Digital Commons Network^™

Immigrant Victims, Immigrant Accusers, Michael Kagan

University of Michigan Journal of Law Reform

The U visa program provides immigration status to noncitizen victims of crime, ensuring unauthorized immigrants do not become easy prey because they are too afraid to seek help from the police. But under the federal government’s structuring of the U visa program, a victim must also become an accuser to receive immigration benefits. Thus, the U visa implicates the rights of third parties: accused defendants. These defendants are often immigrants themselves who may be deported when U visa recipients level their accusations. Recent state court decisions have created complications in the program by permitting defendants to cross-examine accusers about their …

Proportional Response: The Need For More—And More Standardized—Veterans’ Courts, Claudia Arno

University of Michigan Journal of Law Reform

Over the past two decades, judges and legislators in a number of states have recognized significant shortcomings in the ways traditional systems of criminal corrections address cases involving criminal offenders who are veterans of the U.S. armed services. This recognition has come at a time when policy-makers have similarly recognized that, for certain subsets of criminal offenders, “diversionary” programs may achieve better policy results than will traditional criminal punishment. In accordance with these dual recognitions, some states have implemented systems of veterans’ courts, in which certain offenders, who are also U.S. veterans, are diverted into programs that provide monitoring, training, …

Effects Of Abusive Parenting, Caretaker Arrests, And Deviant Behavior On Dating Violence Among Homeless Young Adults., Kimberly A. Tyler, Rachel Schmitz

Department of Sociology: Faculty Publications

Though dating violence is widespread among young adult homeless populations, its risk factors are poorly understood by scholars. To address this gap, the current study uses a social learning theory to examine the effects of abusive parenting and caretaker arrests on dating violence among 172 homeless young adults. Results from path analyses revealed that child physical abuse and caretaker arrests were positively associated with engaging in a greater number of school fights, which, in turn, was strongly and positively correlated with participating in more deviant subsistence strategies (e.g., stealing) since being on the street. Young people who participated in a …

Civil Disabilities In An Era Of Diminishing Privacy: A Disability Approach For The Use Of Criminal Records In Hiring, Andrew Elmore

Faculty Scholarship

An evaluation of normative and legal frameworks to encourage the employment of people with criminal convictions is in order. While current approaches are likely to eliminate overbroad initial hiring screens, there remains the unfinished project of reintegrating persons with criminal convictions into the workforce. For this, policy tools are needed to discourage the misuse of irrelevant criminal convictions and to encourage a contextualized evaluation of criminal convictions and the fair consideration of applicants’ qualifications separate from them.

This Article proposes a disability normative and legal framework as a useful approach to guide this analysis. Disability laws first consider the privacy …

A Comprehensive Analysis Of The History Of Interrogation Law, With Some Shots Directed At Miranda V. Arizona, Tracey Maclin

Faculty Scholarship

Police interrogation is designed to convict suspects under arrest or those suspected of crime. It does not matter that the suspect may not be guilty; interrogation is instigated to obtain an incriminating statement that will help convict the suspect. While many are quick to defend what are considered the “respectable freedoms” embodied in the Constitution — freedom of speech, freedom of the press, and freedom of religion — few champion the Fifth Amendment’s bar against compelled self-incrimination, popularly known as the “right to remain silent,” as a basis for a suspect’s right to resist police questioning. Although it has been …

Michael Brown, Eric Garner, And Law Librarianship, Ronald E. Wheeler

Faculty Scholarship

Professor Wheeler discusses the police killings of Michael Brown and Eric Garner. He posits that racialized fear is part of what fuels such violence and discusses examples of how racialized fear have impacted his personal life. Wheeler then discusses how and why law librarians can and should be prepared to discuss such events with their law library patrons.

The Landscape: Equity, Elizabeth Morehead

Metroscape

Elizabeth Morehead uses data from Greater Portland Pulse to point to educational and economic disparities as well as the disproportionate involvement of racial and ethnic minorities in the region's criminal justice system.

Focal Point, Volume 29, Portland State University. Regional Research Institute

Research and Training Center - Focal Point

This issue of Focal Point focuses on trauma–informed care and its growing relevance in research, official policy, practice methods, and organizational structure.

Mcquade Messenger- Summer 2015, Merrimack College

McQuade Messenger

Triannual newsletter outlining the activities, events, hours, features, and resources available at McQuade Library. Summer 2015, 7 pages.

Fair Play And Criminal Justice: Drafting Proffer Agreements In Light Of Total Waiver Of Rule 410, Robert I. Smith Iii

South Carolina Law Review

No abstract provided.

