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Criminal Law

2009

Selected Works

Institution
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Articles 1 - 30 of 124

Full-Text Articles in Law

Toward A Theory Of Procedural Justice For Juveniles, Tamar R. Birckhead Nov 2009

Toward A Theory Of Procedural Justice For Juveniles, Tamar R. Birckhead

Tamar R Birckhead

Courts and legislatures have long been reluctant to make use of the data, findings, and recommendations generated by other disciplines when determining questions of legal procedure affecting juveniles, particularly when the research has been produced by social scientists. However, given the United States Supreme Court’s recent invocation of developmental psychology in Roper v. Simmons, which invalidated the juvenile death penalty, there is reason to believe that such resistance is waning. In 2005 the Simmons Court found, inter alia, that based on research on adolescent development, juveniles are not as culpable as adults and, therefore, cannot be classified among the “worst …


13. Interviewing Children., Thomas D. Lyon Nov 2009

13. Interviewing Children., Thomas D. Lyon

Thomas D. Lyon

There is sufficient empirical evidence and consensus to begin to build guidelines, including the interview structure, setting, interviewer demeanor, children's reluctance and suggestibility, rapport development, narrative practice, introducing the topic of abuse, avoiding concepts that confuse children, instructions to children, phrasing of questions, evidence-based strategies for eliciting details, and multiple interviews.


A Complexidade Do Problema E A Simplicidade Da Solução: A Questão Das Penas Mínimas, Maira Machado Nov 2009

A Complexidade Do Problema E A Simplicidade Da Solução: A Questão Das Penas Mínimas, Maira Machado

Núcleo de Estudos sobre o Crime e a Pena

Este relatório busca oferecer elementos ao debate sobre a pertinência das penas mínimas de prisão na legislação criminal. Após um exercício de conceituação da pena mínima, narramos brevemente as práticas legislativas de países com diferentes tradições jurídicas (França, Brasil e Canadá) nos últimos duzentos anos. O objetivo aqui foi traçar um panorama do surgimento dessa prática e realçar as diferentes formas construídas pela legislação para flexibilizar ou minimizar seus efeitos. Em seguida, narramos, em relação aos mesmos países, algumas experiências judiciais de questionamento ou confirmação da prática de estabelecer mínimos na legislação. Esse estudo levou-nos a observar mais de perto …


12. Disclosure Of Child Sexual Abuse., Thomas D. Lyon, Elizabeth C. Ahern Oct 2009

12. Disclosure Of Child Sexual Abuse., Thomas D. Lyon, Elizabeth C. Ahern

Thomas D. Lyon

The research supports the proposition that CSA victims often delay disclosure or fail altogether to disclose abuse and that delays and nondisclosure are most common among children abused by a familiar person, especially a family member living in the child's household. The implications of the research are that inconsistencies and recantations in children's reports may be due to reluctance rather than a false allegation.


The Citizens Were Heard, Donna M. Hughes Dr. Oct 2009

The Citizens Were Heard, Donna M. Hughes Dr.

Donna M. Hughes

Congratulations to the citizens of Rhode Island and national anti-trafficking advocates for the legislative victory in Rhode Island. This past week, the Rhode Island Assembly passed an unprecedented pieces of legislation that will protect victims from sex industry predators and give law enforcement the tools they need to arrest pimps, traffickers, and “johns.” 


Victory In Rhode Island, Donna M. Hughes Dr., Michael Horowitz Oct 2009

Victory In Rhode Island, Donna M. Hughes Dr., Michael Horowitz

Donna M. Hughes

In stunning culmination of a David-Goliath struggle that, at least until lately, few believed the David side had the slightest chance of winning, the Rhode Island legislature enacted three major anti-trafficking bills last night that the Governor will soon sign into law. 


Testimony On Prostitution Bill, Senate Judiciary Committee, Oct 2009, Donna M. Hughes Dr. Oct 2009

Testimony On Prostitution Bill, Senate Judiciary Committee, Oct 2009, Donna M. Hughes Dr.

Donna M. Hughes

I am here to support a bill that will give Rhode Island the prostitution law it needs to combat the growing sex industry and sex trafficking. 

