Digital Commons Network^™

Who Could It Be Now? Challenging The Reliability Of First Time In-Court Identifications After State V. Henderson And State V. Lawson, Aliza B. Kaplan, Janis C. Puracal

Journal of Criminal Law and Criminology

Despite the recent advances in assessing the reliability of eyewitness identifications, the focus to date has largely been identifications made pretrial. Little has been written about identifications made for the first time in the courtroom. While in-court identifications have an extraordinarily powerful effect on juries, all such identifications are potentially vulnerable to post-event memory distortion and decay. Absent an identification procedure that effectively tests the witness’s memory, it is impossible to know if the witness’s identification of the defendant is a product of his or her original memory or a product of the extraordinarily suggestive circumstances created by the in-court …

Prohibition, Stare Decisis, And The Lagging Ability Of Science To Influence Criminal Procedure, Wesley M. Oliver

Journal of Criminal Law and Criminology

Science has revealed that, contrary to longstanding intuitions, eyewitnesses are sometimes mistaken and false confessions do occur. The methods police use to obtain identifications and confessions can affect their reliability. Yet criminal procedure does not deter investigatory methods that produce unreliable evidence as thoroughly as it does those methods that produce reliable evidence. If an officer conducts an illegal search of a car trunk, the evidence is excluded and subsequently officers know that they must follow the rules if they hope to admit the fruits of such searches. If, however, an officer creates a suggestive lineup—which risks a false conviction—the …

Prosecutors And Victims: Why Wrongful Convictions Matter, Jeanne Bishop, Mark Osler

Journal of Criminal Law and Criminology

Often, discussions of wrongful convictions focus almost entirely on the wrongfully convicted and ignore two important constituencies: prosecutors and crime victims. Both constituencies have unique connections to wrongful convictions and should be recognized as potentially powerful allies for change. Prosecutors are deeply committed to justice and to the outcomes of their cases; they can help identify and correct wrongful convictions and introduce policies to avoid wrongful convictions in the first place. Wrongful convictions matter to crime victims because convicting the wrong person leaves the real perpetrator free to commit more crimes, creates a new, innocent victim, and drains resources that …

Paternal Incarceration And Adolescent Well-Being: Life Course Contingencies And Other Moderators, Raymond R. Swisher, Unique R. Shaw-Smith

Journal of Criminal Law and Criminology

No abstract provided.

The Sound Of Silence: Evidentiary Analyses Of Precustodial Silence In Light Of Salinas V. Texas, Lukas Mansour

Journal of Criminal Law and Criminology

In the recent Supreme Court case Salinas v. Texas, the Court declined to answer whether precustodial silence should be admissible as evidence of a defendant’s guilt. This Comment uses the case as an example from which it argues that courts should take a different approach to precustodial silence. Rather than examining a defendant’s precustodial silence from a constitutional perspective, as many courts, including the Supreme Court, have done, this Comment argues that courts would be better served examining this type of silence from an evidentiary perspective instead.

Missing The Mark: Gun Control Is Not The Cure For What Ails The U.S. Mental Health System, Carolyn Reinach Wolf, Jamie A. Rosen

Journal of Criminal Law and Criminology

No abstract provided.

Some Sources Of Crime Guns In Chicago: Dirty Dealers, Straw Purchasers, And Traffickers, Philip J Cook, Richard J. Harris, Jens Ludwig, Harold A. Pollack

Journal of Criminal Law and Criminology

No abstract provided.

Accentuating The Positive Or Eliminating The Negative? Paternal Incarceration And Caregiver-Child Relationship Quality, Sara Wakefield

Journal of Criminal Law and Criminology

No abstract provided.

The Current And Future State Of Gun Policy In The United States, William J. Vizzard

Journal of Criminal Law and Criminology

No abstract provided.

Overcoming The Challenges To Achieving Justice For Syria, Stephen J. Rapp

Emory International Law Review

In his introduction to the themed issue on peace and conflict resolution in Syria, Stephen J. Rapp draws on his experience as Ambassador-at-Large for the Office of Global Criminal Justice of the U.S. Department of State, Prosecutor for the Special Court for Sierra Leone, and Senior Trial Attorney and Chief of Prosecutions for the International Criminal Tribunal for Rwanda, to address challenges Syrians will face in ending the conflict and achieving justice for the victims of crimes committed on all sides of the conflict. Ambassador Rapp advocates for prosecuting those responsible for the atrocities committed at the national level in …

What Is Punishment? The Case For Considering Public Opinion Under Mendoza-Martinez, David A. Singleton

Seton Hall Law Review

No abstract provided.

