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Advocate, Fall 2018, Office Of Development And Alumni Affairs, Usd School Of Law

Advocate

No abstract provided.

Law School Announcements 2018-2019, Law School Announcements Editors

Announcements

• Officers and Faculty
• The Law School - History
• Programs of Instruction
• Curriculum
• Student Activities and Organizations
• Funds and Endowments

A New Framework For Securing, Extracting And Analyzing Big Forensic Data, Hitesh Sachdev, Hayden Wimmer, Lei Chen, Carl Rebman

Computing: Faculty Publications

Finding new methods to investigate criminal activities, behaviors, and responsibilities has always been a challenge for forensic research. Advances in big data, technology, and increased capabilities of smartphones has contributed to the demand for modern techniques of examination. Smartphones are ubiquitous, transformative, and have become a goldmine for forensics research. Given the right tools and research methods investigating agencies can help crack almost any illegal activity using smartphones. This paper focuses on conducting forensic analysis in exposing a terrorist or criminal network and introduces a new Big Forensic Data Framework model where different technologies of Hadoop and EnCase software are …

Runaway Jury: An Analysis Of State Laws Concerning Juror Impeachment, Brenda I. Rowe, Wesley S. Mccann

Criminology and Criminal Justice Faculty Publications (Archived)

The no impeachment rule bars the admission into evidence of juror testimony regarding jury deliberations in proceedings questioning the validity of a verdict. In Pena-Rodriguez v. Colorado (2017), the U.S. Supreme Court created a constitutional exception to the no impeachment rule to allow impeachment of a verdict by a juror’s testimony regarding a fellow juror’s clear statement during jury deliberations indicating reliance on racial bias as a substantial motivating factor for that juror’s vote. This study traces the history of the no impeachment rule, analyzes the Court’s decision in Pena-Rodriguez v. Colorado (2017), examines variation in exceptions provided by states’ …

Virtual Special Issue: Contemporary Theories Of Women And Gendered Public Administration And Policy Administrative Theory & Praxis (Introduction), Nicole Elias, Maria J. D'Agostino

Publications and Research

Introduction by the authors to Virtual Special Issue: Contemporary Theories of Women and Gendered Public Administration and Policy Administrative Theory & Praxis.

Something Old, Something New: Historicizing Same-Sex Marriage Within Ongoing Struggles Over African Marriage In South Africa, Michael W. Yarbrough

Publications and Research

This article examines contemporary struggles over same-sex marriage in the daily lives of black lesbian- and gay-identified South Africans. Based primarily on 21 in-depth interviews with such South Africans drawn from a larger project on post-apartheid South African marriage, the author argues that their current struggles for relationship recognition share much in common with contemporaneous struggles of their heterosexual counterparts, and that these commonalities reflect ongoing tensions between more extended-family and more dyadic understandings of African marriage. The increasing influence of dyadic understandings of marriage, and of associated ideals of romantic love, has helped inspire same-sex marriage claims and, in …

Redbird Impact, Vol. 1, No. 2 (Fall 2018), Center For Community Engagement And Service Learning

Redbird Impact

No abstract provided.

2018 Changes To The Evidence Act And Criminal Procedure Code - The Criminal Justice Reform Bill And Evidence (Amendment) Bill, Siyuan Chen, Eunice Chua

Research Collection Yong Pung How School Of Law

Various portions of the Evidence Act and Criminal Procedure Code were amended in 2018 vide the Criminal Justice Reform Bill and Evidence (Amendment) Bill; this was a continuation of a series of gradual but important changes to the criminal justice system that had begun in 2010 when the old Criminal Procedure Code was replaced. This legislation comment outlines and briefly analyses some of the most substantive changes brought about by the 2018 amendments: the video-recording of interviews in criminal proceedings; the introduction of a psychiatrist panel to regulate the reception of evidence from expert psychiatric witnesses in criminal proceedings; and …

Uprising, Issue 6, Fall 2018, University Of Northern Iowa. Northern Iowa Student Government.

