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Judges Versus Jurors: Biased Attributions In The Courtroom, Goran Dominioni, Pieter Desmet, Louis Visscher

Cornell International Law Journal

The fundamental purpose of a tort trial is to allocate responsibility. However, attributing fault is difficult, and decades of research in psychology have shown that human beings are prone to make systematic errors in performing this task. What can be done about this? The United States and countries in continental Europe adopt diametrically opposed strategies to reduce errors in the attribution of responsibility in the courtroom. American law delegates fact-finding to jurors and makes some type of evidence inadmissible in court to protect jurors from potentially biasing information, such as character evidence. European legal systems, instead, employ almost exclusively judges …

Judging During Crises: Can Judges Protect The Facts?, Lissa Griffin

Elisabeth Haub School of Law Faculty Publications

With the advent of instantaneous information and the trend toward shrinking adherence to the truth, the conversation surrounding the ability of judges to conduct outside research into the matters before them is gaining urgency. In a “post-truth” world, the role that the judiciary plays in our democracy must shift from trier of fact to guardian of factual integrity. And to do this, the professional ethics rules assigned to the judiciary may need re-evaluation.

This Essay argues that the judiciary's ambivalence to its role as fact finder must be overcome, and where appropriate, judges may be empowered to seek out supplemental …

Supermajoritarian Criminal Justice, Aliza Plener Cover

Articles

Democracy is often equated with majority rule. But closer analysis reveals that, in theory and by constitutional design, our criminal justice system should be supermajoritarian, not majoritarian. The Constitution guarantees that criminal punishment may be imposed only when backed by the supermajoritarian-historically, unanimous-approval of a jury drawn from the community. And criminal law theorists' expressive and retributive justifications for criminal punishment implicitly rely on the existence of broad community consensus in favor of imposing it. Despite these constitutional and theoretical ideals, the criminal justice system today is majoritarian at best. Both harsh and contested, it has lost the structural mechanisms …

Fictional Pleas, Thea B. Johnson

Faculty Publications

A fictional plea is one in which the defendant pleads guilty to a crime he has not committed with the knowledge of the defense attorney, prosecutor and judge. With fictional pleas, the plea of conviction is totally detached from the original factual allegations against the defendant. As criminal justice actors become increasingly troubled by the impact of collateral consequences on defendants, the fictional plea serves as an appealing response to this concern. It allows the parties to achieve parallel aims: the prosecutor holds the defendant accountable in the criminal system, while the defendant avoids devastating non-criminal consequences. In this context, …

Correcting Corrections: Discrepancies In Defining State Manslaughter As A "Crime Of Violence" For Federal Sentencing Purposes, Meaghan Geatens

Villanova Law Review (1956 - )

No abstract provided.

Racial Disparities In The United States Criminal Justice System: “With Liberty And Justice For All?”, Remi Alapo, David Rockefeller

Publications and Research

Racial discrimination remains a prevalent issue in the contemporary U.S. despite efforts to promote equality. Many young African American and Hispanic males are easy target for law enforcement agents. Minorities experience a higher and more unfair form of racial discrimination, racial profiling, police brutality, unfair sentencing, and mass incarceration for offences which are the same or less than those committed by White males. The rate of incarceration in the United States is five to eight times higher than most developed countries, and Black males constitute the largest percentage of inmates in the U.S. prison system. Once arrested, Black Americans are …

Correcting Forensic Dna Errors, Greg Hampikian

Biology Faculty Publications and Presentations

DNA mixture interpretation can produce opposing conclusions by qualified forensic analysts, even within the same laboratory. The long-delayed publication of the National Institutes of Standards and Technology (NIST) study of 109 North American crime laboratories in this journal demonstrates this most clearly. This latest study supports earlier work that shows common methods such as the Combined Probability of Inclusion (CPI) have wrongly included innocent people as contributors to DNA mixtures.The 2016 President’s Council of Advisors on Science and Technology report concluded,“In summary, the interpretation of complex DNA mixtures with the CPI statistic has been an inadequately specified—and thus inappropriately subjective—method. …