Presumed Fair? Voir Dire On The Fundamentals Of Our Criminal Justice System, Vida B. Johnson

Seton Hall Law Review

No abstract provided.

Table Of Contents - Vol. 45, No. 2 2015

Seton Hall Law Review

No abstract provided.

Chiraq: One Person's Metaphor Is Another's Reality, Jacoby Cochran

Dissertations - ALL

ABSTRACT

This Master's thesis explores the deployment and appropriation of the war metaphor as it relates to criminal justice policy in the United States from 1930 forward, paying close attention to the 1980s and 2010s. More specifically, this thesis centers on the city of Chicago to analyze the use of the war metaphor throughout the city's history, from earlier invocations by Mayors to present- day, local appropriations in the form of the metaphor Chiraq, which blends Chicago and Iraq as a statement to the conditions of some of Chicago's most resource deprived neighborhoods. Using Lakoff and Johnson's (1980) Conceptual Metaphor …

Why Un Inspections? Corruption, Accountability, And The Rule Of Law, Stuart S. Yeh

South Carolina Journal of International Law and Business

No abstract provided.

Smedley V. Smedley, 772 F.3d 184 (4th Cir. 2014). The Effect Of International Comity On The Hague Convention, Mary R. Pritchard

South Carolina Journal of International Law and Business

No abstract provided.

Rich Offender, Poor Offender: Why It (Sometimes) Matters In Sentencing, Mirko Bagaric

Minnesota Journal of Law & Inequality

No abstract provided.

Nebraska Coalition Of Juvenile Justice Strength-Based Assessment, Ryan E. Spohn

Reports

The Nebraska Coalition for Juvenile Justice (NCJJ) was established in 1982, as required by the Juvenile Justice and Delinquency Prevention Act and acts as an advisory group to the Nebraska Crime Commission. In 2013, NCJJ submitted a technical assistance request for strategic planning to the State Relations and Assistance Division of the Office of Juvenile Justice and Delinquency Prevention (OJJDP) seeking assistance in the development of an action oriented, strategic plan to guide its future activities. The OJJDP technical assistance meeting occurred on May 30th and 31st, 2013.

One of the recommendations resulting from this technical assistance meeting was that …

Nebraska Center For Justice Reseach: 2015 Annual Report, Ryan E. Spohn, Jared M. Ellison

Reports

The Nebraska Center for Justice Research (NCJR) was established in 2014 with a mission to develop and sustain criminal justice research capacity internal to the State of Nebraska. Our goal is to assist the Legislature, justice agencies, practitioners, foundations, and stakeholders with research and evaluation to reduce recidivism, promote the use of evidence-based practices, and improve public safety. This inaugural annual report summarizes the activities and financial status of NCJR in its first year

Colorado’S Legalization Of Medicinal Marijuana: The Effects On Nebraska’S Law Enforcement And Local Jail System, Jared M. Ellison, Ryan E. Spohn

Reports

With the passage of Amendment 20 in 2000 and Amendment 64 in 2012, Colorado legalized the medicinal and recreational use of marijuana. Subsequently, Nebraskan law enforcement agencies in border counties have reported increases in arrests and jail admissions for marijuana-related offenses. In response, the Nebraska Legislature passed Legislative Resolution 520 to study potential increased costs incurred by criminal justice agencies in border counties.

In order to better understand how Colorado drug policy may have affected counties along the border, we compared trends in marijuana-related criminal justice activity among county agencies following the enactment of both Amendments. Border county arrests, jail …

Adult Justice In Nebraska, Ryan E. Spohn

Reports

The Nebraska Center for Justice Research was established in 2014 with a mission to develop and sustain research capacity internal to the State of Nebraska. Our hope is to assist the Legislature in research, evaluation, and policymaking to reduce recidivism, promote the use of evidence-based practices, and improve public safety. The primary purpose of this report is to provide an overview of recent trends in Nebraska’s adult criminal justice system.

