Digital Commons Network^™

Towards Structured Sentencing In Kenya: A Case For Reform, Sarah Muringa Kinyanjui, Migai Akech

African Journal of Criminology and Justice Studies

This article engages in an empirical review of sentencing in Kenya. It argues that huge disparities exist in sentencing thus undermining public confidence and the realization of the goals of the system. The development of comprehensive sentencing guidelines is recommended as a panacea to the unwarranted discrepancies in sentencing. It is argued that sentencing guidelines are not intended to impede judicial discretion but rather to provide a framework within which the discretion would be exercised.

Anti-Suicide Laws In Nine African Countries: Criminalization, Prosecution And Penalization, Mensah Adinkrah

African Journal of Criminology and Justice Studies

Although several countries and jurisdictions across the globe have repealed their legal statutes criminalizing suicide attempts (or nonfatal suicidal behavior), suicide attempt remains a crime in several African countries. In these countries, a suicide attempt puts the suicide attempt survivor at risk for criminal apprehension, prosecution and penalization. The current article provides an overview of anti-suicide laws in nine selected African countries. In addition, it presents the results of a brief survey of the popular electronic and print media conducted to discover evidence of legal prosecution and penalization of suicide attempt survivors in the selected countries. The data show that …

Arbitrators' Neutrality In The United Kingdom And The United States, Susanna Chehata

Arbitration Law Review (2009 - Present)

No abstract provided.

Sheriff's Deputies' Perceptions Of The Implementation Of Video Visitation Programming In A Jail Setting: An Exploratory Study, Caitlyn O'Very

Boise State University Theses and Dissertations

This study sought to understand how sheriff’s deputies at the Ada County Sheriff’s Office perceived the implementation of a remote video visitation program at the Ada County Jail, as well as what the deputies believed to be the strengths and weaknesses of the system in terms of how it affects their daily job, and inmates and their families. Anecdotal evidence suggests that video visitation can positively impact the work of sheriff’s deputies by decreasing the amount of time they spend processing visitors into the facility and moving inmates around the facility. An exploratory secondary data analysis was conducted by reviewing …

Why Law Matters, Kellye Y. Testy

Journal of Legal Education

No abstract provided.

Judicial Differences In Protective Orders Issuance Rates: An Examination Of Courtroom Actors, Case Aspects, And Individual Characteristics, Elena Alexandra Bejinariu

UNLV Theses, Dissertations, Professional Papers, and Capstones

Using a mixed methods approach, this study examines whether: (1) courtroom actors (i.e., presence of legal counsel, translator, victim advocate, or informal support person; and presiding judge), (2) case aspects (i.e., abuse mentioned, type of abuse mentioned; weapon mentioned; children mentioned; and session time), and (3) individual characteristics (i.e., presence of applicant and/or adverse party; and race and gender of applicant and adverse party) influence an applicant’s likelihood of being granted a civil protective order and the length of time it is granted for. Several types of analytic methods were conducted (i.e., bivariate analyses, logistic regression analyses, and sets of …

Symposium Transcript: Justice In The Deep South: Learning From History, Charting Our Future

Mercer Law Review

No abstract provided.

How The Narrative About Louisiana's Non-Unanimous Criminal Jury System Became A Person Of Interest In The Case Against Justice In The Deep South, Angela A. Allen-Bell

Mercer Law Review

Stories are central to what lawyers do; yet, to the average member of the legal community, they exist only inconspicuously. In actuality, all cases start with a story. As lawyers do their work, that initial story grows and evolves. When judges enter the picture, the story is revised and, ultimately, the final chapter is written; then, the process begins again with an entirely different cast of characters. This Article advocates against impersonal, mechanized systems of justice that are built upon defendants, dockets, cases, quotas, formulas, and rapidity. This Article calls for the justice community to see cases in a highly …

Where Healthcare And Policing Converge: How Georgia Law Promotes Evasion Of Financial Responsibility For Indigent Arrestees' And Municipal Inmates' Medical Care, L. Taylor Hamrick

Mercer Law Review

When a law enforcement officer arrests an injured or visibly sick person, the officer typically transports the arrestee directly to a hospital for treatment prior to formal booking in a jail or detention facility. Indeed, convicted inmates, pretrial detainees, and arrestees have a constitutional right to receive necessary medical care while in police custody. However, the United States Supreme Court has distinguished a government's constitutional obligation to provide necessary medical care from a duty to pay for such care.' Instead, the Supreme Court has held that a governmental entity must pay for medical treatment of a person in its custody …

Session One: Learning From Souther History And Culture

Mercer Law Review

No abstract provided.

Session Two: Learning From Struggles

Mercer Law Review

No abstract provided.

