Digital Commons Network^™

An Exploratory Study On Physical Fitness Policies Among Police Departments In North Carolina, Jay H. Fortenbery

School of Criminal Justice Theses and Dissertations

The purpose of this study was to examine the existing state of physical fitness maintenance policies among police departments in North Carolina, and how those policies impact reported injuries among police officers. The research identified a sample of police departments with and without mandated physical fitness maintenance policies (n = 145) for years 2013-2015 and through collaboration with the North Carolina League of Municipalities, determined the number officer injuries per department for comparison. This information also included the cause of injury, costs, lost work days and claims by male and female for comparison. A cross-sectional analysis and purposive sampling method …

“Modern Day Slavery”- Implications Of A Label, Mary Graw Leary

Scholarly Articles

Over the last decades much progress has been made in the fight against human trafficking. As with any social movement, divisions exists among activists and scholars on the most effective direction to execute social change. Often, these focus on language. One such critical discussion is whether it is appropriate to label human trafficking “Modern Day Slavery.” Although the term has existed for several years, the analogy gained a more full acceptance with its use by President Obama in September 2012 when he described “the injustice, the outrage, of human trafficking which must be called by its true name -- modern …

A Legal Definition Of Leadership: Understanding §3b1.1 Of The Federal Sentencing Guidelines, Marin Roger Scordato

Scholarly Articles

This Article offers a formal legal definition of “leadership” drawn from an unusual quarter: criminal sentencing. Sentencing guidelines that include adjustments based on the extent to which a defendant was a “leader” have spawned hundreds of appellate court cases attempting to develop a thoughtful, workable definition of the term. Reviewing these cases, this Article offers 25 separate characteristics courts have found material to a legal judgment as to whether an individual has been a leader within a criminal enterprise.

Eleven of these characteristics can be organized into three categories, which operate on the boundaries of the leadership concept. The first …

The Miller Revolution, Cara H. Drinan

Scholarly Articles

In a series of cases culminating in Miller v. Alabama, the United States Supreme Court has limited the extent to which juveniles may be exposed to the harshest criminal sentences. Scholars have addressed discrete components of these recent Court decisions, from their Eighth Amendment methodology to their effect upon state legislation. In this Article, I draw upon that scholarship to make a broader claim: the Miller trilogy has revolutionized juvenile justice. While we have begun to see only the most inchoate signs of this revolution in practice, this Article endeavors to describe what this revolution may look like both in …

Volume 99, Winter 2015 Table Of Contents

Marquette Law Review

None

Socializing The Subject Of Criminal Law? Criminal Responsibility And The Purposes Of Criminalization, Nicola Lacey

Marquette Law Review

none

What If?: Human Experience And Supreme Court Decision Making On Criminal Justice, Christopher E. Smith

Marquette Law Review

None

Can We Forgive Those Who Batter? Proposing An End To The Collateral Consequences Of Civil Domestic Violence Cases, Joann Sahl

Marquette Law Review

Domestic violence is the most common tort committed in our country, involving nearly 1.3 million victims. When a domestic violence incident occurs, the press regularly reports it. Highlighted in these articles is the name of the perpetrator. Perpetrators identified as committing an act of domestic violence face public outrage, contempt, and stigma. This is particularly true if a court determines that the act of domestic violence necessitates a civil protection order (CPO) that bars the perpetrator from having any contact with the victim. Nearly 1.2 million people receive a CPO each year. More people use this civil remedy than those …

Effectiveness Of High-Fidelity Simulation In Changing Citizens’ Attitudes Toward Police, Jeffrey A. Pardue Ma

All Student Scholarship

The use of deadly force is the most serious decision a police officer has to make. Recent highly-publicized law enforcement lethal encounters have led to a growing need for police to proactively engage in educational discussions with community members in hopes of improving the perceptions of their work.

