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The Socio-Legal Construction Of Adolescent Criminality: Examining Race, Community, And Contextual Factors Through The Lens Of Focal Concerns, Patrick Glen Lowery

Theses and Dissertations

The first American juvenile court opened in 1899, with the understanding that children and adults are fundamentally different, and as such, should be treated differently by the law. Less than 50 years later, every state within the United States had developed a separate juvenile justice system, along with the adoption of many significant statutes that made the juvenile court markedly different from the adult criminal court. Over time, however, dissatisfaction with numerous inadequacies in the juvenile court led to the “due process revolution” of the 1960’s and 1970’s. The legal and philosophical changes made during this time were not long …

Introduction: New Models For Prosecutorial Accountability, Russell Shapiro

Cardozo Law Review de•novo

The criminal justice system in the United States was established on a simple notion: “that it is better that ten guilty persons escape, than that one innocent suffer.” It is for this reason that a prosecutor’s burden at trial is so demanding, requiring proof beyond a reasonable doubt. Yet, while a vast majority of prosecutors are committed to the highest ethical standards, with troubling frequency, some high profile exonerations shed light on systemic problems, most often involving failures by prosecutors and other law enforcement officials to disclose exculpatory and impeachment evidence as required by Brady v. Maryland.

To address …

"Boys Will Be Boys, And Girls Will Get Raped": How Public School Dress Codes Foster Modern Day Rape Culture, Stephan Wah

Cardozo Journal of Equal Rights & Social Justice

The note argues that public school dress codes perpetuate rape culture by disproportionately targeting female students, reinforcing patriarchal norms, and contributing to gender-based discrimination. These dress codes, often justified as preventing distractions, instead shame girls and place the responsibility of boys' behavior on them, thereby normalizing the objectification of women and supporting systemic sexism.

Back Down To Bullying? The Detrimental Effects Of Zero Tolerance Policies On Bullied Adolescents, Devon L. Disiena

Cardozo Journal of Equal Rights & Social Justice

The note critiques zero tolerance policies in schools, arguing that they disproportionately harm bullied adolescents by failing to consider their circumstances, leading to unjust disciplinary actions and discouraging victims from seeking help. It advocates for legislative reforms, particularly in New York, to include self-defense as a mitigating factor in disciplinary decisions.

Robbing The Cradle: The Use Of Mediation In Parental Rights Termination With Evidence Of Drug Abuse By The Mother, M. Katherine Kerbs

Journal of Dispute Resolution

This Comment will explore the use of mediation in termination of parental rights proceedings where there is evidence of drug abuse by the parents. First, this Comment will give an overview of termination proceedings and examine a specific statute’s guidelines for termination. Then, this Comment will provide an overview of mediation and its uses in family law. Finally, this Comment will argue for increased use of mediation in termination of parental rights cases where there is evidence of drug abuse by the mother.

2016-2017 Lindenwood University Accelerated Degree Program Course Catalog, Lindenwood University

Course Catalogs

Lindenwood University Accelerated Degree Program Course Catalog

2016-2017 Lindenwood University Undergraduate Course Catalog, Lindenwood University

Course Catalogs

Lindenwood University Undergraduate Course Catalog

Keeping Our Kids In School And Out Of Court: Rooting Out School Suspension Hearings And A New Alternative, Rachel Klein

Cardozo Journal of Conflict Resolution

This Note proposes an alternative model that can help a child improve his behavior in school, without removing the student from class. Section I of this Note examines the historical and legal context governing school suspension as a whole, specifically making reference to and analyzing New York State school suspension practices. Section II analyzes the effectiveness of school suspension and the methods used in New York to fix this system. In Section III, this Note proposes the use of arbitration as a superior mode of resolution and explains why Board of Education Arbitration is an effective model that helps students …

Mediating Domestic Violence Disputes In Chinese Immigrant Families In The U.S.: The Case For Court-Appointed Mediation Programs, Kevin Lam

