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Does The Death Penalty Require Death Row? The Harm Of Legislative Silence, Marah Stith Mcleod

Journal Articles

This Article addresses the substantive question, "Does the death penalty require death row?" and the procedural question, "Who should decide? In most capital punishment states, prisoners sentenced to death are held, because of their sentences alone, in far harsher conditions of confinement than other prisoners. Often, this means solitary confinement for the years and even decades until their executions. Despite a growing amount of media attention to the use of solitary confinement, most scholars and courts have continued to assume that the isolation of death-sentenced prisoners on death row is an inevitable administrative aspect of capital punishment. To the extent …

Reentering Survivors: Invisible At The Intersection Of The Criminal Legal System And The Domestic Violence Movement, Courtney K. Cross

Articles

Like all returning citizens, women coming home after incarceration face significant challenges to successful reentry. In addition to the collateral consequences of their criminal convictions, reentering women also encounter uniquely gendered obstacles. This Article explores one such obstacle: the relationship between women's reentry and domestic violence. Women on probation or parole who are also experiencing domestic violence too often fall into a blind spot in which the structure of community supervision pressures them to remain in unsafe homes and also punishes them when the abuse they endure interferes with their ability to comply with the conditions of their release. Because …

Clientless Prosecutors, Russell M. Gold

Articles

No abstract provided.

Fashioning Children: Gender Restrictive Dress Codes As An Entry Point For The Tans School To Prison Pipeline, Deanna J. Glickman

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Still Searching For The Tzutzu Flower: Cautions Against Extending The Federal Analogue Act Of 1986, Audrey Redford

University of Florida Journal of Law & Public Policy

No abstract provided.

Emerging Clinical Research Demonstrates The Importance Of Adhering To Federal Sentencing Guidelines For Defendants Convicted Of Possession Of Child Pornography, Margaret A. Beck

University of Florida Journal of Law & Public Policy

No abstract provided.

It's Not (Fundamentally) Fair!: The Right To Counsel On The Immigration Consequences Of Juvenile Misconduct, Joanna C. Kloet

University of Florida Journal of Law & Public Policy

No abstract provided.

Masthead - Cardozo Arts & Entertainment Law Journal, Vol. 34 (2015-16)

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Constitutional Utopianism: An Exercise In Law And Literature, Susan Herman

Faculty Scholarship

No abstract provided.

United States V. R.V., Eastern District Of New York

Historical and Topical Legal Documents

No abstract provided.

Strafford County 2015 Annual Report Of The Commissioners, Treasurer, Other County Officers And The Strafford County Delegation Strafford County, New Hampshire For The Year Ending December 31, 2015., Stafford County Representatives

Strafford County, NH Annual Reports

This is an annual report containing vital statistics for a county in the state of New Hampshire.

"He Said, She Said": With A Twist, Ronen Perry, Oren Gazal-Ayal, Chen Toubul

SMU Law Review

Many studies have explored the effect of judges’ memberships in social categories, such as gender, ethnicity, religion, age, and political affiliation, on their decisions. No study has investigated whether membership in social categories affects public perceptions of judicial decisions, especially when such membership is suspected to affect one’s perception of reality. This question is important, inter alia, because the argument that the judiciary must be representative or reflective of society is partly linked to the assumption that representation enhances public trust in the judiciary. Such an assumption holds to the extent that lack of representation is perceived by members of …

Bullying Intervention In Adolescence: The Intersection Of Legislation, Policies, And Behavioral Change, Susan M. Swearer, Meredith Martin, Marc Brackett, Raul A. Palacios Ii

Department of Educational Psychology: Faculty Publications

This article reviews current research on bullying during adolescence. The complexity of bullying behaviors during the adolescent time period are discussed and a review of the developmental literature on adolescence provides suggestions for why current bullying prevention and intervention programs are less effective for this age group. Current anti-bullying policies and legislation are reviewed under a framework of adolescent brain development and the development of consequential thinking. Suggestions for implementing social-emotional learning programming during the adolescent period are provided and a novel approach using social media is presented. In order to effectively combat bullying during this developmental period, programming must …

Left Unsaid: The Role Of Work Expectations And Psychological Contracts In Faculty Careers And Departure, Kerryann O’Meara, Jessica Chalk Bennett, Elizabeth Niehaus

