Law Commons^™

Legal Pressure To Attend Substance Abuse Treatment, Angelicia Courteau

AUCTUS: The Journal of Undergraduate Research and Creative Scholarship

This paper was written to bring awareness of how the legal system does not take into consideration those who suffer from substance use disorder, as well as ACEs. Brian Luke Burijon’s battle with addiction while incarcerated was used as an example of how the legal system’s one-size-fits-all approach is flawed. Mr. Burijon opted for a treatment he did not feel was ideal for him because the alternative was to remain incarcerated for a long period. Mr. Burijon was unable to tolerate the treatment at the facility and left early, which resulted in his overdose death.

Relations Between Peer Influence, Perceived Cost Versus Benefits, And Sexual Offending Among Adolescents Aware Of Sex Offender Registration Risk, Cynthia J. Najdowski, Hayley M. D. Cleary, Paige M. Oja

Psychology Faculty Scholarship

A policy's general deterrent effect requires would-be offenders to be aware of the policy, yet many adolescents do not know they could be registered as sex offenders, and even adolescents who do know may still commit registerable sexual offenses. We tested whether peer influences shape the perceived costs/benefits of certain sexual offenses and, subsequently, registration policy's general deterrent potential in a sample of policy-aware adolescents. The more adolescents believed their peers approve of sexting of nude images, the more likely they were to have sexted. For forcible touching, having more positive peer expectations about sex and perceiving forcible touching as …

The Effects Of Criminal Embeddedness On School Violence In Brazil, Elenice De Souza De Souza Oliveira, Braulio Figueiredo Alves Da Silva, Silvio Segundo Salej Higgins

Department of Justice Studies Faculty Scholarship and Creative Works

This study examines the influence of criminal embeddedness on the intensity of criminal behavior among primary and secondary school students in a large Brazilian city. A database conceived by the Center for the Study of Crime and Public Security at the Federal University in Minas Gerais is used to analyze the involvement of youths displaying delinquent behavior at home or at school and how school performance and peer relationships are effected. Based on differential association and learning theories, the main hypotheses are (1) the greater the criminal embeddedness, the lower the degree of school satisfaction as well as future expectation …

The Influence Of Religion On The Criminal Behavior Of Emerging Adults, Christopher Salvatore, Gabriel Rubin

Department of Justice Studies Faculty Scholarship and Creative Works

Recent generations of young adults are experiencing a new life course stage: emerging adulthood. During this ‘new’ stage of the life course, traditional social bonds and turning points may not be present, may be delayed, or may not operate in the same manner as they have for prior generations. One such bond, religion, is examined here. Focusing on the United States, emerging adulthood is investigated as a distinct stage of the life course. The criminality of emerging adults is presented, a theoretical examination of the relationship between religion and crime is provided, the role of religion in emerging adults’ lives …

Psychological Ways Of Expressing Appreciations, Experiences, Thanks And Blessings In The Society, Iwasan D. Kejawa Ed.D

Department of Educational Psychology: Faculty Publications

ABSTRACT: Research has shown that one of the avenues to make aware of once experiences, appreciations and blessings is through writing a gratitude journal or memoir. By journalizing our thought by hands or electronically, it may help us focus them, according to psychologist Robert Emmons, who says that he does this routinely to remind himself; it makes apple of time to understand the meaning and importance of people and events. It has been found that one should go for a depth in writing rather than breadth, because this will help one to enjoy what one appreciates, and what to keep …

How Should Justice Policy Treat Young Offenders?, B J. Casey, Richard J. Bonnie, Andre Davis, David L. Faigman, Morris B. Hoffman, Owen D. Jones, Read Montague, Stephen J. Morse, Marcus E. Raichle, Jennifer A. Richeson, Elizabeth S. Scott, Laurence Steinberg, Kim A. Taylor-Thompson, Anthony D. Wagner

All Faculty Scholarship

The justice system in the United States has long recognized that juvenile offenders are not the same as adults, and has tried to incorporate those differences into law and policy. But only in recent decades have behavioral scientists and neuroscientists, along with policymakers, looked rigorously at developmental differences, seeking answers to two overarching questions: Are young offenders, purely by virtue of their immaturity, different from older individuals who commit crimes? And, if they are, how should justice policy take this into account?

