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The Jury Sunshine Project: Jury Selection Data As A Political Issue, Ronald F. Wright, Kami Chavis, Gregory S. Parks

Faculty Publications

In this Article, the authors look at jury selection from the viewpoint of citizens and voters, standing outside the limited boundaries of constitutional challenges. They argue that the composition of juries in criminal cases deserves political debate outside the courtroom. Voters should use the jury selection habits of judges and prosecutors to assess the overall health of local criminal justice: local conditions are unhealthy when the full-time courtroom professionals build juries that exclude parts of the local community, particularly when they exclude members of traditionally marginalized groups such as racial minorities. Every sector of society should participate in the administration …

Implicit Racial Biases In Prosecutorial Summations: Proposing An Integrated Response, Praatika Prasad

Fordham Law Review

Racial bias has evolved from the explicit racism of the Jim Crow era to amore subtle and difficult-to-detect form: implicit racial bias. Implicit racial biases exist unconsciously and include negative racial stereotypes andassociations. Everyone, including actors in the criminal justice system who believe themselves to be fair, possess these biases. Although inaccessible through introspection, implicit biases can easily be triggered through language. When trials involve Black defendants, prosecutors’ summations increasingly include racial themes that could trigger jurors’ implicit biases, lead to the perpetuation of unfair stereotypes, and contribute to racial injustice and disparate outcomes. This Note examines and critiques the …

Nsu M.S. In Criminal Justice Overview 2018, Nova Southeastern University

Abraham S. Fischler College of Education and School of Criminal Justice College Archive

No abstract provided.

Nsu M.S. In Criminal Justice Core Curriculum (15 Credits) Specialty Concentrations (12 Credits) [No Date], Nova Southeastern University

Abraham S. Fischler College of Education and School of Criminal Justice College Archive

No abstract provided.

Nsu M.H.S. In Child Protection Core Curriculum & Concentration [No Date], Nova Southeastern University

Abraham S. Fischler College of Education and School of Criminal Justice College Archive

No abstract provided.

Nsu Ph.D. In Criminal Justice 2018, Nova Southeastern University

Abraham S. Fischler College of Education and School of Criminal Justice College Archive

No abstract provided.

Updated: National Asset Management Agency Act 2009, Revised (Effective May 25, 2018), Ireland: Oireachtas, Brian Lenihan

Documents

No abstract provided.

Law Done Backwards: The Tightening Of Civil And Loosening Of Criminal Protections, Uzair Kayani

Nova Law Review

This article shows how protections for civil defendants arguably exceed protections for criminal defendants, and considers some constitutional and practical implications of this ongoing shift.

An Eye For An Eye Will Make The Whole World Blind: How Restorative Justice Will Help Florida See Again, Amber Massey

Nova Law Review

No abstract provided.

Universities As “Sanctuaries”, Maryam Ahranjani

Scholarly Works

When Donald Trump, a businessman and reality television personality with antiimmigrant views, was elected President of the United States in November 2016, thousands of students, faculty and staff at many colleges and universities around the country implored their institutions to affirmatively declare themselves sanctuaries for undocumented students. Enjoying support both from the estimated 200,000 undocumented university students and other stakeholders, the movement gained quite a bit of momentum, but many contentious battles also have occurred. According to the author's empirical analysis, only twenty of the more than 5,000 institutions of higher education in the United States have adopted the sanctuary …

Realizing Restorative Justice: Legal Rules And Standards For School Discipline Reform, Lydia Nussbaum

Scholarly Works

Zero-tolerance school disciplinary policies stunt the future of school children across the United States. These policies, enshrined in state law, prescribe automatic and mandatory suspension, expulsion, and arrest for infractions ranging from minor to serious. Researchers find that zero-tolerance policies disproportionately affect low-income, minority children and correlate with poor academic achievement, high drop-out rates, disaffection and alienation, and greater contact with the criminal justice system, a phenomenon christened the "School-to-Prison Pipeline."

A promising replacement for this punitive disciplinary regime derives from restorative justice theory and, using a variety of different legal interventions, reform advocates and lawmakers have tried to institute …

Feminist Judging Matters: How Feminist Theory And Methods Affect The Process Of Judgment, Linda L. Berger, Bridget J. Crawford, Kathryn M. Stanchi

Scholarly Works

Professor Linda Berger rejoins her Feminist Judgments: Rewritten Opinions of the United States Supreme Court coauthors in this essay presenting feminism as the foundation for a developing form of rich, complex, and practical legal scholarship-the lens and the means through which we may approach and resolve many legal problems. First, this essay explores the intellectual foundations of feminist legal theory and situates the United States and international feminist judgments projects within that scholarly tradition. It next considers how the feminist judgments projects move beyond traditional academic scholarship to bridge the gap between the real-world practice of law and feminist theory. …

