Digital Commons Network^™

The Agnostic’S Guide To Judicial Selection, James Sample

Hofstra Law Faculty Scholarship

The vast majority of judicial selection discussions, whether in academia, on the bench, or in the bar, portray an unintended erudition. Although dressed down in the sartorial language of pragmatics, judicial selection debates are, albeit unintentionally, actually abstract philosophical discussions of competing Platonic Forms. The debates exist in an ethereal realm entirely separate from the earthly grime of the manner in which judges are actually selected. This Article asserts that, while the Forms debate has its place, its high temperatures, infinite circularity, and the chasm of separation from the actual day-to-day grind of administering justice for the rule of law’s …

Machismo Predicts Prejudice Toward Lesbian And Gay Individuals: Testing A Mediating Role Of Contact, Michiyo Hirai, Serkan Dolma, Jason R. Popan, Mark H. Winkel

Psychological Science Faculty Publications

This study examined the relationship between traditional machismo and prejudice toward lesbian and gay individuals as mediated by contact in a Latino college sample. Gender was examined as a potential moderator. Undergraduate students from a public university in South Texas (128 males and 447 females; mean age = 22.1. SD = 4.75) completed online measures of prejudice toward lesbian and gay individuals, machismo, and contact experience with lesbian and gay individuals. Contact significantly mediated the relationship between machismo and anti-gay prejudice, yet this indirect effect was relatively small. Significant direct and indirect effects of machismo on prejudiced attitudes toward lesbian …

Engaging Without Exposing: Use Of A Fictional Character To Facilitate Mental Health Talk In Focus Groups With Men Who Have Been Subject To The Criminal Justice System, Christabel Owens, Mary Carter, Deborah Shenton, Richard Byng, Cath Quinn

Peninsula Medical School

In an effort to encourage men with experience of being subject to the criminal justice system to contribute to focus group discussions on the sensitive topic of mental health, while also doing our utmost to protect them from discomfort or risk of exploitation, we used a novel technique involving the creation of a fictional character, supplemented by an audio-recorded vignette. We studied the role played by this technique in achieving our stated aims of “engaging without exposing.” In this article, we report on the use of this technique in three focus groups, showing how in very different ways it shaped …

Health Trainer-Led Motivational Intervention Plus Usual Care For People Under Community Supervision Compared With Usual Care Alone: A Study Protocol For A Parallel-Group Pilot Randomised Controlled Trial (Strengthen), Tom P. Thompson, Lynne Callaghan, Emma Hazeldine, Cath Quinn, Samantha Walker, Richard Byng, Gary Wallace, Siobhan Creanor, Colin Green, Annie Hawton, Jill Annison, Julia Sinclair, Jane Senior, Adrian H. Taylor

Peninsula Medical School

IntroductionPeople with experience of the criminal justice system typically have worse physical and mental health, lower levels of mental well-being and have less healthy lifestyles than the general population. Health trainers have worked with offenders in the community to provide support for lifestyle change, enhance mental well-being and signpost to appropriate services. There has been no rigorous evaluation of the effectiveness and cost-effectiveness of providing such community support. This study aims to determine the feasibility and acceptability of conducting a randomised trial and delivering a health trainer intervention to people receiving community supervision in the UK.Methods and analysisA multicentre, parallel, …

One Strike And You Are Out? Judicial Review Of Criminal Matters And Interpretation Of The Procedural Rule On "Totally Without Merit" Applications, Pd Von Berg, B Rich

School of Law, Humanities and Social Sciences

No abstract provided.

The Credibility Gap: The Objectification Of Child Victims Of Sexual Abuse 1880-1980, Ka Stevenson

School of Law, Humanities and Social Sciences

No abstract provided.

Revenge Pornography: The Influence Of Perpetrator-Victim Sex, Observer Sex And Observer Sexting Experience On Perceptions Of Seriousness And Responsibility, Adrian J. Scott, Jeff Gavin

Research outputs 2014 to 2021

Purpose: Drawing on gender-role stereotypes and defensive attribution theory, the purpose of this paper is to investigate the influence of perpetrator-victim sex, observer sex and observer sexting experience on perceptions of seriousness and responsibility in the context of revenge pornography.

Design/methodology/approach: In total, 239 university students read one of two versions of a hypothetical scenario, responded to items concerning their perceptions of the situation described, and responded to items concerning their sexting experience.