A growing body of research on adolescent development now confirms that teenagers are indeed inherently different from adults, …

The Complex Combatant: Constructions Of Victimhood And Perpetrator-Hood In Gulu District, Northern Uganda, Kyra Fox

Independent Study Project (ISP) Collection

In the wake of the Lord’s Resistance Army (LRA) conflict in Northern Uganda, both the local and international community struggle to define the “victims” and “perpetrators” of a conflict that transformed ordinary civilians into combatants. Made up primarily of child soldiers, the LRA forcefully abducted and conscripted children across Northern Uganda to fight in a guerilla war against the Ugandan government. LRA members were forced to murder their own families and terrorize their home villages in an attempt to disorient and desensitize them to lives of violence. Some became willing, even eager fighters; others struggled daily to live with their …

We Don’T Always Mean What We Say: Attitudes Toward Statutory Exclusion Of Juvenile Offenders From Juvenile Court Jurisdiction, Tina Zotolli, Tarika Daftary Kapur, Patricia A. Zapf

Department of Justice Studies Faculty Scholarship and Creative Works

In the United States, juvenile offenders are often excluded from the jurisdiction of the juvenile court on the basis of age and crime type alone. Data from national surveys and data from psycholegal research on support for adult sanction of juvenile offenders are often at odds. The ways in which questions are asked and the level of detail provided to respondents and research participants may influence expressed opinions. Respondents may also be more likely to agree with harsh sanctions when they have fewer offender- and case-specific details to consider. Here, we test the hypothesis that attitudes supporting statutory exclusion laws …

2015 Massachusetts Family Impact Seminar, Emily M. Douglas Ph.D., Melinda Gushwa Ph.D., Licsw, Martha J. Henry Ph.D.

Mosakowski Institute for Public Enterprise

Mission Critical: Reforming Foster Care and Child Protective Services is the sixth Massachusetts Family Impact Seminar. It is designed to emphasize a family perspective in policymaking on issues related to reforming foster care and child protective services in the Commonwealth. In general, Family Impact Seminars analyze the consequences an issue, policy, or program may have for families.

A First Look At The Plea Deal Experiences Of Juveniles Tried In Adult Court, Tarika Daftary-Kapur, Tina Zottoli

Department of Justice Studies Faculty Scholarship and Creative Works

While there is a large body of research on the legal capacities of adolescents, this research largely has neglected the plea-deal context. To learn about adolescents’ understanding of the plea process and their appreciation of the short- and long-term consequences of accepting a plea deal, we conducted interviews with 40 juveniles who were offered plea deals in adult criminal court. Participants displayed a limited understanding of the plea process were not fully aware of their legal options and appeared to be overly influenced by the short-term benefits associated with accepting their plea deals. Limited contact with attorneys may have contributed …

Improving Sexuality Education: The Development Of Teacher-Preparation Standards, Elissa M. Barr, Eva Goldfarb, Susan Russell, Denise Seabert, Michele Wallen, Kelly L. Wilson

Department of Public Health Scholarship and Creative Works

BACKGROUND: Teaching sexuality education to support young people’s sexual development and overall sexual health is both needed and supported. Data continue to highlight the high rates of teen pregnancy, sexually transmitted diseases, including human immunodeficiency virus (HIV) infections, among young people in the United States as well as the overwhelming public support for sexuality education instruction. In support of the implementation of the National Sexuality Education Standards, the current effort focuses on better preparing teachers to deliver sexuality education. METHODS: An expert panel was convened by the Future of Sex Education Initiative to develop teacher-preparation standards for sexuality education. Their …

Growing Ideas - Partnering With An Early Childhood Mental Health Consultant, University Of Maine Center For Community Inclusion And Disability Studies

Early Childhood Resources

Early Childhood Mental Health Consultation (ECMHC) is a collaborative relationship between a mental health consultant and families, care and education professionals, and/or early care and education teachers. ECMHC strives to improve the ability of families, teachers, and care and education professionals to promote, sustain and restore healthy social and emotional development for all children. Early Childhood Mental Health Consultation approaches challenging situations with children from a problem solving perspective. ECMHC is not a therapeutic intervention: it occurs in the children's natural settings - child care, home, and school.

