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Keeping Gideon’S Promise: Using Equal Protection To Address The Denial Of Counsel In Misdemeanor Cases, Brandon Buskey, Lauren S. Lucas

Fordham Law Review

The Sixth Amendment of the U.S. Constitution guarantees criminal defendants the right to counsel, and the U.S. Supreme Court has made clear that right is applicable to all defendants in felony cases, even those unable to afford a lawyer. Yet, for defendants facing misdemeanor charges, only those defendants whose convictions result in incarceration are entitled to the assistance of counsel. The number of misdemeanor prosecutions has increased dramatically in recent years, as have the volume and severity of collateral consequences attached to such convictions; yet, the Court’s right to counsel jurisprudence in this area has remained stagnant. Critics of the …

Keeping Gideon'S Promise: Using Equal Protection To Address The Denial Of Counsel In Misdemeanor Cases, Brandon Buskey, Lauren Sudeall Lucas

Faculty Publications By Year

The Sixth Amendment of the U.S. Constitution guarantees criminal defendants the right to counsel, and the U.S. Supreme Court has made clear that right is applicable to all defendants in felony cases, even those unable to afford a lawyer. Yet, for defendants facing misdemeanor charges, only those defendants whose convictions result in incarceration are entitled to the assistance of counsel.

The number of misdemeanor prosecutions has increased dramatically in recent years, as have the volume and severity of collateral consequences attached to such convictions; yet, the Court’s right to counsel jurisprudence in this area has remained stagnant. Critics of the …

Collateral Consequences: Living In The Shadow Of A Conviction, Alex Bernas, Kim Bottenberg, Christian Carroll, Brett Clark, Reagan Eggert, Mackenzie Feeley, Alexa Gutierrez, Beth Hopkins, Kimberly Kenney, Jordan Mccroskey, Michelle Murphy, Sheldon Weiss, Brent Willman, Kelsey York

Honors Undergraduate Research

Over the course of fifteen weeks, fourteen students and two professors explored the Criminal Justice System and the immense challenges faced by citizens as they attempt to reintegrate into their communities after being incarcerated. Through the lens of Systems Thinking, a system pioneered and described by Peter Senge, we dissected seemingly unrelated experiences to identify behaviors and patterns that have been intrinsic in the Criminal Justice System since “tough on crime” policies emerged into the early 1970’s. During this time, criminal justice and public opinion moved from a more rehabilitative stance to one of punishment and punitive vengeance on those …

An Empirical Reexamination Of State Statutory Compensation For The Wrongly Convicted, Jeffrey S. Gutman

Missouri Law Review

In Part II, I discuss the cases of Kirk Odom and Santae Tribble brought under the D.C. Act. Those recent cases offer insight into how two different judges approached the difficult remedial questions presented. They also demonstrate how dramatically most statutes undercompensate claimants. In Part III, I describe how I drew data provided by the National Registry of Exonerations, and many other sources, to document which exonerees filed state compensation claims and how those claims were decided. The resulting data show the percentages of exonerees who filed claims and were awarded compensation and the costs of such awards. In Part …

Are All Charter Rights And Freedoms Really Non-Absolute?, Brian Bird

Dalhousie Law Journal

This article challenges the conventional legal wisdom that no right or freedom in the Canadian Charter of Rights and Freedoms is absolute. Section 1 of the Charter is the most commonly cited source of this wisdom, but this provision merely sets out the standard that the state must meet to justify a limit on a Charter right or freedom. Section 1 does not provide advance confirmation that limits satisfying this standard exist for all Charter rights and freedoms. This interpretation, if correct, does not automatically render any of the rights or freedoms in the Charter absolute. Indeed, the standard in …

Understanding The Development Of Private Policing In South Africa, Joseph Yaw Asomah

African Journal of Criminology and Justice Studies

Private policing has been spreading across South Africa. This paper interrogates the context of the development of private policing in the country. Drawing on insights from global security research, governmentality studies, and critical sociological and criminological theory, particularly postcolonial perspective, it addresses these questions: How do we make sense of the growth of private policing in South Africa, and what are the broader security policy implications of the proliferation of private policing in the post-apartheid state? It proposes that the development of private policing reflects a paradigm shift from the collective human security to the individualistic sense of security in …

