Digital Commons Network^™

Post-Sentencing Appellate Waivers, Kevin Bennardo

University of Michigan Journal of Law Reform

A sentencing appellate waiver is a criminal defendant’s promise not to appeal her sentence. These provisions routinely appear in federal defendants’ plea agreements. With a few narrow exceptions, a knowing and voluntary sentencing appellate waiver bars a defendant from appealing all issues within the waiver’s scope. Using models of judicial behavior and empirical studies, this Article argues that the inclusion of sentencing appellate waivers in plea agreements creates bargaining inefficiencies and removes important incentives from the sentencing process. As a solution, the Article proposes that sentencing appellate waivers should take the form of separate post-sentencing agreements.

Excuses In Exile, Anders Kaye

University of Michigan Journal of Law Reform

Suppose that I have intentionally killed another person and that I have done so without any justification. At first glance, it appears that I am guilty of murder, a very serious crime. Since I am guilty of this very serious crime, the state may inflict a very serious punishment on me—at least many years in prison, if not my whole life or the death penalty. But suppose that one of the following is also true in my case: (A) At the time that I killed my victim, I suffered from a mental disease and, as a result, lacked the substantial …

Information Booklet, Exhibition Catalog And Supplements - 'Ghetto': A Retail Art Installation, Brian Laduca, Adrienne Ausdenmoore

IACT Reports, Publications and Resources

A world-premiere installation retail experience that tackles the historically weighted word "ghetto" through a subverted commercial lens with the goal to take the commercialized aspects of use of the word and turn it into a socio/political/economic commentary.

Included in this collection are the information booklet supporting the creating of the installation; the exhibition catalog inspired by the annual Neiman Marcus Fantasy Christmas catalogs; and a copy of the installation takeaway for visitors of the installation.

The “Integrative Justice Model” As Transformative Justice For Base-Of-The-Pyramid Marketing, Nicholas J C Santos, Gene R. Laczniak, Tina M. Facca-Miess

Marketing Faculty Research and Publications

Writing in Business and Politics, Santos and Laczniak (Business and Politics 14(1) 2012) formulated a normative, ethical approach to be followed when marketers e ngage impoverished market segments. It is labeled the integrative justice model (IJM). As noted below, that approach called for authentic engagement, co-creation, and customer interest representation, among other elements, when transacting with vulnerable market segments. Basically, the IJM derived certain operational virtues, implied by moral philosophy, to be used when marketing to the poor. But this well-intentioned approach raises a significant “So what?” question. Are such sentiments anything but lofty aspirations for idealists or are …

Homeland Security And Community Policing: Shift In Federal Funding Post Sep. 11: From Community Policing To Homeland Security, Mohsen S. Alizadeh

Dissertations, Theses, and Capstone Projects

In the aftermath of the 9/11, Homeland Security became the major model of the American Policing system, thus superseding community policing model. The purpose of this research is to use "before and after study design" to follow the grant trends of policing systems in order to examine whether the catastrophic events of 9/11 had a positive or negative impact on the grant funds of the mentioned policing models. Preliminary analyses revealed that there is significant difference in the mean level of funding prior and after the event for Homeland Security, community policing, and general policing programs. Segmented and Stepwise Regressions …

Guilty Stereotypes: The Social Psychology Of Race And Suspicion In Police Interviews And Interrogations, Sara C. Appleby

Dissertations, Theses, and Capstone Projects

Over 300 people have been exonerated by post conviction DNA testing, unequivocally proving their innocence. Nearly 70% of these post conviction DNA exonerees are members of minority groups, and approximately 69% of those convicted as a result of false confessions are racial/ethnic minorities (www.innocenceproject.org). To date, there is little research on the role of race in police interviews and interrogations. The present research had two goals. First, we examined Black and White participants' experiences during a mock crime interview. Second, using the interviews from Study 1, we evaluated the role suspect race plays in police officers' veracity judgments. Using a …

Must Be 18 Or Older: How Current Domestic Violence Policies Dismiss Teen Dating Violence, Rebecca Pensak

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Cooperative (And Uncooperative) Federalism At Tribal, State, And Local Levels: A Case For Cooperative Charging Decisions In Indian Country, Danna R. Jackson

Montana Law Review

No abstract provided.

Psychology And Effective Lawyering: Insights For Legal Educators, Jean R. Sternlight, Jennifer K. Robbennolt

Journal of Legal Education

No abstract provided.

Psci 474.01: Civil Liberties & Rights Seminar, Patrick Peel

University of Montana Course Syllabi

No abstract provided.

