Digital Commons Network^™

Finding The Middle Ground On A Slippery Slope: Balancing Autonomy And Protection In Mandatory Reporting Of Elder Abuse, Benjamin Pomerance

Marquette Benefits and Social Welfare Law Review

Millions of older Americans suffer from physical, mental, emotional, or financial abuse. Frequently, their abusers are family members, close friends, or other individuals who occupy positions of trust in their elderly victims’ lives. Unfortunately, due to a variety of factors, elder abuse is a tragically underreported crime. Experts estimate that for every case of elder abuse revealed to law enforcement authorities, five more cases go unreported, allowing the abuse to continue unchecked.

To combat this secrecy surrounding elder abuse, federal and state lawmakers enacted statutes requiring certain people— or, in some jurisdictions, all people—to report instances of suspected elder abuse …

Creating A "Building A Disability Rights Information Center For Asia And The Pacific Clinic": Pedagogy And Social Justice, Michael L. Perlin, Catherine Barreda, Katherine Davies, Mehgan Gallagher, Nicole Israel, Stephanie Mendelsohn

Marquette Benefits and Social Welfare Law Review

This article describes the work done by the lead author and his students in the creation of the Disability Rights Information Center for Asia and the Pacific (DRICAP), as part of the work the lead author has been doing with colleagues (especially Yoshikazu Ikehara, Esq., director of the Tokyo Advocacy Law Office) for several years to create a Disability Rights Tribunal for Asia and the Pacific (DRTAP). DRICAP’s centerpiece is the creation of a website collecting statutes, regulations, scholarly articles, advocacy news, and case law from selected Asian and Pacific nations. This work was done through a clinic created by …

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 Aba Guidelines: A Historical Perspective, Russell Stetler, Aurélie Tabuteau

Hofstra Law Review

This paper explains how the standards of practice in the development of mitigating evidence -- a core component of capital defense practice -- evolved from the reinstatement of the U.S. death penalty in the 1970s to the publication of the original edition of the ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases in 1989.

Trading In The Keys To The Cell For The Keys To Success: Rehabilitating Violent Youthful Offenders In New York State, Ashley N. Guarino

Hofstra Law Review

The article discusses several aspects of the efforts to rehabilitate violent youthful offenders in the state of New York as of 2015, and it mentions proposed legislation which would reform New York's juvenile justice system by removing sixteen- and seventeen-year-old non-violent offenders from the state's adult criminal courts and placing them in rehabilitative Adolescent Diversion Parts. Public safety and New York's Family Court Act are examined, as well as the state's criminal laws.

Believe It Or Not: Mitigating The Negative Effects Personal Belief And Bias Have On The Criminal Justice System, Sarah Anne Mourer

Hofstra Law Review

The article discusses the efforts to mitigate what the author refers to as the negative effects that personal belief and bias have on America's criminal justice system as of 2015, and it mentions justice, fairness, and the pre-trial beliefs that prosecutors and defense attorneys have regarding an accused person's guilt or innocence. Probable cause and wrongful convictions are examined, along with the goal of revealing the truth in a judicial proceeding. U.S. legal ethics are also assessed.

Stop Blaming The Prosecutors: The Real Causes Of Wrongful Convictions And Rightful Exonerations, Charles E. Maclean, James Berles, Adam Lamparello

Hofstra Law Review

Wrongfully convicted and rightfully exonerated criminal defendants spent, on average, ten years in prison before exoneration, and the ramifications to the defendants, the criminal justice system, and society are immeasurable. Prosecutorial misconduct, however, is not the primary cause of wrongful convictions. To begin with, although more than twenty million new adult criminal cases are opened in state and federal courts each year throughout the United States, there have been only 1,281 total exonerations over the last twenty-five years. In only six percentof those cases was prosecutorial misconduct the predominant factor resulting in those wrongful convictions. Of course, although prosecutorial misconduct …

Predictors Of Police Reporting Among Hispanic Immigrant Victims Of Violence, Dane Hautala, Kirk Dombrowski, Anthony Marcus