Department of Educational Administration: Faculty Publications

Faculty leave higher education institutions for many reasons, including higher salaries, more prestigious departments, lack of collegiality, a better geographic location, and to be closer to family (O'Meara, Lounder, & Campbell, 2014; Rosser, 2004; Smart, 1990; Xu, 2008). At the same time, research suggests that factors such as a higher salary and a more prestigious department are not really "pull" factors if faculty members are satisfied and thriving within their institution (Matier, 1990; O'Meara, 2014). Rather, faculty become predisposed to leave by virtue of dissatisfaction with certain aspects of their work environment (Daly & Dee, 2006; Johnsrud & Rosser, 2002; …

#Blacklivesmatter: This Generation's Civil Rights Movement, Tanika Siscoe

University Honors Theses

Do Black Lives Matter or do All Lives Matter? That question has been the cause of many debates and conversations across America recently. The All Lives Matter response was created to criticize the Black Lives Matter Movement and operates under the assumption that the movement isn’t needed in America because it is a post racial society. This thesis reviews race theories, racial formation in the United States and racist ideology in the pre- and post-Civil Rights era in order to show why the Black Lives Matter Movement is needed. It looks at the influence colorblindness has on the United States …

Ps V Ontario: Rethinking The Role Of The Charter In Civil Commitment, Isabel Grant, Peter J. Carver

Osgoode Hall Law Journal

In PS v Ontario, the Ontario Court of Appeal held that section 7 of the Charter requires that persons who are civilly committed for six months or more must have access to meaningful review over the conditions of their detention. In this paper, the authors argue that the decision has broad implications for provincial civil commitment regimes across the country. In particular, the Court’s analogy to the Criminal Code Review Board jurisprudence opens the door to a fuller recognition of the profound deprivation of liberty involved in civil commitments. An expanded role for civil review tribunals may be required, including …

College Of Psychology Catalog 2016-2017, Nova Southeastern University

College of Psychological Services / College of Psychology Postgraduate Student and Course Catalogs

No abstract provided.

No More Mind Games: Content Analysis Of In-Game Commentary Of The National Football League’S Concussion Problem, Jeffrey Parker

Theses and Dissertations (Comprehensive)

American (gridiron) football played at the professional level in the National Football League (NFL) is an inherently physical spectator sport, in which players frequently engage in significant contact to the head and upper body. Until recently, the long-term health consequences associated with on the field head trauma were not fully disclosed to players or the public, potentially misrepresenting the dangers involved in gameplay. Crucial to the dissemination of this information to the public are in-game televised commentators of NFL games, regarded as the primary conduits for mediating in-game narratives to the viewing audience. Using a social constructionist theoretical lens, this …

You Will Be Punished: Media Depictions Of Missing And Murdered Indigenous Women, Caitlin Elliott

Theses and Dissertations (Comprehensive)

The following thesis focuses on media depictions of Canada’s missing and murdered Indigenous women, a list that carries upwards of 1,200 names. The news coverage of these stories is reminiscent of television crime dramas in their depictions of minority victims of crime, specifically in regard to victim blaming. In order to examine this relationship, the present study compares coverage of missing and murdered Indigenous women in Canadian news articles to depictions of victims, particularly minority female victims, within crime procedural television shows. An ethnographic content analysis (ECA) was conducted in order to parse out common themes between news articles featuring …

Pregnancy, Birth, And Mothering Behind Bars: A Case Study Of One Woman's Journey Through The Ontario Criminal Justice And Jail Systems, Sarah Fiander

Theses and Dissertations (Comprehensive)

As more people come under the direct or indirect control of the carceral nation state, it is important to analyze those systems and bodies that contribute to its construction and conservation. Moreover, it is necessary to assess the ability of these social institutions to meet the needs of the individuals under their supervision, as well as to establish a standard of care to which operators of jails, prisons, and other carceral facilities may be held accountable. Criminalized women represent an acutely marginalized segment of the prison population whose distinct gendered needs have been habitually overlooked. The present study aims to …

The Pendulum Swings: Reconsidering Corporate Criminal Prosecution, David M. Uhlmann

Articles

Corporate crime continues to occur at an alarming rate, yet disagreement persists among scholars and practitioners about the role of corporate criminal prosecution. Some argue that corporations should face criminal prosecution for their misconduct, while others would reserve criminal prosecution for individual corporate officials. Perhaps as a result of this conflict, there has been a dramatic increase over the last decade in the use of deferred prosecution and non-prosecution agreements for some corporate crimes, even as the government continues to bring criminal charges for other corporate crimes. To move beyond our erratic approach to corporate crime, we need a better …