Many letters and reports have been written describing the problems that decriminalized prostitution has created for Rhode Island. We know that women from foreign countries are here in the spa-brothels. We know that U.S teens are trafficked here from other states. We know there is much evidence of sex trafficking in the Asian spa-brothels and strip clubs. 


Testimony For Trafficking Bill, Rhode Island House Judiciary Committee, Oct 2009, Donna M. Hughes Dr. Oct 2009

Testimony For Trafficking Bill, Rhode Island House Judiciary Committee, Oct 2009, Donna M. Hughes Dr.

Donna M. Hughes

I am here to support a trafficking bill that will do two things: 
1) Criminalize forced labor as a form of human trafficking. 
2) Make it easier to prosecute sex trafficking of minors by removing the requirement to prove force, fraud, or coercion. 


John Contracts Skin Disease At Spa, Donna M. Hughes Dr., Melanie Shapiro Esq Oct 2009

John Contracts Skin Disease At Spa, Donna M. Hughes Dr., Melanie Shapiro Esq

Donna M. Hughes

A virus that causes a skin disease called Molluscum contagiosum is being spread at a spa-brothel in Providence. Molluscum contagiosum is a skin disease caused by a virus. The infection causes small white, pink, or flesh-colored bumps or growths on areas which came in contact with the infected skin of another person. Molluscum contagiosum can be treated or will disappear on its own, although it takes time. According to the Center for Disease Control “the bumps disappear on their own within 6 months. However, they may not go away completely for up to 4 years.” The person can infect another …


Prostitution Destroys Families, Anonymous In Providence, Donna M. Hughes Dr. Sep 2009

Prostitution Destroys Families, Anonymous In Providence, Donna M. Hughes Dr.

Donna M. Hughes

The bill against indoor prostitution should be passed. [Prostitution] destroys many families. What happens when a wife catches her husband going to spa or strip clubs? Divorce usually, and then the children involved go to counseling and so does the wife. Medical costs rise, not including STD’s the men catch from these women. To worry about what jobs they’ll get if they can’t do sex acts, well dancing for men is one thing, having sex with them is [another]. If [prostitution] is no longer allowed, the club owners should pay the fines if they cannot control what happens in their clubs. 


Senate Prostitution Bill Weakens Law, Jim Meyen, Donna M. Hughes Dr. Sep 2009

Senate Prostitution Bill Weakens Law, Jim Meyen, Donna M. Hughes Dr.

Donna M. Hughes

No abstract provided.


Individual Liability Of Company Officers, Neil J. Foster Sep 2009

Individual Liability Of Company Officers, Neil J. Foster

Neil J Foster

It has been recognised for some time that a key strategy in changing corporate behaviour is the possibility of personal liability being sheeted home to individual company officers. This paper argues for the desirability of laws imposing personal liability, discusses the operation of law imposing such liability in the law of occupational health and safety in the UK, and compares that law with the operation of similar law in another common law jurisdiction, the Australian State of New South Wales. It is hoped that the comparison and review of the fairly extensive case law which has developed under the NSW …


Life Is Precious, Donna L. Landry, Donna M. Hughes Dr. Sep 2009

Life Is Precious, Donna L. Landry, Donna M. Hughes Dr.

Donna M. Hughes

 Human Trafficking is Slavery in our lifetime. Many women and children are deceived, coerced, or forced into a life of bondage and exploitation 


Levesque Misrepresents View Of Laura Lederer, Donna M. Hughes Dr. Sep 2009

Levesque Misrepresents View Of Laura Lederer, Donna M. Hughes Dr.

Donna M. Hughes

Last week (September 4, 2009), Senator Charles Levesque (D-Portsmouth and Bristol) sent an email that misrepresented the view of Laura Lederer on the need for a prostitution law in Rhode Island. His email is reproduced in full below. Senator Levesque’s letter was printed in the Providence Journal (September 9, 2009) under the title “Anti-prostitution law means more deaths.” 


Senators' Prostitution Bill Is A Sham, Donna M. Hughes Dr. Sep 2009

Senators' Prostitution Bill Is A Sham, Donna M. Hughes Dr.