Uprising

Contents:

Women Power --- 6
YE is in the Building --- 10
The Last Straw --- 12
Playing Doubles --- 14
White Noise --- 16
October --- 19
Artist to Watch For --- 20
Player One --- 22
Better Off Without You --- 29
Humanize My Hoodie --- 30
Remember --- 34
Untitled --- 36
Speak Up: A World Women Fear --- 37
Unappreciated --- 41
Cloud Nine --- 42
Doll Face --- 43
Addicted --- 46

The Jim Crow Jury, Thomas W. Frampton

Vanderbilt Law Review

Since the end of Reconstruction, the criminal jury box has both reflected and reproduced racial hierarchies in the United States. In the Plessy era, racial exclusion from juries was central to the reassertion of white supremacy. But it also generated pushback: a movement resisting "the Jim Crow jury" actively fought, both inside and outside the courtroom, efforts to deny black citizens equal representation on criminal juries. Recovering this forgotten history-a counterpart to the legal struggles against disenfranchisement and de jure segregationunderscores the centrality of the jury to politics and power in the post- Reconstruction era. It also helps explain Louisiana's …

Investigating Predictors Of True And False Guilty Pleas, Kelsey S. Henderson, Lora M. Levett

Criminology and Criminal Justice Faculty Publications and Presentations

An estimated 90% to 95% of convictions are obtained via guilty pleas, and roughly 11% of individuals exonerated with the help of the Innocence Project falsely pleaded guilty (innocenceproject.org). Despite the prevalence of guilty pleas (and the existence of false guilty pleas), relatively little scholarship has examined what influences a defendant to plead guilty (Redlich, 2010). In this study, we investigated factors that affected whether guilty and innocent students who were accused of cheating pleaded guilty or took their case before the Student Conduct Committee in a hearing (analogous to a trial). Using social psychological literature on social influence (Cialdini …

A Blade Of Grass Magazine Issue 1: Where?, A Blade Of Grass

A Blade of Grass

Issue 1: Where?

This inaugural issue of A Blade of Grass Magazine engages the tendency of socially engaged art to inhabit everyday places, not just those meant for art.

The Feasibility Of Following Up Prisoners, With Mental Health Problems, After Release: A Pilot Trial Employing An Innovative System, For Engagement And Retention In Research, With A Harder To Engage Population., Cath Quinn, Richard Byng, Deborah Shenton, Cordet Smart, S Mitchie, Amy Stewart, Rod Taylor, Mike Maguire, Tirril Harris, Jenny Shaw

Peninsula Medical School

No abstract provided.

State Of Arizona V. Guy James Goodman: On Petition For A Writ Of Certiorari To The Arizona Supreme Court, Allyson N. Ho, Paul Cassell, Bradley Hubbard, Cristina M. Squiers, Elizabeth A. Kiernan, Steven J. Twist

Utah Law Faculty Scholarship

Arizona’s pending certiorari petition in Arizona v. Goodman provides the Supreme Court with an opportunity to review the important issue of the circumstances under which the Constitution permits an accused sex offender to be denied bail pending trial. In 2002, Arizona voters amended their state constitution, rendering a defendant categorically ineligible for bail if “the proof is evident or the presumption great” that he committed sexual assault. In a narrowly divided opinion, the Arizona Supreme Court found that this measure unconstitutional. And yet the Court’s opinion makes clear that the Constitution does not prohibit denying bail to defendants who present …

Overstating America's Wrongful Conviction Rate? Reassessing The Conventional Wisdom About The Prevalence Of Wrongful Convictions, Paul Cassell

Utah Law Faculty Scholarship

A growing body of academic literature discusses the problem of wrongful convictions — i.e., convictions of factually innocent defendants for crimes they did not commit. But how often do such miscarriages of justice actually occur? Justice Scalia cited a figure of 0.027% as a possible error rate. But the conventional view in the literature is that, for violent crimes, the error rate is much higher — at least 1%, and perhaps as high as 4% or even more.

This Article disputes that conventional wisdom. Based on a careful review of the available empirical literature, it is possible to assemble the …

Can A Good Person Be A Good Prosecutor?, Ellen Yaroshefsky

Fordham Law Review Online

Most people who become prosecutors are honest and ethical public servants who take that job for varied reasons including protecting the community, assisting victims of crime, gaining trial experience, or enhancing future employment prospects and long-term political goals. Earnest and hard-working, these prosecutors bristle at the very question of whether a good person can be a good prosecutor. The question though is not about a good person and their motives or ethical compass, but about the role: What does it mean to be a good prosecutor especially in the era of mass incarceration?