Brougham’S Ghost, Michael Ariens

Northern Illinois University Law Review

In defending Queen Caroline in the House of Lords, Henry Brougham declared, “[a]n advocate, by the sacred duty of his connection with his client, knows, in the discharge of that office, but one person in the world, that client and none other.” Brougham’s ethic of advocacy has been cited repeatedly as stating the American lawyer’s duty of zealous representation of a client. It has often been called the “classic statement” of zealous representation and representing the “traditional view of the lawyer’s role.” This essay challenges these conclusions. Brougham’s rhetoric was neither a classic statement of the duty of loyalty to …

Southern Educator, Georgia Southern University

College of Education: News & Publications (2003-2023)

• Early Childhood Education M.Ed. Earns Top 25 by The Best Schools
• Young Artists Showcased at COE Event
• NYAR Center Names High Flying Schools in Georgia
• Faculty News
• Alumni News

Admit Or Deny: A Call For Reform Of The Sec's "Neither-Admit-Nor-Deny" Policy, Priyah Kaul

University of Michigan Journal of Law Reform

For four decades, the SEC’s often-invoked policy of settling cases without requiring admissions of wrongdoing, referred to as the “neither-admit-nor-deny” policy, went unchallenged by the courts, the legislature, and the public. Then in 2011, a harshly critical opinion from Judge Jed Rakoff in SEC v. Citigroup incited demands for reform of this policy. In response to Judge Rakoff’s opinion, the SEC announced a modified approach to settlements. Under the modified approach, the Commission may require an admission of wrongdoing if a defendant’s misconduct was egregious or if the public markets would benefit from an admission. Many supporters of the neither-admit-nor-deny …

Surviving The Streets Of New York: Experiences Of Lgbtq Youth, Ymsm, And Ywsw Engaged In Survival Sex, Meredith Dank, Jennifer Yahner, Kuniko Madden, Isela Bañuelos, Lilly Yu, Andrea Ritchie, Mitchyll Mora, Brendan M. Conner

Faculty Publications

No abstract provided.

An Examination Of Victory Seeker Use And Recidivism, Michael Rutkowski

Theses and Dissertations

The current study extended earlier findings about the RealVictory program by using a larger sample and by examining Victory Seeker phone use in more detail. Using a sample of 144 juveniles, it was found that as the number of calls answered increased, the likelihood of a rearrest and the number of rearrests decreased slightly but the differences were not statistically significant. However, as the number of calls increased, the likelihood of a felony rearrest decreased significantly and the total number of felony arrests decreased significantly. These findings suggest that Victory Seeker may be a useful tool to reinforce and provide …

Letting Innocence Suffer: The Need For Defense Access To The Law Enforcement Dna Database, Jason Kreag

Cardozo Law Review

Law enforcement has gradually amassed a sizable DNA database that holds considerable promise for solving cold cases and identifying suspects. The Supreme Court has blessed this effort, allowing investigators to include profiles of arrestees as well as convicted persons in the database. At present, though, law enforcement has a near monopoly on use of the DNA database, leaving defendants at the whim of the law enforcement officials who control access to this tool. Legal scholars have alternatively praised and decried the database, but none has examined its prospects for proving defendants' innocence post-conviction. This Article fills that void by identifying …

Indemnification As An Alternative To Nullification, Robert A. Mikos

Montana Law Review

No abstract provided.

Fast And Furious: The Influence Of Implicit Aggression, Premeditation, And Provoking Situations On Malevolent Creativity, Daniel J. Harris, Roni Reiter-Palmon

Psychology Faculty Publications

Being intentionally harmful in original ways has been termed 'malevolent creativity.' The empirical study of malevolent creativity is still in its infancy, so developing a strong foundation of its antecedents is paramount. Three factors were identified as potentially influencing the generation of malevolently creative ideas: implicit aggression, which is aggression that is beyond one’s conscious awareness; premeditation, a facet of impulsivity that pertains to the degree of planning and forethought an individual engages in before acting; and situations that condone or otherwise provoke the use of malevolent creativity. Consistent with our hypotheses, and in accordance with the theory of trait …

Street Code Adherence, Callous-Unemotional Traits And The Capacity Of Violent Offending Versus Non-Offending Urban Youth To Mentalize About Disrespect Murder, Zoe A. Berko

Dissertations, Theses, and Capstone Projects

National statistics are not available on the proportion of violent juvenile offenses driven by the experience of being disrespected. However, the New York Police Department estimates that about 40% of the city's shootings involve members of violent crews of 12 to 20 year olds with most of this gun violence driven by incidents of disrespect. Mentalization, defined as the ability to envision mental states (i.e., feelings, beliefs and intentions) in oneself and others, is viewed as underlying affect regulation, impulse control, self-monitoring, and the experience of self-agency, all of which are implicated in interpersonal violence (Fonagy, Gergely, Jurist, & Target, …

The Myth Of The Unteachable: Youth, Race And The Capacity Of Alternative Pedagogy, Cathy R. Borck

Dissertations, Theses, and Capstone Projects

My research consisted of three years of qualitative inquiry, including 62 interviews with members of the Department of Education, school administrators, teachers and students, as well as a yearlong ethnography at a transfer school that I chose because of its history of success with the city's hardest- to-reach youth. To my knowledge, mine is the first formal study of New York City transfer schools. "Transfer schools" are New York City's public alternative schools, which serve "over-age, under- credited" high school students (i.e. students who are "behind" in school). These students experience many challenges and interruptions to their education, including homelessness, …

Child Abductors Who Have Killed Their Victims: A Theoretical Approach To Spatial Analysis, Tonya M. Desa

