Digital Commons Network^™

Rituals Upon Celluloid: The Need For Crime And Punishment In Contemporary Film, J C. Oleson

Cleveland State Law Review

Most members of the public lack first-hand experience with the criminal justice system; nevertheless, they believe that they possess phenomenological knowledge about it. In large part, the public’s understandings of crime and punishment are derived from television and film, which provide modern audiences with a vision of institutions that are normally occluded from view. While public rituals of punishment used to take place on the scaffold, equivalent moral narratives about crime and punishment now occur on film because modern punishment is imposed outside of the public gaze. Yet because crime films distort what they depict, the public’s view of crime …

The Impact Of Mobile Network Forensics Evidence On The Criminal Case Processing Performance In Macedonia: An Institutional Analysis Study, Filipo Sharevski

Open Access Dissertations

The purpose of this study was to explore the contribution of the localization data, network-management data, and content-of-communication data in the case processing performance in Macedonia. The mobile network forensics evidence was analyzed respective to the impact of the mobile network data variety, the mobile network data volume, and the forensic processing on the case disposition time. The results from this study indicate that the case disposition time is negatively correlated with the network-management data volume and positively correlated with the content-of-communication data volume. The relevance of the network-management data was recognized in the highly granular service behavior profile developed …

Problem Solving Courts & Race: An Examination Of Community Courts And The Impact Of Race, Tyrell Anthony Connor

Open Access Dissertations

The United States currently leads the world in incarcerations rates. The dramatic increase of using prison as a response to most criminal offenses has called for new and innovative practices. Problem solving courts have been leading the way by incorporating evidence-based practices in the courtroom to find alternatives to incarceration. However, although problem solving courts are receiving praise for their innovative ways, they have seemed to fail at adequately addressing the racial disparities so prevalent in the U.S. criminal justices system. This dissertation seeks to understand how race can play a role in problem solving courts, by specifically evaluating community …

Cultural Considerations In Forensic Science In The United States, Suzanna K. Taylor, Wayne P. Bergeron

Politics, Justice, Law, and Philosophy

Does the cultural context of any criminal justice element, ranging from the crime victim to the forensic science expert, have any impact on the pursuit of justice? Is forensic science completely free of cultural adulteration? Two dimensions of the cultural consideration variable this paper focuses on are (1), what areas of forensic analysis need to be considered to prevent, or at least, diminish cultural offenses in processing crime scenes and forensic evidence, and (2) the need of forensic science professionals and organizations to adopt a consistent scientific culture in processing and analyzing evidence (particularly in DNA analysis). While many empirical …

Criminal Law—Sentencing Juveniles—Where Do We Go From Here? Mandatory Sentencing And Retroactive Application Post-Miller. Miller V. Alabama, 132 S. Ct. 2455 (2012)., Nikki Morris

University of Arkansas at Little Rock Law Review

No abstract provided.

The Promises And Pitfalls Of State Eyewitness Identification Reforms, Nicholas A. Kahn-Fogel

Law Faculty Scholarship

This article provides a comprehensive analysis of state-based eyewitness identification reforms, including legislative directives, evidentiary rules, and judicial interpretations of state constitutions as providing greater protection against the use of unreliable eyewitness evidence than the United State Supreme Court offered in its 1977 decision in Manson v. Brathwaite. While previous scholarship has included thorough consideration of a single state's eyewitness law, state-by-state analysis of a sub-issue in eyewitness law, and brief general surveys of state approaches to eyewitness reform, this article adds to the current body of scholarship with an in-depth evaluation of eyewitness identification law in states that have …

Doin' Time For An Unproven Crime: The Problem Of Unpreserved Evidence Sufficiency Issues In Criminal Appeals, Richard Sanders

St. Thomas Law Review

Sections I and II of the article lay out the general principles of the preservation rule and its fundamental-error exception. Section III discusses the Florida cases that have wrestled with the problem of unpreserved sufficiency issues in criminal cases. The problem in the cases-seen in F.B. and in the pre-F.B. district court cases-is that Florida courts do not say that all valid-but-unpreserved sufficiency issues should be remedied as fundamental error. This means there will be some cases where the evidence in the record fails to establish all the elements of the crime of conviction but the court will affirm because …

