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Articles 3601 - 3630 of 4674
Full-Text Articles in Entire DC Network
Consent: What It Means And Why It’S Time To Require It, Stephen J. Schulhofer
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
Faculty Pages, The University Of Pacific, Mcgeorge School Of Law
University of the Pacific Law Review
No abstract provided.
The Communistic Incliantions Of Sir Thomas More, David Ray Papke
The Communistic Incliantions Of Sir Thomas More, David Ray Papke
University of the Pacific Law Review
No abstract provided.
St. Thomas More & Antebellum American Law And Lawyers, M.H. Hoeflich
St. Thomas More & Antebellum American Law And Lawyers, M.H. Hoeflich
University of the Pacific Law Review
No abstract provided.
Constitutional Uopianism: An Exercise In Law And Literature, Susan N. Herman
Constitutional Uopianism: An Exercise In Law And Literature, Susan N. Herman
University of the Pacific Law Review
No abstract provided.
Prisoners' Fundamental Right To Read: Courts Should Ensure That Rational Basis Is Truly Rational, Alicia Bianco
Prisoners' Fundamental Right To Read: Courts Should Ensure That Rational Basis Is Truly Rational, Alicia Bianco
Roger Williams University Law Review
No abstract provided.
More Horse-Hair For The Sword Of Damocles? The Rhode Island Probation System And Comparisons To Federal Law, Timothy Baldwin, Olin Thompson
More Horse-Hair For The Sword Of Damocles? The Rhode Island Probation System And Comparisons To Federal Law, Timothy Baldwin, Olin Thompson
Roger Williams University Law Review
No abstract provided.
No Exit, No End: Probation In Rhode Island, Lara Montecalvo, Kara Maguire, Angela Yingling
No Exit, No End: Probation In Rhode Island, Lara Montecalvo, Kara Maguire, Angela Yingling
Roger Williams University Law Review
No abstract provided.
One Year Later: Reflections From The Mass Incarceration Symposium Student Steering Committee, Meghan Kruger, Danielle Dufault
One Year Later: Reflections From The Mass Incarceration Symposium Student Steering Committee, Meghan Kruger, Danielle Dufault
Roger Williams University Law Review
No abstract provided.
Communication And Competence For Self-Representation, E. Lea Johnston
Communication And Competence For Self-Representation, E. Lea Johnston
UF Law Faculty Publications
In Indiana v. Edwards, the U.S. Supreme Court held that states may impose a higher competency standard for self-representation than to stand trial in criminal cases. While the Court articulated a number of interests relevant to representational competence, it left to states the difficult task of formulating an actual competence standard. This Article offers the first examination and assessment of the constitutionality of state standards post-Edwards. It reveals that seven states have endorsed a representational competence standard with a communication component. Additionally, twenty states have embraced vague, capacious standards that could consider communication skills. States have applied these standards to …
Students, Police, And The School-To-Prison Pipeline, Jason P. Nance
Students, Police, And The School-To-Prison Pipeline, Jason P. Nance
UF Law Faculty Publications
Since the terrible shootings at Sandy Hook Elementary School in Newtown, Connecticut, lawmakers and school officials continue to deliberate over new laws and policies to keep students safe, including putting more police officers in schools. Yet these decisionmakers have not given enough attention to the potential negative consequences that such laws and policies may have, such as creating a pathway from school to prison for many students. Traditionally, only educators, not law enforcement, handled certain lower-level offenses that students committed, such as fighting or making threats without using a weapon. Drawing on recent restricted data from the US Department of …
Mr. Peabody's Improbable Legal Intellectual History, Mark Fenster
Mr. Peabody's Improbable Legal Intellectual History, Mark Fenster
UF Law Faculty Publications
Legal intellectual history, I suggest in this Paper, is the street sweeper in the parade of law’s history and its use of history. Lawyers and legal academics want great, important figures, cases, and theories with and against which they can do battle. The student-edited law reviews prefer bold, clear claims that explain why one answer to an historical question presented will bring justice, while a competing answer is manifestly unjust; why one past approach lacks principle or created worse consequences; or how one theory or another can explain all manner of thorny legal issues which bedevils academics and practitioners. Viewing …
The Dramas Of Criminal Law: Thurman Arnold’S Post-Realist Critique Of Law Enforcement, Mark Fenster
The Dramas Of Criminal Law: Thurman Arnold’S Post-Realist Critique Of Law Enforcement, Mark Fenster
UF Law Faculty Publications
The high legal realist period of the 1930s was not known for its criminal law scholarship, while until fairly recently, criminal law theory was not as well-developed as those fields that had faced a realist and post-realist critique. This Essay attempts to address these issues by describing in detail the criminal law scholarship of Thurman Arnold, a prominent realist whose best known academic writings were his mid-1930s monographs on the New Deal and resistance to it. Arnold’s criminal law scholarship serves as a forgotten link between the classical doctrinal work that dominated midcentury legal academic work on criminal law and …
