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2016

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Hard Questions And Innocent Clients: The Normative Framework Of The Three Hardest Questions, And The Plea Bargaining Problem, Alice Woolley Jun 2016

Hard Questions And Innocent Clients: The Normative Framework Of The Three Hardest Questions, And The Plea Bargaining Problem, Alice Woolley

Hofstra Law Review

What makes an ethical question “hard”? Monroe Freedman’s “Professional Responsibility of the Criminal Defense Lawyer: The Three Hardest Questions” assessed hard questions about discrediting truthful witnesses, presenting perjured testimony and providing advice that may prompt the client to lie. It also, however, created a framework for analyzing ethical problems, for knowing when a question is hard, and both what has to be done to answer a hard question and to defend the answer. This paper articulates that framework. It argues that hard questions arise from unresolvable conflicts either between the lawyer’s professional and personal moral obligations, or between different aspects …

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Volume 36, Number 2, June 2016 Olac Newsletter, Marcy Strong, Autumn H. Faulkner, Richard N. Leigh, Jan Mayo, Tj Kao, Jay Weitz, Lisa Romano Jun 2016

Volume 36, Number 2, June 2016 Olac Newsletter, Marcy Strong, Autumn H. Faulkner, Richard N. Leigh, Jan Mayo, Tj Kao, Jay Weitz, Lisa Romano

OLAC Newsletters

Digitized June 2016 issue of the OLAC Newsletter.

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Public Assistance Of Police During Criminal Investigations: Russian Experience, Olga B. Semukhina Jun 2016

Public Assistance Of Police During Criminal Investigations: Russian Experience, Olga B. Semukhina

Social and Cultural Sciences Faculty Research and Publications

This study examines the high levels of public unwillingness to assist police in criminal investigations in Russia. Variables of public trust of police, fear of crime, victimization, and prior contact with police are used to explain this phenomenon. Also included in the study are variables of police fear and avoidance of police. The findings suggest that higher levels of distrust in, as well as fear and avoidance of police are strong predictors of citizens’ unwillingness to assist police in Russia. The paper discusses potential implications of these findings for the 2011 police reform in Russia.

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“How Can You Live Without Your Kids?”: Distancing From And Embracing The Stigma Of “Incarcerated Mother”, Brittnie L. Aiello, Krista Mcqueeney Jun 2016

“How Can You Live Without Your Kids?”: Distancing From And Embracing The Stigma Of “Incarcerated Mother”, Brittnie L. Aiello, Krista Mcqueeney

Criminology Faculty Publications

This article examines how incarcerated mothers constructed moral identities in the face of stigma. Analyzing data from participant observation and 83 in-depth interviews with incarcerated mothers, we show that mothers claimed moral identities by distancing from the stigma of incarceration and/or embracing the identity of incarcerated mothers. Utilizing these strategies, women challenged the stigma of convicted felon/ bad mother and reinforced the assumptions that motherhood is compulsory and should be reserved for women with enough money and standing to give their children advantages. The implications for understanding motherhood as a mechanism of moral identity and social control are discussed.

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Identifying Criminals’ Risk Preferences, Murat C. Mungan, Jonathan Klick Jun 2016

Identifying Criminals’ Risk Preferences, Murat C. Mungan, Jonathan Klick

Faculty Scholarship

There is a 250-year-old presumption in the criminology and law enforcement literature that people are deterred more by increases in the certainty rather than increases in the severity of legal sanctions. We call this presumption the Certainty Aversion Presumption (CAP). Simple criminal decision-making models suggest that criminals must be risk seeking if they behave consistently with CAP. This implication leads to disturbing interpretations, such as criminals being categorically different from law-abiding people, who often display risk-averse behavior while making financial decisions. Moreover, policy discussions that incorrectly rely on criminals’ risk attitudes implied by CAP are ill informed, and may therefore …

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Impact Of Assembly Bill 12 On Emancipated Foster Youth, Amber E. King Jun 2016

Impact Of Assembly Bill 12 On Emancipated Foster Youth, Amber E. King

Electronic Theses, Projects, and Dissertations

Assembly Bill 12 was passed into law for the purpose of preparing foster youth for the transition into adulthood and provided extended support services and transitional support up to the age of 21. This qualitative study focuses on the experiences and outcome of foster youth who are participating in extended care services. Key findings were identified in the areas of education, social and emotional support, and living arrangements. These key findings provide the social workers with a better understanding of the difficulties associated with the complexity involving the transition to young adulthood. The implications of key findings have resulted in …

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Social Workers Perspectives Of The Protective And Risk Factors That Affect Youth In The Juvenile Justice System And Child Welfare System, Guadalupe Citlalli Torres, Victoria Vanesa Mariscal Jun 2016