Letter From The Editor, Katherine R. Schroth

Richmond Public Interest Law Review

Letter from the Editor for the Richmond Journal of Law and the Public Interest 2015 Symposium Issue

2015 Symposium: Wrongful Convictions: Science, Experience & The Law Keynote Panel Discussion, Mary Kelly Tate, Shawn Armbrust, Michael N. Herring, Douglas A. Ramseur

Richmond Public Interest Law Review

2015 Symposium: Wrongful Convictions: Science, Experience & the Law Keynote Panel Discussion

A Call For Justice: Virginia's Need For Criminal Discovery Reform, Douglas A. Ramseur

Richmond Public Interest Law Review

In order for the promise of a strong and reliable criminal justice system to work properly in Virginia, there must be strong and prepared advocates on both sides of the process. The current process of discovery for criminal cases in Virginia fosters a culture of secrecy and unpreparedness that should not be tolerated in a system that has such power over the lives of every person in this state. It is far past the time for Virginia to move forward on criminal discovery reform. The current rules for criminal discovery in Virginia were first adopted in 1972. The rules do …

Compensating The Wrongfully Convicted: A Proposal To Make Victims Of Wrongful Incarceration Whole Again, Alanna Trivelli

Richmond Public Interest Law Review

Part I of this comment presents a brief overview of the current state compensation systems for those who are wrongly imprisoned, including model legislation proposed by the Innocence Project and the current short- comings of compensation statutes across the United States. Part II discusses the principles behind compensatory damages in tort law, and the foundation and reasoning for making a victim whole again. Varying forms of relief are also discussed. Part III applies these principles of tort law to the arena of wrongful convictions to show states have a responsibility to make victims of wrongful convictions whole again. Potential problems …

Reform Virginia's Civil Asset Forfeiture Laws To Remove The Profit Incentive And Curtail The Abuse Of Power, Rob Poggenklass

University of Richmond Law Review

Part I of this article will review the historical roots of civil asset

forfeiture law. Part II will provide a more modern history of these

laws and an overview of Virginia's current asset forfeiture

scheme. Part III will examine the criticism of Virginia's drugrelated

civil asset forfeiture laws and highlight due process concerns,

risk of abuse of power, and misallocation of priorities due

to the structure of these laws in Virginia. Finally, Part IV will

provide recommendations to reform Virginia's civil asset forfeiture

laws.

Examining The Relationship Between Physical And Sexual Abuse And Mental Illnesses Among Female Inmates: Revising The Mental Health Care Process In Prisons, Josie Klepper

Undergraduate Honors Theses

Females are becoming a prominent population within America’s correctional facilities, which has led to incarcerated females increasingly becoming the popular subjects of more recent research. Along with the growing population of female inmates, the rates of sexual and physical victimization reported by incarcerated females is rapidly growing. The purpose of this project is to evaluate the pre-established correlation between mental health diagnoses, and the prior physical and/or sexual abuse of female inmates within the custody of correctional institutions, outline the current treatment process, and devise a revision of the treatment process in order to improve the future of mental health …

Arrest Or Hospitalization? An Examination Of The Relationship Between Psychiatric Symptoms, Traumatic Childhood Experiences, And Socio-Ecological Factors In Forensic Mental Health System Responses To Offender Behavior, Stephanie Mersch, Jill D. Stinson, Megan Quinn

Undergraduate Honors Theses

It has been well documented that Adverse Childhood Experiences (ACEs) lead to unfavorable outcomes in later life, especially with regard to health and psychological outcomes. Recent research has demonstrated the impact of early childhood adversity on the onset of aggression and illegal behavior. However, often those with mental illness diagnoses with comorbid behavioral problems exhibit trajectories that include both arrest and hospitalization. While some are arrested for their criminal behavior, others are hospitalized. This begs the question: are those with mental illness and behavioral problems more likely to be arrested, or hospitalized, for their early behavioral problems? In the current …

Rewards And Challenges Of Teaching Comparative Law In The Commonwealth Caribbean, Asya Ostroukh

Louisiana Law Review

No abstract provided.

An Analysis Of Austin Lawyers Guild V. Securus Technologies, Inc.: The Constitutional And Ethical Implications Of Using Illegally Recorded Attorney–Client Telephone Conversations As Derivative Evidence, Christina Santos

St. Mary's Journal on Legal Malpractice & Ethics

For the justice system to operate effectively, privileged communications between an attorney and his or her client should be afforded the utmost and strictest protections. Intrusion by law enforcement upon these communications severely diminishes the confidence and candor needed in the attorney-client relationship. Although the United States Supreme Court recognizes prosecutorial immunity and generally leaves prosecutorial discipline to state bar authorities, the Court has long held that the attorney-client privilege is needed for attorneys to effectively advocate on behalf of their clients.