Taking Aim At Family Violence: A Report On The Dallas County Gun Surrender Program, Laura Choi, Rachel Elkin, Monica Harasim, Natalie Nanasi

Hunter Center Publications

The Dallas County Gun Surrender Program (“the program”) provides domestic violence offenders who are legally barred from possessing firearms a safe and secure way to surrender any guns they own. Existing state and federal laws prohibit offenders from possessing firearms for a statutorily-specified period of time; offenders who violate the law by possessing guns also expose themselves to criminal penalties. However, prior to the launch of the Program, offenders in Dallas County had few ways to comply with these laws or were unaware that they were required to surrender their firearms. As a result, many offenders continued to possess firearms …

Stop The 'Nazzi': Why The United States Needs A Full Ban On Paparazzi Photographs Of Children Of Celebrities, Dayna Berkowitz

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Indian Country Complexities And The Ambiguous State Of Marijuana Policy In The United States, Lauren Adornetto

Buffalo Law Review

No abstract provided.

Handcuffing A Third Grader? Interactions Between School Resource Officers And Students With Disabilities, Elizabeth A. Shaver, Janet R. Decker

Utah Law Review

The expansion of police involvement at schools has had serious implications for students with disabilities. By enacting IDEA, Congress recognized that these students deserve special protections and entitlements. In the most recent amendments to this federal law, Congress included important guidelines regarding functional behavioral assessments (FBAs) and behavior intervention plans (BIPs) to outline how school personnel must respond to undesired behavior of students with disabilities. Recognizing the special behavioral needs of students with disabilities is one way to reduce the current reality where students with disabilities are suspended, expelled, restrained, and secluded at much higher rates than their peers.

Although …

You Have The Right To…What? A Study Of Knowledge Of Americans’ Rights In Criminal Proceedings, Anna Marchiony

Honors Theses

An exploratory questionnaire was developed to assess participants’ knowledge of American rights during criminal proceedings, their confidence in that knowledge, and whether their experiences, professional or recreational, are associated with that knowledge. Questionnaire items covered topics such as Bill of Rights, Miranda Rights, Interviews and Interrogations, Rights During Trial, and Post-Conviction Rights. Demographic variables assessed field of study/employment, encounters with the Criminal Justice System, and viewership of crime-based television shows. Responses were analyzed in an attempt to find patterns in knowledge. Results showed that participants were most knowledgeable regarding the Bill of Rights, rights during a criminal trial, and post-conviction …

The Possibility Of Communal Biases In Alibi Evaluation: The University Of Dayton, Norbert Wessels

Honors Theses

Considering the lack of data surrounding its influences, the current study aims to investigate the influence of identification with a geographic community on the alibi generation process. It does this by examining three questions:

• Do geographic cues allow you to identify with an alibi generator, and therefore have bearing on the evaluation of said alibi?
• Does identification with the alibi generator lead to stronger alibi evaluations?
• Do the answers to the previous two questions indicate bias?

To do this, 104 students at the University of Dayton were asked to engage in an alibi evaluation scenario that judged their opinion on …

Response To The Influence Of Exile: Three Stories, Bill Quigley

Maryland Law Review Online

When I read Professor Sara Rankin’s article, The Influence of Exile,[I was reminded of three recent stories of how law, government, and business worked together to try to exile the homeless in our community. Though all parties continuously profess to be concerned only with the well-being of homeless people themselves, the laws transparently marginalize them. Though the following three stories about the impact of these laws are local to New Orleans, Louisiana, I am absolutely sure there are similar stories of similar happenings in most communities across the nation.

Professor Rankin’s article examines the very big picture …

Together With Tosha Newsletter, Spring 2017, Tennessee. Department Of Labor & Workforce Development.

TOSHA Newsletter

No abstract provided.

Talking Telemedicine And Terminology: The South Carolina Telemedicine Act, Creasie M. Parrott

South Carolina Law Review

No abstract provided.