Social Workers Perspectives Of The Protective And Risk Factors That Affect Youth In The Juvenile Justice System And Child Welfare System, Guadalupe Citlalli Torres, Victoria Vanesa Mariscal

Electronic Theses, Projects, and Dissertations

Youth who have experienced maltreatment and the dysfunction of multiple placements are at risk of engaging in delinquent behaviors. Studies from various professionals found specific risk and protective factors that affect youth from being involved in the juvenile justice system. The current study adds significantly literature by identifying the risk and protective factors that affect foster youth in the child welfare and juvenile justice system based on social workers perspectives. The results indicate almost 93% of the participants agreed that multiple placements, 74% agreed that physical abuse, 61% agreed that group homes, and 67% agreed that sexual abuse serve as …

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Social Work Students’ Prepardness For Grief And Loss Services, Luis Andres Mitchell, Juan Felipe Murillo Jun 2016

Social Work Students’ Prepardness For Grief And Loss Services, Luis Andres Mitchell, Juan Felipe Murillo

Electronic Theses, Projects, and Dissertations

Expectedly and unexpectedly, people pass away. Millions of individuals die in the United States every year. Loss is a natural part of life and some will need grief and loss support. Social workers are in a position to support individuals with grief and loss and end-of-life issues. However, are students ready to provide these services? This study surveyed undergraduate and graduate social work students’ perceived competence in providing grief and loss services. The sample consisted of students in the School of Social Work at California State University, San Bernardino. The study found that respondents in both programs did not feel …

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The Effects Of Gender On Driving Under The Influence Of Alcohol Sentencing Disaprities In Pennsylvania, Dianna Hurst Jun 2016

The Effects Of Gender On Driving Under The Influence Of Alcohol Sentencing Disaprities In Pennsylvania, Dianna Hurst

Electronic Theses, Projects, and Dissertations

Differential sentencing has been a reoccurring issue in the judicial system for decades. Sentencing disparity occurs when similar offenders (similar in offense type, age, gender, ethnicity, and SES) receive different sentences or when different offenders receive the same sentence (Spohn, 2009). Prior studies find a sex effect,where women tend to be treated more leniently than men (e.g., Daly, 1987a). Sentencing discrepancies are evident in crimes that are considered to be gendered. Certain types of crimes are more likely to be committed by females and receive more lenient sanctions than if a male were to commit these types of crimes. These …

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The Rise Of China's Hacking Culture: Defining Chinese Hackers, William Howlett Iv Jun 2016

The Rise Of China's Hacking Culture: Defining Chinese Hackers, William Howlett Iv

Electronic Theses, Projects, and Dissertations

China has been home to some of the most prominent hackers and hacker groups of the global community throughout the last decade. In the last ten years, countless attacks globally have been linked to the People’s Republic of China (PRC) or those operating within the PRC. This exploration attempts to investigate the story, ideology, institutions, actions, and motivations of the Chinese hackers collectively, as sub-groups, and as individuals. I will do this using sources ranging from basic news coverage, interviews with experts and industry veterans, secondary reportage, leaked documents from government and private sources, government white papers, legal codes, blogs …

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Experiences, Challenges, And Resiliency Among Survivors Of Domestic Minor Sex Trafficking, Coleen Deermer Jun 2016

Experiences, Challenges, And Resiliency Among Survivors Of Domestic Minor Sex Trafficking, Coleen Deermer

Electronic Theses, Projects, and Dissertations

This qualitative study sought to explore the personal experiences of those who have been victims of Domestic Minor Sex Trafficking (DMST), the challenges they faced as they transitioned into survivors, and the factors they attributed to their resiliency. DMST victims are among the marginalized populations enduring social injustices within our communities. Social workers seek to serve these individuals, and yet they are just one part of the system of helping professionals that will encounter these victims. The interactions that DMST victims have with each entity of the system makes a difference in the recovery process as they become a survivor. …

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Pennsylvania Stacks The Deck Against Defendants In Commonwealth V. Alicia, Leaving False Confession Assessments To The Jury, Katherine Reamy Jun 2016

Pennsylvania Stacks The Deck Against Defendants In Commonwealth V. Alicia, Leaving False Confession Assessments To The Jury, Katherine Reamy

Villanova Law Review (1956 - )

No abstract provided.

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How To Make The Jailhouse Rock: An Evaluation Of Effective Music Therapy Methods Among Juvenile Offenders, Katelyn Rose Tomasello Jun 2016

How To Make The Jailhouse Rock: An Evaluation Of Effective Music Therapy Methods Among Juvenile Offenders, Katelyn Rose Tomasello

Music

No abstract provided.