Did The Curtailing Of The "Stop, Question, And Frisk" Policy Lead To An Increase In New York City's Homicide Rate In 2015?: An Examination Of The Relationship Between Stop-And-Frisk And Violent Crime Rates, Isabel P. Smith

Scripps Senior Theses

This thesis is an examination of the relationship between the New York Police Department's "Stop, Question, and Frisk" policy and the city's homicide rates. Using a historical analysis of NYC crime data as well as a cross-city comparison of homicide rates across the United States, I determine whether or not there is a consistent, causal relationship between the policy and the city's violent crime rates.

A Comparison Of The Use Of The Antisocial And Borderline Personality Disorder Scales In The Mcmi-Iii And Personality Assessment Inventory With A Criminal Justice Population, Christine Chasek, Thomas Maxson, Brittany Schmidt, Julie A. Dinsmore, Douglas R. Tillman, David D. Hof

Counseling Faculty Publications

The present study compared outcome measurements on the Antisocial and Borderline scales of the Personality Assessment Inventory (PAI) with those on the Milion Clinical Multiaxial Inventory (MCMI-III) when both were used with a criminal justice population. Significant positive correlations were found between the Antisocial scales on the PAI and MCMI-III, as well as between the Borderline scales of both assessments, indicating that in an evaluation process it would be sufficient to use only one assessment. It is suggested that the MCMI-III is the better option to save costs and time while preserving the clinical accuracy of the testing protocol for …

Using The Nfl As A Model? Considering Zero Tolerance In The Workplace For Batterers, Deseriee A. Kennedy

University of Baltimore Law Review

"Domestic abuse is a workplace issue. '

The impact of domestic violence can increasingly be felt in the workplace, and it can adversely affect the safety and productivity of employees. Legislators and employers have begun to recognize the effect of domestic violence on employment, and many have adopted policies to protect the interests of domestic violence survivors. This article suggests that wider adoption of domestic violence policies are needed and these policies should be broadened to directly address batterers in the workplace. The article argues that employer based sanctions would increase batterer accountability and workplace safety. It uses the newly …

The Female Human Trafficker In The Criminal Justice System: A Test Of The Chivalry Hypothesis, Brielle Francis

Electronic Theses and Dissertations

The involvement of women in human trafficking within the United States has received limited research attention. Human trafficking encompasses labor, sex, and organ trafficking (Roberts, 2012). In 2009 the United Nations Office on Drugs and Crime (UNODC) reported that women play a significant role in human trafficking. Nagel and Johnson (1994) conclude that, historically, female offenders have stayed at the edge of the criminal justice system. Generally, theories about prosecution and conviction outcomes derive from the study of male offenders. Women can be involved in all aspects of the human trafficking organizations, from the recruitment, to the supervision of prostitutes …

A Tribute To Wil Smith, Maine Law Class Of 2006, Jennifer Wriggins

Faculty Publications

No abstract provided.

The Inequality Of America's Death Penalty: A Crossroads For Capital Punishment At The Intersection Of The Eighth And Fourteenth Amendments, John Bessler

All Faculty Scholarship

We live in a divided society, from gated communities to cell blocks congested with disproportionate numbers of young African-American men. There are rich and poor, privileged and homeless, Democrats and Republicans, wealthy zip codes and stubbornly impoverished ones. There are committed "Black Lives Matter" protesters, and there are those who—invoking "Blue Lives Matter" demonstrate in support of America‘s hardworking police officers. In her new article, "Matters of Strata: Race, Gender, and Class Structures in Capital Cases," George Washington University law professor Phyllis Goldfarb highlights the stratification of our society and offers a compelling critique of America‘s death penalty regime—one, she …

Editorial, Judith Rowbotham, Kim Stevenson, Samantha Pegg

SOLON Law, Crime and History (previously SOLON Crimes and Misdemeanours: Deviance and the Law in Historical Perspective)

No abstract provided.