Big Law, Public Defender-Style: Aggregating Resources To Ensure Uniform Quality Of Representation, M. Eve Hanan

Scholarly Works

Stories abound of public defenders who, overwhelmed with high caseloads, allow defendants to languish in pre-trial detention and guilty pleas to be entered without examining the merits of the case. Most defendants cannot afford to hire an attorney, and, thus, have no choice other than to accept the public counsel appointed by the court. In this Essay, I consider whether Professor Benjamin Edwards' central argument in The Professional Prospectus: A Call for Effective Professional Disclosure '-that attorneys should provide potential clients with a prospectus disclosing their performance history-applies to criminal defense. I reject the proposition that most people charged with …

What We Talk About When We Talk About Sanctuary Cities, Michael Kagan

Scholarly Works

In this Essay, Professor Michael Kagan asserts when immigrant rights advocates ask their local, state and university leaders to become "sanctuary cities," "sanctuary states," "sanctuary campuses," and so on, they carelessly hurt immigrants in places like Nevada, Texas, and Arizona. And there are a lot of immigrants in those states. People who mean to help immigrants are hurting them. He first sets out assumptions he makes about the semantics and politics of "sanctuary" debates. These assumptions include setting out the kind of actual policies that are usually under consideration when people invoke the sanctuary label, and a way of understanding …

Justice As Fair Division, Ian C. Bartrum

Scholarly Works

The current hyperpoliticization of the Court grows out of a feedback loop between politicized appointments and politicized decision-making. This Article suggests a change in the internal procedures by which the Court hears and decides particular cases. A three-Justice panel hears and decides each case. Appeal to an en banc sitting of the entire Court would require a unanimous vote of all non-recused Justices. This Article explores several possible approaches in selecting the three-Justice panel. This Article proposes that applying a fair division scheme to the Court's decision-making process might act to reverse this loop and work to depoliticize the Court …

Is The End Of The Opioid Epidemic Near? Florida And Other States Attempt To Address The Crisis By Passing New Limits On Opioid Prescriptions, Danna Khawam

Nova Law Review

No abstract provided.

Deconstructing The Epistemic Challenges To Mass Atrocity Prosecutions, Nancy Amoury Combs

Washington and Lee Law Review

Mass atrocity prosecutions are credited with advancing a host of praiseworthy objectives. They are believed to impose much-needed retribution, deter future atrocities, and affirm the rule of law in previously lawless societies. However, mass atrocity prosecutions will accomplish none of these laudable ends unless they are able to find accurate facts. Convicting the appropriate individuals of the appropriate crimes is a necessary and foundational condition for the success of mass atrocity prosecutions. But it is a condition that is frequently difficult to meet, as mass atrocity prosecutions are often bedeviled by pervasive and invidious obstacles to accurate fact-finding. This Article …

Bankruptcy Law—Rethinking The Discharge Of Late Filed Taxes In Consumer Bankruptcy, Justin H. Dion, Barbara Curatolo

Faculty Scholarship

The 2005 amendments to the Bankruptcy Code, Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) was enacted in order to improve bankruptcy law. However, BAPCPA has made the issue of whether late-filed taxes are dischargeable even murkier than before the amendments. After BAPCPA, some courts continued to analyze claims as they had before the amendment. Others used a “one-day-late rule” that prevented late-filed taxes from being dischargeable—even if the taxes were filed only one day late. This Article suggests a different approach. It argues that the legislature intended tax debt associated with late-filed income tax returns be dischargeable if the …

Plata O Plomo: Effect Of Mexican Transnational Criminal Organizations On The American Criminal Justice System, Mark M. Mcpherson

St. Mary's Law Journal

Abstract forthcoming

Liberals Vs Romantics: Challenges Of An Emerging Corporate International Criminal Law, Carsten Stahn

Case Western Reserve Journal of International Law

Holding bystanders and corporate agents accountable for international crimes is often at the periphery of international criminal justice. Based on its liberal foundations, international criminal law has traditionally been strongly centered on individual agency. In the industrialist cases after World War II, individual criminal responsibility was used to demonstrate and sanction corporate involvement in crime. Ideas of corporate criminal responsibility have been voiced in the post-war era and in the context of the negotiations of the Statute. In recent years, they have witnessed a renaissance in several contexts: the jurisprudence of the Special Tribunal for Lebanon, the Malabo Protocol of …

Corporate Liability For Human Rights Violations: The Future Of The Alien Tort Claims Act, Milena Sterio

Case Western Reserve Journal of International Law

The article discusses issue of corporate liability under the U.S. Alien Tort Claims Act.