Most of the data in this report is presented statewide as well as separated into Nebraska’s twelve judicial districts. Nebraska’s two most metropolitan counties are represented by District 4 (Douglas …

Annual Report 2015, Nebraska Center For Justice Research, University Of Nebraska At Omaha, Ryan E. Spohn

Reports

The Nebraska Center for Justice Research (NCJR) was established in 2014 with a mission to develop and sustain criminal justice research capacity internal to the State of Nebraska. Our goal is to assist the Legislature, justice agencies, practitioners, foundations, and stakeholders with research and evaluation to reduce recidivism, promote the use of evidence-based practices, and improve public safety. This inaugural annual report summarizes the activities and financial status of NCJR in its first year. From a research standpoint, we are very excited about the reports our Center has produced in its inaugural year. For example, we created a Trends in …

The Completely Kids Liberty Project 2014-2015 Evaluation Results, Nebraska Center For Justice Research, University Of Nebraska At Omaha, Completely Kids, Category One Consulting

Reports

The Completely KIDS (CK) program at Liberty Elementary was evaluated to determine its relationship with youth program outcomes. The data were analyzed and the report was compiled by Category One Consulting. On average students attended Completely KIDS 142 days, which is substantially higher than the previous two years. Students and parents rated the program very highly, both in terms of satisfaction and student outcomes. Students who attended more days of CK attended more days of school compared to students who attended less days of CK. Pre-K through second grade students who attended more days of CK tended to have better …

Justice Assistance Grant Strategic Plan 2016 To 2018, Anne M. Hobbs, Ryan E. Spohn

Reports

n 2015, the University of Nebraska at Omaha (UNO) began working in conjunction with Nebraska Commission on Law Enforcement and Criminal Justice (Nebraska Crime Commission or NCC) to create a 3-year strategic plan for the Edward Byrne Memorial Justice Assistance Grant (JAG) funding. The JAG Program, (42 U.S.C. § 3751(a)) is the primary provider of federal criminal justice funding to state and local jurisdictions, providing critical funding necessary to support a range of program areas. JAG funding is awarded annually and the applicant must show how funds will be used to improve or enhance the criminal justice system.

Nebraska Coalition Of Juvenile Justice Strength-Based Assessment, Ryan E. Spohn

Reports

The Nebraska Coalition for Juvenile Justice (NCJJ) was established in 1982, as required by the Juvenile Justice and Delinquency Prevention Act and acts as an advisory group to the Nebraska Crime Commission. In 2013, NCJJ submitted a technical assistance request for strategic planning to the State Relations and Assistance Division of the Office of Juvenile Justice and Delinquency Prevention (OJJDP) seeking assistance in the development of an action oriented, strategic plan to guide its future activities. The OJJDP technical assistance meeting occurred on May 30th and 31st, 2013. One of the recommendations resulting from this technical assistance meeting was that …

Colorado’S Legalization Of Medicinal Marijuana: The Effects On Nebraska’S Law Enforcement And Local Jail System, Jared Ellison, Ryan E. Spohn

Reports

Purpose: Examine trends in law enforcement and corrections related to the possession and sale of marijuana in Nebraska subsequent to the legalization of medicinal marijuana in Colorado. Comparison groups of counties: We are assuming that the impact of marijuana in Colorado will be most substantial for Nebraska counties bordering Colorado. We assume that the next strongest impact will be for Nebraska counties along the I-80 corridor. The least impact of Colorado’s marijuana laws should be found in our “control counties” which neither border Colorado nor contain I-80.

Rodrigo’S Abstraction: Capitalism Inequality & Reform Over Time And Space, Steven A. Ramirez

Faculty Publications & Other Works

No abstract provided.

Sexual Assault Reports To The Police: A Pilot Investigation Of The Factors That Influence Victimization Reporting And Victim Perceptions Of Police Responses, Hailey A. Powers

Undergraduate Theses, Professional Papers, and Capstone Artifacts

The purpose of this study is to examine issues associated with the reporting of sexual assault victimization to the police and police responses to these reports. The information gathered will be used to inform best practices regarding future responses by the Missoula Police Department (MPD) and other stakeholders. The information will also be used to inform a larger investigation that will take place after the current pilot phase of the project ends. Evidence gathered from the data collected shows that many officers are conducting successful interviews with survivors of sexual assault. A majority of respondents state that detectives made them …

The Overlooked Benefits Of The Blackstone Principle, John Bronsteen

Faculty Publications & Other Works

No abstract provided.

Marijuana Enforcement In Nebraska (2009-2014), Nebraska Center For Justice Research, University Of Nebraska At Omaha

Reports

Purpose Examine trends in law enforcement and corrections related to the possession and sale of marijuana in Nebraska in the first full year of recreational legalization in Colorado. County Group and Statewide Comparison According to the testimony of county and state officials in September 2014, counties along the border, in the panhandle, and along the I-80 corridor should be the hardest hit by increases in marijuana arrests, jail admissions and associated costs. These differences should be especially pronounced when these county groups are compared to the remainder of the counties in Nebraska. In addition, we compare these trends to overall …