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Predicate Offenses, Foreign Convictions, And Trusting Tribal Courts, Alexander S. Birkhold Jun 2016

Predicate Offenses, Foreign Convictions, And Trusting Tribal Courts, Alexander S. Birkhold

Michigan Law Review Online

Concerns about the reliability of criminal justice systems in foreign countries have resulted in uneven treatment of foreign convictions in U.S. courts. Federal courts, however, have historically accepted tribal court convictions as predicate offenses under recidivist statutes. But the Ninth Circuit Court of Appeals recently rejected the uncounseled convictions obtained against Michael Bryant, Jr., a serial domestic abuser, in the Northern Cheyenne Tribal Court. The court dismissed a federal indictment that had been brought against Bryant under 18 U.S.C § 117, which makes it a felony to commit domestic violence against a spouse or partner in Indian country if the …

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The Privileges Or Immunities Clause: A Potential Cure For The Trump Phenomenon, M. Fraizer Jun 2016

The Privileges Or Immunities Clause: A Potential Cure For The Trump Phenomenon, M. Fraizer

Penn State Law Review (2003 - Present)

No abstract provided.

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Table Of Contents, Cleveland State Law Review Jun 2016

Table Of Contents, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

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Standing Up To "Stand Your Ground" Laws: How The Modern Nra-Inspired Self-Defense Statutes Destroy The Principle Of Necessity, Disrupt The Criminal Justice System, And Increase Overall Violence, Daniel Sweeney Jun 2016

Standing Up To "Stand Your Ground" Laws: How The Modern Nra-Inspired Self-Defense Statutes Destroy The Principle Of Necessity, Disrupt The Criminal Justice System, And Increase Overall Violence, Daniel Sweeney

Cleveland State Law Review

A majority of states have enacted "Stand Your Ground" laws. Proponents argue that such laws enhance the important right of self-defense. In application, however, "Stand Your Ground" laws have had a negative impact on society. First, these laws ignore the common-law element of necessity that traditionally provided a check on unreasonable self-defense. Second, the laws create presumptions that remove important discretionary powers from law enforcers, prosecutors, and judges. Third, studies have shown that "Stand Your Ground" laws may actually increase violent crime. The "Stand Your Ground" movement continues to enjoy a great degree of political success due to its formula …

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In Memory Of Monroe Freedman: The Hardest Question For A Prosecutor, Bennett L. Gershman Jun 2016

In Memory Of Monroe Freedman: The Hardest Question For A Prosecutor, Bennett L. Gershman

Hofstra Law Review

I’ve chosen to honor Monroe Freedman’s iconic essay on the hardest questions for a criminal defense attorney by posing the same question for prosecutors. What is the hardest question for a prosecutor? This in itself is a hard question. The thousands of federal, state, and local prosecutors in the country would likely give widely varying responses – discretionary charging, immunity grants, bargained pleas, unreliable witnesses, police testimony, and disclosure duties, for starters. Too, prosecutors are not a generic group. Just as some defense lawyers might recoil or be indifferent to Freedman’s provocative thesis, so might many prosecutors reject or be …

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Monroe Freedman: Prophet Of Biblical Justice, Timothy W. Floyd Jun 2016

Monroe Freedman: Prophet Of Biblical Justice, Timothy W. Floyd

Hofstra Law Review

No abstract provided.

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In Defense Of The Devil's Advocate, Lonnie T. Brown Jr. Jun 2016

In Defense Of The Devil's Advocate, Lonnie T. Brown Jr.

Hofstra Law Review

Among the many controversial positions for which Monroe Freedman advocated during his illustrious career, the one that I find most surprising and uncharacteristic is his contention that lawyers who undertake morally questionable representations have a duty to explain or justify their choice of client. Specifically, in 1993 Professor Freedman penned a well-known column in the Legal Times — titled “Must You Be the Devil’s Advocate?” — in which he took Professor Michael Tigar to task for his representation of reputed Nazi war criminal John Demjanjuk. Professor Freedman tacitly criticized Professor Tigar for his client choice and expressly called upon him …

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Duty Of Outrage: The Defense Lawyer's Obligation To Speak Truth To Power To The Prosecutor And The Court When The Criminal Justice System Is Unjust, Ellen C. Yaroshefsky Jun 2016

Duty Of Outrage: The Defense Lawyer's Obligation To Speak Truth To Power To The Prosecutor And The Court When The Criminal Justice System Is Unjust, Ellen C. Yaroshefsky

Hofstra Law Review

No abstract provided.

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June 1, 2016 Faculty Senate Minutes, University Of South Carolina Jun 2016

June 1, 2016 Faculty Senate Minutes, University Of South Carolina

Faculty Senate

No abstract provided.