Department of Sociology: Faculty Publications

The purpose of this study was to examine predictors of police reporting among Hispanic immigrant victims of violence. A sample of 127 Hispanic immigrants was generated through a chain-referral procedure in the city of Hempstead, New York. Participants were asked about their most recent victimization experiences, and detailed information was collected on up to three incidents. The analyses were based on a total of 214 separate victimization incidents, one third of which were reported to the police. Logistic regression analyses indicated that serious injury, multiple-victim incidents, and perceptions of discrimination increase the odds of a police report. Moreover, incidents involving …

The Influence Of High School Activity Portfolios On Risky Behaviors In Emerging Adulthood, Lisa A. Kort-Butler, David D. Martin

Department of Sociology: Faculty Publications

Extracurricular participation in adolescence is often linked to the development of a prosocial identity and social relationships. Through these social psychological mechanisms, participation is thought to prevent risky behavior in adolescence and into emerging adulthood. This study examined the relationship between high school activity portfolios and risky behaviors (i.e. binge drinking, drug use, and law violation) among a college sample. Five activity portfolios were identified, including sports-focused, low involvement, highly engaged, and two combination portfolios. There were significant differences between portfolios on social psychological measures (e.g. prosocial beliefs and social responsibility), current extracurricular involvement, and risky behaviors. Regression models indicated …

The Impact Of Ethnicity, Immigration Status, And Socioeconomic Status On Juror Decision Making, Russ K.E. Espinoza, Cynthia Willis-Esqueda, Suzette Toascano, Jennifer Coons

Department of Psychology: Faculty Publications

The purpose of this research was to examine how ethnicity, immigration status, and socioeconomic status (SES) may contribute to juror bias. A total of 320 Euro-American venire persons were as- signed to 1 of 8 criminal court trial transcript conditions that varied defendant ethnicity (Mexican or Canadian), immigrant status (undocumented or documented), and SES (low or high). Dependent measures were verdict, sentencing, culpability, and trait attributions. Results indicated that the low-SES undocumented Mexican defendant was found guilty more often, given a more severe sentence, thought to be more culpable, and rated lower on a number of trait measures compared with …

Florida Southwestern State College General Catalog 2014-2015, Florida Southwestern State College

FSW Course Catalogs

Florida SouthWestern State College General Catalog Volume Fifty Three. 2014-2015. Scanned by Internet Archive.

Unwrapping The Box The Supreme Court Justices Have Gotten Themselves Into: Internal Confrontations Over Confronting The Confrontation Clause, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

Williams v. Illinois, handed down in 2012, is the latest in a new and revolutionary line of U.S. Supreme Court cases beginning with the 2004 decision of Crawford v. Washington which radically altered the Court's former approach to the Constitutional Confrontation Clause. That clause generally requires persons who make written or oral statements outside the trial, that may constitute evidence against a criminal defendant, to take the witness stand for cross-examination rather than those statements being presented at the trial only by the writing or by another person who heard the statement.

Previous to Crawford, under Ohio v. …

Commencement Program (June 2015), Csusb

CSUSB Commencement Programs

No abstract provided.

The Politics Of Narrative: Law And The Representation Of Mexican Criminality, Deborah Weissman

Fordham International Law Journal

No abstract provided.

New Perspectives On European Women’S Legal History, Sara L. Kimble, Marion Rowekamp

School of Continuing and Professional Studies Faculty and Staff Works

No abstract provided.

Abstract Uneducated Injustice: A Social Cognitive Approach To Understanding Juror Misconduct And Verdict Errors, Melinee Melissa Marie Calhoun

Walden Dissertations and Doctoral Studies

A continual problem in the adjudication of crime in the United States is the continued occurrence of erroneous convictions and acquittals. This problem impacts the victims of crimes as they endure emotional and mental distress of additional investigations and new trials. Defendants are impacted by errors in verdicts because of the loss of freedom while being factually innocent. These errors may occur because jurors may not be knowledgeable of their role, right and responsibilities. Without regard to the judge's minimum instruction, the jury is not provided direction on the purpose and limitations of their roles. Guided by the social cognitive …

Engaging The Men Of Bethel Seventh-Day Adventist Church In Building Authentic Relationship With Other African American Men, Ronald Dave Williams Jr.