Findings: Men were more likely to believe the situation was serious when it involved a male perpetrator and a female victim rather than vice versa. However, perpetrator-victim …

Prospective Subgroup Analyses Of The Randomized Mcl‐002 (Sprint) Study: Lenalidomide Versus Investigator's Choice In Relapsed Or Refractory Mantle Cell Lymphoma, L Arcaini, T Lamy, J Walewski, D Belada, Et Al

Peninsula Medical School

In the mantle cell lymphoma (MCL)-002 study, lenalidomide demonstrated significantly improved median progression-free survival (PFS) compared with investigator's choice (IC) in patients with relapsed/refractory MCL. Here we present the long-term follow-up data and results of preplanned subgroup exploratory analyses from MCL-002 to evaluate the potential impact of demographic factors, baseline clinical characteristics and prior therapies on PFS. In MCL-002, patients with relapsed/refractory MCL were randomized 2:1 to receive lenalidomide (25 mg/day orally on days 1–21; 28-day cycles) or single-agent IC therapy (rituximab, gemcitabine, fludarabine, chlorambucil or cytarabine). The intent-to-treat population comprised 254 patients (lenalidomide, n = 170; IC, n = …

"Can You Hear Me Now?": The Role Of Hip-Hop In The Identity And Personal Epistemology Of Black Girls, Ashley Nicole Payne

Electronic Theses and Dissertations Archive

Hip-hop has been shown to be a significant force of identity, knowledge, and cultural development, particularly for Black youth (Brown, 2009; Emdin, 2010; Hill, 2009; Love, 2012). Building on research surrounding identity and knowledge development within hip-hop, this Black/hip-hop feminist research study seeks to understand the role that hip-hop plays in the lives, identity and personal epistemology of Black adolescent girls. The following research questions guided this study: (1) What role does hip-hop (i.e., rap, dance, and graffiti) play in the lives of Black girls? (2) How does hip-hop inform racial and gendered identity for Black girls? (3) How do …

An Exploratory Study Of Jury Representativeness In Ireland, Josephine Mulherin

Dissertations

This research explores the representative nature of jury pools in Ireland and examines how the various stages involved in the jury selection process have the potential to compromise the achievement of a representative jury. Specifically this research addresses how the categories of those who failed to respond to their jury summons, those who were deemed ineligible or disqualified, and those who were excused as of right and for good reason shown, impact the achievement of a representative jury. The headings under which representativeness were examined included age, gender, occupation and nationality. The study was conducted using mixed methodologies and involved …

Apology Effectiveness: The Impact Of Prior Wrongful Behaviour And Voluntariness Of Apologies Within Juvenile Justice, Isolde Larkins

Theses : Honours

The justice system diverts young offenders away from further contact through restorative justice processes. Juvenile justice conferencing allows for the goals of restorative justice to be met, including meeting the needs of victims and offenders. Apologies, when offered by offenders to victims within a conferencing setting, can assist with meeting these restorative goals. Apologies, however, need to be effective to have the desired outcome. Several variables influence the effectiveness of apologies, including the perceived voluntariness of apologies, with prompted apologies reducing apology effectiveness. The reduced effectiveness of prompted apologies might be an issue during conferencing as some offenders are prompted …

In Defense Of Territorial Jurisdiction, Cody Jacobs

Faculty Scholarship

As the story is traditionally told, the minimum contacts test introduced in International Shoe v Washington freed personal jurisdiction from the dark age of territorialism and gave courts the flexibility to expand the scope of personal jurisdiction to keep pace with modern society. While scholars have critiqued the minimum contacts test on a number of grounds, the narrative that the Territorial Model was inherently problematic—and that Shoe was a step in the right direction— has gone largely unchallenged.

This Article challenges that narrative and argues for a return to the Territorial Model. While Shoe is traditionally cast as a step …

The Role Of Section 718.2(A)(Ii) In Sentencing For Male Intimate Partner Violence Against Women, Isabel Grant

All Faculty Publications

This article examines sentencing for male intimate partner violence against women since the 1996 enactment of s 718.2(a)(ii) of the Criminal Code, which requires that a spousal/common-law relationship between an offender and victim be considered an aggravating factor in sentencing. The article argues that, while in general appellate courts in Canada are taking this violence seriously, cases involving level I sexual assaults still demonstrate the longstanding tendency to treat the intimate relationship as mitigating. Further appellate guidance is necessary on how courts should reconcile s 718.2(a)(ii) with s 718.2(e), which requires that all options other than incarceration be considered when …

Comparison Of Empathy, Burnout, And Attitudes Toward Sex Offender Treatment Among Mental Health Professionals, Melanie E. Mivshek

All-Inclusive List of Electronic Theses and Dissertations

With a recent increase in convicted sex offenders and mandated treatment for sexual offending there has been an increase in the number of mental health professionals providing this treatment. Little empirical research has been devoted to this group of mental health professionals and how they may differ from other mental health professionals. The present study explored how mental health professionals in correctional settings, community-based settings, and those providing sex offender treatment differ on levels of empathy, burnout, and attitudes toward sex offender treatment. Moreover, the study explored whether there was a relationship between empathy, burnout, and attitudes toward sex offender …