The Necessity Of The Good Person Prosecutor, Jessica A. Roth

Fordham Law Review Online

In a 2001 essay, Professor Abbe Smith asked the question whether a good person—i.e., a person who is committed to social justice—can be a good prosecutor. Although she acknowledged some hope that the answer to her question could be “yes,” Professor Smith concluded that the answer then was “no”—in part because she saw individual prosecutors generally as having very little discretion to “temper the harsh reality of the criminal justice system.” In this Online Symposium revisiting Professor Smith’s question seventeen years later, my answer to her question is “yes”—a good person can be a good prosecutor.

Revisiting Abbe Smith's Question, "Can A Good Person Be A Good Prosecutor?" In The Age Of Krasner And Sessions, Rebecca Roiphe

Fordham Law Review Online

In an article published over fifteen years ago, Georgetown Law Professor Abbe Smith argued that one cannot be a good person and a good prosecutor. In other words, if you are concerned with social justice, it would be selfdefeating to work in a prosecutor’s office. With Attorney General Jeff Sessions at the helm, the federal criminal justice system has changed since Smith wrote this article, in many ways for the worse. At the same time, in response to a powerful grass roots movement, the reformist approach to criminal justice has gained some ground. In this oddly polarized context, this essay …

A Defender's Take On "Good" Prosecutors, David E. Patton

Fordham Law Review Online

When Professor Abbe Smith asked “Can You Be a Good Person and a Good Prosecutor” in 2001 (and answered it mostly in the negative), she began a conversation that would result in me, a public defender, having to repeatedly answer the question from earnest law students and young lawyers. I haven’t yet forgiven Professor Smith. My first impulse when I’m asked the question is to hand out her home phone number. My second impulse is to answer: “Why are you asking me?” I’m a defense lawyer. Worse still, I am a public defender. I’m not, shall we say, naturally drawn …

Prosecutors Who Police The Police Are Good People, Vida B. Johnson

Fordham Law Review Online

In 2001 Professor Abbe Smith asked if a person could be both a good prosecutor and a good person. Her answer was, essentially, “no.” My answer in 2018 is that only a prosecutor who focuses on the powerful, and particularly who is willing to prosecute police who do wrong, can be good.

The Progressive Prosecutor: An Imperative For Criminal Justice Reform, Angela J. Davis

Fordham Law Review Online

In a law review article written seventeen years ago, Professor Abbe Smith asked the question, “Can You Be a Good Person and a Good Prosecutor?” Professor Smith ultimately answered the question in the negative. Whether or not one agreed with her conclusion at the time, today we know that the answer to the question is “Yes.” Anyone who believes that good people cannot be good prosecutors assumes and accepts a model of prosecution based on harsh, punitive policies and practices that incarcerate as many people as possible for as long as possible. Unfortunately, that unjust model of prosecution is the …

Good Person, Good Prosecutor In 2018, Abbe Smith

Fordham Law Review Online

Nearly twenty years ago, I wrote an essay on the ethics of prosecution in a time of mass incarceration called “Can You Be a Good Person and a Good Prosecutor?”1 I am both pleased and perplexed that the essay, which caused some controversy at the time, continues to strike a chord—at least with the organizers of this online conversation. I appreciate the invitation to weigh in on whether you can be a good person and a good prosecutor in 2018.

Foreword: Can A Good Person Be A Good Prosecutor, Bruce A. Green

Fordham Law Review Online

In 2001, Abbe Smith asked provocatively whether you can simultaneously be a good person and a good prosecutor, and she concluded that you cannot. The following online symposium, hosted by the Fordham Law Review Online, revisits Abbe Smith’s question. Even if she was right in 2001, is the answer the same seventeen years later? The problems of criminal justice in this country have in many ways gotten worse. But at the same time, one might argue, there is broader public acknowledgment of these problems, which has led to social movements such as the Innocence Movement and Black Lives Matter that …

Rekonseptualisasi Judicial Pardon Dalam Sistem Hukum Indonesia (Studi Perbandingan Sistem Hukum Indonesia Dengan Sisitem Hukum Barat), Mufatikhatul Farikhah