Better The Mob And The Ku-Klux: A History Of The Law Of Search And Seizure In Florida, Milton Hirsch

St. Thomas Law Review

As late as 1930, and on several occasions prior to that date, Harvard Law Professor Felix Frankfurter could offer, as an example of something that the Supreme Court would almost never be called upon to decide, "whether the [Fourth Amendment] protection against 'unreasonable searches and seizures' is violated. In 1939 Professor Frankfurter was appointed to the High Court, where he would serve for 23 years; and where, as Justice Frankfurter, he would participate in a great many notable opinions having to do with whether the Fourth Amendment protection against unreasonable searches and seizures had been violated. That Professor Frankfurter made …

Children Of A Lesser Jones: Punitive Damages In Unseaworthiness, Attilio M. Costabel

St. Thomas Law Review

The title of the famous stage play and movie, Children of a Lesser God, comes from a stanza of Alfred Lord Tennyson's, Idylls of the King, which reads as follows, "As if some lesser god had made the world, but had not force to shape it as he would." Like Tennyson's lesser God, Congress enacted the Jones Act, but did not have the force to shape it as it was supposed to be. On the contrary, it allowed the courts to interpret, twist and abuse it to the furthest limits, well beyond even the questionable ones imposed by Miles v. …

A Warmer Welcome Home: The Need For Incorporating Therapeutic Jurisprudence In Reentry Courts, Kelsey Geary

St. Thomas Law Review

This comment will focus on one of the first established reentry courts-the Harlem Reentry Court ("HRC")-by evaluating its effectiveness with the basic principles of therapeutic jurisprudence. Section II provides general background on all the relevant topics: therapeutic jurisprudence, problem-solving courts, and reentry courts. Section III specifically focuses on the background, formation, and strategies of the HRC. Section IV gives an in-depth analysis of HRC's process, and how recognizing and further incorporating therapeutic practices could increase its success. Finally, Section V will conclude the argument by advocating for nationwide exposure and implementation of reentry courts for parolees around the country with …

Administering Section 2 Of The Voting Rights Act After Shelby County, Douglas M. Spencer, Christopher S. Elmendorf

Faculty Articles and Papers

Until the Supreme Court put an end to it in Shelby County v. Holder, section 5 of the Voting Rights Act was widely regarded as an effective, low-cost tool for blocking potentially discriminatory changes to election laws and administrative practices. The provision the Supreme Court left standing, section 2, is generally seen as expensive, cumbersome, and almost wholly ineffective at blocking changes before they take effect. This Article argues that the courts, in partnership with the Department of Justice, could reform section 2 so that it fills much of the gap left by the Supreme Court's evisceration of section 5. …

Nsu College Of Arts, Humanities, And Social Sciences (Cahss) 2015–2016 Catalog, Nova Southeastern University

College of Arts, Humanities, and Social Sciences Course Catalogs

No abstract provided.

Taz: The Legal Academy's Happy (And Erudite) Warrior, Wayne A. Logan

Scholarly Publications

No abstract provided.

Redefining Reasonable Seizures, Lauryn P. Gouldin

Denver Law Review

No abstract provided.

Implicit Bias And Capital Decision-Making: Using Narrative To Counter Prejudicial Psychiatric Labels, Sean D. O'Brien, Kathleen Wayland

Hofstra Law Review

The article presents practical advice for U.S. defense attorneys on the use of narratives to counter the prejudicial psychiatric labels that prosecutors invoke in capital punishment cases, and it mentions implicit bias and decision-making in law. Cognitive psychology is addressed, along with the use of stereotypes and labels such as psychopathy and Antisocial Personality Disorder in order to generate fear. The admissibility of evidence is examined, along with expert evidence in America.

