Digital Commons Network^™

Miranda'S Truth: The Importance Of Adversarial Testing And Dignity In Confession Law, Meghan J. Ryan

Faculty Journal Articles and Book Chapters

The landmark decision of Miranda v. Arizona focuses on the important values of adversarial testing and human dignity. These values can be found among a constellation of values ordinarily aligned with constitutional criminal procedure cases like Miranda. The constellation also includes values such as truth-finding and equality. With the regularization of DNA analysis and the realization that a large number of innocent people have been convicted, however, there has been a recent fixation on truth-finding. Other values have been overshadowed. The myopic pursuit of truth-finding may be somewhat misguided, as certainty of truth is generally impossible. This is recognized by …

The Right To Silence V. The Fifth Amendment, Tracey Maclin

Faculty Scholarship

This paper concerns a well-known, but badly misunderstood, constitutional right. The Fifth Amendment to the Constitution guarantees, inter alia, that no person “shall be compelled in any criminal case to be a witness against himself.” For the non-lawyer, the Fifth Amendment protects an individual’s right to silence. Many Americans believe that the Constitution protects their right to remain silent when questioned by police officers or governmental officials. Three rulings from the Supreme Court over the past twelve years, Chavez v. Martinez (2003), Berghuis v. Thomkpins (2010) and Salinas v. Texas (2013), however, demonstrate that the “right to remain silent” that …

Reducing Wasteful Incarcerations, Christopher Robertson, Jamie Cox Robertson

Faculty Scholarship

Prisons are essential to a safe and civil society. Prisons are also costly for the taxpayers whose government houses, feeds, medicates, and supervises millions of people underlock and key.This expense is compounded by errors in the u.S. legal system that produces both false guilty verdicts and overly harsh penalties. It’stime forthe united States to take a closer look at these unnecessary incarcerations. By working to release prisoners who don’t belong in prison, we can lower the costs of the prison system—not to mention restore freedom to people who are wrongly being deprived of it. unfortunately, it is difficult to identify …

Bullying Intervention In Adolescence: The Intersection Of Legislation, Policies, And Behavioral Change, Susan M. Swearer, Meredith Martin, Marc Brackett, Raul A. Palacios Ii

Department of Educational Psychology: Faculty Publications

This article reviews current research on bullying during adolescence. The complexity of bullying behaviors during the adolescent time period are discussed and a review of the developmental literature on adolescence provides suggestions for why current bullying prevention and intervention programs are less effective for this age group. Current anti-bullying policies and legislation are reviewed under a framework of adolescent brain development and the development of consequential thinking. Suggestions for implementing social-emotional learning programming during the adolescent period are provided and a novel approach using social media is presented. In order to effectively combat bullying during this developmental period, programming must …

Two Models Of Pre-Plea Discovery In Criminal Cases: An Empirical Comparison, Jenia I. Turner, Allison D. Redlich

Faculty Journal Articles and Book Chapters

Our criminal justice system resolves most of its cases through plea bargains. Yet the U.S. Supreme Court has not required that any evidence, even exculpatory or impeachment evidence, be provided to the defense before a guilty plea. As a result, state rules on pre-plea discovery differ widely. While some jurisdictions follow an “open-file” model, imposing relatively broad discovery obligations on prosecutors early in the criminal process, others follow a more restrictive, “closed-file” model and allow the prosecution to avoid production of critical evidence either entirely or until very near the time of trial. Though the advantages and disadvantages of both …

Peer Review: Navigating Uncertainty In The United States Jury System, Anna Offit

Faculty Journal Articles and Book Chapters

This Article examines American prosecutors’ approaches to uncertainty during voir dire. At different points during trial preparation— and during jury selection itself—lawyers draw on multiple interpretive systems to make sense of ordinary citizens. Taking Assistant United States Attorneys in a federal jurisdiction in the Northeast United States as a case study, and drawing on ethnographic research, I focus on three systems prosecutors alternately (and sometimes simultaneously) use to evaluate jurors: (1) probabilistic and evaluative analogies, (2) juror-types generated from the details of criminal cases, and (3) local knowledge stemming from prosecutors’ relationships and experiences outside of the courtroom. I show …