Cardozo Journal of Conflict Resolution

Chinese immigrants, particularly those that lack legal status, have historically mistrusted the U.S. legal system. Not only are they wary of the adversarial nature of court proceedings, but also language and cultural barriers frequently prevent them from gaining meaningful access to relief. As a result, issues that arise from within the Chinese immigrant community are generally addressed privately or with the assistance of community leaders. In the case of domestic violence, cultural norms and values about gender roles typically deter battered immigrant women from seeking help in the first place. Undocumented immigrant women are more susceptible to deportation and are …

Burnt Offerings: How The City Of Angels Engulfed Any And All Involved In The Rodney King Affair And Los Angeles Riots, Michael P. Mcnamara

Pell Scholars and Senior Theses

This thesis analyses the first modern case of police brutality and race relations - the beating of Rodney King and the 1992 Riots that followed. The roots of the gravity of this situation can be found in the the leadership of the city during that time. The thesis tells the story of the juxtaposition of the black, Democratic Mayor of Los Angeles (Tom Bradley) and the white, Republican Los Angeles Police Chief (Daryl Gates). Though both have a very mixed legacy, both men were highly effective in their respective fields and goals. It is their inability to work together and …

Book Review Of Re-Understanding The Child's Right To Identity: On Belonging, Responsiveness And Hope, By Ya'ir Ronen, Michael L. Perlin

Other Publications

No abstract provided.

Hcv And Drug Transition In Ct Nonurban Injection Drug Users, Maria Ma

Public Health Theses

Aims: We sought to determine if age of first substance initiation (alcohol intoxication, marijuana use, pharmaceutical opioid use, polysubstance) was associated with faster rates of transition to injection drug use or heroin use. Subsequently, we examined if transition time was a predictor for hepatitis C infection.

Methods: From 2008-2012, 462 active injection drug users were recruited using respondent-driven sampling. Participants were interviewed about their injection-associated risk, and serological testing of HIV, HCV and HBV was performed. Kaplan-Meier analyses were used to examine the rate of transition from first substance event to initiation of heroin use or first injection. A Cox …

“You Want To Go Home”: Search For Home Among Young Trans Women Of Color, Rebecca Suzanne Pepe

Public Health Theses

A wealth of literature explains the existence of barriers to accessible housing for the trans community. However, none have elucidated the story of how young trans women manage and navigate these barriers as they experience finding not only a housing structure, but also a place to call home. The aim of this work is to describe the experience finding home for a group of young, trans, women of color. This is done via qualitative analysis of semi-structured interviews of 17 trans women associated with the Ruth Ellis Center in Detroit, Michigan. Utilizing a grounded theory approach and coding with Dedoose …

Patterns Of Drug Use And Correlates Of Active Amphetamine-Type Substance Use Among Sex Workers In Kuala Lumpur, Malaysia, Courtney Jo Pedersen

Public Health Theses

Objective: To describe the female and transgender sex worker population in Kuala Lumpur, Malaysia, understand their patterns of substance use, and examine the correlates of active amphetamine-type substance (ATS) use.

Methods: We administered a cross-sectional survey and performed biological testing on 492 sex workers to assess lifetime and active substance use history and frequency, criminal justice involvement, alcohol and substance abuse disorders, sexual risk behaviors, experience of childhood and adulthood physical and sexual abuse, depression, and prevalence of HIV, syphilis, chlamydia, and gonorrhea. We performed descriptive statistics to describe demographics and lifetime and active drug use patterns and employed bivariate …

Hands Up: A Systematized Review Of Policing Sex Workers In The U.S., Fabian Luis Fernandez

Public Health Theses

This work lays the foundation for a study of criminalization and its effects on the health of street-based sex workers in the U.S. seeking to: 1) conduct a systematized review of sources from across the country settling on seventeen that describe experiences of harassment, false arrests, theft, physical abuse, sexual assault, HIV criminalization, survival tactics, reporting practices, and positive relations with law enforcement and 2.) compare the U.S. literature to international research, reflecting on the ways that public health researchers remain complicit in sustaining these harmful institutions by failing to consider diversity, the criminalized context of sex work, the links …