Does "Precrime" Mesh With The Ideals Of U.S. Justice?: Implications For The Future Of Predictive Policing, Jackson Polansky, Henry F. Fradella

Cardozo Public Law, Policy & Ethics Journal

Both the short story and film Minority Report are premised on a Precrime unit that relies on the psychic abilities of human mutants who can predict the commission of crimes before they occur. Advances in technology suggest that the science fiction depicted in Minority Report may one day become a reality. This paper summarizes the ways in which the criminal justice system currently derives crime predictions and extrapolates from these methods how technology might one day allow police to intervene before crimes are committed with great regularity and accuracy. The paper contemplates how an actual precrime system would struggle to …

The Bail Book: A Comprehensive Look At Bail In America's Criminal Justice System - Introduction, Shima Baughman

Utah Law Faculty Scholarship

Mass incarceration is one of the greatest social problems facing the United States today. America incarcerates a greater percentage of its population than any other country and is one of only two countries that requires arrested individuals to pay bail to be released from jail while awaiting trial. After arrest, the bail decision is the single most important cause of mass incarceration, yet this decision is often neglected since it is made in less than two minutes. Shima Baradaran Baughman draws on constitutional rights and new empirical research to show how we can reform bail in America. Tracing the history …

Mexico Consensus Economic Forecast, Volume 20, Number 2, Thomas M. Fullerton Jr., Adam G. Walke

Border Region Modeling Project

No abstract provided.

Keeping Gideon’S Promise: Using Equal Protection To Address The Denial Of Counsel In Misdemeanor Cases, Brandon Buskey, Lauren S. Lucas

Fordham Law Review

The Sixth Amendment of the U.S. Constitution guarantees criminal defendants the right to counsel, and the U.S. Supreme Court has made clear that right is applicable to all defendants in felony cases, even those unable to afford a lawyer. Yet, for defendants facing misdemeanor charges, only those defendants whose convictions result in incarceration are entitled to the assistance of counsel. The number of misdemeanor prosecutions has increased dramatically in recent years, as have the volume and severity of collateral consequences attached to such convictions; yet, the Court’s right to counsel jurisprudence in this area has remained stagnant. Critics of the …

Keeping Gideon's Promise: Using Equal Protection To Address The Denial Of Counsel In Misdemeanor Cases, Lauren Sudeall, Brandon Buskey

Vanderbilt Law School Faculty Publications

The Sixth Amendment of the U.S. Constitution guarantees criminal defendants the right to counsel, and the U.S. Supreme Court has made clear that right is applicable to all defendants in felony cases, even those unable to afford a lawyer. Yet, for defendants facing misdemeanor charges, only those defendants whose convictions result in incarceration are entitled to the assistance of counsel.

The number of misdemeanor prosecutions has increased dramatically in recent years, as have the volume and severity of collateral consequences attached to such convictions; yet, the Court's right to counsel jurisprudence in this area has remained stagnant. Critics of the …

Justice Scalia And Abortion Speech, Timothy Zick

Faculty Publications

No abstract provided.

Bridging Strategy Versus Buffering Strategy: Enhancing Crisis Management Capability In Public Management For Relational And Reputational Improvement, And Conflict Avoidance, Soojin Kim, Arunima Krishna

Research Collection Lee Kong Chian School Of Business

This study seeks to understand the effectiveness ofan organization’s communication strategy in enhancing its crisis managementcapability in public management. The relationships between two types ofcommunication strategies (bridging and buffering), crisis management capabilityin public management, relational improvement, reputational improvement, andconflict avoidance have been tested in this study to suggest how anorganization’s overall strategic orientation may help its ability to weather acrisis. A survey of communication managers was conducted in South Korea with 105responses, representing 105 organizations. Results revealed that organizations whichare predisposed toward adopting the bridging strategy as their maincommunication strategy are likely to report better crisis management capabilityin public management, …

Police-Worn Body Cameras: An Antidote To The 'Ferguson Effect'?, Alberto R. Gonzales, Donald Q. Cochran

Law Faculty Scholarship

You are a police officer working the night shift in a major U.S. city. In the dark hours of the early morning, you come across a group of young males in a part of the city known for criminal activity. When they see your patrol car, the young men stop what they are doing and look away quickly. All of your training, as well as the instincts that you have developed over years patrolling these same streets, tells you to stop and at least attempt to start a conversation with the group to determine whether criminal activity is afoot and …

Changing In Place: The Skillman Foundation, Detroit, And The Good Neighborhoods Initiative -- How Did A Hometown Grantmaker Conduct And Conclude Its Largest-Ever Initiative?, Marie Colombo, Bob Tobin

The Foundation Review

At work where Detroit’s kids live. In 2006, the Skillman Foundation committed $100 million to a decade-long investment in six neighborhoods. (See Figure 1, page 83.) Through this Good Neighborhoods Initiative, the foundation directed a majority of its grantmaking toward an intensive focus on changing the conditions where, at the time, one-third of Detroit’s children lived. The goal was to ensure that children in those places were safe, healthy, welleducated, and prepared for adulthood.