Does Class Size Matter?: An Exploration Into Faculty Perceptions Of Teaching High-Enrollment Online Courses, Patrick R. Lowenthal, Rob Nyland, Eulho Jung, Joanna C. Dunlap, Jennifer Kepka

Educational Technology Faculty Publications and Presentations

Class size has been a popular topic for decades. There is renewed interest in this topic now with the growth of online learning. Online courses can accommodate hundreds, if not thousands, of students in a single course. Very little research, though, has been conducted recently on class size in online courses and the research that has been conducted is mixed. As the demand for online courses increases, so likely will class size. In this exploratory study, we investigated the perceptions and experiences of 37 faculty teaching high-enrollment online courses. In the following article, we report the results of our inquiry, …

Lethality Assessment: An Impressive Development In Domestic Violence Law In The Past 30 Years, D. Kelly Weisberg

UC Law SF Journal on Gender and Justice

No abstract provided.

What The Future May Hold Forvictims Of Domestic And Sexual Violence Without The Violence Against Women Act, Stephanie E. Stupakis

UC Law SF Journal on Gender and Justice

No abstract provided.

Pbis In Middle School: Did Pbis Implemenation Have An Impact On Office Discipline Referrals?, Patrice Peters

Master's Theses & Capstone Projects

The benefits of Positive Behavioral Interventions and Supports (PBIS) are being recognized in education for helping reduce misbehaviors. The PBIS program is a multi-tiered preventative approach to discipline that involves collecting data for decision-making and using evidence-based practices to address problem behaviors. The purpose of this study was to identify the impact PBIS implementation had on office discipline referrals. This paper includes data from three middle school grades: sixth grade, seventh grade and eighth grade. Data was collected over the course of ten months. Teachers recorded the number of office discipline referrals using a Behavior Referral Form. Data entered on …

2019 - 2020 University Catalog, Loma Linda University

University Catalog (2005 - present)

This is a one-year CATALOG, effective beginning Summer Quarter 2018.

Volume 109, Number 1, July 2019.

Coalition For Prisoners' Rights Newsletter, Vol 44-A, No. 7, Coalition For Prisoners' Rights

Coalition for Prisoners' Rights Newsletters

The Story, Past and Present, is About Money and Torture

Comunidades de Inmigrantes se Preparan para Redadas del ICE

Freedom to Learn Campaign

Guess What Organization of a Little More Than 500 Employees has:

Some State Legislative Changes

Origin of the Term "Concentration Camp":

Domesic Violence Laws In United States And India: A Sytematic Comparison Of Backgrounds And Implications, Keerty Nakray, Vishu Surana

Socio-Legal Review

No abstract provided.

Notes On Contributors, Nlsj .

National Law School Journal

No abstract provided.

Statement, Summer 2019, Office Of Communications & Marketing, Morehead State University.

Morehead State Alumni Association Publications

Statement Magazine of Morehead State University from the Summer of 2019.

Uni S A C Updates: Sociology, Anthropology, Criminology Newsletter, Summer 2019, University Of Northern Iowa. Department Of Sociology, Anthropology, And Criminology.

Sociology, Anthropology, and Criminology Newsletter

Inside This Issue:
-- Fall 2018 Alumni in Residence - Katelyn M. Bries
-- 2019 UNI Outstanding Student Leader
-- UNI Purple and Gold Awards
-- UNI Honors Students
-- 2018-19 Student Admissions Ambassadors
-- 2018-19 Ethnic Student Promoters
-- Social and Behavioral Representatives (SABRs)
-- INSPIRE Student Research & Engagement Conference: Poster Presentations
-- Iowa Sociological Association Annual Meeting: Poster Presentation
-- Midwest Sociological Society Annual Meeting
-- CSBS Donald and Gudrun Fruehling Summer Undergraduate Research Fellowship
-- SAC Internships
-- Sociology
-- Criminology
-- Anthropology
-- Faculty Retirements
-- Sociology Endowed Scholarship Fundraising Progress

