Digital Commons Network^™

Confrontation's Convolutions, Christine Chambers Goodman

Loyola University Chicago Law Journal

Despite the Supreme Court’s efforts in the 2004 Crawford v. Washington case to narrow the parameters of the Sixth Amendment right to confrontation, lower courts vary widely in interpreting when the Confrontation Clause applies. Subsequent 5–4 and 4–1–4 decisions of the Court have raised more questions than answers, especially in the context of expert testimony. In analyzing the decade of cases, this Article finds that confusion abounds in three primary areas: (1) which witnesses are actually witnesses against the accused, (2) whether the evidence must be accusatory in order to be testimonial, or must be both accusatorial and testimonial, and …

Comprehensive Police Officer Body Camera Guidelines In Illinois, Liane C. Dublinski

Loyola University Chicago Law Journal

No abstract provided.

Arbitrary Law Enforcement Is Unreasonable: Whren's Failure To Hold Police Accountable For Traffic Enforcement Policies, Jonathan Witmer-Rich

Law Faculty Articles and Essays

Whren v. United States is surely a leading contender for the most controversial and heavily criticized Supreme Court case that was decided in a short, unanimous opinion. The slip opinion is only thirteen pages long, and provoked no dissents or even concurring opinions. Critical reaction has been overwhelmingly negative. Criticism not withstanding, the Court has not retreated from Whren, but continues to repeat its core holding.

Part I frames the problem in Whren with a story. Part II sets forth the fundamental Fourth Amendment principle underlying this article—the prohibition against arbitrary search and seizure. Part III explains how arbitrariness …

Children Of Incarcerated Women In Brazil: Vulnerability And Traumatic Experiences In Their Lives, Gabriela R. Ormeno, Paolla M. Santini, Jose C. Fogo, Lúcia C. A. Williams

Journal of Latino/Latin American Studies (JOLLAS)

This study aims at identifying possible traumatic experiences, feelings, and emotions faced by children of incarcerated women. A structured interview was conducted with 150 incarcerated women at a women’s prison in São Paulo State, Brazil. Participants reported a total of 441 children, of which 297 were younger than 12 years old, and their average age was 7.5 years old. 67.4% of the children lived with their mothers at the time of incarceration, and 15.1% had witnessed their arrest. Participants reported that 24.02% of children were sad and 12.7% of them cried very much when their mothers were arrested. 57.3 % …

Does Centralized Private Power Corrode The Rule Of Law?, James G. Wilson

Law Faculty Articles and Essays

Wilson argues that profound wealth inequality invariably creates an unstable, dual legal system. The rich become largely immune from criminal sanctions, civil regulations, and taxation; the middle class carries the tax burden while the criminal justice system hammers the poor. This perpetuates the fear of the Framers that America would decline if it ever adopted a class system similar to the European class structure, which was far more drastic. The infamous revolving door between the corridors of public and private power guarantees regulatory capture; high-level bureaucrats, members of Congress, and military leaders flock to the private sector, where they are …

Uncoverings: The Research Papers Of The American Quilt Study Group, Volume 37 (2016), Lynne Zacek Bassett, Diana Bell-Kite, Jonathan Gregory, Colleen Hall-Patton, Peggy Hazard, Sandy Staebell, Susan Stanley

Uncoverings Journal

Foreword by Lynne Zacek Bassett

Migrant Quilts of Southern Arizona by Peggy Hazard

Funeral Ribbon Quilts by Diana Bell-Kite

Why Ernest Haight Made Quilts by Jonathan Gregory

The Godey Quilt by Sandy Staebell

Protofeminist Thought in Mid-Twentieth Century Magazine Articles by Colleen Hall-Patton

Mary Catherine Lamb: Lady of Perpetual Garage Sales by Susan Stanley

Contributors

Index

A Scarlet Letter Written In Permanent Digital Ink: How New Jersey’S Open Record Act And Protection Of The News Media Make Reputational Repair Impossible And Expungements Irrelevant In The Digital Age, Marilyn J. Tenpenny

Student Works

No abstract provided.