The initiative concluded in 2016, ultimately spanning 11 years and involving $122 million in grants, which represented 67 percent of the Foundation’s total grant spending in …

Partnership With Government: An Exit Strategy For Philanthropies?, Colin Knox, Padraic Quirk

The Foundation Review

This article is a case study of Atlantic Philanthropies’ work in Northern Ireland, where it supported three thematic intervention areas: aging; children and young people; and reconciliation and human rights. Atlantic, a limited-life foundation that has been making grants since 1982 in eight countries, will close down by 2020 and is engaged in an exit strategy.

Atlantic’s original funding approach involved supporting key nongovernmental organizations to drive and advocate for change; its work helped to support and consolidate the peace process in that country. Its exit strategy has involved a formal partnership arrangement with the Northern Ireland Assembly to take …

Women In Community Corrections In New York City: Hiv Infection And Risks, Nabila El-Bassel, Phillip Marotta, Stacey Shaw, Mingway Chang, Xin Ma, D Goddard-Eckrich, Tim Hunt, Karen Johnson, Sharun Goodwin, Maria Almonte, Louisa Gilbert

Faculty Publications

Although the incidence of HIV among women on probation, parole and alternatives to incarceration programs is significant to public health, drivers of this concentrated epidemic among women under community corrections remain understudied. This study examined prevalence of HIV and sexually transmitted infections and the associations between substance use, sociodemographic factors and the prevalence of biologically-confirmed HIV and other sexually transmitted infections among a sample of 337 substance-using women recruited from community correction sites in New York City. Prevalence of HIV was 13% and sexually transmitted infections was 26% (Chlamydia, trachomatis and Neisseria gonorrhea). After adjusting for covariates, HIVpositive women were …

2017 April, Office Of Communications & Marketing, Morehead State University.

Morehead State Press Release Archive, 1961 to the Present

Press releases for April of 2017.

Working Together: Examining The Effects Of Parental And Community Involvement In Schools On School Delinquency, Erica Nicole Bower

Sociology & Criminal Justice Theses & Dissertations

How do we confront the problem of school delinquency? This study examined the impact of parental and community involvement in schools on school delinquency by employing a cross-sectional secondary data analysis of the 2008 School Survey on Crime and Safety. Bivariate and multivariate analyses demonstrated that parental involvement in schools is significantly associated with and predictive of decreased school delinquency, while community involvement in schools is significantly associated with and predictive of increased school delinquency. Findings suggest that based on school administrator perceptions, stimulating parent involvement in schools and cultivating certain types of community involvement in schools may reduce delinquency …

Using Lidar Data To Analyze Access Management Criteria In Utah, Marlee Lyn Seat

Theses and Dissertations

The Utah Department of Transportation (UDOT) has completed a Light Detection and Ranging (LiDAR) data inventory that includes access locations across the UDOT network. The new data are anticipated to be extremely useful in better defining safety and in completing a systemwide analysis of locations where safety could be improved, or where safety has been improved across the state. The Department of Civil and Environmental Engineering at Brigham Young University (BYU) has worked with the new data to perform a safety analysis of the state related to access management, particularly related to driveway spacing and raised medians. The primary objective …

Performance Study For Capillary Machine-To-Machine Networks, Maisaa Othman Albaghdadi

Theses

Communication technologies witness a wide and rapid pervasiveness of wireless machine-to-machine (M2M) communications. It is emerging to apply for data transfer among devices without human intervention. Capillary M2M networks represent a candidate for providing reliable M2M connectivity. In this thesis, we propose a wireless network architecture that aims at supporting a wide range of M2M applications (either real-time or non-real-time) with an acceptable QoS level. The architecture uses capillary gateways to reduce the number of devices communicating directly with a cellular network such as LTE. Moreover, the proposed architecture reduces the traffic load on the cellular network by providing capillary …