Digital Commons Network^™

Collateral Consequences And The Preventive State, Sandra G. Mayson

Scholarly Works

Approximately eight percent of adults in the United States have a felony conviction. The “collateral consequences” of criminal conviction (CCs) — legal disabilities imposed by legislatures on the basis of conviction, but not as part of the sentence — have relegated that group to permanent second class legal status. Despite the breadth and significance of this demotion, the Constitution has provided no check; courts have almost uniformly rejected constitutional challenges to CCs. Among scholars, practitioners and mainstream media, a consensus has emerged that the courts have erred by failing to recognize CCs as a form of additional punishment. Courts should …

Examining The Relationships Among Vicarious Trauma, Health Behaviors, And Maladaptive Coping, Stephanie Louise Waitt

Walden Dissertations and Doctoral Studies

Vicarious trauma can impact anyone working with a traumatized person. The constructivist self-development theory asserts that vicarious trauma can negatively distort how the helper thinks about the world and can cause increased stress. Researchers have explored stress and coping models and have studied how increased stress can negatively impact coping and health behaviors. However, researchers have not explored how vicarious trauma, coping, and health behaviors are related. The purpose of this correlational study was to examine the relationships among vicarious trauma, health behaviors (healthy eating, physical activity, cigarette smoking, and risky drinking), and maladaptive coping. The study sample consisted of …

Youth Assault-Injury Variation Patterns And Their Dimensional Structure, Diana Faissal Wilkerson

Walden Dissertations and Doctoral Studies

Youth assault-injury is 1 of the 5 leading causes of adolescents' death in the United States. Despite public health efforts, the prevalence rates of youth assault-injury and almost all its risk factors have remained consistent in the past 10 years. The purpose in conducting this cross-sectional quantitative study using archival data of the Add Health Wave II in-home survey was to examine the underlying-multidimensional structure of youth assault-injury. Problem behavior theory (PBT) lens and a multidimensional model were used and a structural equation model was conducted to examine the relationships between 22 risk and protection variables, 3 unobserved latent factors, …

Boys, You Should All Be In Hollywood: Perspectives On The Mr. Big Investigative Technique

UBC Law Review

No abstract provided.

Front Matter

SMU Science and Technology Law Review

No abstract provided.

Front Matter

SMU Science and Technology Law Review

No abstract provided.

Front Matter

SMU Science and Technology Law Review

No abstract provided.

Confronting Big Data: Applying The Confrontation Clause To Government Big Data Collection, Chad Squitieri

Scholarly Articles

When government investigators request data from companies such as Google, they obtain data on targeted individuals with a guarantee that the data has been collected, stored, and analyzed properly. These guarantees constitute a testimonial statement under the Confrontation Clause. Similar to lab analysts who submit test results of cocaine samples or blood alcohol levels, this Note argues that analysts involved with the collection, storage, and analysis of big data must be available for confrontation under the Sixth Amendment.

Detention Center To Home School: The Path Of Transition, Sarah Hogeveen

Dissertations

This study examined the way a juvenile detention center and local feeder high schools worked in conjunction with each other to educate students that are incarcerated and then transition back to their home school. The goal of this study was to determine the adequacy of the transition/re-entry plan and then develop a template to assist high schools in the transition process. The transition/re-entry process into the home high school can be difficult and often involves several agencies. The evidence has suggested that there is not a solid transition plan available or in place for this process. This evidence allowed for …

Sexual Assault And Academic Achievement: Creating More Ideal College Campuses For Sexual Assault Survivors By Taking Into Account Intersectionality And Multiracial Feminism, Kelly Pinter

Dissertations

In this dissertation, the reader will learn about 28 sexual assault survivors' perceptions about educational and criminal justice responses to them after a sexual assault and how these sexual assault survivors perceived how race and ethnicity, income, and gender affect cases differently. Additionally, I explore sexual assault policies that survivors think are working, and those they feel need improvement. I also assess in depth recommendations concerning what education administrators, staff, and advocates can do to assist sexual assault survivors.

Mandated Reporting: An Examination Of Training And Practice Of School Psychologists, Katie Nicole Bradshaw Sears

Dissertations

This study sought to explore the training opportunities, knowledge, confidence in intervening, reporting behaviors, and types of supervision received and given in the areas of child maltreatment and mandated reporting by practicing school psychologists. Little is known about school psychologists' knowledge of child maltreatment and specific mandates about reporting suspicions of abuse or how to appropriately respond to disclosures of abuse (Arbolino et al., 2008). Given school psychologists' unique role in schools working directly with children, it is not uncommon for school psychologists to either suspect maltreatment is occurring or to hear a disclosure of maltreatment directly from a student. …

A City And Countywide Summit To Advance Healthy Homes & Healthy Communities In Chicago And Cook County, Illinois, Center For The Human Rights Of Children At Loyola University Chicago