The Rise And Fall Of Social Trustee Professionalism, Michael Ariens

Faculty Articles

Elite lawyers have long urged the private practice bar to account for the interests of more than their clients in their work. A lawyer who served merely as a "mouthpiece" or "hired gun" of clients failed to meet the standards of professionalism, of failing to act, in Roscoe Pound's words, "in the spirit of a public service." Pound's view, expressed in the mid-20th century, was premised on the ideal that the lawyer pursued a public calling that incidentally was remunerative. This ideal required the lawyer to serve as a social trustee, one encumbered by duties for the benefit of society. …

Rethinking Law Enforcement Officers In Schools, Jason P. Nance

UF Law Faculty Publications

A recent event that occurred in a South Carolina classroom illustrates why there should be concern about assigning law enforcement officers to work in public schools. In October of 2015, a teacher called a law enforcement officer into a classroom to handle a student behavior problem. A female student was using a cell phone in violation of school rules. Other students in the classroom captured what happened next by video. The videos show that when the student refused to exit the classroom, the officer grabbed her by the neck, flipped her and her desk to the floor, and then forcibly …

Dismantling The School-To-Prison Pipeline: Tools For Change, Jason P. Nance

UF Law Faculty Publications

The school-to-prison pipeline is one of our nation’s most formidable challenges. It refers to the trend of directly referring students to law enforcement for committing certain offenses at school or creating conditions under which students are more likely to become involved in the criminal justice system, such as excluding them from school. This article analyzes the school-to-prison pipeline’s devastating consequences on students, its causes, and its disproportionate impact on students of color. But most importantly, this article comprehensively identifies and describes specific, evidence-based tools to dismantle the school-to-prison pipeline that lawmakers, school administrators, and teachers in all areas can immediately …

The Right To Silence V. The Fifth Amendment, Tracey Maclin

UF Law Faculty Publications

This paper concerns a well-known, but badly misunderstood, constitutional right. The Fifth Amendment to the Constitution guarantees, inter alia, that no person “shall be compelled in any criminal case to be a witness against himself.” For the non-lawyer, the Fifth Amendment protects an individual’s right to silence. Many Americans believe that the Constitution protects their right to remain silent when questioned by police officers or governmental officials. Three rulings from the Supreme Court over the past twelve years, Chavez v. Martinez (2003), Berghuis v. Thomkpins (2010) and Salinas v. Texas (2013), however, demonstrate that the “right to remain silent” that …

The New American Debtors' Prisons, Christopher D. Hampson

UF Law Faculty Publications

State by state, Americans abolished imprisonment for debt in the first half of the nineteenth century. In forty-one states, the abolition of debtors' prisons eventually took the form of constitutional bans. But debtors' prisons are back, in the form of imprisonment for nonpayment of criminal fines, fees, and costs. While the new debtors' prisons are not historically or doctrinally continuous with the old, some aspects of them offend the same pragmatic and moral principles that compelled the abolition of the old debtors' prisons. Indeed, the same constitutional texts that abolished the old debtors' prisons constitute checks on the new today. …

Front Matter

SMU Law Review

No abstract provided.

An Economic Assessment Of Household Unwanted Medicine Disposal Programs, Sofia Katherina Vielma Delano

Open Access Theses

There has been increasing concern about the environmental impact of pharmaceutical accumulations in surface and groundwater over the last two decades due to their improper disposal. Improper storage of these pharmaceuticals at home also poses a public health concern given its association with drug abuse and accidental poisoning. Several states in the U.S., including those bordering the Great Lakes, have implemented medicine take-back programs to help mitigate problems associated with unused and unwanted pharmaceuticals kept in households. Although positive benefits for society and the environment have been reported for these programs, the perceived monetary value has not been estimated. This …

Winter 2016, Gla Glq

Georgia Library Quarterly

No abstract provided.

Front Matter

SMU Law Review

No abstract provided.

"Lord Forgive Me, But He Tried To Kill Me": Proposing Solutions To The United States’ Most Vexing Racial Challenges, André Douglas Pond Cummings

Law Faculty Scholarship

While great progress has been made in the United States in the past fifty years in connection with race relations, three critical issues continue to vex our nation. The United States, despite its progress, continues to struggle mightily with (a) the police killing of unarmed black men; (b) racially disproportionate mass incarceration; and (c) violent homicides of black men and boys. Nightly newscasts detail seemingly weekly killings of unarmed African American men by law enforcement officers. Mass incarceration, while plateauing in the last several years, continues to see millions of United States citizens incarcerated at rates unmatched by any other …

From The Sophisticated Undertakings Of The Genovese Crime Family To The Everyday Criminal: The Loss Of Congressional Intent In Modern Criminal Rico Application, Emily A. Donaher

