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Griswold's Criminal Law, Melissa Murray

Faculty Articles

This Symposium commemorates the fiftieth anniversary of Griswold v. Connecticut. In the fifty years since it was announced, Griswold’s logic has underwritten a broader commitment to reproductive rights—one that has expanded the right to contraception and secured a woman’s right to choose an abortion. Amidst these developments it is easy to overlook another aspect of Griswold’s history. Griswold also was part of a criminal law reform effort that sought to reimagine the state’s authority in the intimate lives of citizens and limit the use of criminal law as a means of enforcing moral conformity. In this regard, Griswold shares roots …

Client Choice For Indigent Criminal Defendants: Theory And Implementation, Stephen J. Schulhofer

Faculty Articles

With rare exceptions, existing systems for effectuating the indigent criminal defendant’s right to counsel range from disappointing to scandalously inadequate. Inadequate funding, though always prominently mentioned, is often merely a symptom of a problem that weakens almost all indigent defense systems, whether poorly funded or not -- the fact that the indigent defendant is never permitted to select his own attorney. In previous articles, I argued that arguments against client choice are almost entirely bogus. The concept nonetheless drew little interest, but that situation recently changed when the Texas Indigent Defense Commission put the proposal into effect on a trial …

Jurisprudential Ties That Blind: The Means To Ending Affirmative Action, Tanya M. Washington

Faculty Publications By Year

No abstract provided.

Criminology On Crimes Against Humanity: A North Korean Case Study, Megan Alyssa Novak

Theses and Dissertations

In the last century, modern technology has significantly increased human interaction across the globe. The growing globalization of our society has created new areas of interest for many academics. This thesis explores the topic of international crime—specifically, state perpetrated crimes against humanity. Criminologists have become increasingly interested in large-scale atrocities and several theories on the topic have been perpetuated in the last few decades. Through a case study, this research determined that current theories are capable of explaining crimes against humanity in North Korea. Additionally, the findings suggest that international institutions should create programs that utilize restorative justice techniques.

The Essence Of Alternative Education: A Phenomenological Study Of The Lived Experiences Of At-Risk Secondary Alternative School Students, Latunya Glenn Means

Theses and Dissertations

What do the lived experiences of at-risk high school students reveal about the essence of alternative education? This phenomenological study sought to reflectively examine the experiences of at-risk students who are being educated in a large, Type II, alternative school in South Carolina. The research participants are high school students-- grades 9-12--who have spent at least one year in a traditional high school setting and at least one year in the County Alternative Program (CAP). The literature review highlighted the historical role of high schools in the United States, the role of high schools, high school redesign and the evolving …

Invisible Suffering: Practitioner Reflections On Peacebuilding Programs With Youth Exposed To Traumatic Stressors In Intergroup Conflict, Liza Hester

Electronic Theses and Dissertations

For decades, the international community has recognized that youth are some of the most vulnerable to mental and emotional distress within the intractable and cyclical nature of identity-based violent conflict. Exposure to traumatic stressors within these intergroup conflicts poses unique risks not only to the neurological and social development of youth, but also to the capacities of youth to fully participate in peacebuilding interventions. The peacebuilding field has yet to strongly consider how traumatic stress affects dynamics within programs for youth and how these programs may need to modify expectations of youth’s cognitive, social, and emotional functioning to account for …

Changing The School To Prison Pipeline: Integrating Trauma Informed Care In The New York City School System, In Collected Essays Impact: Threat Of Economic Inequality, Ellen Yaroshefsky, Anna Shwedel

Hofstra Law Faculty Scholarship

No abstract provided.

Where Have We Been And Where Are We Going? A Conceptual Framework For Child Advocacy, Michele Cascardi, Cathy Brown, Svetlana Shpiegel, Ariel Alvarez

Department of Social Work and Child Advocacy Faculty Scholarship and Creative Works

The primary goal of this article is to chart the development of child advocacy as an interdisciplinary field of study and conclude with a conceptual framework for research and higher education in child advocacy. Historically, child advocacy has justifiably focused on protection needs. Values and assumptions about children's best interest have also governed child advocacy, in part because evidence to inform decisions was lacking and in part because of its history as an activist movement. Against this historical backdrop, we describe contemporary trends in child advocacy that reconcile children's protection with their inherent rights to personhood. We rely on the …

The Use Of Lethal Force By Canadian Police Officers: Assessing The Influence Of Female Police Officers And Minority Threat Explanations On Police Shootings Across Large Cities, Jason T. Carmichael, Stephanie L. Kent

Criminology, Anthropology, & Sociology Faculty Publications

This study examines the applicability of several theoretically derived accounts used to explain the variations in police killings across 39 of Canada’s largest cities over a 15-year period. Pooled time-series negative binomial regression results are consistent with the ethnic threat hypothesis by indicating that lethal police action is associated with the size of the ethnic minority population in each city. Political accounts are supported as non-linear specifications suggest that once ethnic minorities reach a numerical majority in our sample of cities there is a decline in police killings. Findings also support expectations that greater female representation within policing will reduce …

