Digital Commons Network^™

Chooseyourjudges.Org: Treating Elected Judges As Politicians, Ric Simmons

Akron Law Review

In order to combat this problem of voter ignorance, I recently created a website designed to provide voters with information about judicial elections...Creating the website posed unique practical challenges, such as how to gather the information about the candidates and how to present it to the voter in a way that was meaningful and useful to a non-lawyer. But it also raised even more fundamental questions about the purpose of judicial elections and the role voters are meant to play in the process. This Article describes these challenges and questions, and then proposes my own initial solutions to them, in …

Juror Bias, Voir Dire, And The Judge-Jury Relationship, Nancy S. Marder

Chicago-Kent Law Review

In the United States, voir dire is viewed as essential to selecting an impartial jury. Judges, lawyers, and the public fervently believe that a fair trial depends on distinguishing between prospective jurors who are impartial and those who are not. However, in England, Australia, and Canada, there are impartial jury trials without voir dire. This article challenges the assumption that prospective jurors enter the courtroom as either impartial or partial and that voir dire will reveal the impartial ones. Though voir dire fails as an “impartiality detector,” this article explores how voir dire contributes to the trial process in two …

A Tale Of Two Countries' Engagement With The Fair Cross Section Right: Aboriginal Underrepresentation On Ontario Juries And The Boston Marathon Bomber's Jury Wheel Challenge, Marie Comiskey

Chicago-Kent Law Review

In both Canada and the United States, the constitutional right to a jury trial includes the right to select a jury from a representative cross-section of the jury-eligible population. This article compares and contrasts how this right has been interpreted in the two countries through the lens of recent controversies. In Part I, the article examines how the Supreme Court of Canada and the United States Supreme Court have defined the representative cross-section component of the right to a jury trial in the two respective countries. In Part II, the article focuses on the crisis of Aboriginal underrepresentation on coroner …

The Prospector, June 23, 2015, Utep Student Publications

The Prospector

Headline: #STARSANDSTOMPS: Stomping the Flag Becomes a Debate About Patriotism

Introduction To Juries And Lay Participation: American Perspectives And Global Trends, Nancy S. Marder, Valerie P. Hans

Chicago-Kent Law Review

The jury in the United States is fraught with paradoxes. Even though the number of jury trials in the United States continues to decline, jury trials play a prominent role in American culture and continue to occupy headlines in newspapers and top stories on television. Americans might not always agree with the verdict that any given jury renders, but they continue to express their support for the jury system in poll after poll. This Symposium of the Chicago-Kent Law Review presents new theories and research, with a focus on the contemporary American jury. The Introduction begins by connecting discussions at …

Table Of Contents, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.

Decision-Making In The Dark: How Pre-Trial Errors Change The Narrative In Criminal Jury Trials, Kara Mackillop, Neil Vidmar

Chicago-Kent Law Review

The jury trial plays a critical constitutional and institutional role in American jurisprudence. Jury service is, technically, the only constitutional requirement demanded of our citizens and, as such, places an important responsibility on those chosen to serve on any jury, especially within the criminal justice system. Jury research has established that, generally, jurors take their responsibilities seriously; they work with the evidence presented at trial and they reach verdicts that correlate to the narratives they develop throughout the trial. But with estimates of wrongful conviction rates as high as five percent in serious felony cases, how are juries getting it …

Preventing Juror Misconduct In A Digital World, Thaddeus Hoffmeister

Chicago-Kent Law Review

This article examines the reform efforts employed by common law countries to address internet-related juror misconduct, which generally arises when jurors use technology to improperly research or discuss a case. The three specific areas of reform are (1) punishment, (2) oversight, and (3) education. The first measure can take various forms ranging from fines to public embarrassment to incarceration. The common theme with all punishments is that once imposed, they make citizens less inclined to want to serve as jurors. Therefore, penalties should be a last resort in preventing juror misconduct.

The second reform measure is oversight, which occurs in …

Contact That Can Kill: Orders Of Protection, Caller Id Spoofing And Domestic Violence, Gabriella Sneeringer

Chicago-Kent Law Review

The Illinois Domestic Violence Act (IDVA) was created as a means of providing protection and remedies to domestic violence victims through orders of protection. The orders of protection can insulate victims from abusers through a variety of ways such as mandating that the abuser be prohibited from contacting the victim by any means. Under the IDVA, any violation of the order is a crime. As technology advances, abusers begin using more and more technology as a means to circumscribe orders of protection. One such technology, Caller ID spoofing, is particularly problematic. This technology enables abusers to easily contact, stalk and …

The American Jury System: A Synthetic Overview, Richard Lempert

Chicago-Kent Law Review

This essay is intended to provide in brief compass a review of much that is known about the American jury system, including the jury’s historical origins, its political role, controversies over its role and structure, its performance, both absolutely and in comparison to judges and mixed tribunals, and proposals for improving the jury system. The essay is informed throughout by 50 years of research on the jury system, beginning with the 1965 publication of Kalven and Zeisel’s seminal book, The American Jury. The political importance of the jury is seen to lie more in the jury’s status as a one …