Donna M. Hughes

RHODE ISLAND needs a good prostitution law to halt the metastasizing problems of prostitution and sex trafficking. The growing number of spas and clubs are sordid destinations for foreign women and teens from around the Northeast. To address this problem, both the House and the Senate have passed bills they claim “close the loophole.” But the competing bills are profoundly different in their probable effectiveness. 


Examining The "Csi-Effect" In The Cases Of Circumstantial Evidence And Eyewitness Testimony: Multivariate And Path Analyses, Hon. Donald E. Shelton, Young S. Kim, Gregg Barak Sep 2009

Examining The "Csi-Effect" In The Cases Of Circumstantial Evidence And Eyewitness Testimony: Multivariate And Path Analyses, Hon. Donald E. Shelton, Young S. Kim, Gregg Barak

Hon. Donald E. Shelton

As part of a larger investigation of the changing nature of juror behavior in the context of technology development, this study examined important questions unanswered by previous studies on the “CSI-effect.” In answering such questions, the present study applied multivariate and path analyses for the first time. The results showed that (a) watching CSI dramas had no independent effect on jurors' verdicts, (b) the exposure to CSI dramas did not interact with individual characteristics, (c) different individual characteristics were significantly associated with different types of evidence, and (d) CSI watching had no direct effect on jurors' decisions, and it had …


Speak Your Voice On Prostitution Bill, Donna L. Landry, Donna M. Hughes Dr. Aug 2009

Speak Your Voice On Prostitution Bill, Donna L. Landry, Donna M. Hughes Dr.

Donna M. Hughes

Now is the time to speak your voice and urge your Senator to pass the House bill H5044A. Now is the time to close the loophole of indoor prostitution in Rhode Island. Negotiations are ongoing, so please write letters to your senator and circulate petitions now. 


Professionalism And The Public, Beau James Brock Aug 2009

Professionalism And The Public, Beau James Brock

Beau James Brock

Powerpoint on professionalism and our symbiotic relationship with the public as reflected through cultural myths and media lenses.


Professionalism - Jeopardy, Beau James Brock Aug 2009

Professionalism - Jeopardy, Beau James Brock

Beau James Brock

Jeopardy power point on professionalism used in conjunction with "Professionalism and the Public" powerpoint discussion.


Protect Our Children, Jenny Meyen, Donna M. Hughes Dr. Aug 2009

Protect Our Children, Jenny Meyen, Donna M. Hughes Dr.

Donna M. Hughes

There is something very disturbing about a business that advertises they are for “men and children” and evidence exists that this business has sexual acts occurring in the same building. That business is Gateway Barber and they advertise that they do haircuts, but that is not the only thing they do. According to the internet they are known as Salon 657 and described as offering erotic services. Gateway Barber is located on West Main Road in between two family restaurants. By all appearances one would assume that this is a “family business”. 


Top Us Official On Trafficking Says Lack Of Prostitution Law Creates A "Zone Of Impunity" For Traffickers, Donna M. Hughes Dr. Aug 2009

Top Us Official On Trafficking Says Lack Of Prostitution Law Creates A "Zone Of Impunity" For Traffickers, Donna M. Hughes Dr.

Donna M. Hughes

The lack of a law against indoor prostitution can create a “zone of impunity in which police can’t go, and where traffickers can exploit their prey,” according to Luis CdeBaca, Ambassador at Large to Combat Human Trafficking and Director of the Office to Monitor and Combat Trafficking in Persons in the U.S. State Department.


Sex Radicals Target Rhode Island, Margaret Brooks, Donna M. Hughes Dr. Aug 2009

Sex Radicals Target Rhode Island, Margaret Brooks, Donna M. Hughes Dr.

Donna M. Hughes

Citizens Against Trafficking responds to the letter from 50 academics who support the status quo of decriminalized prostitution (indoors) in Rhode Island.On July 31, 2009, a letter co‐authored by Ronald Weitzer and Elizabeth Anne Wood and signed by 48 other “members of the academic community” was sent to the Rhode Island General
Assembly opposing any bill banning prostitution indoors.


Evicted Brothel Relocates, Melanie Shapiro Esq, Donna M. Hughes Dr. Aug 2009

Evicted Brothel Relocates, Melanie Shapiro Esq, Donna M. Hughes Dr.