Legislative Responses To Wrongful Conviction: Do Partisan Principals And Advocacy Efforts Influence State-Level Criminal Justice Policy?, Stephanie L. Kent, Jason T. Carmichael

Criminology, Anthropology, & Sociology Faculty Publications

The number of discovered wrongful criminal convictions (and resulting exonerations) has increased over the past decade. These cases erode public confidence in the criminal justice system and trust in the rule of law. Many states have adopted laws that aim to reduce system errors but no study has examined why some states appear more willing to provide due process protections against wrongful convictions than others. Findings from regression estimates suggest that states with a Republican controlled legislature or more Republican voters are less likely to pass these laws while the presence of advocacy organizations that are part of the 'innocence …

Towards More Efficient Service For Clients, Using Hmis System: Managerial Audit Of Community Technology Alliance, Mohua Chatterjee

Master's Projects

No abstract provided.

Relationship Between Community Violence Exposure, Gender, And Social Information Processing, Yvonne Twana Bell

Walden Dissertations and Doctoral Studies

Violent behaviors among adolescents serve as a disruption to many aspects of society. If these behaviors remain uncorrected, there is increased potential for serious self-harm, harm to others, incarceration, and escalation of violence into homicide or suicide. The purpose of this study was to examine the relationship between youth exposure to community violence and adolescents' social information processing underlying aggressive responses, as well as the potential role of gender in moderating this relationship. A sample of 160 male and female 18-year-olds from the Midwestern United States completed an online survey, which included the Things I Have Seen and Heard (TISH) …

Writing Program Directors' Perceptions Of Factors Promoting Writing Programs, Carole Kempler Meagher

Doctoral Dissertations

Although California grows more socially and ethnically diverse, and its public universities serve this changing population, spending in higher education has been cut over the past few years. In this context, crucial departments such as writing programs, which offer all students the opportunity to build their communication skills while bringing their unique perspectives to traditional theories, have been under pressure for their higher cost than traditional lecture-style and new online courses. Further, writing programs are not always perceived as a source of institutional prestige.

This study starts with critical pedagogy: the idea that education is social change. The study then …

Discounted: Stories Of Formerly Gang Involved And Incarcerated Latino Males In Los Angeles County, Kristina Marie Alvarado

CGU Theses & Dissertations

Education gives an individual access to different ways of learning, thinking, and ultimately providing a source of power to better understand the world. Second and third-generation Latino males are faced with the generational impact of family gang involvement, violence, poverty, neglect, and emotional abuse in their daily lives at school and at home. This study provided an original contribution to the field of education due to its specific focus on the population of formerly incarcerated, formerly gang involved, later generation Latino males in Los Angeles. The narratives in this study shed light on their marginalization. The personal stories revealed the …

Are Private Prisons To Blame For Mass Incarceration And Its Evils? Prison Conditions, Neoliberalism, And Public Choice, Hadar Aviram

Faculty Scholarship

No abstract provided.

Defining And Punishing Offenses Against Treaties, William S. Dodge, Sarah H. Cleveland

Faculty Scholarship

No abstract provided.

Merit-Based Sentencing Reductions: Moving Forward On Specifics, And Some Critique Of The New Model Penal Code, Rory Little

Faculty Scholarship

No abstract provided.

Reflections On Freedom And Criminal Responsibility In Late Twentieth Century American Legal Thought, Thomas A. Green, Merrill Catharine Hodnefield

Articles

It is now a commonplace among historians that American criminal jurisprudence underwent a dramatic change something like two-thirds to three-quarters into the last century. Roughly, this development is understood as a shift (or drift) from a more-or-less pure consequentialism to a "mixed theory" wherein retributivism played a major-at times, dominant-role. As the new paradigm remains intact, now approaching a half-century, the development qualifies as a significant historical fact. The fact applies not only to the history of justification for punishment but also to conceptions of the underlying principle of (basis for) responsibility. The two are rightly distinguished: for many scholars …

The Jury And Criminal Responsibility In Anglo-American History, Thomas A. Green

Articles

Anglo-American theories of criminal responsibility require scholars to grapple with, inter alia, the relationship between the formal rule of law and the powers of the lay jury as well as two inherent ideas of freedom: freedom of the will and political liberty. Here, by way of canvassing my past work and prefiguring future work, I sketch some elements of the history of the Anglo-American jury and offer some glimpses of commentary on the interplay between the jury—particularly its application of conventional morality to criminal judgments—and the formal rule of law of the state. My central intent is to pose questions …

Ethnic Discrimination: Measurement And Associations With Smoking-Related Outcomes Among Arab Male Current And Former Smokers In Israel, Amira Osman

Theses and Dissertations

We evaluated the psychometric properties of two instruments used to assess ethnic discrimination among Arabs in Israel. The “Experiences of Discrimination” (EOD) scale was adapted to assess interpersonal ethnic discrimination (EOD-A) and a new measure was developed to assess perceptions of institutional group discrimination (IGD) against Arabs as an ethnic group. Then, we examined the association between each form of ethnic discrimination (interpersonal and institutional) and smoking outcomes among Arab men from Israel, and whether social support and coping efficacy moderate these associations. Data were analyzed from a cross-sectional study of Arab male current and former smokers, aged 18-64. A …