Babies Behind Bars: An Evaluation Of Prison Nurseries In American Female Prisons And Their Potential Constitutional Challenges, Seham Elmalak

Pace Law Review

This note opens the prison doors and delves into the United States female prison system, primarily focusing on the positive and negative impact of nursery programs on mothers and children, along with potential constitutional claims that can be brought against these programs. Part I provides a general background about the American prison system, and briefly touches on the constitutional standards of prisoners’ rights. It also discusses the history and development of female prisons and illustrates the rapid increase of female incarceration. Part II focuses on the prevalence of mothers within the female population in prisons. Part III introduces prison nursery …

When In Doubt Take Them Out: Removal Of Children From Victims Of Domestic Violence Ten Years After Nicholson V. Williams, Lynn F. Beller

Duke Journal of Gender Law & Policy

No abstract provided.

The Source Newsletter, Yolanda Carr, Diane Fitzsimmons

The Source

No abstract provided.

Sexism And How It Mediates The Relationship Between Gender And Rape Myth Acceptance, Caroline Feinberg

Theses and Dissertations

Rape is a significant social and health problem in the United States with around 17.7 million women being forcibly raped at some time in their lives. While a rape-supportive culture and victim blame are concepts that aid in explaining rape, understanding societal held ideas about rape and traditional gender role beliefs can explain. Therefore, the present study focuses on how ambivalent sexist belief structures mediate the relationship between gender and rape myth acceptance. It was hypothesized that ambivalent sexism (AS) when divided into its four separate concepts: hostile (HS), protective paternalism (PP), complementary gender differentiation (CGD), and heterosexual intimacy (HI), …

Relocation Law And Survivors Of Domestic Violence, Talley Wood

Duke Journal of Gender Law & Policy

No abstract provided.

Serials Solutions Click-Through Statistics By Provider And Database 2014-2015, Andree Rathemacher

Technical Services Reports and Statistics

Statistics on the total number of database and journal-level clicks, by provider and database, of Serials Solutions tools at the University of Rhode Island Libraries by month for 2014-2015. Clicks may have originated from the A-Z full text electronic journal list (at http://zu4tq4pb5v.search.serialssolutions.com/), from OpenURL links ("360 Link"), or the 856 fields of Serials Solutions-generated MARC records ("360 MARC Updates").

Serials Solutions Click-Through Statistics By Journal Title And Issn 2014-2015, Andree Rathemacher

Technical Services Reports and Statistics

Statistics on the total number of journal-level clicks, by journal title (on all platforms), of Serials Solutions tools at the University of Rhode Island Libraries by month for 2014-2015. Clicks may have originated from the A-Z full text electronic journal list (at http://zu4tq4pb5v.search.serialssolutions.com/), from OpenURL links ("360 Link"), or the 856 fields of Serials Solutions-generated MARC records ("360 MARC Updates").

Media

Colby Magazine

Audience Engagement and the Role of Arts Talk in the Digital Era, by Lynne Conner (Theater and Dance)

Negotiating Privilege and Identity in Educational Contexts, by Adam Howard (Education), Aimee Polimeno ’14, and Brianne Wheeler ’14

The Tree in the Mind, by Ronald Moran ’58

The Americans, by David Roderick ’92

Transcultural Aesthetics in the Plays of Gao Xingjian, by Todd Coulter (Theater and Dance)

Mama Gone Geek: Calling on My Inner Science Nerd to Help Navigate the Ups and Downs of Parenthood, by Lynn Brunelle ’85

The Sustainable University, by James Martin ’70, James E. Samuels & Associates

Understanding …

Developing Safeguarding Services To Protect Children – What Are The Key Components?, Jenny Gray

Irish Journal of Applied Social Studies

This paper, drawing on UK and international experiences, suggests that the key components of an effective national system of services to safeguard children from being maltreated have to not only be in place but also functioning effectively in an integrated manner if they are to achieve their aims. The United Nations Convention on the Rights of the Child (UNCRC) provides a common international framework for all governments, organisations and professionals to work within. It should be incorporated into domestic legislation, which is supported by national frameworks and protocols that are underpinned by a commitment to multi-disciplinary, multi-agency working. Effective implementation …

Masculinity, Relationships And Context: Child Sexual Abuse And The Catholic Church, Marie M. Keenan

Irish Journal of Applied Social Studies

This paper provides background to the sexual abuse crisis in the Catholic Church in Ireland and outlines the particular Irish dimensions to the problem. It argues that a systemic perspective offers best promise to conceptualise the problem of sexual abuse in the Catholic Church and outlines. In turning to how the problem has been investigated by statutory and church commissioned inquiries and commissions of investigation (Murphy, 2009; Ryan, 2009) it becomes apparent that how the past is investigated and framed is not merely a neutral matter, but one that is complexly interwoven with present politic and changing social conditions. In …

Vera Mae Childers

African American Funeral Programs

No abstract provided.