Interest In Police Patrol Careers: An Assessment Of Potential Candidates' Impressions Of The Police Recruitment, Selection, And Training Processes, Charles Scheer, Michael Rossler, Leonard Papania

Faculty Publications

Both criminal justice researchers and practitioners have suspected that generational preferences and the nature of police patrol work have acted as dual forces leading potential police recruits away from police careers, resulting in large numbers of unfilled police positions. This challenge is exacerbated by accelerating retirements and expanding police duties. Police recruitment became an even larger managerial issue after the 2008 recession failed to resolve the most critical factor driving people away from police careers in the first place: police departments saw fewer and fewer qualified applicants, despite the recession bringing more applicants in number. In the wake of the …

Fire Officer Leadership Strategies For Cost Management, Rocky Dwyer

Walden Faculty and Staff Publications

The purpose of this paper is to explore leadership strategies of fire officers used by fire office leaders to manage costs associated with hazardous operations. The value of identifying leadership strategies related to hazardous operations cost management may reduce injuries, save lives and ensure adequate budget allocations for fire departments. Social implications include innovative leadership strategies, which may enable fire officers to promote positive social change through saving lives of fire fighters and the citizens they serve.

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

University of the Pacific Law Review

No abstract provided.

Sb 10: Punishment Before Conviction? Alleviating Economic Injustice In California With Bail Reform, Kyle Harrison

University of the Pacific Law Review

No abstract provided.

The Perpetuation Of Mass Incarceration: Analyzing Systemic Effects Of The U.S. Penal System, Lillian Barreto

Theses and Dissertations

This paper is divided into four parts, Part I. Perpetuation of a Disparate System , Part II. Perpetual Marginalization , Part III. My Personal Research and Part IV. Moving Forward . Part I serves to show the pervasive racial disparities throughout the criminal justice system and how these disparities portray a system which discriminates primarily against poor men of color. Part II shows how this community is disadvantaged in various parts of their social, economic and political lives because of the extent of punitivity and criminalization. It explains the way these disadvantages translate to men of color being discriminated against …

The Minority Anti-Hero: Race And Behavioral Justification In Power, Claudia Hernandez

Scripps Senior Theses

This thesis explores the minority anti-hero on television as it relates to concepts of race and behavioral justification. Previous studies have addressed the ways in which whiteness functions advantageously for popular criminal anti-heroes on television, yet little is known regarding the effects of race for similar characters of color. I hypothesized that accessibility of the criminal stereotype does not allow men of color to inhabit the same immoral status as white characters without penalty. I subsequently analyzed the first season from the Starz series Power and conducted a textual analysis using theories of race and hegemonic masculinity to compare the …

Aspirations Of Objectivity: Systemic Illusions Of Justice In The Biased Courtroom, Meagan B. Roderique

Scripps Senior Theses

Given the ever-growing body of evidence surrounding implicit bias in and beyond the institution of the law, there is an equally growing need for the law to respond to the accurate science of prejudice in its aspiration to objective practice and just decision-making. Examined herein are the existing legal conceptualizations of implicit bias as utilized in the courtroom; implicit bias as peripheral to law and implicit bias as effectual in law, but not without active resolution. These views and the interventional methods, materials, and procedures they inspire are widely employed to appreciably “un-bias” legal actors and civic participants; however, without …

The Criminalization Of Poverty: The Impact Of Cash Bail System On Black Women In New Orleans, Salome Kushindana

All Graduate Theses, Dissertations, and Other Capstone Projects

Research on bail practices has shown that most of the people are in jail because of their inability to pay bail set by the court. A 2016 study by the Vera Institute of Justice concluded that the use of the cash bail system disproportionately impacts poor black people in Orleans Parish Prison, the entity that serves as the principal driver of the mass incarceration. With a focus on poor black people in Orleans Parish Prison, the experiences of the impact of the cash bail system on poor black women are still missing.

Using semi-structured interviews and qualitative method of data …

Fornication Prosecutions Beyond The Mainstream Community And The Role Of Community Policing In Early Colonial New England, Bridget Sciscento

Williams Honors College, Honors Research Projects

During the seventeenth century, New England was composed of several independent colonies of varying size and success. In the Puritan and separatist colonies of Massachusetts Bay, New Haven, and Plymouth, entire communities, including “others,” those who were relegated outside of the community on the basis of their status or faith, worked with the theocratical legal system to police sexual morality and preserve social hierarchies that colonists understood to be fundamentally intertwined. This commitment was so strong that these colonies overlooked centuries of English legal custom when drafting harsher fornication laws, relied on the expert testimony of midwives over that of …