Dissertations, Theses, and Capstone Projects

Despite the intense and prolonged public attention received when a child is abducted and killed, there are major gaps in the academic literature. One of the gaps pertains to the distances traveled by the offender between key crime locations. The overall aim of this study was to provide information concerning typical travel distances of offenders. This project utilized an archival data set compiled by the Federal Bureau of Investigation, National Center for the Analysis of Violent Crime. The database constructed for this project consisted of 72 victims who were abducted and murdered by 68 offenders. The date range for these …

Pennsylvania Academic Career/Technical Training Alliance Initiative: Engaging Youth In School And Work, Marna Goodman

Dissertations, Theses, and Capstone Projects

This research offers a feasibility study on the effectiveness of the Pennsylvania Academic Career Technical Training Alliance (PACTT) at engaging youth in school and work upon return to the community. The sample included adjudicated youth from Allegheny County, Pennsylvania committed to PACTT-affiliated residential facilities and who discharged between July1, 2011 and June 31, 2012. An overview of the PACTT Initiative, with specific attention to its core elements, is presented and examined in the context of Ecological Systems Theory. Secondary data was analyzed using logistic regression to measure the overall impact of the five PACTT elements, dosage of PACTT elements, and …

The Impact Of Police Misconduct In Kings County On New York City's Civil Liability 2006-2010, Brian A. Maule

Dissertations, Theses, and Capstone Projects

The confluence of police misconduct and civil liability is an issue of growing concern for many communities throughout the U.S. today. The gravamen of the issue is evident in increases in the number of lawsuits alleging police misconduct and the civil liability that results from these lawsuits.

In New York City during the period 1997-2005 the cost for police misconduct went from $27.9 million in 1997 to $40.4 million in 2005 (Thompson, 2007). Concerns over these increases have resulted in efforts to curb both the number of lawsuits brought against the New York Police Department and the civil liability to …

Inmate-, Incident-, And Facility-Level Factors Associated With Escapes From Custody And Violent Outcomes, Bryce E. Peterson

Dissertations, Theses, and Capstone Projects

Introduction: Preventing escapes from custody is a critical function of prisons, jails, and the individuals who run these correctional facilities. Escapes are a popular topic in the news, among lawmakers, and in public discourse. Much of this interest stems from the widespread notion that escapees pose a serious threat to public safety, as well to the safety of correctional staff and law enforcement officers tasked with preventing and apprehending them. However, despite the importance of preventing escapes and minimizing violence, there has been very little empirical research on these issues in the past several decades. Extant research has also been …

Taking Flight – February 2015 Edition, Georgia Southern University

College of Business: News & Publications

• Message from the Dean
• Viral Video Competition Advinup Wins 3 Day Startup
• Savannah Eagle Executive Exchange
• Alumni Spotlight: Sean Knox
• 12th Annual Distinguished Forensic Accounting Lecturer, James D. Durham
• Professionally Captured – February 11 STEM Career Fair & February 25 Eagle Expo Career Fair
• Young Alumni Board Meeting
• Eagle Executive Magazine
• Save the Date – Business at the Ballpark
• Georgia WebMBA Ranked by CEO Magazine
• Finance Student Wins Best Paper Award

Criminal Justice News, Georgia Southern University

Criminal Justice & Criminology: News & Publications (2012-2023)

• Alumna Accepted into Ph.D. Program at Penn State

Building Legal Competency: Foundations For A More Effective Criminology And Criminal Justice Discipline, Claire Nolasco, Rolando V. Del Carmen, Kevin F. Steinmetz, Michael S. Vaughn, Aneta Spaic

Criminology and Criminal Justice Faculty Publications (Archived)

This article argues for the need to build legal competency in the discipline of criminal justice and criminology through incorporating law courses in its PhD program curriculum, whether as black letter law (i.e. criminal law, criminal procedure, courts), sociology of law, or socio-legal studies (i.e. law and society courses). Through requiring law courses as a necessary and integral part of the curriculum, and recognizing the mainstream impact of these courses, the discipline stands to enrich the field of legal studies in criminology and criminal justice. The discipline’s need and demand for law trained tenure track faculty with PhD credentials can …

Probing The Law On Probation: Suggestions For Reform, Darius Chan

Research Collection Yong Pung How School Of Law

To any criminal law practitioner, the Court’s power to grant probation as a sentencing option is of significant importance. Probation represents, to their clients, the key out of incarceration.Section 5 of the Probation of Offenders Act (Cap 252, 1985 Rev Ed) (“POA”) sets out the power of the Singapore Courts to grant probation. Section 5 uses three peculiar terms to create three categories of offences, namely:1. Sentences which are “fixed by law”; 2. Sentences carrying “specified minimum sentences”; and 3. Sentences carrying “mandatory minimum sentences”.For the latter two categories of offences, the Court can only grant probation if the offender:1. …

Ineffective Assistance Of Counsel: How Illinois Has Used The "Prejudice" Prong Of Strickland To Lower The Floor On Performance When Defendants Plead Guilty, Erin A. Conway

Northwestern University Law Review

No abstract provided.

Qualified Immunity, Constitutional Stagnation, And The Global War On Terror, Sarah L. Lochner

Northwestern University Law Review

No abstract provided.