Confrontation As A Rule Of Production, Pamela R. Metzger

Faculty Journal Articles and Book Chapters

The Confrontation Clause is cost blind; the Supreme Court is not. In 2004, in Crawford v. Washington, the Supreme Court trumpeted its commitment to a procedural Confrontation Clause that required the prosecution to produce its witnesses in court, regardless of the cost or inconvenience. In 2007, in Melendez-Diaz v. Massachusetts, the Court retreated, offering courts, legislatures, and prosecutors an easy way to avoid Confrontation-laden trials. On the one hand, the Court warned that legislatures and courts could not “suspend the Confrontation Clause,” even if there were “other ways — and in some cases better ways — to challenge or verify” …

The Effectiveness Of A Computer-Based Program On The Reading Performance Of Fourth-Grade Students, Latonya L. Cooper

Theses and Dissertations

The intent of this applied dissertation was to determine whether a reading intervention of a computer-based program would increase the reading comprehension and vocabulary skills of students in fourth grade in a Title I elementary school. Although the No Child Left Behind Act (NCLB) covers various federal education programs, the law’s requirements for testing, accountability, and school improvement receive the most attention. NCLB requires states to test students in reading and mathematics annually in Grades 3-8 and once in Grades 10-12. Schools must test students in science once in Grades 3-5, 6-8, and 10-12. Individual schools, school districts, and states …

Sexual Assault As A Law Of War Violation & U.S. Service-Members’ Duty To Report, Chris Jenks, Jay Morse

Faculty Journal Articles and Book Chapters

This Essay considers when U.S. service members deployed to Afghanistan are obligated to report allegations of sexual assault by Afghan security forces against Afghan nationals to the U.S. military. The answer requires applying a longstanding Department of Defense policy for reporting law of war violations and hinges on whether there is a nexus between the sexual assault and the armed conflict in Afghanistan. Although recent attention on this topic has brought much-needed visibility to sexual assault in conflict zones, the overbroad assertions of the media and the military have unfortunately fostered more confusion than clarity. This Essay does not attempt …

Evaluation Of Marzano’S Instructional-Strategies Program At A Southeastern Elementary School, Renee B. Evans

Theses and Dissertations

The purpose of this applied dissertation was to evaluate an instructional-strategies program implemented at a southeastern elementary school. The program was implemented with the intent to increase teacher effectiveness, thereby impacting student achievement. The evaluation sought to determine if the strategies were implemented as designed and the impact and effectiveness of the program. The research also sought to determine what strategies should be sustained and any unanticipated effects.

The Stufflebeam program-evaluation model was used to guide the research. Only the process and product evaluation types were used. The school’s principal and district’s instructional coach were interviewed, and 40 of 48 …

A Phenomenological Study: Foster Care Youth Aging Out Of The System, Guy Thompson

Theses and Dissertations

The purpose of this applied dissertation was to explore the lived experiences of teens aging out of foster care, in an effort to better understand their needs. While the child welfare system is geared towards family preservation, reunification, and adoption, most young adults transitioning from the foster care system are not reunited with family members or are only reunited as a last resort. Unfortunately, every year, thousands are leaving the support of the foster care system, unprepared. Youth departing the child welfare system are not gradually transitioned into becoming self-sufficient. They do not have an effective support system available if …

Reply To Miriam Baer And Michael Doucette’S Reviews Of Two Models Of Pre-Plea Discovery In Criminal Cases, Jenia I. Turner, Allison D. Redlich

Faculty Journal Articles and Book Chapters

No abstract provided.

Contemporary Perspectives On Wrongful Conviction: An Introduction To The 2016 Innocence Network Conference, San Antonio, Texas, Gwen Jordan, Aliza B. Kaplan, Valena Beety, Keith A. Findley

Articles by Maurer Faculty

Innocent people have been convicted of crimes they did not commit throughout history. The exact number of wrongful convictions is unknowable. In 2014, however, the National Academy of Sciences (“NAS”) released a study of the cases of criminal defendants who were convicted and sentenced to death and concluded that 4.1% were wrongfully convicted. The researchers explained that “this is a conservative estimate of the proportion of false conviction among death sentences in the United States.” According to the U.S. Department of Justice, Bureau of Justice Statistics, 1,561,500 adults were incarcerated in federal prisons, state prisons, and county jails in 2014, …