'The True State Of My Case: The Memoirs Of Mrs Anne Bailey, 1771, Sarah Ailwood

SOLON Law, Crime and History (previously SOLON Crimes and Misdemeanours: Deviance and the Law in Historical Perspective)

This article explores The Memoirs of Mrs Anne Bailey, a short memoir published by a lone mother in London in 1771. It addresses questions of methodology, in terms of legal history and textual analysis, to examine how Anne Bailey's Memoirs shed light on the operation of everyday justice in the mid-eighteenth century metropolis, as well as what they reveal about relationships between legal and textual subjectivities during the era. The article argues that drawing on life-writing sources enriches our understanding of the lived experience of lowlevel justice, as well as conceptions of individual personhood in the eighteenth century.

Continuity And Change In The History Of Scottish Juvenile Justice, Christine Kelly

SOLON Law, Crime and History (previously SOLON Crimes and Misdemeanours: Deviance and the Law in Historical Perspective)

This paper explores the theme of continuity and change in the history of Scottish juvenile justice, drawing attention to the longer historical view which enables us to focus on the underlying continuities between nineteenth and twentieth century developments. In this context the paper presents a number of key research findings based on extensive primary research on Victorian and Edwardian Scotland. These focus on three areas: the role of reformatory and industrial schools, the operation of the early juvenile courts and the impact of new scientific discourses. The paper argues that these insights are of value in supporting an interpretation of …

The Scottish Criminal Trial And Judicial Intervention In A Public Controversy, Robert S. Shiels

SOLON Law, Crime and History (previously SOLON Crimes and Misdemeanours: Deviance and the Law in Historical Perspective)

A published article by a senior Scottish Judge, Lord Kingsburgh (Sir John Macdonald), in 1898, reveals the tensions around reform in the United Kingdom of the law concerning the competence of an accused giving evidence for the defence. The change in law also provides some insight into the perception of the practitioners of the Victorian period as to the system they worked in.

Restoring Trust: A Grounded Theory Study Of Cyberbullying Among Young Women, Nancy H. Camp

Dissertations

Cyberbullying is a global and national public health issue with the potential to affect the healthy social and emotional development of adolescents and young adults. There has been an 80% increase in social media use in 18-29 year olds between 2004 and 2014 (Gahagen, Vaterlaus, & Frost, 2016). In a study of 14-24 year olds (MTV/AP, 2011), 76% identified cyberbullying as a serious problem, with more than 56% reporting they have experienced cyberbullying. Cyberbullying research has been conducted predominantly with adolescents (ages 11-18 years), however scant research has been conducted with older adolescents and young adults (ages 18-30 years). This …

Emu Today, September 22, 2016, Eastern Michigan University

EMU Today

No abstract provided.

Emu Today, October 12, 2016, Eastern Michigan University

EMU Today

No abstract provided.

The Judge Is The Key Component: The Importance Of Procedural Fairness In Drug-Treatment Courts, Brian Mackenzie

Court Review: Journal of the American Judges Association

Beginning in the 1960s, the United States has suffered from waves of illicit drug epidemics, which have exerted immense stress on our system of criminal justice.2 For decades, the governmental response has been to wage a “War on Drugs” that has siphoned funding away from our nation’s schools and into the budgets of our correctional systems.3 In spite of the considerable amount of taxpayer dollars that has been dedicated to enforcement and incarceration initiatives, substance abuse remains a driving force in the criminal-justice system.4 After five decades of inefficient spending and ineffective imprisonment, governments at every level are realizing just …

Court Review: The Journal Of The American Judges Association 52:2 (2016)- Whole Issue

Court Review: Journal of the American Judges Association

ARTICLES

60 The Emotional Dimension of Judging: Issues, Evidence, and Insights.

72 Judicial Wisdom: An Introductory Empirical Account.

80 So You’re Going to Be a Judge: Ethical Issues for New Judges.

DEPARTMENTS

54 Editor’s Note.

55 President’s Column.

56 Thoughts from Canada.

59 Letters to the Editor.

91 Crossword.

92 The Resource Page.

A Review Of Decisions Rendered By The Supreme Court Of Canada In Criminal Matters—January 1 To October 31, 2016, Wayne K. Gorman

Court Review: Journal of the American Judges Association

It is not every year that the Supreme Court of Canada reverses itself. However, as will be seen, this year it did.1

In this column I am going to review the decisions rendered by the Supreme Court of Canada in 2016 that involve criminal matters. The decisions are reviewed based on categories.

