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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.

The Resource Page (2016) 52 Page 132

Court Review: Journal of the American Judges Association

The National Center for State Courts has produced four videos that can be used in training programs for judges and court personnel about procedural fairness. The videos explore how proceduralfairness principles may best be deployed in situations faced by judges and court staff. Four video scenarios are provided, and each one includes discussion questions and links to additional materials about the topic.

The four video scenarios are:

• The Multitasking Judge (5:18): A judge conducting a hearing on whether to modify a no-contact order in a pending domestic-violence case also signs a stack of routine orders during the hearing.

• …

Giving Parents A Voice: A Case Study Of A Family Treatment Drug Court Track In Lancaster County, Nebraska, Roger J. Heideman, Jennie Cole-Mossman, Lori Hoetger, Katherine Hazen

Court Review: Journal of the American Judges Association

Family drug courts (FDCs) were first established in 1994 as one judge’s response to substance abuse in the majority of his dependency-court cases.1 Since then, hundreds of similar specialized dependency courts have been established around the country. FDCs are based on an adult-drug-court model established in response to the apparent revolving door of drug offenders in criminal court. Drug courts and other problem-solving courts seek to identify the social and psychological dysfunction that brought the individuals before the court. Problem-solving-court judges adopt therapeutic jurisprudence to assess the dysfunction, prescribe appropriate services, and provide support, encouragement, and accountability. Procedural justice, characterized …

Court Review: The Journal Of The American Judges Association 52:4 (2016)- Whole Issue

Court Review: Journal of the American Judges Association

ARTICLES

142 One Term, Two Courts: Selected Criminal-Law Cases in the Supreme Court’s 2015-2016 Term.

152 Harmful Effects of Child-Custody Evaluations on Children.

160 The Unsubstantiated Claims of Turkat’s Harmful Effects of Child-Custody Evaluations on Children.

170 Child Dead and Parent Charged with Murder After Psychologist Recommends Said Parent to Court: Turkat Responds to Gould and Posthuma’s Custody-Evaluation Fallacies.

DEPARTMENTS

134 Editor’s Note.

135 President’s Column.

136 Thoughts from Canada.

178 Crossword.

180 The Resource Page.

The Emotional Dimension Of Judging: Issues, Evidence, And Insights, Sharyn Roach Anleu, David Rottman, Kathy Mack

Court Review: Journal of the American Judges Association

Judicial emotions—their display in the courtroom, influence on judicial behavior, and ultimately, their impact on public trust in the judiciary—are under scrutiny as neuro-scientists and social scientists take a fresh look at judicial work and conduct. Emotions and their regulation raise important issues for the exercise of judicial authority, a role in which emotion is formally excised.1 What has been called “emotional labor” is one of several key concepts guiding empirical research and offering insights into how judges undertake their work.2 Other related or overlapping concepts include implicit bias, mindfulness, and procedural fairness. Judges have been introduced to these concepts …

Forensics And Fallibility: Comparing The Views Of Lawyers And Jurors, Brandon L. Garrett, Gregory Mitchell

Faculty Scholarship

Forensic evidence plays an increasingly prominent role in criminal practice, leading some to worry that depictions in popular media might make jurors over-reliant on forensics — a so-called CSI effect. There is little empirical evidence of such a CSI effect among jury-eligible laypersons; any such influence also depends upon a case proceeding to a trial. As the Supreme Court has put it: “criminal justice today is for the most part a system of pleas, not a system of trials.” However, a CSI effect could be more consequential if it affects how criminal lawyers assess forensic evidence when they negotiate pleas …

The Development And Evolution Of The U.S. Law Of Corporate Criminal Liability And The Yates Memo, Sara Sun Beale

Faculty Scholarship

No abstract provided.

Accountability And Autonomous Weapons: Much Ado About Nothing?, Charles J. Dunlap Jr.

Faculty Scholarship

This purpose of this essay is to critique a 2015 report entitled Mind the Gap: The Lack of Accountability for Killer Robots by Human Rights Watch (HRW) produced with the assistance of the Harvard Law School’s International Human Rights Clinic (IHRC). The HRW/IHRC paper attempted to establish that autonomous weapons should be banned because, they claim, “neither criminal law nor civil law guarantees adequate accountability for individuals directly or indirectly involved in the use of fully autonomous systems.” Contrary to HRW/IHRC assertions, this article maintains that although no one can “guarantee” accountability, there are sufficient legal tools to do so …

Bridgewater Magazine, Volume 26, Number 2, Summer 2016, Bridgewater State University

Bridgewater Magazine

Contents include coverage of the 2016 Commencement ceremony and features about the BSU Undergraduate Honors Program and external grants that fund campus programs and research projects. Also featured is 2016 graduate Emmanuel Boakye-Appiah, whose photography and video skill has led to a contract with VH1. Also Bridgewater and Alumni News.