Center for the Human Rights of Children

The home serves many purposes besides a place of residency. The home is where we begin and finish our day, where families and their children live, play, and grow for years, and where people have a sense of comfort and safety. Unfortunately, the home is a place where many known and unknown environmental toxins cause health hazards that affect residents on a daily basis. Indoor environmental hazards in the home harm millions of children and families each year. Scientists have long recognized that indoor toxic hazards can pose far greater risks to children’s health than outdoor exposures because of the …

Rules Of Professional Responsibility In Digital Forensics: A Comparative Analysis, Filipo Sharevski

Journal of Digital Forensics, Security and Law

The consolidation of the rules of professional responsibility as recommended by the Committee on Identifying the Needs of Forensic Sciences Community (2009) accents the establishment of an uniform code of ethics emphasizing the importance of enforceability in strengthening the role the forensic science plays within the criminal justice system. Equally pertinent for the domain of digital forensics, this imperative entails a research commitment in comparing and contrasting the respective codes of ethics to illustrate their “variety, specificity and enforceability” in order to inform the discussion on the regulative aspects of the digital forensic discipline. Accordingly, this paper reviews the professional …

Cyber Black Box/Event Data Recorder: Legal And Ethical Perspectives And Challenges With Digital Forensics, Michael Losavio, Pavel Pastukov, Svetlana Polyakova

Journal of Digital Forensics, Security and Law

With ubiquitous computing and the growth of the Internet of Things, there is vast expansion in the deployment and use of event data recording systems in a variety of environments. From the ships’ logs of antiquity through the evolution of personal devices for recording personal and environmental activities, these devices offer rich forensic and evidentiary opportunities that smash against rights of privacy and personality. The technical configurations of these devices provide for greater scope of sensing, interconnection options for local, near, and cloud storage of data, and the possibility of powerful analytics. This creates the unique situation of near-total data …

Being A Judge In The Modern World, Lady Justice Hallett Lady Justice Hallett

The Plymouth Law and Criminal Justice Review

No abstract provided.

The Common Agricultural Policy: An Adequate Means Of Supporting Biodiversity And Ecosystem Services Within The European Union?, Annie Martyn

The Plymouth Law and Criminal Justice Review

This research presents a critical analysis of the 2013 Common Agricultural Policy (CAP) reforms and their ability to support the European Union in reaching its target of halting biodiversity loss by 2020 and to preserve and restore ecosystem services. In light of the link between agriculture and its negative effects on the environment, the role of the CAP will be examined. In particular, this paper will focus on the tension between the ambition set out in the Policy to provide sufficient economic support to farmers and the EU-wide focus to prevent further environmental damage caused by agriculture, and whether, in …

Jus Cogens: The History, Challenges And Hope Of 'A Giant On Stilts', Stefano Congui

The Plymouth Law and Criminal Justice Review

This article broadly engages with international law and human rights protection. Its focus is on jus cogens, but it also considers universal jurisdiction and erga omnes. In its examination of jus cogens, this article analyses its history, trajectory and philosophical underpinnings.

From Civil War To Ebola: Justice And Legal Education In Sierra Leone, Hugo Derijke

The Plymouth Law and Criminal Justice Review

No abstract provided.

Europeanization, Environmental Policy And The Uk, Analyzing Perspectives Of Offshore Wind Farms And Planning Procedures, Samantha Loveridge

The Plymouth Law and Criminal Justice Review

Sustainable development is an important principle for improving human life and ensuring the wellbeing of the planet. It posits a desirable future for human societies in which living conditions and resource-use meet human needs, without undermining the sustainability of natural systems and the environment, so that future generations may also have their needs met. It ties together concerns for the capacity of natural systems and challenges faced by humanity which concentrates on a balance between social, economic and environmental variables in relation to current and future existence. To accomplish a successful balance of these variables a transition is required which …

The Only Game In Town' - But Is It A Legal One? American Drone Strikes And International Law, James Kirton

The Plymouth Law and Criminal Justice Review

In 2002 a US Predator drone operating above Afghanistan's Paktia province spotted three men in Zhawar Kili, a complex slightly north of the infamous Tora Bora cave system, an area used by al-Qaeda leadership to train and regroup. One of the men was tall; supposedly the others were acting reverently towards him. Convinced the tall man was Osama bin Laden a Hellfire missile was fired from the Predator, killing all three men instantly. The tall man was not bin Laden. None of the men were even affiliated with al-Qaeda or the Taliban; they were simply civilians in the wrong place …

Life After Death, Louis Blom-Cooper Sir

The Plymouth Law and Criminal Justice Review

No abstract provided.