Reading Between The Crimes: Online Media’S Representation Of Aboriginal And Torres Strait Islander People’S Interaction With The Criminal Justice System In Post-Apology Australia, Jonathan Cannon

Theses: Doctorates and Masters

Australian research confirms that Aboriginal and Torres Strait Islander people experience high levels of social inequality, racism and injustice. Evidence of discrimination and inequality is most obvious within the criminal justice system where they are seriously over-represented. The Australian news media plays a large part in reinforcing Aboriginal and Torres Strait Islander inequality, stereotypes and racist ideology within specific situations such as the Northern Territory Emergency Response and the Redfern riots. This study widens the scope from how the media reports a single criminal justice event to how the media reports Aboriginal and Torres Strait Islander people’s interaction with the …

Deferred Prosecution Agreements In Singapore?, Eunice Chua

Research Collection Yong Pung How School Of Law

On 15 January 2018, Minister for Law and Home Affairs K Shanmugam said at a dialogue organised by the Law Society that deferred prosecution agreements (DPAs) could be introduced in Singapore as part of proposed changes to the criminal justice system. DPAs are agreements by the prosecutor to suspend prosecution of a corporate entity if it complies with specific conditions. If the corporation fails to comply with the conditions, the prosecution may resume. This post examines the case for and against DPAs and explores the issues they may present in the Singapore context.

The Impact Of Human Trafficking In Asean: Singapore As A Case-Study, Jaya Anil Kumar

Research Collection Yong Pung How School Of Law

Southeast Asia remains a notorious hotbed for human trafficking. The seriousness of the problem has led to the emergence of various initiatives to combat human trafficking. This paper seeks to address why human trafficking in Southeast Asia remains a contentious issue despite the various initiatives put in place for its eradication. ASEAN Member States, including Singapore, can only resolve the current inertia when it comes to combatting trafficking-in-persons (TIP) by adopting a multidimensional, and multistakeholder approach to the problem. Within Singapore, it is recommended that the Prevention of Human Trafficking Act should be amended such that it provides greater protection …

Young People Who Fireset In Western Australia: Peer Group Influences And Impulsiveness Trump Consequences, Catherine Analise Timms

Theses: Doctorates and Masters

The paradoxical character of fire is perfectly captured by the juxtaposition between the initial ease and excitement of lighting fires, and fire’s destructive and uncontrollable nature. Australia is fire prone with its hot, dry climate, volatile vegetation and urban sprawl surrounded by bushland. Since an estimated 50% of fires lit in Australia are deliberate (Stanley & Read, 2016) the problem of intentional firesetting cannot be overstated. This thesis argues that youth firesetting requires both macro- and microlevel approaches to appreciate the complexities of the problem, and aims to identify applicable and directed responses to minimise youth firesetting. Study one analysed …

Social Justice For Sex Trafficked Females And Sex Workers In Jordan, Nora Tawfiq Samoudi (Dekaidek)

Theses: Doctorates and Masters

This thesis explores social practices, policies and laws constituting criminal and social justice approaches to providing services and amenities for the sex trafficked females in Jordan. As the discussion of sex trafficked females overlaps with sex workers, this research explores the human rights of both groups who experience different forms of gender-based violence. To understand the protection, care and support that Jordan provides, I interviewed seven service providers offering protection for victims of sex trafficking. Also, I analysed the semiprohibitionist Jordanian Penal Code and the Human Trafficking Legislation that criminalise sex trafficking perpetrators and sex-related actions. This research relies on …

Give Them A Chance: Public Attitudes To Sentencing Young Offenders In Western Australia, Suzanne Ellis, Natalie J. Gately Dr, Shane Rogers, Andree Horrigan

Research outputs 2014 to 2021

Public opinion is often reported as punitive towards sentencing young people. Attitudes remain important to investigate given their potential to influence policy within the criminal justice system. Therefore, it is important to understand the formation of these attitudes and their consistency with sentencing principles. Semi-structured interviews (n = 72) and surveys (n = 502) were used to gauge opinions of sentencing young people under different scenario manipulations (age, weapon, drug treatment, prior record). The findings revealed the public expected punishment, but favoured rehabilitation with an opportunity to repent, suggesting the public are open to alternatives to ‘tough on …

An Overview Of Psychology And Law And Forensic Psychology In Australia, Alfred Allan, Anthony D. Cole, Donald M. Thomson, Cate L. Parry

Research outputs 2014 to 2021

Psychology’s roots in Australia go back to 1881, but the first documented evidence of psychology-and-law (psycholegal) research and psychologists working in court and correctional settings only emerged in 1949. The activities of psycholegal researchers and psychologists providing services to the correction, investigative and justice systems are not well-documented. Our aim in this paper is to start recording the histories of these people and the development of the psycholegal and forensic psychology fields. We do this primarily by examining publications and conference papers and recording our and other people’s personal recollections. We specifically record psychologists’ interaction with lawyers, their concerns about …

Why Not Believe Women In Sexual Assault Cases?: An Engagement With Professors Tuerkheimer, Colb, And Many Others, Dan Subotnik

Touro Law Review

No abstract provided.