Reining In Private Agents, Amitai Etzioni

Minnesota Law Review Headnotes, Vols. 94-106 (2009-2022)

No abstract provided.

Youthfulness Matters: A Call To Modernize Juvenile Waiver Statutes, Chelsea Ellen Heaney

UC Law Constitutional Quarterly

The fundamental values that underlie the juvenile justice system have developed and changed since its inception in 1899. A system that was once focused on rehabilitating and protecting troubled youth, has developed into a system focused on punishing and confining youth. A decade of increased juvenile crime rates in the United States from the mid-1980s to the mid- 1990s, led many states to change their policies regarding the treatment of juvenile delinquents. Specifically, between 1992 and 1994, forty-nine out of the fifty states broadened or enacted legislation making it easier for juveniles to be tried as adults. Automatic and mandatory …

The Right To Education For Unaccompanied Minors, Jeanette M. Acosta

UC Law Constitutional Quarterly

In response to the increase of unaccompanied minors seeking refuge in the United States in 2014, officials within federal, state, and local institutions readied themselves to receive and serve a greater number of child migrants in detention facilities, shelters, immigration courts, and public schools. While attention has been paid to the need for legal representation of unaccompanied minors and the need to end the inhumane detention of children, this Note reveals the state of educational opportunities and services provided for unaccompanied minors in detention facilities, shelters, and public schools. This Note looks to the role education plays in the lives …

Judicial Lawmaking And General Principles Of Law In International Criminal Law, Neha Jain

Articles

General principles of law are a primary mechanism for “gap-filling” in international criminal law. However, their interpretation by tribunals has been fitful, contradictory, and misguided. Given that general principles have been used to settle crucial legal issues that affect the rights of the accused, the confusion concerning their application threatens the legitimacy of international criminal justice. This Article critiques the various conceptions of general principles developed by scholars and tribunals based on the criteria of formal and material validity and exposes the problems with their application in light of comparative law and criminal law theory. The Article challenges international criminal …

Seeking Clemency For Inmates Serving Outdated Sentences, Janeanne Murray

Articles

No abstract provided.

The Promises And Pitfalls Of State Eyewitness Identification Reforms, Nicholas A. Kahn-Fogel

Kentucky Law Journal

This article provides a comprehensive analysis of state-based eyewitness identification reforms, including legislative directives, evidentiary rules, and judicial interpretations of state constitutions as providing greater protection against the use of unreliable eyewitness evidence than the United State Supreme Court offered in its 1977 decision in Manson v. Brathwaite. While previous scholarship has included thorough consideration of a single state's eyewitness law, state-by-state analysis of a sub-issue in eyewitness law, and brief general surveys of state approaches to eyewitness reform, this article adds to the current body of scholarship with an in-depth evaluation of eyewitness identification law in states that …

The Rise Of White-Segregated Subsidized Housing, Institute On Metropolitan Opportunity

Studies

Minneapolis and Saint Paul are currently operating what is, in effect, a dual subsidized housing system. In this system, the majority of units are available in lower-cost, utilitarian developments located in racially segregated or diverse neighborhoods. These units are mostly occupied by families of color. But an important subset of units are located in predominately white neighborhoods, in attractive, expensive buildings. These units, which frequently are subject to special screening requirements, are mostly occupied by white tenants.

America Needs The Treat Act: Expanding Access To Effective Medication For Treating Addiction, Barbara Andraka-Christou

Health Matrix: The Journal of Law-Medicine

The article focuses on the underuse of buprenorphine because it is the most widely used medication for treating opioid dependence that is cost-effective in the United States. It discusses restrictions placed on prescribers under the Drug Addiction Treatment Act (DATA) of 2000 and the need to reintroduce the Recovery Enhancement for Addiction Treatment Act.