Liberty And Justice For All? : Ethics In The American Criminal Justice System, Haley Hasenstein

Honors Program Theses

The American Bar Association (ABA) claims a commitment to ethics for all that fall under its jurisdiction. As a part of the Bar Exam that lawyers must take to join the Association they are issued a character and fitness test, where some prior misbehavior may disqualify an individual from becoming barred. “Miscarriages of justice” is a common theme among literature about lawyers in the criminal justice system. In this study I will shed light on some of the ethical discrepancies in the legal profession’s values and practice. This study focuses on criminal lawyers’ experiences with personal ethics as well as …

Government Efforts To Address Bullying In Canada: Any Place For Children’S Rights?, Mona Paré, Tara Collins

Journal of Law and Social Policy

Recently, governments in Canada have increased efforts to address bullying in schools primarily through the adoption of laws and policies. This paper examines these measures using a child rights framework, based on Canada’s international legal obligations. It examines the language of child rights and human rights that is present in these efforts, as well as the content of legislation and policies. Analysis is guided by the main child rights principles: non-discrimination, the best interests of the child, the child’s right to survival and development, and respect for the views of the child. The findings point to a fragmented presence of …

From Tulsa To Ferguson: Redefining Race Riots And Racialized Violence, Hesley R. Keenan

Dissertations and Theses

No abstract provided.

Sometimes They Come Back: Examining The Threat Of Associated And Non-Associated And/Or Mentally Ill School Violence Perpetrators, Gordon A. Crews

Criminal Justice Faculty Publications

In this chapter it is argued that school violence and its potential in K-12 schools cannot be dealt with by simply removing the troublesome/problematic students from classrooms and/or school grounds. The expelling, suspending, incarcerating, or placing of a juvenile in an alternative school setting may only increase their anger against their former school and teachers. An anger which may continue to grow throughout their lives. Moreover, there is a growing trend of students who have failed to achieve in life returning to their former school and committing acts of violence. The author focuses on two types of these perpetrators. First, …

Contempt Of Court A Digest Of The Case Law Of Contempt Of Court At International Criminal Tribunals And The International Criminal Court, David Akerson, Nandish Wuetilleke

Denver Journal of International Law & Policy

No abstract provided.

Reconciliation Through A Judicial Lens: Competing Legitimation Framework In The Icty's Plavsic And Babic Judgments, Kerstin Bree Carlson

Denver Journal of International Law & Policy

No abstract provided.

The Building Blocks Of Hybrid Justice, Beth Vanschaack

Denver Journal of International Law & Policy

No abstract provided.

How Much Punishment Is Enough?: Embracing Uncertainty In Modern Sentencing Reform, Jalila Jefferson-Bullock

Journal of Law and Policy

This article examines federal sentencing reform and embraces the principle of uncertainty in this process. In order to properly reapportion federal criminal sentencing laws, reformers must account for the impracticality of determining appropriate incarceration lengths at sentencing. Thus, this article proposes an alternative federal sentencing model that includes a sentencing effectiveness assessment tool to help lawmakers implement rational sentences that appropriately punish offenders, prepare them to successfully reenter society, and reduce recidivism rates. Modern sentencing reform should adopt constant review and evaluation of sentencing to measure effectiveness and ensure that appropriate sentences are implemented to avoid the pitfalls of an …

Trying To Fit A Square Peg Into A Round Hole: Why Title Ii Of The Americans With Disabilities Act Must Apply To All Law Enforcement Services, Michael Pecorini

Journal of Law and Policy

Police use of force has been subject to greater scrutiny in recent years in the wake of several high-profile killings of African Americans. Less attention, however, has been paid to the increasingly routine violent encounters between police and individuals with mental illness or intellectual and development disabilities (“I/DD”). This is particularly problematic, as police have become the de-facto first responders to these individuals and far too often police responses to these individuals result in tragedy.