Crash Risk Associated With Cellular Phone Use While Driving, Tiffani Ann Fordyce

Walden Dissertations and Doctoral Studies

There are inconsistencies in the published literature on the effect of cellular phone use while driving. The objective of this study was to estimate an adjusted nationwide crash rate associated with cell phone use while driving and to compare statewide crash rates prior to and following the implementation of legislation banning cell phone use while driving. Crash rates in nationally representative databases were calculated based on imputed values for cell phone use using the propensity score method. The imputed nationwide crash rate for fatal crashes (1.61 per 100 fatal crashes) and all crashes (1.409 per 100 crashes) represented a 2 …

Is Deterrence Relevant In Sentencing White-Collar Criminals?, Peter J. Henning

Law Faculty Research Publications

No abstract provided.

Predictors Of Readmission In Shelters And Other Services Among Homeless Adults In Detroit, Devin Michael Hanson

Wayne State University Theses

Admission to an emergency shelter reflects an important outcome in a person's life, and many admissions to an emergency shelter reflects a human and financial cost. This article discusses the evolution of the measurement and understanding of homelessness. It looks at characteristics of people who make use of shelter in a chronic fashion to better understand what might predict risk for future continued use. This includes an analysis of a large dataset of emergency shelter utilization in Detroit Michigan collected between 2008 and 2012. Analysis reveals that fundamental demographic information, individual's interactions with the shelter system (good or bad), and …

For The Title Ix Civil Rights Movement: Congratulation And Cautions, Nancy Chy Cantalupo

Law Faculty Research Publications

No abstract provided.

How Motivational Interviewing Affects The Motivation, Self-Efficacy, And Outcome Expectancies Of Adjudicated Adolescents In A School Setting, Sarah Paret Rabkin

Electronic Theses and Dissertations

Unfortunately, substance use is prevalent among adolescents. Data from the National Institute on Drug Abuse (NIDA) shows that in 2009, 46.7% of 12th grade students reported that they had tried an illicit substance in their lifetime (NIDA, 2010). Substance use in adolescence is the strongest predictor of drug and alcohol disorders in adults. Albert Bandura's social cognitive theory suggests there is a reciprocal interaction between personal, environmental, and behavioral factors that contribute to substance use. This theory is also useful for identifying factors (e.g. motivation, self-efficacy, and outcome expectancies) that are central to behavior change.

Motivational Interviewing (MI) is an …

Is Hobby Lobby Really A Brave New World - Litigation Truths About Religious Exercise By For-Profit Organizations, Eric Rassbach

UC Law Constitutional Quarterly

The Supreme Court in Burwell v. Hobby Lobby Stores held that the Religious Freedom Restoration Act applied to for-profit corporations and that the Affordable Care Act's requirement that group health care plans provide FDA-approved contraceptives created a substantial burden on Hobby Lobby Stores, Inc. Although controversial, this Article explains why the following outcry and dismay after the decision by media and scholars alike is unjustified. Hobby Lobby is merely a substantial burden case in a long line of substantial burden cases. The escalated level of attention to Hobby Lobby is not doctrinal, which is supported by the fact that it …

Road To Recovery: Pakistan's Human Rights Crises In The Fata, Naji'a Tameez

Syracuse Journal of International Law and Commerce

No abstract provided.

Syracuse Journal Of International Law And Commerce - Vol. 42, No. 2 (Complete)

Syracuse Journal of International Law and Commerce

No abstract provided.

The Unconstitutional Use Of Restraints In Removal Proceedings, Fatma E. Marouf

Faculty Scholarship

Although ICE's shackling practices vary across the country, in at least some jurisdictions ICE has exercised its authority under the 1988 Memorandum to indiscriminately shackle all detainees. The exact extent of this practice is unknown, but recent litigation suggests that it is not uncommon. In fact, such litigation indicates that ICE has indiscriminately shackled detainees even in courtrooms located outside of detention facilities, such as the San Francisco Immigration Court. Consequently, detained noncitizens frequently appear in immigration court looking like criminals, wearing orange jumpsuits, handcuffs, leg irons, and belly chains, even though there has been no individualized determination that they …

Juvenile Transfer To Adult Criminal Court: Why Transfer Is Not The Best Method In Addressing Juvenile Delinquency, Sarah E.S. Kukino

CMC Senior Theses

Reducing juvenile delinquency is an important issue because today’s juvenile population will become the next generation of contributing members to society. Therefore, the juvenile justice system is faced with the challenge of creating effective methods of decreasing delinquency and providing necessary treatment to juvenile offenders. Legislators implemented juvenile transfer to adult criminal court with the intent of increasing punishments in order to deter future juvenile crime and to hold juvenile offenders accountable for their criminal behavior. This paper shows why juvenile transfer is not an effective method in addressing the issues of juvenile delinquency by looking at several studies that …