"Immigrants Are Not Criminals": Respectability, Immigration Reform, And Hyperincarceration, Rebecca Sharpless

Articles

Mainstream pro-immigrant law reformers advocate for better treatment of immigrants by invoking a contrast with people convicted of a crime. This Article details the harms and limitations of a conceptual framework for immigration reform that draws its narrative force from a contrast with people-citizens and noncitizens-who have been convicted of a criminal offense and proposes an alternate approach that better aligns with racial and class critiques of the U.S. criminal justice system. Noncitizens with a criminal record are overwhelmingly low-income people of color. While some have been in the United States for a short period of time, many have resided …

Sexuality, Disability, And The Law: Beyond The Last Frontier? (2016), Michael L. Perlin, Alison Lynch

Books

Sexuality, Disability, and the Law approaches issues of sexual autonomy and disability from multiple perspectives, including constitutional law, international human rights, therapeutic jurisprudence, history, cognitive psychology, dignity studies, and theories and findings on gender constructs and societal norms. Perlin and Lynch determine that if our society continues to assert that persons with mental disabilities possess a primitive morality, we allow ourselves to censor their feelings and their actions. By denying their ability and desires to show love and affection, we justify this disparate treatment. Our reliance on stereotypes has warped our attitudes and our policies, and has allowed us to …

Should There Be A Specialized Ethics Code For Death-Penalty Defense Lawyers, Bruce A. Green

Faculty Scholarship

State ethics codes based on the ABA Model Rules of Professional Conduct address lawyers' work in advocacy but do not target lawyers' work in particular areas of advocacy or in other specialized practice areas. For more than forty years, critics have asserted that existing ethics rules are too superficial and should be supplemented by specialized rules. This article examines the utility of specialized ethics rules for one particular sub-specialty-death-penalty defense practice. After identifying arguments for and against a specialized ethics code for death-penalty cases, the article analyzes the arguments in the context of a particular ethics dilemma that some death-penalty …

Detection Of White-Collar Corruption In Public Procurement In Norway: The Role Of Whistleblowers, Petter Gottschalk, Christy Smith

Public Administration Faculty Publications

There is a low risk of detection for white-collar criminals in most nations. White-collar criminals in public procurement corruption are probably no exception. Public procurement appears particularly vulnerable to corruption despite the multitude of policies and procedures that most public organizations have in place to ensure proper stewardship of public funds. While these mechanisms are designed to control and make transparent the procurement process, corruption has been inherent in public procurement since governments first began buying goods and services. This article presents the topics of white-collar crime, public procurement corruption, and detection by whistleblowers. Based on a sample of 390 …

Rebellious Pedagogy And Practice, Anthony V. Alfieri

Articles

Gerald Lopez's ground breaking book, Rebellious Lawyering: One Chicano's Vision of Progressive Law Practice, introduced new critical pathways and perspectives for clinical educators to better understand and enhance their advocacy, teaching, and scholarship. Indeed, Lopez's interdisciplinary investigation of the local, sociocultural context of the lawyering process produced a marked shift in both the pedagogy and the practice of public interest law, particularly civil rights and poverty law. A quarter century after its publication, Rebellious Lawyering stands out not only for its contextual critique of lawyering theory and practice, but also for its multifaceted integration of law, cultural studies, race …

Men, Women, And Optimal Violence, Mary Anne Franks

Articles

While both men and women can, and do, use violence against each other, men's violence against women is far more common, less justified, and more destructive than women's violence against men. One of the reasons for this asymmetry is that men do not fear retaliation for violence against women, whereas women do fear retaliation for their use of violence against men. The distribution of violence between the genders, then, is suboptimal. Society would be better off as a whole if more women were willing to engage in justified violence against men, and fewer men were willing to engage in unjustified …

Crime Logic, Campus Sexual Assault, And Restorative Justice, Donna Coker

Articles

No abstract provided.

Agencies Obligation To Interpret The Statute, Aaron J. Saiger

Faculty Scholarship

No abstract provided.

Disciplinary Regulation Of Prosecutors As A Remedy For Abuses Of Prosecutorial Discretion: A Descriptive And Normative Analysis, Bruce A. Green, Samuel J. Levine

Faculty Scholarship

No abstract provided.