This Note argues that the Americans with Disabilities Act requires law enforcement to provide reasonable accommodations during their interactions with and seizures of individuals with …

Not Yet Enough: Why New York's Sexual Assault Law Does Not Provide Enough Protection To Complainants Or Defendants, Nicolo Taormina

Journal of Law and Policy

Title IX requires colleges to investigate and adjudicate allegations of sexual assault between students. New York State has recently passed a new law called “Enough is Enough,” which strengthens Title IX’s requirements. However, neither Title IX nor “Enough is Enough” provides strict guidelines for the procedures colleges must use when adjudicating complaints. This means that colleges across New York employ different procedures and offer different sets of rights to their students. After examining federal and state law, some examples of college procedures and the effects they have on students, this Note concludes that “Enough is Enough” must be amended to …

Law & Neuroscience: What, Why, And Where To Begin, Owen D. Jones, Jeffrey D. Schall, Francis X. Shen

Vanderbilt Law School Faculty Publications

This provides the Summary Table of Contents and Chapter 1 of our coursebook “Law and Neuroscience” (forthcoming April 2014, from Aspen Publishing). Designed for use in both law schools and beyond, the book provides user-friendly introductions, as well as detailed explorations, of the many current and emerging issues at the intersection of law and neuroscience.

One part of the book lays general foundations by exploring the relationships between law and science generally, and by comparing the views from law and from neuroscience regarding behavior and responsibility. A later part explains the basics of brain structure and function, the methods for …

Parsing The Behavioral And Brain Mechanisms Of Third-Party Punishment, Owen D. Jones, Matthew Ginther, Richard J. Bonnie, Morris B. Hoffman, Francis X. Shen, Kenneth W. Simons, Rene Marois

Vanderbilt Law School Faculty Publications

The evolved capacity for third-party punishment is considered crucial to the emergence and maintenance of elaborate human social organization and is central to the modern provision of fairness and justice within society. Although it is well established that the mental state of the offender and the severity of the harm he caused are the two primary predictors of punishment decisions, the precise cognitive and brain mechanisms by which these distinct components are evaluated and integrated into a punishment decision are poorly understood.

Using a brain-scanning technique known as functional magnetic resonance imaging (fMRI), we implemented a novel experimental design to …

An Examination Of Domestic Violence Perpetration: A Further Look Into The Gender Symmetry Debate., Michelle Parra

Electronic Theses and Dissertations

The influences of certain social changes and social movements, such as the feminist movement, in society introduced a violence gendered stereotype model that promoted the social idea that males are more violent than females. From the limited research, it appears that domestic violence perpetration among women differs from male domestic violence perpetration; however, research has not clarified the extent of female domestic violence perpetration and the severity of their abusive behaviors. The current research examines gender-specific intimate partner violence perpetration to determine whether attitudes toward social gender role expectations, income contribution and production, and division of labor in the household …

Female Student Services Staff Perceptions Of Safety On A State College Campus: An Exploratory Study, Catherine Chimera

Electronic Theses and Dissertations

The purpose of this qualitative research study was to explore the perceptions of female student services staff members' perceptions of safety on a state college campus. Through the lens of social construction theory, six staff members were interviewed about their views of safety both on and off campus. The goal of this study was to better understand how female staff members formed their perceptions of safety on campus, through social, political and cultural processes. The results of this study were that although the informants all were aware of the same threats and dangers on campus, they each had differing views …

Keeping Their Distance: A Comparison Of 2009 And 2013 Domestic Violence Cases In Seminole County That Utilized Gps Technology To Determine Effectiveness Of Program, Rachel Rados

Electronic Theses and Dissertations

This study examines the implementation and effectiveness of the Seminole County Sheriff's Office Global Positioning System (GPS) when ordered by the court for "no contact" in Domestic Violence cases, specifically Intimate Partner Violence. The research evaluates violations, which occurred while arrestees were assigned to GPS in 2009 and 2013; the programs first year and the most recent with complete data available. The results found limited factors that could be identified as predicting violations for those who violated the GPS, but the qualitative interviews shed much more light on the value of the program. The qualitative interviews were conducted with various …