Doctor of Ministry Projects

Problem

According to the Pew Study (2009), the majority of African Americans are Protestants (78%) as compared to 51% of the United States population as a whole. However, African American men (16%) are more likely than African American women (9%) to be unaffiliated with any religion. The Pew Study also noted that nearly one-in-five African Americans under age 30 (19%) are unaffiliated with any religion. Pastoral observation further reveals a disproportionate number of women attending regular church services compared to men at Bethel Seventh-day Adventist Church. This is a historical problem not only with the Bethel Church, but also in …

After The Hurricane: The Legacy Of The Rubin Carter Case, Judith L. Ritter

UC Law Journal of Race and Economic Justice

Rubin "Hurricane" Carter died in the spring of 2014 at the age of seventy-six. He was a top middleweight boxing contender in the early 1960s, twice convicted of a triple homicide, but then freed by a federal court in 1985 after he served nineteen years in prison. This Article recalls his life, the homicide trials, and the constitutional issues that led to his release. The Article makes the point that had Rubin Carter's federal habeas corpus petition been adjudicated under current law, he would have remained behind bars. Congress enacted the Antiterrorism and Effective Death Penalty Act in 1996. The …

Effectively Implementing Civilian Oversight Boards To Ensure Police Accountability And Strengthen Police-Community Relations, Kevin King

UC Law Journal of Race and Economic Justice

The recent killings of Michael Brown and Eric Garner have reignited the debate over curbing police misconduct. Due to United States Supreme Court jurisprudence and the quality of internal affairs investigations there continues to be a void in police oversight. Local governments are often reactive, instead of proactive, when implementing strategies for overseeing police misconduct. On several occasions civilian oversight boards have only formed in reaction to tragic death. When implemented effectively, civilian oversight boards can both help create just police practices and better the civilian complaint process. Unfortunately, some of these boards fail to develop into more than symbols …

How Police Brutality Harms Mothers: Linking Police Violence To The Reproductive Justice Movement, Arneta Rogers

UC Law Journal of Race and Economic Justice

The recent and highly publicized killing of Michael Brown, an unarmed 18-year-old African American and the subsequent grand jury decision not to indict Darren Wilson, the Ferguson, Missouri police officer who killed him, evoked mass social protest, and highly emotional and politically charged social commentary on the racialized effects of police brutality. While the crisis of systemic police violence has historically centered on the harm inflicted on victims of police brutality and, more generally, on the communities where they are from, an agitated group of feminist scholars and reproductive justice advocates have offered a more nuanced appraisal of the harm …

Exonerated, But Not Free: The Prolonged Struggle For A Second Chance At A Stolen Life, Newton N. Knowles

UC Law Journal of Race and Economic Justice

It is impossible to imagine being accused of a crime you did not commit. Worse, it is even harder to imagine a jury sentencing you to death or to life in prison when you know you are innocent. Since the rise of DNA evidence, the criminal justice system has been stunned by the newly exposed cases of wrongful conviction. Sadly, in most cases innocent exonerees are released with nothing more than an apology, if even that. Postexoneration compensation varies drastically among the several states and reentry resources are even more scarce or unavailable. Each compensation scheme on its own, however, …

Post Secondary Education Needs Common Sense, Aldemaro Romero Jr.

Publications and Research

No abstract provided.

Positive News For Lgbt People In Science Fields, Aldemaro Romero Jr.

Publications and Research

No abstract provided.