Confronting Power In Public Law, Kate Andrias

Articles

In his important and provocative Foreword, Professor Daryl Levinson criticizes American constitutional law for failing to attend sufficiently to questions of power, which he defines as “the ability to effect substantive policy outcomes by influencing what the government will or will not do.” As Levinson details, structural constitutional law has focused on how power is distributed among governmental institutions. It has not consistently or adequately considered how power is — or should be — distributed among social groups. Ultimately, Levinson suggests that the narrow focus of separation of powers law and theory on “equalizing the power of government institutions” lacks …

Anti-Incarcerative Remedies For Illegal Conditions Of Confinement, Margo Schlanger

Articles

Opposition to mass incarceration has entered the mainstream. But except in a few states, mass decarceration has not, so far, followed: By the end of 2014 (the last data available), nationwide prison population had shrunk only 3% off its (2009) peak. Jail population, similarly, was down just 5% from its (2008) peak. All told, our current incarceration rate - 7 per 1,000 population - is the same as in 2002, and four times the level in 1970, when American incarceration rates began their rise. Our bloated prisoner population includes many groups of prisoners who are especially likely to face grievous …

Culture As A Structural Problem In Indigent Defense, Eve Brensike Primus

Articles

In Part I, I will describe the ways in which today's right-to-counsel challenges are similar to and different from those that faced the writers of the 1961 symposium. I will also explain in more detail why the structural conditions of criminal defense work to create (and, to some extent, always have created) a cultural problem in indigent defense delivery systems across the country. In Part II, I will discuss why I believe that we are, once again, facing a moment for potential reform, albeit reform that is different in scope and kind from that which was possible in the 1960s. …

Courting Abolition, Deborah W. Denno

Faculty Scholarship

This Review of Courting Death offers a different take on two of Professor Carol Steiker and Professor Jordan Steiker's major themes: (1) the tension between effecting meaningful reform and legitimatizing legal façades, and (2) the future of the American death penalty. The Review argues several points, one being that the Model Penal Code may have had a larger pre-Furman impact than the Steikers acknowledge. In addition, the Review expands on some key contributors to the death penalty’s decline that may have been obscured by the all-encompassing nature of the Steikers’ regulation argument — for example, the emergence of unforeseeable exogenous …

Should There Be A Specialized Ethics Code For Death-Penalty Defense Lawyers, Bruce A. Green

Faculty Scholarship

State ethics codes based on the ABA Model Rules of Professional Conduct address lawyers' work in advocacy but do not target lawyers' work in particular areas of advocacy or in other specialized practice areas. For more than forty years, critics have asserted that existing ethics rules are too superficial and should be supplemented by specialized rules. This article examines the utility of specialized ethics rules for one particular sub-specialty-death-penalty defense practice. After identifying arguments for and against a specialized ethics code for death-penalty cases, the article analyzes the arguments in the context of a particular ethics dilemma that some death-penalty …

Representations Of Stranger And Non-Stranger Homicide: A Qualitative Content Analysis Of Canadian News Media, Gabriella L. Leone

Theses and Dissertations (Comprehensive)

The news media play a significant role in shaping public narratives about homicide by the particular incidents that journalists choose to report – or not report – on. Newspapers, in particular, lack the benefit of constant imagery, special effects, and live-action reporting that T.V. news reports have, and, as a result, forces newspapers to construct sensational and newsworthy homicide stories in order to be competitive and gain readership. To achieve this, newspapers often disproportionately report on bizarre and atypical homicide incidents, which most frequently involve a stranger or unknown assailant. While there is substantive literature surrounding the newsworthiness of homicide …

Reconsidering Criminal Background Checks: Race, Gender, And Redemption, Kimani Paul-Emile

Faculty Scholarship

No abstract provided.

Admissions Viewbook, 2016-2017, Illinois State University, Office Of Admissions

Admissions Viewbook

Recruitment booklet created by Illinois State University's Office of Admissions

Introduction: New Models For Prosecutorial Accountability, Russell Shapiro

Cardozo Law Review de•novo

The criminal justice system in the United States was established on a simple notion: “that it is better that ten guilty persons escape, than that one innocent suffer.” It is for this reason that a prosecutor’s burden at trial is so demanding, requiring proof beyond a reasonable doubt. Yet, while a vast majority of prosecutors are committed to the highest ethical standards, with troubling frequency, some high profile exonerations shed light on systemic problems, most often involving failures by prosecutors and other law enforcement officials to disclose exculpatory and impeachment evidence as required by Brady v. Maryland.

To address …