Austin Lawyers Guild v. Securus Technologies, Inc., a civil class-action lawsuit, is currently pending before the United …

Student Perceptions Of Mentally Ill Offenders, Kimberly Nicole Rayborn

Master's Theses

Since deinstitutionalization, the responsibility for mentally ill members of society has shifted to the criminal justice system in a process of trans-institutionalization or “criminalization of mental illness” (Slate & Johnson, 2008). Though various groups have been studied to ascertain their perception of mentally ill individuals and offenders, previous research focuses largely on students of psychology, social work, and medicine. Little research has been conducted regarding the perceptions of students of criminal justice toward mental illness, despite the increasing involvement of the criminal justice system in treating and handling mentally ill individuals in the past thirty years. This exploratory research serves …

Effects Of Cigarette Butts On Coastal Waters: An Elemental Analysis Of Seawater From St. Simon’S Island, Katherine Adorati

Honors Theses

Cigarette litter can have detrimental effects on the environment, specifically when taking into account that over 4.5 trillion cigarette butts are littered every year. Within seawater, trace elements present in cigarettes may leach into the ocean, having damaging effects on the marine ecosystem. The goal of this research was to investigate if elemental contaminants leached from cigarette litter are significant in samples of seawater collected near St. Simon’s Island at both high and low tides, surrounding a beach party during the Florida/Georgia football game which occurred on November 1, 2014. Samples were collected in the months prior to and during …

Introducing Creativity To Community Policing, Sidonna S. Brown

Creativity and Change Leadership Graduate Student Master's Projects

ABSTRACT OF PROJECT

Introducing Creativity to Community Policing

This project introduces different creative problem solving models and tools to community policing through a series of workshops. Each model represents different concepts and principles that will guide members in the community in leadership, change, and new ways of thinking. There are multiple problem solving tools that will assist in solving challenges faced on a day-to-day basis by individuals in the community. Presented in this project are also team-building exercises that will be used to build relationships between police officers and community board members. As a united force, both parties will be …

American Bar Association: Joint Task Force On Reversing The Schoolto- Prison Pipeline, Sarah E. Redfield, Jason P. Nance

University of Memphis Law Review

No abstract provided.

Letter From The Editor, Katherine R. Schroth

Richmond Journal of Law and the Public Interest

Letter from the Editor for the Richmond Journal of Law and the Public Interest 2015 Symposium Issue

Compensating The Wrongfully Convicted: A Proposal To Make Victims Of Wrongful Incarceration Whole Again, Alanna Trivelli

Richmond Journal of Law and the Public Interest

Part I of this comment presents a brief overview of the current state compensation systems for those who are wrongly imprisoned, including model legislation proposed by the Innocence Project and the current short- comings of compensation statutes across the United States. Part II discusses the principles behind compensatory damages in tort law, and the foundation and reasoning for making a victim whole again. Varying forms of relief are also discussed. Part III applies these principles of tort law to the arena of wrongful convictions to show states have a responsibility to make victims of wrongful convictions whole again. Potential problems …

African American Female Offender's Use Of Alternative And Traditional Health Services After Re-Entry: Examining The Behavioral Model For Vulnerable Populations, Carrie B. Oser, Amanda M. Bunting, Erin L. Pullen, Danelle Stevens-Watkins

Sociology Faculty Publications

This is the first known study to use the Gelberg-Andersen Behavioral Model for Vulnerable Populations to predict African American women's use of three types of health services (alternative, hospitalization, and ambulatory) in the 18 months after release from prison. In the multivariate models, the most robust predictors of all three types of service utilization were in the vulnerable theoretical domains. Alternative health services were predicted by ethnic community membership, higher religiosity, and HIV/HCV. Hospitalizations were predicted by the lack of barriers to health care and disability. Ambulatory office visits were predicted by more experiences of gendered racism, a greater number …

Raps Sheet, May 2016, Retirement Association Of Portland State

RAPS Sheet: Monthly Newsletter

No abstract provided.

Portland State Magazine, Portland State University. Office Of University Communications

Portland State Magazine

PSU’s alumni magazine, published 2-3 times a year. In this issue: Choral Director Ethan Sperry inspires grand performances; seen as outsiders or worse, Muslim students seek acceptance; works of art by alumni and faculty are everywhere in Portland; Portland’s growing pains; PSU program gives high schoolers a jumpstart on college-level learning; and more.

A Phenomenological Study: Exploring The Needs, Wants, And Desires From The Voices Of African-American Males Desiring To Graduate From Community College, Yvette Harris

Doctoral Dissertations and Projects

The purpose of this qualitative phenomenological study was to explore factors that could lead to academic success for African-American males enrolled in community college. By conducting a phenomenological study, those factors leading to graduation will be derived from the particular lens of perception of the participants’ lived experiences. The guiding theories are those of Derrick Bell’s Critical Race Theory (CRT, 1977), Vincent Tinto’s (1975) Theory of Departure, and John Bean’s (1979) Theory of Student Attrition. A convenience participant sample totaling 10 African-American males was comprised of students who were currently enrolled in a community college. The data collected for this …