Donna M. Hughes

As it has become apparent that Rhode Island will pass a law prohibiting prostitution, property owner Joseph Paolino moved to evict a spa-brothel in his building. The Bali Day Spa has relocated to a sister spa-brothel at Smithfield Avenue.


Tattoos Of Girls Under Pimp Control & Pimp Rules For The Control Of Victims, Donna M. Hughes Dr. Aug 2009

Tattoos Of Girls Under Pimp Control & Pimp Rules For The Control Of Victims, Donna M. Hughes Dr.

Donna M. Hughes

I have been collecting evidence of pimps’ practice of tattooing victims for several years. Tattooing, and sometimes branding or scarification, are marks of ownership. It is one of the ways that pimps maintain physical and psychological control over emotionally vulnerable girls. The girls and young women are frequently tattooed with the initials or street names of pimps. Marks also include gang symbols and $ signs or other symbols for the money the girls earn for the pimp. 


Updates From Middletown, Melanie Shapiro Esq, Donna M. Hughes Dr. Aug 2009

Updates From Middletown, Melanie Shapiro Esq, Donna M. Hughes Dr.

Donna M. Hughes

Asian spa-brothel closes; Middletown Council passes anti-prostitution resolution


Rhode Island Left Out Of Fbi Initiative, Donna M. Hughes Dr. Aug 2009

Rhode Island Left Out Of Fbi Initiative, Donna M. Hughes Dr.

Donna M. Hughes

Rhode Island has been excluded from federal law enforcement investigations of sex trafficking of children because there is no law against prostitution.


Citizens Confront Officials In Middletown, Melanie Shapiro Esq, Donna M. Hughes Dr. Aug 2009

Citizens Confront Officials In Middletown, Melanie Shapiro Esq, Donna M. Hughes Dr.

Donna M. Hughes

The parking lot was overflowing for the Middletown Town Council meeting on Monday evening. Dozens of citizens, including local business owners and parents, were there to express their concern about the presence of spa-brothels in the community and the loss of a children-centered business as a result.


The Legal And Practical Aspects Of Atm's In Tanzania, Daudi Mwita Nyamaka Mr. Jul 2009

The Legal And Practical Aspects Of Atm's In Tanzania, Daudi Mwita Nyamaka Mr.

Daudi Mwita Nyamaka Mr.

The concern of our study was to examine the legal and practical aspects of ATMs in Tanzania. The major problems that were being examined are; the 24 hours operation on ATMs vis-à-vis system failure or error and the system of one bank allowing cardholders of another bank to use its ATMs. With the first problem, all banks in Tanzania with ATMs have attractive advertisements to customers that affirm sufficient services in any time of the day but in reality, the machines usually fail to respond the instructions of the cardholder regardless the fact that the cardholder inserts the card and …


Asian Woman Fled Middletown Brothel Last Year, Melanie Shapiro Esq, Donna M. Hughes Dr. Jul 2009

Asian Woman Fled Middletown Brothel Last Year, Melanie Shapiro Esq, Donna M. Hughes Dr.

Donna M. Hughes

A business owner has told Citizens Against Trafficking that late last year, an Asian women fled a spa-brothel nearby and came to their shop to ask for assistance.


Police-Induced Confessions: Risk Factors And Recommendations, Saul M. Kassin, Steven A. Drizin, Thomas Grisso, Gisli H. Gudjonsson, Richard A. Leo, Allison D. Redlich Jul 2009

Police-Induced Confessions: Risk Factors And Recommendations, Saul M. Kassin, Steven A. Drizin, Thomas Grisso, Gisli H. Gudjonsson, Richard A. Leo, Allison D. Redlich

Richard A. Leo

Recent DNA exonerations have shed light on the problem that people sometimes confess to crimes they did not commit. Drawing on police practices, laws concerning the admissibility of confession evidence, core principles of psychology, and forensic studies involving multiple methodologies, this White Paper summarizes what is known about police-induced confessions. In this review, we identify suspect characteristics (e.g., adolescence; intellectual disability; mental illness; and certain personality traits), interrogation tactics (e.g., excessive interrogation time; presentations of false evidence; and minimization), and the phenomenology of innocence (e.g., the tendency to waive Miranda rights) that influence confessions as well as their effects on …