Does The Mental Capacity Act 2005 Adequately Protect Persons With Learning Difficulties Against Needless Non-Consensual Sterilisation?, Jordane Watson

The Plymouth Law and Criminal Justice Review

Non-consensual contraceptive sterilisation of people with learning difficulties is inherently controversial. As such any legal framework that provides for such a procedure needs to rigorously scrutinised in terms of its adequacy to protect vulnerable people. This article aims to 'determine whether the post-MCA judicial approach adequately protects adults with learning difficulties against needless nonconsensual contraceptive sterilisation'. This will be achieved by assessing how the MCA has changed the judicial approach to non-consensual contraceptive sterilisation since the common law approach. Further comparisons will also be made between sterilisation and vasectomies. The capacity section will determine whether the judiciary are approaching the …

Editorial, Kim Stevenson, Lesley Simmonds, Jason Lowther

The Plymouth Law and Criminal Justice Review

No abstract provided.

High Times: An Ethnography Of Young Adult Drug Use, Ben Coombe

The Plymouth Law and Criminal Justice Review

This research explores the phenomenon of 'legal highs' or Novel Psychoactive Substances (NPS), directing substantial focus towards the exploration of user attraction. Whilst legal high research is expanding, the topic of legal highs still remains a relatively under-researched topic. In particular, research concerning the user is in short supply, as policy makers remain detached from the importance of understanding the attraction for users (Winstock and Ramsey, 2010). Therefore, this paper attempts to capitalise in the expansion of this knowledge and discover what reasons users attribute for the use of these psychoactive substances. A comprehensive review of the current literature has …

Esrc Festival Of Social Science: Challenging Perceptions Of Law And Criminal Justice, Patricia Gray, Kim Stevenson

The Plymouth Law and Criminal Justice Review

No abstract provided.

Front-Line Facilitators: A Study Into The Conceptualisation And Implementation Of Restorative Justice By Ground-Level Police Officers, Michael Ives

The Plymouth Law and Criminal Justice Review

Despite a great deal of academic debate surrounding the term 'restorative justice', it would appear fair to suggest that the majority of the research in this area focuses upon the three main stakeholders involved within the process, namely the victim, the offender and the community, victim-offender mediation, and the benefits of such an approach. Nonetheless, not only can this can be seen to neglect a number of restorative justice processes, but also to underestimate the role of the facilitator. Considering how restorative justice has been increasingly embraced by criminal justice agencies in the past 30 years, this study sets out …

The Historical Background Of The Relationship Between Foreign Nationals And Crime: A Case Study Of Irish Criminality In The Uk, Khamael Al-Faris

The Plymouth Law and Criminal Justice Review

Historically, immigrants from different parts of the world were welcomed to Britain and at times even seduced into coming to live and work here. However, when their population increased, or other issues of the time were connected to their presence in the country, political and public concerns began to emerge in relation to demographics, health, the economy and crime.2 This paper will explore the temporal aspects of connecting foreign nationals to different non-immigration criminal offences by tracking the historical role of immigration policy and political debates in immigrant criminality in order to understand the background to this issue, which has …

Liberty And Security In The Age Of Terrorism: Negotiating A New Social Contract, Ifeolu Tokimi

The Plymouth Law and Criminal Justice Review

The prevalent rise in terrorism related attacks and the susceptibility of the State to such attacks has, in an effort to counter future threats and neuter the ability of terrorists, brought to the fore the tensions between liberty and security. Ironic as it might seem the values that made western democracies the shining examples of free and rules governed societies are the same values that provide fertile ground for planning and executing horrific acts of terror. Taking a historical look at the concepts of security and liberty, this paper aims to understand if these ideals can still co-exist in a …

The Illustrious House Of Hanover, Ann Lyon

The Plymouth Law and Criminal Justice Review

The Hanoverian kings have attracted none of the affection the popular imagination accords to the Tudors and Stuarts, still less the romanticism. They are dismissed as a boorish bunch of Germans, with the possible exception of George III, who went mad and lost America, and perhaps George IV, who left the Brighton Pavilion as a monument to extravagance and had a decidedly colourful matrimonial history. When a reporter described the Queen as a 'scowly, jowlly Hanoverian', he was not being complimentary, and even Diana Princess of Wales once attributed many of her problems to marrying into a 'German' family. The …

Using The Dna Testing Of Arrestees To Reevaluate Fourth Amendment Doctrine, Steven P. Grossman

All Faculty Scholarship

With the advent of DNA testing, numerous issues have arisen with regard to obtaining and using evidence developed from such testing. As courts have come to regard DNA testing as a reliable method for linking some people to crimes and for exonerating others, these issues are especially significant. The federal government and most states have enacted statutes that permit or direct the testing of those convicted of at least certain crimes. Courts have almost universally approved such testing, rejecting arguments that obtaining and using such evidence violates the Fourth Amendment.

More recently governments have enacted laws permitting or directing the …