The Right To Record Images Of Police In Public Places: Should Intent, Viewpoint, Or Journalistic Status Determine First Amendment Protection?, Clay Calvert
UF Law Faculty Publications
Using the February 2016 federal district court ruling in Fields v. City of Philadelphia as an analytical springboard, this Article examines growing judicial recognition of a qualified First Amendment right to record images of police working in public places. The Article argues that Judge Mark Kearney erred in Fields by requiring that citizens must intend to challenge or criticize police, via either spoken words or expressive conduct, in order for the act of recording to constitute "speech" under the First Amendment. It asserts that a mere intent to observe police-not to challenge or criticize them-suffices. It then also explores how …
No Less A Victim: A Call To Governor Nixon To Grant Clemency To Two Missouri Women, Kristen L. Stallion
No Less A Victim: A Call To Governor Nixon To Grant Clemency To Two Missouri Women, Kristen L. Stallion
Missouri Law Review
Approximately one in three women in the United States will fall victim to domestic violence in her lifetime. In recent years, an intimate partner killed approximately thirty-nine percent of female homicide victims in the United States; an intimate partner only killed 2.8% of male homicide victims. Battered Woman Syndrome (“BWS”) has received broad recognition in an effort to help factfinders better understand how battered women perceive their relationships, and opportunities for escape from abuse, as well as reactions to the cycle of violence. Before the introduction of expert testimony regarding BWS was admissible at trial, women who killed their partners …
Civil Rights—From Negative Restriction To Affirmative Obligation: A Call For Massachusetts To Recognize A Right To Rehabilitation Beginning With Juvenile Offenders, Jennifer L. Weekley
Civil Rights—From Negative Restriction To Affirmative Obligation: A Call For Massachusetts To Recognize A Right To Rehabilitation Beginning With Juvenile Offenders, Jennifer L. Weekley
Western New England Law Review
In Diatchenko v. District Attorney for Suffolk District, 1 N.E.3d 270 (Mass. 2013) the Massachusetts Supreme Judicial Court sparked significant juvenile sentencing reform in the state. Previously an outlier for its harsh treatment of juveniles, the Commonwealth now prohibits the imposition of life imprisonment without the possibility of parole for juvenile offenders. This crucial step forward in juvenile justice is dually rooted in neuroscience advancements and society’s ever-evolving standards of decency. The premise is simply that children are different. Children are categorically impulsive, more susceptible to negative environmental influences, and their malleable character is less persuasive evidence of irretrievable depravity …
Rules, Standards, Sentencing, And The Nature Of Law, Russell D. Covey
Rules, Standards, Sentencing, And The Nature Of Law, Russell D. Covey
Faculty Publications By Year
Sentencing law and practice in the United States can be characterized as an argument about rules and standards. Whereas in the decades prior to the 1980s when sentencing was largely a discretionary activity governed only by broad sentencing standards, a sentencing reform movement in the 1980s transformed sentencing practice through the advent of sentencing guidelines and mandatory minimum provisions. As a result, sentencing became far less standard-like and far more rule-like. Although reform proponents believed that this "rulification" of sentencing would reduce unwarranted sentencing disparities and enhance justice, it is far from clear that these goals were achieved. Indeed, the …
Cross-Sectional Challenges: Gender, Race, And Six-Person Juries, Jeannine Bell, Mona Lynch
Cross-Sectional Challenges: Gender, Race, And Six-Person Juries, Jeannine Bell, Mona Lynch
Articles by Maurer Faculty
After two grand juries failed to indict the police officers that killed Michael Brown and Eric Garner in 2014, our nation has engaged in polarizing discussions about how juries reach their decision. The very legitimacy of our justice system has come into question. Increasingly, deep concerns have been raised concerning the role of race and gender in jury decision-making in such controversial cases. Tracing the roots of juror decision-making is especially complicated when jurors’ race and gender are factored in as considerations. This Article relies on social science research to explore the many cross-sectional challenges involved in the jurors’ decision …
Impact Of Community Treatment And Neighborhood Disadvantage On Recidivism In Mental Health Courts, Woojae Han
Impact Of Community Treatment And Neighborhood Disadvantage On Recidivism In Mental Health Courts, Woojae Han
Legacy Theses & Dissertations (2009 - 2024)
The purpose of the study is to investigate the impact of community treatment and neighborhood disadvantage on recidivism among offenders with mental health problems in Mental Health Courts (MHCs) and in traditional courts. Although treatment is believed to lead to reduced recidivism for offenders with mental illness, little research has been conducted for MHC participants. Further, neighborhood disadvantage are known to influence recidivism generally, but environmental factors have not been examined in the MHC context.