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Constitutional Retroactivity In Criminal Procedure, Dov Fox, Alex Stein Jun 2016

Constitutional Retroactivity In Criminal Procedure, Dov Fox, Alex Stein

Washington Law Review

The “watershed” doctrine gives prisoners a constitutional basis to reopen their cases based on a new due process protection that would have made a difference had it been announced before their appeals were exhausted. The Supreme Court has imposed nearly impossible conditions, however, for any new rule of criminal procedure to apply retroactively to a final conviction or sentence. No such rule can be backdated unless it enhances not only the accuracy of criminal verdicts, but also “our very understanding of the bedrock” tenets of fairness in criminal trials. The Court refers to rules that satisfy both these requirements as …

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Lifting The “American Exceptionalism” Curtain: Options And Lessons From Abroad, Earl Johnson Jr. Jun 2016

Lifting The “American Exceptionalism” Curtain: Options And Lessons From Abroad, Earl Johnson Jr.

UC Law Journal

Contrary to its public rhetoric promising “justice for all” and “equal justice under law,” access to civil justice in the United States is “exceptional” only in a negative sense. The Rule of Law Index ranks our nation next to last among the world’s thirty-one “richest” countries. A major reason for this is that most of our fellow industrial democracies have a right to counsel in civil cases and invest from three times to ten times more than the United States on civil legal aid. Beyond these differences, the United States has much to learn from research and other developments in …

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A Comparison Between The American Markets For Medical And Legal Services, Ben Barton Jun 2016

A Comparison Between The American Markets For Medical And Legal Services, Ben Barton

UC Law Journal

America’s access to justice woes are paradoxical. We have more lawyers than every country except India and more lawyers per capita than every country except for Israel. We spend more on law as an absolute amount or as a percentage of GDP than any other country. At the high end, we provide best legal services in the world. And yet we barely provide any legal services to the very poor, and our lawyers cost too much for the working poor or even the middle class. We graduate so many juris doctors that as many as a third fail to find …

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The Injustice Of Justice: Feminist Ethical Reflections On Subjectivity, Bertolino Elisabetta R. Jun 2016

The Injustice Of Justice: Feminist Ethical Reflections On Subjectivity, Bertolino Elisabetta R.

Wagadu: A Journal of Transnational Women's & Gender Studies

Drawing on Adriana Cavarero’s theory of one’s voice, this article pleads for an alternative subjectivity to the independent subject as it is constructed within contemporary legal theory and retributive justice theories. It lays the theoretical foundations for an ontological conception of the self, which is capable of speaking in her own voice, inclined to others and thus for an epistemic, feminist and ethical justice, which is responsive rather than reactive.

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Rescued From The Grave And Then Covered With Mud: Justice Scalia And The Unfinished Restoration Of The Confrontation Right, Richard D. Friedman Jun 2016

Rescued From The Grave And Then Covered With Mud: Justice Scalia And The Unfinished Restoration Of The Confrontation Right, Richard D. Friedman

Articles

Some years before his death, when asked which was his favorite among his opinions, Antonin Scalia named Crawford v. Washington. It was a good choice. Justice Scalia's opinion in Crawford reclaimed the Confrontation Clause of the Sixth Amendment to the Constitution and restored it to its rightful place as one of the central protections of our criminal justice system. He must have found it particularly satisfying that the opinion achieved this result by focusing on the historical meaning of the text, and that it gained the concurrence of all but two members of the Court, from all ideological positions.

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Cover, Cleveland State Law Review Jun 2016

Cover, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

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Examination Of Methamphetamine Reinstatement In Female And Male Rats: A Pre-Clinical Model Of Relapse, Steven T. Pittenger Jun 2016

Examination Of Methamphetamine Reinstatement In Female And Male Rats: A Pre-Clinical Model Of Relapse, Steven T. Pittenger

Department of Psychology: Dissertations, Theses, and Student Research

Methamphetamine (meth) dependence is often characterized by persistent and chronic relapse (i.e., return to drug use). There is growing pre-clinical and human evidence suggesting females are at greater risk to relapse. The set of studies presented in this dissertation extended this limited evidence by identifying sex-dependent neural substrates correlated with meth-triggered reinstatement (Experiment 1) and by examining sex-differences in reinstatement triggered by drugs of abuse that are commonly co-abused with meth (Experiment 2). Female and male rats were trained to self-administer meth, received subsequent extinction sessions, and then tested for reinstatement. In Experiment 1, rats were perfused following reinstatement testing …

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Sexual Misconduct And Sexual Assault Committed Against University Of Alaska Students, Lindsey Blumenstein, Brad A. Myrstol Jun 2016

Sexual Misconduct And Sexual Assault Committed Against University Of Alaska Students, Lindsey Blumenstein, Brad A. Myrstol

AJSAC Fact Sheet

This fact sheet presents past year estimates of sexual misconduct and sexual assault victimization against University of Alaska (UA) students. The estimates are based on 1,982 survey responses to the University of Alaska Campus Climate Survey, an online survey that collected data from a random sample of undergraduate and graduate students who were enrolled at UA during spring semester 2016.

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