Channeling Unilateralism, Maggie Gardner

Cornell Law Faculty Publications

When crime reaches across borders to threaten human security or undermine democracy, states often respond by adopting multilateral treaties that obligate each of them to suppress the transnational crime at home. These treaties help, but only to the extent that parties comply with them. Because states generally cannot enforce their laws outside their own territory, transnational criminals can evade prosecution as long as some states are unable or unwilling to meet these treaty commitments. One solution for improving compliance with these treaties may be, counterintuitively, more unilateralism. Using case studies on transnational bribery and drug trafficking, as well as thick …

The Perceived Effects Of Mass Incarceration And Prison Reentry On African American Hispanic Communities, Conisha N. Butler

Theses (Pre-2016)

N/A

"A One-In-A-Billion Chance": The Transformative Effect Of Stan Lee And Spider-Man On American Popular Culture, Jon Bateman

Other Undergraduate Scholarship

The body of research from scholarly sources on the history of comic books contends that Stan Lee’s original run of The Amazing Spider-Man influenced American culture in a generic sense, but little has been written on the specific ways the comic influenced popular culture. This paper details four specific ways that Stan Lee’s Spider-Man influenced American popular culture during the tumultuous decade of the 1960’s. The comic redefined the modern American hero by making a flawed character, with a tenuous grasp on the moral high ground, the protagonist. It also affirmed the newly established teenage identity in American society by …

Manning The Courthouse Gates: Pleadings, Jurisdiction, And The Nation-State, Margaret Y.K. Woo

Nevada Law Journal

While civil procedure reforms are often said to be based on concerns of efficiency and economy, this article argues that civil justice reforms are also part of any nation’s project of national identity and state building. A robust civil justice system is a statement of national progress and reforms to the system are less a reflection of a “civil justice crisis,” and more a result of political bartering and debates about a nation’s identity. This can be seen in European countries’ recent efforts to coordinate procedural systems even as they are called to define themselves as member states of the …

Contingency Of Openness In Courts: Changing The Experiences And Logics Of The Public's Role In Court-Based Adr, Judith Resnik

Nevada Law Journal

Debate exists about how much alternative dispute resolution (“ADR”) is used in courts and about the metrics by which to evaluate its impact. Yet on two measures—the volume of rulemaking and the privatization of court-based interactions—the results are unambiguous: courts have promulgated hundreds of rules governing ADR, and those rules rarely protect rights of the public to know much about either the processes or the results. Rather, court-based procedural rules are increasingly becoming contract-promoting rules, encouraging parties to conclude disputes without adjudication.

In this essay in honor of Professor Stephen Subrin, I explore the centrality of “open courts” to judicial …

Tokin Up In The 5280: Insight Into How Denver Police Officers Make Sense Of, And Define, Interpret, And React To The Legalization Of Marijuana, Kara K. Hoofnagle

Sociology & Criminal Justice Theses & Dissertations

Laws surrounding the possession, use, and distribution of marijuana have undergone many changes for over a century. Political pressures and social prejudices have most often been the cause of these changes, rather than scientific research or rational thinking. As a result, the law has sometimes lagged behind social practice as in the current case in much of the U.S., including Colorado. In such an environment, it often falls on a police officer's definition, interpretation, and reaction to the laws to determine the extent to which certain laws and sanctions are enforced. Drawing on the work of Weick (1976), this dissertation …

Claiming The Social: Beyond 'Law As Technology', Naveen Thayyil

Socio-Legal Review

This special issue is the first of its kind in seeking to connect the conceptual categories of Law, Technology and Society in India, and this by itself makes it an important moment in the intellectual trajectories of the attention on technology within the legal academy. The task here moves beyond a perfunctory introduction of the remarkable contributions in this issue to the reader. An introduction of such a special issue also requires a survey of the terrain that constitutes law and technology scholarship in India, including an overview of the field’s dominant trajectories and foci. Hence this introduction identifies the …

Examining The Websites Of Canada's Top Sex Crime Lawyers: The Ethical Parameters Of Online Commercial Expression By The Criminal Defence Bar

UBC Law Review

No abstract provided.

Blunting The Edge: Federalism, Criminal Law, And The Importance Of Legislative History After The Reference Re Assisted Human Reproduction Act

UBC Law Review

No abstract provided.

Michael Katz On Place And Space In Urban History, Timothy J. Gilfoyle

History: Faculty Publications and Other Works

No abstract provided.