You Be The Judge: The Wholesale Implementation Of Bail Schedules By The Judiciary As An Abdication Of Adjudicatory Responsibility Creating A Disparate Impact For African-Americans And Hispanics Accused Of A Criminal Offense, Taurus Myhand

Scholarly Works

The presumption of innocence is not well illustrated in the age-old and widespread use of monetary bail systems by most jurisdictions throughout the United States. In fact, whether a person is detained in jails prior to the final disposition of the case, is not likely to be dependent on the strength of the government’s case toward proving the accusee’s guilt. Rather, pre-trial detention is much more dependent on whether the accusee has the means to pay an amount of money determined by a court.

As the calls for bail reform resurges, many legal professionals are looking for alternatives to monetary …

Why Courts Fail To Protect Privacy: Race, Age, Bias, And Technology, Bernard Chao, Catherine Durso, Ian Farrell, Christopher Robertson

Faculty Scholarship

The Fourth Amendment protects against unreasonable “searches and seizures,” but in the digital age of stingray devices and IP tracking, what constitutes a search or seizure? The Supreme Court has held that the threshold question is supposed to depend on and reflect the “reasonable expectations” of ordinary members of the public concerning their own privacy. For example, the police now exploit the “third party” doctrine to access data held by email and cell phone providers, without securing a warrant, on the Supreme Court’s intuition that the public has no expectation of privacy in that information. Is that assumption correct? If …

The Continuing Duty In Reality: A Preliminary Empirical Look, David M. Siegel, Tigran W. Eldred

Faculty Scholarship

The continuing duty of criminal defense counsel to their former clients, even when those former clients bring post-conviction actions alleging ineffective assistance of counsel, has existed as a national practice standard in capital cases since at least 1987. In addition to its inclusion in the ABA’s Guidelines for the Appointment and Performance of Counsel in Death Penalty Cases since 1989, duties to former clients exist in state ethics rules as well as the ABA Model Rules of Professional Conduct. The duty has been further operationalized in non-capital litigation through a 2010 ABA formal ethics opinion concerning disclosures by trial counsel …

Eyes Wide Open: What Social Science Can Tell Us About The Supreme Court's Use Of Social Science, Jonathan Feingold, Evelyn Carter

Faculty Scholarship

In McCleskey v. Kemp, the Supreme Court rendered statistical evidence of racial disparities doctrinally irrelevant to a criminal defendant’s equal protection claim. Fifteen years later in Grutter v. Bollinger, Chief Justice Rehnquist—part of the McCleskey majority—invoked admissions data to support his conclusion that the University of Michigan Law School had unconstitutionally discriminated against White applicants. This facially inconsistent treatment of statistical data invites the following inquiry: Why do judges (including Supreme Court Justices) rely on social science in some cases, yet reject it in others? We suggest that one answer lies at the intersection of Critical Race Theory and empirical …

Introduction: Canada's Chief Justice: Beverley Mclachlin's Legacy Of Law And Leadership, Marcus Moore

All Faculty Publications

Summarizes the legacy of law and leadership of Beverley McLachlin, the longest-serving Chief Justice of the Supreme Court of Canada (2000-2017), and first female Chief Justice.

Capitalizing On Criminal Justice, Eisha Jain

Faculty Publications

No abstract provided.

Proportionality And Other Misdemeanor Myths, Eisha Jain

Faculty Publications

No abstract provided.

Devalued Liberty And Undue Deference: The Tort Of False Imprisonment And The Law Of Solitary Confinement, Efrat Arbel

All Faculty Publications

Despite numerous calls for reform and restraint, solitary confinement continues to be both misused and overused in Canadian prisons. This paper charts a path through which to address such misuse, but analyzing solitary confinement through the tort of false imprisonment. This analysis is new: while some scholars have examined how other branches of tort law can address harms caused by solitary confinement, none have examined the application of this tort. I argue that the tort of false imprisonment provides segregated prisoners with an effective means through which to seek compensation for individual harm. As an intentional tort that is actionable …