Growing Ideas - Early Childhood Mental Health Consultation, University Of Maine Center For Community Inclusion And Disability Studies

Early Childhood Resources

Early Childhood Mental Health Consultation (ECMHC) is a collaborative relationship between a mental health consultant and family members, child care providers, early care and education teachers, and/ or child development professionals. ECMHC strives to improve the ability of families, teachers, and caregivers to promote, sustain and restore healthy social and emotional development for all children. It supports building and maintaining healthy working relationships between care and education professionals and families.

African American Families' Expectations And Intentions For Mental Health Services, Cynthia J. Najdowski, Richard Thompson, Barbara L. Dancy, Tisha R. A. Wiley, Sylvia P. Perry, Jason Wallis, Yara Mekawi, Kathleen Knafl

Psychology Faculty Scholarship

A cross-sectional qualitative descriptive design was used to examine the links among expectations about, experiences with, and intentions toward mental health services. Individual face-to-face interviews were conducted with a purposive sample of 32 African American youth/mothers dyads. Content analysis revealed that positive expectations were linked to positive experiences and intentions, that negative expectations were not consistently linked to negative experiences or intentions, nor were ambivalent expectations linked to ambivalent experiences or intentions. Youth were concerned about privacy breeches and mothers about the harmfulness of psychotropic medication. Addressing these concerns may promote African Americans’ engagement in mental health services.

Shots For Tots?, Eric A. Feldman

All Faculty Scholarship

By endorsing the use of a vaccine that makes the experience of puffing on a cigarette deeply distasteful, Lieber and Millum have taken the first few tentative steps into a future filled with medical interventions that manipulate individual preferences. It is tempting to embrace the careful arguments of “Preventing Sin” and celebrate the possibility that the profound individual and social costs of smoking will finally be tamed. Yet there is something unsettling about the possibility that parental discretion may be on the cusp of a radical expansion, one that involves a new and unexplored approach to behavior modification.

The Legal Significance Of The Psychological Ability To Appreciate The “Other”, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

Recently the U.S. Supreme Court, citing neurological and psychological studies, held that because juveniles are deficient in appreciating consequences to others, they should never be given the death penalty. The author found, in his years as a legal scholar, educator, and practitioner, that “appreciating the ‘other’”--putting oneself in the position of others---is critical to law and the study of law in more than the obvious ways.

The author became aware of empirical studies and psychological experiments demonstrating that children below a certain age have trouble seeing things from another’s vantage point, and found that the facility to do so develops …

The Kids Aren't Alright: Every Child Should Have An Attorney In Child Welfare Proceedings In Florida, Michael J. Dale, Louis M. Reidenberg

Faculty Scholarship

This article is a continuation of a discussion as to why, as a matter of Florida constitutional law, public policy, and professional ethics, Florida's children need independent attorneys from the inception of all dependency and termination of parental rights cases to their completion. It is based upon events which have occurred since the authors' last article on this topic in the Nova Law Review, including the Barahona case, the resolution by the American Bar Association (ABA) in August 2011 at its Annual Convention in Toronto adopting the ABA Model Act Governing the Representation of Children in Abuse, Neglect, and Dependency …

Predators And Propensity: The Proper Approach For Determining The Admissibility Of Prior Bad Acts Evidence In Child Sexual Abuse Prosecutions, Basyle Tchividjian

Faculty Publications and Presentations

PREDATORS AND PROPENSITY: THE PROPER APPROACH FOR DETERMINING THE ADMISSIBILITY OF PRIOR BAD ACTS EVIDENCE IN CHILD SEXUAL ABUSE PROSECUTIONS

Basyle J. Tchividjian†

Abstract

The admissibility of prior bad act evidence in child sexual abuse prosecutions oftentimes makes the difference between a guilty and not guilty verdict. Recently, jurisdictions have growingly embraced the admission of such evidence for the purpose of establishing the defendant’s propensity to sexually victimize children. Due to the potentially high prejudicial effect of admitting propensity evidence, it is more critical than ever that courts carefully apply the decisive evidentiary gatekeeper, the probative value balancing test …