A Cure Worse Than The Disease? The Impact Of Removal On Children And Their Families, Vivek Sankaran, Christopher Church, Monique Mitchell

Articles

Removing children from their parents is child welfare's most drastic intervention. Research clearly establishes the profound and irreparable damage family separation can inflict on children and their parents. To ensure that this intervention is only used when necessary, a complex web of state and federal constitutional principles, statutes, administrative regulations, judicial decisions, and agency policies govern the removal decision. Central to these authorities is the presumption that a healthy and robust child welfare system keeps families together, protects children from harm, and centers on the needs of children and their parents. Yet, research and practice-supported by administrative data-paint a different …

Sela/General News, Library News, And Personnel News

The Southeastern Librarian

Recent activities from the Southeastern Library Association, developments from SELA member institutions, and personnel news.

The Fuzz(Y) Lines Of Consent: Police Sexual Misconduct With Detainees, Katherine A. Heil

South Carolina Law Review

No abstract provided.

How The Boogeyman Saved Brett Kavanaugh, Cathren Page

Articles

We love to hate these boogeymen. When the societal narrative creates these invisible boogeymen, people can pour their rage against sexual abuse into these faceless antagonists. At the same time, the enraged survivors and protectors avoid conflicts with family, neighbors, colleagues, and social acquaintances who might actually commit or enable sexual abuse. We can dodge sticky questions regarding how a churchgoer, a judge, or an Ivy Leaguer could have committed a heinous act. The survivors can avoid all the victim-blaming backlash, threats of violence, and invalidation that accompanies reporting a sexual offense. Moreover, having less power on their own, survivors …

Fuse: People With Frequent Utilization Of Public Services In Clackamas County, Oregon: Potential Service Enhancements, Karen Cellarius, Marisa Zapata, Eric Einspruch, Cameron Mulder, Thuan Duong, Aliza Tuttle

Homelessness Research & Action Collaborative Publications and Presentations

The goal of this study was to answer five very specific questions about individuals with high service utilization and the systems that serve them. The data for this study comes from administrative system data, informational conversations and meetings with community partners, formal interviews with service providers, and interviews with consumers with frequent service utilization.

Limitations: The rates of mental illness, addiction and homelessness are likely to be higher than they appear in this report due to the way these characteristics were gathered or recorded in system databases. Historically marginalized populations are increasingly underrepresented in datasets.

Judging Judges Fifty Years After – Was Judge Julius Hoffman’S Conduct So Different?, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

In Chicago, Illinois--and in courtrooms across the United States--judicial misconduct has affected trial outcomes as long as there have been trials. While Judge Julius Hoffman's conduct in the “Chicago Eight” trial is an egregious example of judicial behavior toward criminal defendants, this piece's examination of at least ten different categories of misconduct in dozens of cases makes the argument that misbehavior by judges is less of an exception to the rule of impartiality than the thinking public might know. In considering these brazen examples, practitioners and academics alike can evaluate how to best confront the extent to which conduct like …

Dissociation Between The Growing Opioid Demands And Drug Policy Directions Among The U.S. Older Adults With Degenerative Joint Diseases, Pearl Kim Phd, Takashi Yamashita Phd, Mph, Ma, Jay J. Shen Phd, Seong-Min Park Phd, Sung-Youn Chun Phd, Sun Jung Kim Phd, Mhsa, Jinwook Hwang Md, Phd, Se Won Lee Md, Georgia Dounis Dds, Ms, Hee-Taik Kang Md, Phd, Yong-Jae Lee Md, Phd, Dong-Hun Han Dds, Phd, Ji Eun Kim Phd, Hyeyoung Yeom Md, David Byun Do, Tsigab Bahta Md, Ji Won Yoo Md