Exploring Racial Differences In System Treatment And Criminal Justice Involvement : A Criminal Career Perspective, Jaeok Kim Kim
Exploring Racial Differences In System Treatment And Criminal Justice Involvement : A Criminal Career Perspective, Jaeok Kim Kim
Legacy Theses & Dissertations (2009 - 2024)
The overrepresentation of racial minorities is one of the key issues of the contemporary U.S. criminal justice system, and has motivated many studies to explore the cause and extent of the resulting disparities in the system. My dissertation consists of three separate papers, which contribute to the understanding of such disparities through unique approaches. Additionally, using both self-reported and official administrative datasets, I identify the strengths and limitations inherent to each type of data source, and discuss ways to increase the accuracy of the estimates of interest.
Live Fast, Die Young : Anticipated Early Death And Adolescent Violence And Gang Involvement, Arna Leigh Carlock
Live Fast, Die Young : Anticipated Early Death And Adolescent Violence And Gang Involvement, Arna Leigh Carlock
Legacy Theses & Dissertations (2009 - 2024)
Strategies employed by criminal justice agencies to reduce offending often focus on deterrence, with policies relying on the threat of punishment to discourage individuals from crime. However, such strategies will fail if individuals do not fear these consequences, or when potential rewards of offending outweigh the risks. According to life history theory, adolescents with a dangerous or unpredictable childhood environment discount the future and engage in risky behaviors because they have little to lose. Many adolescents embody this “live fast, die young” mentality, particularly those already at risk of delinquency due to other factors. The scientific literature refers to this …
Work-Family Structures And Cross-National Rates Of Women's Offending, Samantha Applin
Work-Family Structures And Cross-National Rates Of Women's Offending, Samantha Applin
Legacy Theses & Dissertations (2009 - 2024)
This dissertation examines women’s offending from a cross-national perspective, using a theoretical lens that integrates insights from feminist and criminological scholarship. The analysis is based on a pooled cross-sectional time-series design, assessing data from 32 European countries for five time points between 1995 and 2010. The purpose of the dissertation is to determine how the effects of work-family and gender indicators are moderated by women’s labor force participation when it comes to predicting women’s theft and homicide. Inclusion of men’s offending helps discern the extent to which the effects of the predictors are specific to the illegitimate behaviors of women, …
A Kind Of Peace : The Real World Of Firearms Owners, Zachary Miner
A Kind Of Peace : The Real World Of Firearms Owners, Zachary Miner
Legacy Theses & Dissertations (2009 - 2024)
This dissertation addresses the topics of stigma and legal consciousness through close examination of the attitudes and life experiences of legal gun owners in upstate New York. Based in the symbolic interactionist tradition, and using a grounded theory approach, this project explores data gathered from participant-observation sessions, and semi-structured interviews with 37 participants. Analysis of this data reveals that respondents highlight safety, responsibility, skillful operation, and fun as the primary values they associate with the ownership and use of firearms. Additionally, in a departure from previous research in this area, respondents reported few individual experiences of social stigma, and engage …
Association Between Incarceration History And Hepatitis C Virus In People Who Inject Drugs In Five Regions Of Ukraine, Anna Meteliuk
Association Between Incarceration History And Hepatitis C Virus In People Who Inject Drugs In Five Regions Of Ukraine, Anna Meteliuk
Legacy Theses & Dissertations (2009 - 2024)
Abstract
Prisons And Power : Carceral Coloniality In Hybrid Post-Neoliberal Venezuela, Cory Fischer-Hoffman
Prisons And Power : Carceral Coloniality In Hybrid Post-Neoliberal Venezuela, Cory Fischer-Hoffman
Legacy Theses & Dissertations (2009 - 2024)
This dissertation examines contemporary Venezuela’s dual prison system--in which half of the prison population is incarcerated in internally controlled prisons run by armed inmates, and the other half are locked up in the Bolivarian Government’s restricted “New Regime” prisons. The Venezuelan state formation is conceptualized as ‘hybrid post-neoliberal,’ demonstrating how rationalities of a liberal rentier state and neoliberalism, combined with anti-neoliberal logics all act together in competing yet co-existing ways in the post-neoliberal era, which was initiated by the 1999 Bolivarian Revolution. The central question examines the “work” of the prison in the (re)production of power relations and how policies, …