Effects Of Early Childhood Education On Kindergarten Readiness Scores, Janis Monrose Modeste

Walden Dissertations and Doctoral Studies

The purpose of this correlational study, which took place in a Central Florida school district, was to investigate the relationship between the quality of the early childhood education (ECE) programs and students' kindergarten readiness scores. Vygotsky's sociocultural theory, which states that a child's environment, culture, and language are related to academic and social development, was the theoretical framework for this study. Many ECE centers have been rated using the Early Childhood Environment Rating Scale (ECERS). Additionally, some children in those centers have been rated for kindergarten readiness using the Florida Kindergarten Readiness Screener (FLKRS) developed by the Florida Department of …

Policemoms: Perceptions Of Motherhood And Policy In Ohio Police Organizations, Lacy Kristine Ellis

Walden Dissertations and Doctoral Studies

Police organizations have a problem retaining female police officers, especially those who are mothers. Women leave the policing profession at higher rates during childbearing and child-rearing years than during any other time in their career. Using feminist theory as a foundation, the purpose of this phenomenological study was to gain a deeper understanding of the lived experiences of policewomen who are mothers and identify factors that contribute to poor retention rates during childbearing and child-rearing years. Data were collected through 11 interviews with policewomen, who were also mothers, in Ohio. These data were analyzed using Saldana's 2-cycle coding procedure followed …

Perceptions Of Stalking: The Influence Of Perpetrator Mental Disorder Diagnosis, Target-Perpetrator Gender, And Perpetrator Persistence, Ebonnie Landwehr

Theses: Doctorates and Masters

Stalking is a complex phenomenon that results in significant harm to victims. For this reason, it is vital that knowledge and understanding of the behaviour be continually advanced. The aim of the present study was to investigate the influence of perpetrator mental disorder diagnosis, target-perpetrator gender, and persistence on perceptions of stalking. Although psychiatric diagnoses are prevalent among clinical stalker populations, little is known about how the presence of a perpetrator mental disorder may influence perceptions of stalking. Both target-perpetrator gender and persistence have been found to have an effect on perceptions of stalking, however it is not understood if …

The Discretionary Death Penalty For Drug Couriers In Singapore: Four Challenges, Siyuan Chen

Research Collection Yong Pung How School Of Law

In 2012, Singapore amended its Misuse of Drugs to give courts hearing capital drug trafficking cases the discretion to replace the default death penalty with life imprisonment and caning, provided that the accused person can show that he was merely a drug courier and the prosecution certifies that he had substantively assisted the authorities in disrupting drug trafficking activities. The Singapore High Court and Court of Appeal have since made important pronouncements on the 2012 amendments, but several challenges remain: first, whether the privilege against self-incrimination has been further eroded; secondly, whether an accused person can invoke the statutory relief …

Factors Associated With Harm Reduction Model Use Among Substance Abuse Counselors, Tiffany Madden

Walden Dissertations and Doctoral Studies

Drug overdose death rates in the United States have more than tripled since 1990 with more than 36,000 dying in 2008. In 2007 the estimated cost of drug use to U.S. society due to lost productivity, increased health care, and criminal justice costs was over $193 billion. Previous researchers have found that harm reduction is a viable treatment option within the field of addiction. The guiding premise in the harm reduction approach is that all people can achieve improved psychological and physiological health even if they are unable to be substance-free. However, there remains an important gap in the current …

The Role Of Problem Behaviors In The Pathway From Abuse To Prostitution, Shante Williams

Walden Dissertations and Doctoral Studies

Research has suggested that behaviors beginning in childhood or adolescence may play a mediating role in the relationship between childhood maltreatment and involvement in prostitution. It is currently unknown how poor self-concept and low self-efficacy play a mediating relationship in this association. The primary purpose of this correlational study was to evaluate early youth problem behaviors such as poor self-concept and reduced self-efficacy as possible mediators in the association between childhood abuse/neglect and participation in prostitution during young adulthood. The central research questions explored the association between childhood maltreatment and involvement in prostitution, as well as how self-concept and self-efficacy …

Punishing Property Offenders: Does Moral Correction Work?, Sharona Aharony-Goldenberg, Yael Wilchek-Aviad

Touro Law Review

No abstract provided.

2016-2017 Graduate Course Descriptions, Rochester Institute Of Technology

RIT Digital Archives

No abstract provided.