Sexuality Education, Eva Goldfarb, Norman A. Constantine

Department of Public Health Scholarship and Creative Works

Sexuality education comprises the lifelong intentional processes by which people learn about themselves and others as sexual, gendered beings from biological, psychological, and sociocultural perspectives. It takes place through a potentially wide range of programs and activities in schools, community settings, religious centers, as well as informally within families, among peers, and through electronic and other media. Sexuality education for adolescents occurs in the context of the biological, cognitive, and social-emotional developmental progressions and issues of adolescence. Formal sexuality education falls into two main categories: behavior change approaches, which are represented by abstinence-only and abstinence-plus models, and healthy sexual development …

Growing Up Policed In The Age Of Aggressive Policing Policies, Brett G. Stoudt, Michelle Fine, Madeline Fox

Publications and Research

Spray-painted atop an old tenement building in the East Village of Manhattan is a large fossilized graffiti image of a tyrannosaurus rex that reads: “NYC EATS ITS YOUNG.” With its ribs exposed and mouth open, this image represents symbolically what many young people in the neighborhood already know intimately and have experienced: New York City (NYC) is not an easy place to grow up. Their social safety nets are being dismantled and the public institutions they rely on every day often fail them. In NYC, public school budgets are being slashed each year even though the high school dropout/push-out rates …

Rhode Island Family Court And The Best Interests Of Children, Alexandra Arnold

Senior Honors Projects

With the continuous rise of the divorce rate in America, there is also an increase in the number of children and adolescents who must suffer through the divorce along with their parents. For some, the divorce is a relief and can be a positive change in their lives. For others, it is difficult and devastating, filled with conflict and tension. Whatever the circumstances, there are permanent effects that children experience as a result of their parents’ divorce. These effects of divorce on children are becoming better known as generations of children grow up in a single parent home. The court …

Early Predictors Of Sexual Behavior: Implications For Young Adolescents And Their Parents, Lisa D. Lieberman

Department of Public Health Scholarship and Creative Works

The study provides empirical evidence of the independent contribution of nonsexual romantic relationships in the seventh grade to the onset of sexual intercourse by the ninth grade for both males and females. In addition, it shows that among females, seventh graders in serious relationships with older teenagers—uniquely defined as those two or more years older—have an increased likelihood of sex in the ninth grade. Finally, the study demonstrates that seventh graders of both genders who have had serious romantic relationships were already significantly different in the sixth grade from those who have not: They had peers who were more accepting …

Foster Care Safety And The Kinship Cue Of Attitude Similarity, David J. Herring

Articles

This article brings behavioral biology research on attitude similarity as a kinship cue to bear on the laws, policies, and practices surrounding the placement of children in foster care. The basic logic of the article relies on the nature and power of kinship cues. Individuals perceive others as kin through fallible, often unconscious mechanisms. Because these mechanisms are fallible, individuals may come to believe that unrelated persons are kin.

Once a cue gives rise to the perception of kinship, the individual who acquires this perception about another person is more likely to treat that other person favorably, providing important benefits …

Mental Health Of Incarcerated Juveniles In Nevada: Final Report, Nevada Institute For Children's Rerearch And Policy, University Of Nevada, Las Vegas, Jennifer Petsonius, Denise Tanata, Michelle Chino Dr

Nevada Institute for Children's Research and Policy Reports

The prevalence of mental health problems in the juvenile offender population is substantially higher than that of the general population (Cocozza & Skowyra, 2000). Studies estimate that one in five juvenile offenders has serious mental health problems, which is nearly twice the rate of occurrence of mental illness in children and adults in the general population (NMHA Fact Sheet #l). However, there have been several methodological problems encountered in previous research. These include the use of inconsistent definitions and measurements of mental illness; the use of biased, nonrandom samples, a reliance on retrospective case report data, and the use of …

Long-Term Outcomes Of An Abstinence-Based, Small-Group Pregnancy Prevention Program In New York City Schools, Lisa D. Lieberman, Heather Gray, Megan Wier, Renee Fiorentino, Patricia Maloney

Department of Public Health Scholarship and Creative Works

Context: Despite drops in U.S. teenage birthrates, questions continue to arise about how best to reduce the country's adolescent birthrate. School-based programs continue to be considered one of the best ways to reach adolescents at risk of early sexual activity.

Methods: A total of 312 students completed a pretest, a posttest and a follow-up one year after the posttest: 125 who had participated in a 3-4-month-long abstinence-based small-group intervention led by trained social workers, and 187 in a comparison group that received no special services.

Results: There were few significant differences between the intervention and comparison groups at posttest. At …