Trying To Get It Right--Ohio, From The Eighties To The Teens, Margery M. Koosed

Hofstra Law Review

The article discusses the history of the capital punishment (CP) laws and litigation in Ohio as of 2015, and it mentions the Ohio Supreme Court, scrutiny of the state's CP system, and the claim that Texas and Ohio have performed the most executions in America. Justice is addressed in relation to the efforts to improve Ohio's criminal defense services. The U.S. Constitution's Eight and Fourteenth Amendments are examined, along with the CP-related cases Furman v. Georgia and Lockett v. Ohio.

A Tenant's Procedural Due Process Right In Chronic Nuisance Ordiance Jurisdictions, Salim Katach

Hofstra Law Review

The article discusses a tenant's procedural due process right in Chronic Nuisance Ordinance (CNO) jurisdictions in America, and it mentions a lawsuit involving single mother Lakisha Briggs who was accused of violating Norristown, Pennsylvania's CNO following a disorderly conduct and fighting incident in 2012. According to the article, CNOs are designed to encourage property owners to prevent criminal activity on their properties and to recover the costs associated with police services.

The Implications Of Incorporating The Eighth Amendment Prohibition On Excessive Bail, Scott W. Howe

Hofstra Law Review

In its opinion in McDonald v. City of Chicago, 130 S.Ct. 3020 (2010), concerning the incorporation of the Second Amendment, the Supreme Court included a footnote that listed the Eighth Amendment prohibition on excessive bail as one of the incorporated Bill of Rights protections. Oddly, the Court had never incorporated the bail clause or even explained what protections it conferred. While strange, these circumstances provide a rare opportunity to reason backward from incorporation to the meaning of the incorporated provision. And by pursuing those backward implications, the paper offers novel arguments about the proper understanding of the bail clause.

I …

Cost-Effective Juvenile Justice Reform: Lessons From The Just Beginning “Baby Elmo” Teen Parenting Program, Shani M. King, Rachel Barr, Jennifer Woolard

UF Law Faculty Publications

This Article reviews the literature describing the rise of mass incarceration and its effects on individuals, families, and communities. The Article then describes the Just Beginning “Baby Elmo” Program, a cost-effective, sustainable parental instruction and child visitation intervention created for use with incarcerated teen parents. This intervention is designed to increase the quality of interaction between parent and child, increasing the likelihood that the teen father and child will form a positive relationship and maintain that relationship after release from detention—thereby increasing the child’s resilience and reducing the risk of recidivism for the teen father. The “Baby Elmo” Program is …

Where Are All The Women? The Decline Of Female Coaches Post Title Ix, Madeline Amon

Master of Education in Applied Human Development Graduate Projects

This paper helps illustrate the decline of female coaches in the NCAA post Title IX. Before Title IX was passed female coaches coached over 90% of female athletes and currently, while female sport participation is at an all-time high, female’s coaching female athletes is not. This drop in females coaching is a serious issue that demands change. This paper calls for change within the current NCAA administrative structure. This paper looks at recent literature surrounding the issue and replicates a study conducted by Dr. Nicole LaVoi from the University of Minnesota that illustrates the issue at the Division I level. …

Library Instruction And Information Literacy 2014, Robert Detmering, Anna Marie Johnson, Claudene Sproles, Samantha Mcclellan, Rosalinda H. Linares

Works by Oberlin College Libraries Staff

Purpose: This paper aims to provide an introductory overview and selected annotated bibliography of recent resources on library instruction and information literacy across all library types.

Design/methodology/approach: It introduces and annotates English-language periodical articles, monographs, dissertations and other materials on library instruction and information literacy published in 2014.

Findings: It provides information about each source, discusses the characteristics of current scholarship and highlights sources that contain unique or significant scholarly contributions.

Originality/value: The information may be used by librarians and interested parties as a quick reference to literature on library instruction and information literacy.

Making Space For Good Things To Happen: A Restorative Approach To The School To Prison Pipeline, Jon Powell

Scholarly Works

No abstract provided.