Marketing Finding Aids On Social Media: What Worked And What Didn’T Work, Felicia Williamson, Scott Vieira, James Williamson

Central University Libraries Research

Sam Houston State University’s Special Collections (SHSU) needed a way to expose finding aids to more users. Using social media to promote online awareness, while simultaneously improving search engine result rankings for the finding aids, seemed like a potential solution to this problem. With this goal in mind, SHSU researchers selected ten social media sites to test the assumption that posting information about finding aids to social media would be an effective marketing strategy. Following three months of posting information about finding aids while tracking user traffic to finding aids from social media sites, the research findings indicate that a …

The Emperor’S New Clothes: Intellectual Dishonesty And The Unconstitutionality Of Plea Bargaining, Robert Schehr

Texas A&M Law Review

United States Supreme Court and jurisprudential rationalizations for the constitutionality, centrality, and finality of plea-bargaining signify intellectual dishonesty, ignorance of human behavior and decision-making, and a statesanctioned threat to personhood and liberty in the United States of America. It is the Author’s purpose to expose the imperious practice of plea-bargaining for what it is—a cynical and intellectually dishonest institutional remedy for an unwieldy judicial system that has knowingly rationalized the practice to facilitate expedient resolution of ever-increasing caseloads. In order to establish plea practice as constitutional, the Supreme Court was forced to employ a jurisprudential discourse that shifted from the …

The First Amendment Right To Record Images Of Police In Public Places: The Unreasonable Slipperiness Of Reasonableness & Possible Paths Forward, Clay Calvert

Texas A&M Law Review

Analyzing federal cases through May 2015, this Article examines the current, contested terrain of the emerging, yet qualified, First Amendment right to record police performing duties in public venues. The Article argues that multiple First Amendment interests, ranging from the watchdog role of the press to discovery of truth under the marketplace of ideas theory, mandate that the reasonable-restrictions standard, which is now deployed by most courts to decide if this nascent right may permissibly be abridged, be jettisoned in favor of a more rigorous, speech-friendly approach. Specifically, the Article advocates a form of judicial review akin to strict scrutiny. …

Table Of Contents

Texas A&M Law Review

Table of Contents

Contemporary Perspectives On Wrongful Conviction: An Introduction To The 2015 Innocence Network Conference, Orlando, Florida, Robert Schehr, Aliza B. Kaplan, Valena Beety

Texas A&M Law Review

The Innocence Network is “an affiliation of organizations from all over the world dedicated to providing pro bono legal and investigative services to individuals seeking to prove innocence of crimes for which they have been convicted, and working to redress the causes of wrongful convictions.” Beginning in 1999 and 2000 in Chicago, Illinois, a small group of interested legal and social science scholars and clinic directors met at the Northwestern University School of Law to discuss ways to investigate and litigate claims of actual innocence. The first recognized National Innocence Conference took place at the California Western School of Law …

Reinventing The Trial: The Innocence Revolution And Proposals To Modify The American Criminal Trial, Marvin Zalman, Ralph Grunewald

Texas A&M Law Review

Law review articles by D. Michael Risinger, Tim Bakken, Keith Findley, Samuel Gross, and Christopher Slobogin have proposed modifications to pretrial and trial procedures designed to reduce wrongful convictions. Some fit within the adversary model and others have “inquisitorial” features. We compare and evaluate the recommendations from the perspectives of lawyer-scholars trained in the United States and Germany. We examine the proposals for their novelty, feasibility, complexity, likely impact, and possible negative or positive side effects. This Article describes, compares, and critically analyzes the articles; suggests additional truth-enhancing procedural reforms; and provides a platform for further analysis.

Threaten Sentencing Enhancement, Coerce Plea, (Wash, Rinse,) Repeat: A Cause Of Wrongful Conviction By Guilty Plea, Wes Reber Porter

Texas A&M Law Review

Our American criminal justice system is too often described as broken. It was not a clean break in a single, isolated location. Instead, our criminal justice system suffers from many, many little nicks, bumps, and bruises at the hands of its keepers. The evolution of sentencing enhancements within our criminal justice system represents the latest nagging, reoccurring injury. In the ultimate Trojan horse to criminal defendants, the Supreme Court sought to protect the individual rights of the accused with its recent decisions on sentencing enhancements. But at the hands of lawmakers, the judiciary, and prosecutors, criminal defendants suffer more. Our …