Alumni Matter, Summer 2015, Women's, Gender, And Sexuality Studies Program

Alumni Matter (2009-2022)

A bulletin of Illinois State University’s Women’s, Gender, and Sexuality Studies program, Summer 2015.

The Rap Sheet, Summer 2015, Illinois State University, Department Of Criminal Justice Sciences

The Rap Sheet

Newsletter of the Illinois State University Department of Criminal Justice Sciences

Factors Influencing Criminal Case Processing Time In Mclean County Courts, Christina Davila

Student Research – Stevenson Center

The McLean County Criminal Justice Coordinating Council seeks to ensure an effective, fair, and efficient system of justice. It aims to understand how different factors affect case processing time, so as to reduce unnecessary delay. An exploratory multivariate analysis of jail data was conducted to determine how case-related factors and factors unrelated to the case influence how long it took for a criminal case to be processed within the McLean County court system between 2007 and 2013. Based on the findings, case-related variables like charge severity, number of counts, and days in custody hold more predictive power than variables that …

Remote Adjudication In Immigration, Ingrid V. Eagly

Northwestern University Law Review

This Article reports the findings of the first empirical study of the use of televideo technology to remotely adjudicate the immigration cases of litigants held in detention centers in the United States. Comparing the outcomes of televideo and in-person cases in federal immigration courts, it reveals an outcome paradox: detained televideo litigants were more likely than detained in-person litigants to be deported, but judges did not deny respondents’ claims in televideo cases at higher rates. Instead, these inferior results were associated with the fact that detained litigants assigned to televideo courtrooms exhibited depressed engagement with the adversarial process—they were less …

A Calling To Justice, Amelia Benner '09

Illinois Wesleyan University Magazine, 2002-2017

Cliff Nellis ’97 created and leads a legal center that is changing the lives of young people in one of Chicago’s toughest neighborhoods.

The Strength Of Social Bonds In Preventing At Risk Youth From Engaging In Delinquent And Law Violating Behavior, Christopher A. Falcone

Sociology & Criminal Justice Theses & Dissertations

The purpose of the study is to assess whether social bonds (i.e., attachment, commitment, involvement, and belief) are associated with a decrease in delinquent and law violating behavior among at-risk youth in various geographical locations. According to Travis Hirschi's (1969) social bonding theory, delinquent acts occur when an individual's bond to society is weak or broken. Hirschi stated that humans by nature are deviant, and that the value individuals place on their relationships prevent them from engaging in such behavior. Using data from the 2000 ICPSR Evaluation of the Children at Risk Program in Austin, Texas; Bridgeport, Connecticut; Memphis, Tennessee; …

Choice Of Counsel And The Appearance Of Equal Justice Under Law, Wesley M. Oliver

Northwestern University Law Review

Once a federal prosecutor obtains an indictment that seeks a forfeiture, a judge must permit the prosecutor to freeze all the potentially forfeitable assets that would be unavailable at the time of conviction. Obviously, funds used for the defense would fit into that category. Equally obvious is the tension between the government’s interest in assets that may be forfeitable and a defendant’s Sixth Amendment right to choice of counsel. A number of lower courts therefore had permitted defendants to seek release of the assets needed for a defense by challenging the grand jury’s determination that probable cause existed to believe …

Sociology, Saint Mary's College Of California

Academic Catalog

No abstract provided.

Cultural Influences On Attitudes Toward The Criminal Justice System: A Focus On The Filipino American Community, Moises Osias Mina Jr.

Sociology & Criminal Justice Theses & Dissertations

Based on the Individualism-Collectivism (I-C) perspective and elements of Cullen's social support theory, the present exploratory analysis tested for differences in individualism and collectivism and the potential impact of such differences on attitudes toward criminal justice constructs. Survey participants were Philippine residents, Filipino immigrants to the United States, and US-born Filipino Americans. Initial results suggested minimal variations in individualism and collectivism among the three groups, however, more significant differences were found when respondents were grouped by country of birth, with US-born Filipino Americans exhibiting lower scores in collectivism and, unexpectedly, in individualism. Measures of specific I-C traits, such as independence, …

The Use Of Restorative Justice To Resolve Conflict In Schools, Marie F. Penny

All Student Theses and Dissertations

The Use of Restorative Justice to Resolve Conflict in Schools Schools today are increasingly interested in utilizing conflict resolution techniques that can provide both a short-term solution and a long-term resolution that allows students and schools to focus on more prevalent issues such as education, safety, and child development. One technique that has proven useful is restorative justice practices.