St. Thomas Law Review

Due to the unmanageable development of organized crime in America, principally the growth of La Cosa Nostra, Congress enacted the Organized Crime Control Act of 1970. Through this Act, Congress intended to eliminate organized crime, by criminalizing not only the syndicate but also the activities in which it was engaged. Congress then passed the Racketeer Influenced and Corrupt Organizations Act (RICO), which was to preclude organized crime from infiltrating legitimate American businesses. Although Congress intended courts to construe the RICO statute liberally to combat organized crime, in some cases, American courts have taken this liberal construction too far. The RICO …

The Mental Health And Medication Experiences Of Youth In Foster Care, Caitlin Waters

Wayne State University Theses

Nearly half of children in the child welfare system have clinically significant emotional or behavioral issues (Bums et al., 2004; Leslie et al.,2004), and are medicated at higher rates than their non-foster peers (e.g. Leslie et al., 2011; Zito et al.,2003). Research shows prescription of multiple medications is also a common occurrence in foster care. The proposed study seeks to answer the question: what are foster care youth’s mental health and medication use while in placement? This research employs a quantitative descriptive study to examine medication and conduct reports for foster youth in a residential placement. Findings suggest there is …

Recording Of Custodial Interrogations: Policies And Practices, Laura Rubino

Wayne State University Theses

Within the last century, interrogation practices throughout the United States have notably changed. Police interrogations went from physical harm (i.e., the third degree) to psychologically suggestive techniques. These psychologically coercive techniques put suspects at risk of giving a false confession, which is one of the contributing factors in wrongful convictions. One remedy to reduce false confessions is to electronically record interrogations. Very little is known about the specific policies and practices of electronic recordings during interrogation within law enforcement agencies. Policies and practices vary by state and by agency, which makes it difficult to identify agencies that do electronically record …

The American Bar Association's Criminal Justice Mental Health Standards: Revisions For The Twenty-First Century, Christopher Slobogin

UC Law Constitutional Quarterly

The American Bar Association's revision of its Criminal Justice Mental Health Standards ("Standards"), promulgated in August 2016, tackles a wide range of issues concerning the involvement of people with mental disabilities in the criminal justice system. Consisting of over ninety black letter provisions, the Standards address diversion and specialized courts; the role of mental health professionals, the police, lawyers and correctional officials in cases involving people with mental disabilities; and the law and processes associated with competency, insanity, commitment, and capital and non-capital sentencing. This article describes the genesis of the Standards and explains their content, organized in terms of …

Global Insecurity: How Risk Theory Gave Rise To Global Police Militarization, Nicholas S. Bolduc

Indiana Journal of Global Legal Studies

Today, across the globe, police agencies are militarizing to confront modern-day threats. This gradual shift towards militarized policing stems from the concept of risk-risk has driven nations to amend their laws so that their law enforcement agencies may militarize to meet whatever risk they face. In the United States, the gradual shift towards militarized police occurred after the crippling of the Posse Comitatus Act in the face of the developing 'War on Drugs" However, America is a late development in this trend; the majority of the Western world militarized themselves through the concept of 'gendarmes", while the Chinese militarized their …

Understanding The Impact Of Hacker Innovation Upon Is Security Countermeasures, Sean M. Zadig

CCAC Theses and Dissertations

Hackers external to the organization continue to wreak havoc upon the information systems infrastructure of firms through breaches of security defenses, despite constant development of and continual investment in new IS security countermeasures by security professionals and vendors. These breaches are exceedingly costly and damaging to the affected organizations. The continued success of hackers in the face of massive amounts of security investments suggests that the defenders are losing and that the hackers can innovate at a much faster pace.

Underground hacker communities have been shown to be an environment where attackers can learn new techniques and share tools pertaining …

The Claire Davis School Safety Act: Why Threat Assessments In Schools Will Not Help Colorado, Haley Direnzo

Denver Law Review

No abstract provided.

Faculty Pages, The University Of Pacific, Mcgeorge School Of Law

University of the Pacific Law Review

No abstract provided.

Chapter 467: Re-Discovering Brady, Shifting The Balance Of Power In Criminal Discovery, Virginia Martucci

University of the Pacific Law Review

No abstract provided.

Sb 694: How Low Can You Go? Reducing The Evidentiary Standard For State Habeas Corpus Petitions, Michelle Ahronovitz

University of the Pacific Law Review

No abstract provided.

Faculty Pages, The University Of Pacific, Mcgeorge School Of Law

University of the Pacific Law Review

No abstract provided.

Consent: What It Means And Why It’S Time To Require It, Stephen J. Schulhofer

University of the Pacific Law Review

No abstract provided.

Faculty Pages, The University Of Pacific, Mcgeorge School Of Law

University of the Pacific Law Review

No abstract provided.