Jurnal Hukum & Pembangunan

Judicial Pardon in Indonesia is the result of comparative studies with several countries including the Netherlands, Greece, Portugal and Uzbekistan. The author tries to discover what legal system underlies the concept of Judicial Pardon applied in some countries and how the concept of judicial pardon is most compatible with the Indonesian Law System. This paper is based on normative legal research with a Historical Approach, Comparative Approach, and conceptual approach. Currently the criminal law is also influenced by the Anglo saxon legal system. Responding to the second issue is more appropriate when incorporating the conception of Islam as well as …

4b3: ‘This Mad Brute’: Postwar Male Violence And The Pathological Public Sphere, Rebecca Frost

Proceedings of Armistice & Aftermath: A World War I Symposium

War provides a space for state-sponsored expressions of violence encouraged – or at least allowed – within the public sphere. During WWI, returning soldiers were welcomed and generally hailed as heroes, especially in comparison with more recent conflicts. Men on the front lines were faced not only with rifles, machine guns, and mortars, but also the effects of poison gas. Such violence and images of ripped and torn bodies were an expected part of a soldier’s life. This daily exposure and indeed the mass media reports on what was happening on the front play into Mark Seltzer’s pathological public sphere …

2018 Annual Dinner Program, The O'Callahan Society, College Of The Holy Cross

O'Callahan Society Annual Dinner Program

Eighteenth annual dinner sponsored by The O'Callahan Society. This year's event departed from the standard format of a keynote speaker in order to give four individuals, whose lives were dramatically impacted by the Vietnam conflict, the opportunity to speak. Medal of Honor Recipient Captain Thomas G. Kelley, USN (ret) HC ‘60; his wife, Commander Joan Kelley, USNR (ret); former POW Commander Timothy B. Sullivan, USN (ret) HC ’65, and Marine veteran Harry Kustigian have agreed to share their experiences and insights.

This year is dedicated to remembering the men and women who served in Vietnam a half century ago.

“Partnering To Understand Undergraduate Research And Writing Longitudinally”, Donna Scheidt, Cara Kozma, Holly Middleton, Kathy Shields

Georgia International Conference on Information Literacy

In her longitudinal case study of a single undergraduate, College Writing and Beyond (2007), Anne Beaufort investigates several knowledge domains contributing to students’ development as writers. As a team of librarians and writing faculty in research and teaching partnership, we hope to build on Beaufort’s work by examining and elaborating the role of research with respect to writing development by sharing findings from our own longitudinal study of undergraduates’ development as writer-researchers. Specifically, we are interested in the ways in which undergraduates’ research interfaces with their writing practices as they advance through their general education coursework and various disciplines. How …

Thinking Outside The Building: Developing A Library Ambassador Program Across Campus(Es), Lydia C. Gwyn

Georgia International Conference on Information Literacy

In an effort to address declining university retention rates and to reach students who may not make it to the library for research help, the Sherrod Library at East Tennessee State University (ETSU) is in the process developing a peer-mentoring program. This program is one way the library can help the institution in its efforts raise student retention rates and improve student success. Peer learning programs have proven successful in tutoring centers and elsewhere in the university for decades, and research has shown that trained undergraduates are ideal candidates for delivering general reference and information literacy instruction to their peers …

Boyd Briefs - Sep. 28, 2018, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

Boyd Briefs provides weekly information regarding the activities and accomplishments of the faculty, students, and alumni of the William S. Boyd School of Law at the University of Nevada, Las Vegas.

Cardozo Law News Brief: September 28, 2018, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2018

Featured Faculty:

• Kate Shaw
• Kyron Huigens
• Jessica Roth
• Lela Love
• Samuel Weinstein
• Edward Zelinsky

Campus News:

• CNN, Associated Press Speak With Cardozo Students About Ford-Kavanaugh Hearings
• Cardozo Law Receives "A" Grade for Criminal Law Program

Events:

• Challenging the Trump Administration's Family Separation Policy
• A Festschrift in Honor of Professor Arthur Jacobson
• Paulsen Moot Court Competition: Final Rounds
• Long Term Effects of Involvement in the Criminal Justice System (Cardozo Journal of Equal Rights and Social Justice Fall Symposium)
• Book Talk: Law's Trials and Wars With Professor Richard Abel
• The Story of the Repeal of "Don't Ask, Don't Tell" and How the …