Terrorist Ideology And Behavior : An Examination Of The Behavior Of Known And Unknown Perpetrators, Rose Bellandi
Terrorist Ideology And Behavior : An Examination Of The Behavior Of Known And Unknown Perpetrators, Rose Bellandi
Legacy Theses & Dissertations (2009 - 2024)
The terrorist decision-making process is the key component of understanding the types of attacks terrorists execute, and the group’s ideology is the goal-orientation portion of that rational decision-making process. Terrorist group ideology determines a number of aspects of the decision-making process that expand or limit the targets groups will attack and the tactics they will use to achieve their larger ideological goals. These aspects include: a group’s long-term goals, short-term objectives, an attack’s purpose, the audience, the group’s constituency, its enemies, and its message. Terrorism is a tactic of asymmetrical warfare and a unique form of violent crime. Acts of …
Criminal Specialization In The Criminal Justice Context, Shi Yan
Criminal Specialization In The Criminal Justice Context, Shi Yan
Legacy Theses & Dissertations (2009 - 2024)
The dissertation consists of two studies. Study 1 examines how criminal specialization predicts the sentencing outcomes. Theories of sentencing have pointed out the association between the sentence and the assessment of the defendant’s risk and culpability, and one of the most important indicators of an individual’s risk is his or her criminal records. Most quantitative studies of sentencing today take criminal records into consideration by controlling for the number of prior criminal justice contacts, and overlook the nature of the prior crimes. The concept criminal specialization refers to the tendency for an individual to repeat the same or a set …
Exploring The Association Between Perceived Safety Of Household Children In The Neigborhood And Levels Of Depressive Symptoms Among Spanish Speaking Latina Adults Living In A High Crime, Low Income Neigbhorhood, Randall Stetson
Legacy Theses & Dissertations (2009 - 2024)
Previous research has confirmed that neighborhood level social factors (e.g. crime, safety) present chronic stressors that increase risk for depression in residents of economically disadvantaged neighborhoods. U.S. Latinos experience higher levels of poverty and thus are more likely to live in poor neighborhoods. In this study it was hypothesized that adult Latina women who reported (1) higher levels of worry regarding the general safety of their household children in the neighborhood, (2) higher levels of worry regarding influence of bad friends on their household children, and (3) higher levels of worry regarding their household children being exposed to drugs and …
Examining Law Enforcement Analysis And Intelligence Capabilities : A Case Study Of Urban Policing, Shelagh Dorn
Examining Law Enforcement Analysis And Intelligence Capabilities : A Case Study Of Urban Policing, Shelagh Dorn
Legacy Theses & Dissertations (2009 - 2024)
Extant research, concerning police use of intelligence analysis, hypothesizes that police culture and information-sharing partnerships may affect outputs of intelligence analysis. Previous efforts have provided overviews of criminal intelligence analysis, without examining organizational and structural factors which might affect the genesis and use of intelligence and crime analysis. Examining the role and impact of both analysis and information sharing in law enforcement has been largely absent, and based on current research, it is difficult to determine what accounts for law enforcement variation in the knowledge, use, and demand for crime and intelligence analysis. Ashton Police Department’s (APD) Information Coordination Unit …
Asymmetry Between Behavioral And Physiological Responses To Stress In Children And The Role Of Depressive Symptoms, Stephanie Emhoff
Asymmetry Between Behavioral And Physiological Responses To Stress In Children And The Role Of Depressive Symptoms, Stephanie Emhoff
Legacy Theses & Dissertations (2009 - 2024)
Research indicates that asymmetry between behavioral and physiological indicators of stress is associated with impairment in physical and psychological health, which may be particularly problematic for child development. The present study examines the impact of depressive symptoms on the relation between behavioral and physiological responses to stress in a sample of 49 youth (ages 9-12). During exposure to an in-lab psychosocial stressor, two laboratory personnel coded participant stress behaviors. These behaviors were later categorized into factors through an exploratory factor analysis. To assess for reactivity in physiological stress response systems, saliva samples were collected at baseline and following the stressor …