Racial Conflict And Bias Crimes Across Us Cities : An Analysis Of The Social Threat Perspective, Suzanne M. Strong

Legacy Theses & Dissertations (2009 - 2024)

This research examines racially biased crimes across US cities, utilizing social threat and a general criminality perspective based on social disorganization and strain theories. Racially biased crime is compared to violent crime in general and to unbiased racially disaggregated homicide to further examine the effects of social threat and general crime variables on different forms of violent crime. Data is compiled mainly from the 1990 and 2000 US Censuses, the 1996-2000 Uniform Crime Reports and the 1996-2000 Supplemental Homicide Reports. The research shows bias crimes cannot be explained utilizing general crime predictors. In particular, anti-Black violent bias crimes committed by …

The "New Civil Rights" : The Innocence Movement And American Criminal Justice, Robert Norris

Legacy Theses & Dissertations (2009 - 2024)

Few issues have captivated the criminal justice world in recent years like wrongful convictions. An advocacy network has developed around the United States, responsible for exonerating more than 1,500 individuals and successfully passing reforms at all levels of criminal justice policy and practice. This "innocence movement" has been described as a "revolution" and a "new civil rights movement," yet has rarely been examined in-depth by scholars. In this dissertation, I explore the history and theoretical underpinnings of the movement through interviews with 37 actors involved in innocence work, archival materials, and observational research. I draw on the rich body of …

The Implementation Of Judicial Policy In Crime Laboratories : An Examination Of The Impact Of Melendez-Diaz V. Massachusetts, Catherine L. Bonventre

Legacy Theses & Dissertations (2009 - 2024)

In Melendez-Diaz v. Massachusetts (2009), the United States Supreme Court held that the Sixth Amendment right to confront adverse witnesses includes the right to confront forensic analysts who produce affidavits certifying the results of forensic examinations used against defendants at trial. The decision thus invalidated the practice of substituting forensic laboratory reports for live testimony in criminal trials. Melendez-Diaz was a divided decision in which four dissenting Justices predicted onerous practical consequences for the practice of forensic science in the United States. Through a web-based survey and semi-structured interviews, this dissertation explored the practical impact of the decision on crime …

Employment After Incarceration : Exploring The Influence Of Cumulative Disadvantage On Multiple Employment Outcomes, Amanda D. Emmert

Legacy Theses & Dissertations (2009 - 2024)

Prisons and jails across the Unites States release more than 600,000 inmates each year. Scholars have posed and addressed numerous concerns for the reintegration outcomes and prospects that face ex-inmates. Yet, little is known about the cumulative employment and economic disadvantages faced by ex-inmates who experienced their first incarceration at early ages or experience multiple incarcerations throughout their lives. Using event history and fixed effects analyses on longitudinal data from the Rochester Youth Development Study (RYDS), this project explores employment acquisition, employment tenure, employment stability, and use of public assistance for signs of differential ex-inmate disadvantages. While cumulative disadvantage is …

The Effects Of Parental Monitoring And Parent-Child Relationships Quality On Children's Academic Engagement In Mother-Headed, Single-Parent Families, Benjamin Robert Malczyk

Legacy Theses & Dissertations (2009 - 2024)

Using a sample of 110 mother-headed single-parent families, this longitudinal study examined the relationship between pre-adolescent students’ academic engagement and three variables: Parental monitoring, parent-child attachment, and observed child-parent relationship quality. Special interest resided in the extent to which observed relationship quality or attachment moderated the relationship between parental monitoring and academic engagement.

Stereotypes And Deadly Force Decision-Making, Mark R. Chaires

Legacy Theses & Dissertations (2009 - 2024)

Abstract

Predicting Job Performance In Correctional Officers With Pre-Employment Psychological Screening, Shelley S. Hyland

Legacy Theses & Dissertations (2009 - 2024)

There is substantial cost in the hiring and training of a correctional officer, with a high rate of turnover compounding these costs. While pre-employment psychological screening is suggested as one method to prevent these losses, mandates to screen are not as common in corrections as they are in law enforcement. Further, minimal research has examined the validity of psychological testing in correctional officers. This dissertation examined pre-employment psychological screening for 421 correctional officers hired by one of three upstate New York sheriff's departments. Assessments were conducted by Public Safety Psychology, PLLC from March, 1997 to June, 2012. T scores and …

2015-2016 Lynn University Academic Catalog, Lynn University

Academic Catalogs

No abstract provided.