In 2016, the Supreme Court of Canada considered a multitude of issues involving criminal law, including defences, evidence, and sentencing. The Court also considered the application of the Canadian Charter of Rights and Freedoms, Constitution Act, 1982, to various criminal-law provisions and procedures. Interestingly, the Supreme Court reversed …

The Resource Page (2016) 52 Page 52

Court Review: Journal of the American Judges Association

The unseen forces that make our criminal-justice system less fair than we would like is the topic of the debut book by law professor Adam Benforado. As an introductory backdrop, Professor Benforado compares 12th-century ordeals of water and fire to our current justice system. Will our ancestors 900 years from now look back on our current system with similar shock? Benforado thinks they will. Interweaving real cases and events with research findings from psychology and neuroscience, this book examines the underlying—often unconscious—unfairness throughout the criminal-justice system.

One Term, Two Courts: Selected Criminal-Law Cases In The Supreme Court’S 2015-2016 Term, Charles D. Weisselberg, Juliana Devries

Court Review: Journal of the American Judges Association

In a way, we had not one but two Supreme Courts last Term.1 The first Court sat from October 5, 2015, to February 12, 2016. The Term of the successor Court began on February 13, 2016, when Associate Justice Antonin Scalia unexpectedly passed away on a Texas ranch. We will review important criminal-law decisions from both 2015-2016 Courts. But for those who adjudicate, study, prosecute, or defend criminal cases, the death of Justice Scalia was the most significant aspect of the year. Whether one was a fan of his jurisprudence or not, it is impossible to deny his outsized impact …

Exporting Drug-Court Concepts To Traditional Courts: A Roadmap To An Effective Therapeutic Court, Jamey Hueston, Kevin Burke

Court Review: Journal of the American Judges Association

On any given day, in courtrooms across the country, judges witness the unfortunate consequences of drug abuse reflected by some offenders who are in court “nodding out” from a “heroin high” while waiting for their cases to be called. A steady stream of people with untreated mental-health issues also enter courtrooms, often displaying oppositional attitudes, disruptive behavior, and cognitive disabilities. Judges are understandably frustrated with the justice system’s revolving door in which these offenders continuously rotate and with a system that cannot adequately address the numerous complex issues, insufficient life skills, and collateral problems that contribute to drug abuse or …

An Examination Of Website Advice To Avoid Jury Duty, C. Adam Coffey, David M. Sams, Stanley L. Brodsky, Tess M.S. Neal

Court Review: Journal of the American Judges Association

The use of a jury in legal proceedings can be traced as far back as the participatory democracies that emerged in Greece in the sixth century BC, although it was not until the signing of the Magna Carta that the right to a trial by a jury of one’s peers emerged.1 In the United States, the Sixth and Seventh Amendments of the U.S. Constitution expressly provide this right in both criminal and civil proceedings.2 Furthermore, these amendments provide individuals with the right to a trial before an impartial jury.3 This right intends to serve as a safeguard against unfair treatment …

Court Review: The Journal Of The American Judges Association 52:1 (2016)- Whole Issue

Court Review: Journal of the American Judges Association

AN AJA WHITE PAPER

8 The Judge Is the Key Component: The Importance of Procedural Fairness in Drug-Treatment Courts. ARTICLES

36 Giving Parents a Voice: A Case Study of a Family Treatment Drug Court Track in Lancaster County, Nebraska.

44 Exporting Drug-Court Concepts to Traditional Courts: A Roadmap to an Effective Therapeutic Court.

DEPARTMENTS

2 Editor’s Note.

3 President’s Column.

4 Thoughts from Canada.

51 Crossword.

52 The Resource Page.