or choosing another alternative is affected by changes in the inputs, which mainly relate to such matters or criteria as (1) the predicted damages, (2) the probability of receiving them, (3) the settlement offered, (4) the litigation costs, and (5) the settlement costs.

The second part deals with the use of decision matrices and microcomputers for analyzing litigation-strategy decisions, including sensitivity …

Keeping Pace: The U.S. Supreme Court And Evolving Technology, Brian Thomas

Politics Summer Fellows

Contemporary mainstream discussions of the Supreme Court are often qualified with the warning that the nine justices are out of touch with everyday American life, especially when it comes to the newest and most popular technologies. For instance, during oral argument for City of Ontario v. Quon, a 2010 case that dealt with sexting on government-issued devices, Chief Justice John Roberts famously asked what the difference was “between email and a pager,” and Justice Antonin Scalia wondered if the “spicy little conversations” held via text message could be printed and distributed. While these comments have garnered a great deal of …

Talk And Deterrence In Drug Markets, Timothy Dickinson

Dissertations

Despite a wealth of conceptual and empirical examinations, key processes occurring during each of the primary stages of deterrence remain poorly specified. Little is known about how potential offenders form their perceptions of rules or threats, and the relationship between these perceptions and fear has only received moderate attention. In addition, many questions remain regarding how offenders eliminate or reshape punishments after violating rules. In this dissertation I examine how various forms of talk shape these processes. More specifically, I investigate how gossip influences offenders’ perceptions of rules or threats, how humor and threats and promises moderate the fear stemming …

On The Front Lines Of The Heroin Epidemic, Offering A Lifesaving Treatment, Staff

Browse All News

No abstract provided.

Clint Williford Says Goodbye To Faculty Life, Edwin Smith

University of Mississippi News

After 33 years, chair and professor of chemical engineering retiring

July 22-24, 2015- Board Of Trustees Meeting Minutes, Regular And Special Meetings, Central Washington University Central Washington University

Board of Trustees Meeting Minutes

Meeting minutes for the Annual Planning Retreat of the Board of Trustees at Central Washington University, July 22-24, 2015.

The Association Of Different Types Of Bullying With The Mental Health Of Children And Teens From The United States, France, And Canada, Christina Fisher

Media and Communication Studies Summer Fellows

Bullying continues to trouble youths around the world, sometimes with devastating effects for victims’ mental health. This suggests an ongoing need for awareness, intervention and tolerance for everyone involved. This study, a literature review, explored the extent of these mental health effects found in 50 studies of victims, bullies, and bully-victims, those who are victims of bullying and who also bully others, in the United States, France, and Canada (Willard, 2007). Particular attention was paid to the impact that gender, age, ethnicity, and the LGBTQ community had on researchers’ findings. Findings show that 25.9% to 33% of students in these …

Decriminalizing Mental Illness: The Need For Treatment Over Incarceration Before Prisons Become The New Asylums For The Mentally Ill, Rebecca L. Brown

Psychology Summer Fellows

Currently, US prisons are home to 10 times more mentally ill individuals than state psychiatric hospitals. Instead of treating those with mental illness, an extremely vulnerable population is being thrown behind bars. Mental illness is often exacerbated during incarceration, leaving inmates much sicker than when they entered. Moreover, upon discharge mentally ill inmates have virtually no support, making recidivism almost inevitable. This lack of treatment has devastating consequences for the mentally ill as well as the community at large. Removing the mentally ill from jails and prisons would reduce recidivism, increase public safety and save money.

The current research explores …

The Constitutional Right Of The Indigent Facing Involuntary Civil Commitment To An Independent Psychiatric Examination, Scott F. Uhler

Akron Law Review

The recently established constitutional right to an independent psychiatric examination for a criminal defendant, when the defendant's sanity is at issue,' has not been extended to the involuntary civil commitment process However, for the following reasons, the right should be so extended.

First, the interpretation of due process in the involuntary commitment procedure, as construed by lower federal courts and state courts to require an exam, shows greater uniformity and logical cohesiveness than that defined by applicable Supreme Court decisions. Second, the area of juvenile adjudication presents great similarity of purpose to civil commitment, yet the due process protections deemed …

The Ohio Supreme Court's Move Toward Quality Control Of Court-Appointed Counsel For Indigent Defendants Charged With Capital Offense Crimes, George J. Ticoras

Akron Law Review

This comment outlines the law in Ohio concerning court-appointed representation of indigent defendants in capital offense cases. A brief look at Ohio's "pre-C.P.Sup.R. 65" period provides the proper backdrop in which to examine C.P.Sup.R. 65's relation to the Ohio Public Defender's Regulations and the impact this rule may have throughout the State.

The Changing Face Of The Rule Against Hearsay In English Law, R. A. Clark

Akron Law Review

The rule against hearsay has always been surrounded by an aura of mystery and has been treated with excessive reverence by many English judges. Traditionally the English courts have been reluctant to allow any development in the exceptions to this exclusionary rule, regarding hearsay evidence as being so dangerous that even where it appears to be of a high probative calibre it should be excluded at all costs. But recent developments, both statutory and common law, have demonstrated a much more relaxed approach to this rule. In civil cases the hearsay rule has been contained in statutory form for some …

The Sentencing Legacy Of The Special Court For Sierra Leone, Shahram Dana

Georgia Journal of International & Comparative Law

No abstract provided.

Wiggins V. State: Receiving A Fair Trial Under The Specter Of Aids, Charles Zamora

Akron Law Review

Wiggins v. State presented two unique issues: (1) whether it was proper to authorize courtroom security personnel to use prophylactic apparel while escorting a defendant merely suspected of having acquired immunodeficiency syndrome (AIDS), and (2) the extent to which this handling procedure impacted the jury.

This Note will analyze the Wiggins decision, emphasizing the court's reasoning as it pertains to the following: (1) the guarantee of a fair and impartial jury trial for defendants either having or being suspected of having AIDS; (2) the permissible exercise of discretion by the trial judge in authorizing precautions during the course of the …

State V. Stewart: Self-Defense And Battered Women: Reasonable Perception Of Danger Or License To Kill, Barbara A. Venesy

Akron Law Review

First, this Note explores the criminal justice system's ineffective response to wife abuse, the law of self-defense, and the impact of battered woman syndrome on the doctrine of self-defense. Then, the Note evaluates the Kansas court's denial of self-defense instructions in view of its previous holdings on quantity of evidence and imminent danger. The remainder of the Note analyzes the unfounded fear that the battered woman syndrome could become an independent form of self-defense and sanction unnecessary self-help. The Note concludes that successful use of battered woman syndrome testimony ensures the woman's right to act in self-defense and restricts only …