School of Public Health Faculty Research

We aim to examine temporal trends of orthopedic operations and opioid-related hospital stays among seniors in the nation and states of Oregon and Washington where marijuana legalization was accepted earlier than any others. As aging society advances in the United States (U.S.), orthopedic operations and opioid-related hospital stays among seniors increase in the nation. A serial cross-sectional cohort study using the healthcare cost and utilization project fast stats from 2006 through 2015 measured annual rate per 100,000 populations of orthopedic operations by age groups (45–64 vs 65 and older) as well as annual rate per 100,000 populations of opioid-related hospital …

Summer 2019 Magazine

Ergo

No abstract provided.

Prenatal Opioid Maintenance In The U.S. And Its Effect On Neo-Natal Abstinence Syndrome: The Case Of West Virginia's Opioid Epidemic, Morgan Ruley, Alberto Coustasse

Management Faculty Research

In 2017, West Virginia’s opioid epidemic was the cause of about 1000 deaths. Opioid abuse has become an issue among pregnant mothers and has increased the effects of Neonatal Abstinence Syndrome (NAS) in infants. The purpose of this study was to evaluate the participation of prenatal opioid maintenance to determine if it has decreased the amount of treatment needed for NAS in infants in West Virginia. The methodology utilized a literature review complemented with a semi-structured interview. Thirty-six sources were referenced for this literature review. It was found that Buprenorphine Maintenance Therapy had the most positive effect on NAS after …

It's Complicated: The Challenge Of Prosecuting Tncs For Criminal Activity Under International Law, Jena Martin

Faculty & Staff Scholarship

This essay aims to tackle an increasingly thorny and relevant issue: what do you do if a Transnational Corporation (TNC) commits a crime? The question raises a number of challenges, both philosophically and practically. First, what does it mean to prosecute an organization? Although there are some limited examples (the United States’ prosecution of accounting firm Arthur Andersen being among the most note-worthy), we have relatively little precedence regarding what this would entail; how exactly do you put a corporation on trial? Second, practically speaking, where do you hold the trial? This challenge is magnified by the fact that, by …

The Paradox Of Source Code Secrecy, Sonia K. Katyal

Cornell Law Review

In Lear v. Adkins, the Supreme Court precipitously wrote, "federal law requires that all ideas in general circulation be dedicated to the common good unless they are protected by a valid patent." Today, it is clear that trade secrecy's dominance over source code has been a significant cause for concern in cases involving the public interest. To protect civil rights in the age of automated decision making, I argue, we must limit opportunities for seclusion in areas of intellectual property, criminal justice, and governance more generally. The solution, therefore, does not require a complete overhaul of the existing system, but …

Fictional Pleas, Thea Johnson

Indiana Law Journal

A fictional plea is one in which a defendant pleads guilty to a crime he has not committed, with the knowledge of the defense attorney, prosecutor, and judge. With fictional pleas, the plea of conviction is detached from the original factual allegations against the defendant. As criminal justice actors become increasingly troubled by the impact of collateral consequences on defendants, the fictional plea serves as an appealing response to this concern. It allows the parties to achieve parallel aims: the prosecutor holds the defendant accountable in the criminal system, while the defendant avoids devastating noncriminal consequences. In this context, the …

Money That Costs Too Much: Regulating Financial Incentives, Kristen Underhill

Indiana Law Journal

Money may not corrupt. But should we worry if it corrodes? Legal scholars in a range of fields have expressed concern about “motivational crowding-out,” a process by which offering financial rewards for good behavior may undermine laudable social motivations, like professionalism or civic duty. Disquiet about the motivational impacts of incentives has now extended to health law, employment law, tax, torts, contracts, criminal law, property, and beyond. In some cases, the fear of crowding-out has inspired concrete opposition to innovative policies that marshal incentives to change individual behavior. But to date, our fears about crowding-out have been unfocused and amorphous; …