Correctional Practitioners On Reentry: A Missed Perspective, Elaine Gunnison, Jacqueline B. Helfgott, Cecilie Wilhelm

Journal of Prison Education and Reentry (2014-2023)

Much of the literature on reentry of formerly incarcerated individuals revolves around discussions of failures they incur during reintegration or the identification of needs and challenges that they have during reentry from the perspective of community corrections officers. The present research fills a gap in the reentry literature by examining the needs and challenges of formerly incarcerated individuals and what makes for reentry success from the perspective of correctional practitioners (i.e., wardens and non-wardens). The views of correctional practitioners are important to understand the level of organizational commitment to reentry and the ways in which social distance between correctional professionals …

Emu Mcnair Scholars Program 2014-2015 Newsletter, Mcnair Scholars Program

EMU McNair Challenger

No abstract provided.

Criminal Justice News, Georgia Southern University

Criminal Justice & Criminology: News & Publications (2012-2023)

• Dr. Bryan Miller Published in Pediatrics
• Graduate Students Publish Research

Information Overload, Multi-Tasking, And The Socially Networked Jury: Why Prosecutors Should Approach The Media Gingerly, Andrew E. Taslitz

School of Law Faculty Publications

The rise of computer technology, the internet, rapid news dissemination, multi-tasking, and social networking have wrought changes in human psychology that alter how we process news media. More specifically, news coverage of high-profile trials necessarily focuses on emotionally-overwrought, attention-grabbing information disseminated to a public having little ability to process that information critically. The public’s capacity for empathy is likewise reduced, making it harder for trial processes to overcome the unfair prejudice created by the high-profile trial. Market forces magnify these changes. Free speech concerns limit the ability of the law to alter media coverage directly, and the tools available to …

High Expectations And Some Wounded Hopes: The Policy And Politics Of A Uniform Statute On Videotaping Custodial Interrogations, Andrew E. Taslitz

School of Law Faculty Publications

Much has been written about the need to videotape the entire process of police interrogating suspects. Videotaping discourages abusive interrogation techniques, improves police training in proper techniques, reduces frivolous suppression motions because facts are no longer in dispute, and improves jury decision making about the voluntariness and accuracy of a confession. Despite these benefits, only a small, albeit growing, number of states have adopted legislation mandating electronic recording of the entire interrogation process. In the hope of accelerating legislative adoption of this procedure and of improving the quality of such legislation, the Uniform Law Commission (ULC), formerly the National Conference …

Confessing In The Human Voice: A Defense Of The Privilege Against Self-Incrimination, Andrew E. Taslitz

School of Law Faculty Publications

ABSTRACT OF CONFESSING IN THE HUMAN VOICE: A DEFENSE OF THE PRIVILEGE AGAINST SELF-INCRIMINATION

By Andrew E. Taslitz

The privilege against self-incrimination has fallen on hard times. Miranda rights shrink, as do those more traditional “core” aspects of the privilege. Partly this is due to an implicit skepticism by the courts about the value of the privilege, despite their occasional explicit words of praise for its role in our constitutional scheme. Scholars largely, though not uniformly, agree that the privilege cannot be justified as a philosophical matter, viewing it as an unfortunate burden we are stuck with because of its …

Alaska Justice Forum ; Vol. 32, No 1. (Spring 2015), Marny Rivera, Patrick Sidmore, Barbara Armstrong, Deborah Periman, Brad A. Myrstol, Troy C. Payne

Vols 31-36 (2014-2019)

The Spring 2015 issue of the Alaska Justice Forum presents articles on the relationship between adverse childhood experiences (ACEs) and alcohol abuse in adulthood, limiting public access to criminal records, police–public contacts in Anchorage, and officer-involved shootings in Anchorage.

Expungement And Limiting Public Access To Alaska Criminal Case Records In The Digital Age, Barbara Armstrong, Deborah Periman

Vols 31-36 (2014-2019)

A criminal record results in a number of different barriers to reentry into the community for former offenders. These barriers — also called collateral consequences — can be mitigated by reducing the extent to which criminal records are visible to employers, landlords, and others. This article provides an overview of the complexity involved in limiting public access to criminal records, processes adopted in other states, and recent legislative proposals and current options in Alaska.

Adverse Childhood Experiences And Their Association With Alcohol Abuse By Alaska Adults, Marny Rivera, Patrick Sidmore

Vols 31-36 (2014-2019)

This article examines the prevalence of adverse childhood experiences (ACEs) — such as abuse and household dysfunction in childhood — and its association with adoption by Alaska adults of the health-risk behaviors of heavy and binge drinking. The behavioral health of Alaskans could be improved by addressing the association between ACEs and health-risk drinking behaviors, and establishing an integrated prevention system.