Cross Generational Immigrant Attitudes Toward Mental Health Services, Liudmila Shapoval, Elizabeth L. Jeglic

Modern Psychological Studies

Depression is a major mental health problem both in the United States and globally, and thus, increasing research has focused on how to treat it. The major treatments include medication and psychotherapy; however, it appears that most depressed individuals are selecting pharmacological treatment as opposed to psychological treatment despite treatments similar outcomes. This is in contract to survey data which suggests that individuals overall prefer psychological types of treatment (Givens et al., 2007; Olfson & Marcus, 2009). As the population of the United States increases to become more ethnically and cultural diverse, little is known about how racial and cultural …

Undergraduate Bulletin 2016-2017, John Jay College Of Criminal Justice

College Bulletins

Covers the Academic Year 2016-2017

Bad Math: State-Centric Anti-Corruption Enforcement + International Information Sharing Agreements = Conflicting Corporate Incentives, Matthew Reeder

The International Lawyer

No abstract provided.

Regional International Criminal Courts: An Idea Whose Time Has Come?, Firew Kebede Tiba

Cardozo Journal of Conflict Resolution

Regionalism in international relations is a fact of life. Regional judicial implementation of international norms is relatively common in the fields of international human rights, international investment, and trade laws. There are attempts to break ground in the realm of international criminal law by creating a regional international criminal court, such as the proposed addition of the criminal jurisdiction to the African Court of Justice and Human Rights. Although there was momentum in creating a universal permanent international criminal court, the enthusiasm for the tribunal's exercise of jurisdiction has not continued. The International Criminal Court ("ICC") will remain short of …

Concerning Protecting The Privacy Of Child Victims When Releasing Criminal Justice Records., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Creation Of An Alternative Simplified Process For The Sealing Of Criminal Justice Records Other Than Convictions, And, In Connection Therewith, Making An Appropriation., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Early Intervention Systems: An Evaluative Review Of Their History And Use, Matthew A. Ceriale

Honors Undergraduate Theses

It is the intention of this thesis to effectively describe what is known about EI systems to date. Many sources of information are used, beginning with peer reviewed journals such as Justice Quarterly, Police Quarterly, Policing: An International Journal of Police Strategies & Management, Police and Society and The American Journal of Criminal Justice. Also reports from criminal justice research affiliates will be used like the National Institute of Justice and the National Criminal Justice Reference Service. This thesis will work towards creating a comprehensive outline of the history of EI and future possibilities. With the …

To Catch A Terrorist: The Improper Use Of Profiling In U.S. Post-9/11 Counterterrorism, Kamillia Crawford

Honors Undergraduate Theses

The attacks of September 11, 2001 (9/11) caused thousands of deaths, national and global panic, and immediate action by the federal government to protect the borders of the United States of America (USA) from terrorism. In response to these attacks, the United States (U.S.) government enacted laws for law enforcement agencies to protect against terrorist activities. Law enforcement agencies are effective in combating terrorism, but their measures contain a major flaw - the improper use of race in profiling to address national security and public safety concerns. Racial profiling is an ineffective measure for preventing terrorism. There are solutions to …

The Impact Of Ethnicity And Social Class On The Practice Of Corporal Punishment, Jana Weiss

MA Community Psychology Theses

The purpose of this research is to explore disciplinary practices employed by families from different socioeconomic and ethnic backgrounds. In history, corporal punishment, (CP; also known as flagellation) was a practice widely used in religious settings during the eighth century. The social norm was to whip for punishment but also for pleasure. For some, CP is one way of disciplining children in home and in school settings. There are signs that are present in determining whether a parent may practice CP in the home that include certain parenting behaviors, socioeconomic status (SES), parent mood, and discipline responses. It has been …

Adolescent Sex Offender Registration Policy: Perspectives On General Deterrence Potential From Criminology And Developmental Psychology, Cynthia J. Najdowski, H. M. Cleary, M. C. Stevenson

Psychology Faculty Scholarship

Sex offender registration policies have expanded rapidly, now extending to adolescent offenders across the nation. Policies mandating registration are based, in part, on arguments that registration is needed to prevent dangerous sex offenders from committing additional offenses and that risk of registration deters would-be offenders from offending in the first place. Research suggests that registration does not serve the former specific deterrent function for adolescents, but less is known regarding the latter goal of general deterrence. The disciplines of criminology and developmental psychology both offer important theoretical perspectives, but these frameworks have yet to be applied to this unique context. …

Practice Regarding Motions For Acquittal At The Close Of Evidence For The Prosecution. Specifically An Overview Of The Law And Practice Of The International Criminal Tribunals Regarding Motions For Judgment Of Acquittal At The Close Of The Prosecution Case, The Legal Standards Applied By The Other Tribunals That Also Provide For Such Motions, As Well As In The Practice Adopted, Including Whether The Practice Involves Full Briefing By The Parties Or Just Oral Argument., Daniel Joseph Carravallah

War Crimes Memoranda

No abstract provided.