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Articles 1 - 30 of 61
Full-Text Articles in Law
The Effect Of Private Police On Crime: Evidence From A Geographic Regression Discontinuity Design, John M. Macdonald, Jonathan Klick, Ben Grunwald
The Effect Of Private Police On Crime: Evidence From A Geographic Regression Discontinuity Design, John M. Macdonald, Jonathan Klick, Ben Grunwald
All Faculty Scholarship
Research demonstrates that police reduce crime. The implication of this research for investment in a particular form of extra police services, those provided by private institutions, has not been rigorously examined. We capitalize on the discontinuity in police force size at the geographic boundary of a private university police department to estimate the effect of the extra police services on crime. Extra police provided by the university generate approximately 45-60 percent fewer crimes in the surrounding neighborhood. These effects appear to be similar to other estimates in the literature.
Incompetent Plea Bargaining And Extrajudicial Reforms, Stephanos Bibas
Incompetent Plea Bargaining And Extrajudicial Reforms, Stephanos Bibas
All Faculty Scholarship
Last year, in Lafler v. Cooper and Missouri v. Frye, a five-to-four majority of the Supreme Court held that incompetent lawyering that causes a defendant to reject a plea offer can constitute deficient performance, and the resulting loss of a favorable plea bargain can constitute cognizable prejudice, under the Sixth Amendment. This commentary, published as part of the Harvard Law Review’s Supreme Court issue, analyzes both decisions. The majority and dissenting opinions almost talked past each other, reaching starkly different conclusions because they started from opposing premises: contemporary and pragmatic versus historical and formalist. Belatedly, the Court noticed …
2012 Maine Juvenile Justice Data Book, Becky Noréus, George Shaler Mph, Desiree Girard Mppm
2012 Maine Juvenile Justice Data Book, Becky Noréus, George Shaler Mph, Desiree Girard Mppm
Justice Policy
The 2012 Maine Juvenile Justice Data Book presents a portrait of youth involvement with the Maine juvenile justice system. The data book consists of five sections, (1) Maine Youth Population Trends, (2) Maine Juvenile Justice System Trends, (3) Maine County Trends, (4) Maine Disproportionate Minority Contact (DMC) Trends, and (5) Youth Recidivism Outcomes in Maine.
While Maine’s youth arrest rates are consistently among the lowest in the country, the state faces challenges in ensuring that limited resources are targeted most efficiently and effectively for programs and services aimed at rehabilitating youth who encounter the juvenile justice system. The analyses presented …
Tinkering Around The Edges: The Supreme Court's Death Penalty Jurisprudence, John Bessler
Tinkering Around The Edges: The Supreme Court's Death Penalty Jurisprudence, John Bessler
All Faculty Scholarship
This Essay examines America's death penalty forty years after Furman and provides a critique of the Supreme Court's existing Eighth Amendment case law. Part I briefly summarizes how the Court, to date, has approached death sentences, while Part II highlights the incongruous manner in which the Cruel and Unusual Punishments Clause has been read. For instance, Justice Antonin Scalia-one of the Court's most vocal proponents of "originalism" conceded that corporal punishments such as handbranding and public flogging are no longer constitutionally permissible; yet, he (and the Court itself) continues to allow death sentences to be imposed. The American Bar Association …
Drug Sentencing Policy Discourse Of Fortaleza, Nick Sundback
Drug Sentencing Policy Discourse Of Fortaleza, Nick Sundback
Independent Study Project (ISP) Collection
Drug sentencing is a pressing issue in Brazil. With the context of high and increasing rates of crime and drug use, overcrowded prisons, and high rates of recidivism both in terms of prison and drug addiction, attitudes of individuals towards drug sentencing policy are worthy of observation and examination.
The objective of this monograph is to examine discourse by informants, five individuals who interact with sections of society most affected by drug sentencing, namely drug users. This monograph will consider pluralistic observations on, and evaluations of, drug sentencing practices, implementation of drug sentencing, an overview of the broader debate over …
Subverting Symbolism: The Matthew Shepard And James Byrd, Jr. Hate Crimes Prevention Act And Cooperative Federalism, Kami Chavis Simmons
Subverting Symbolism: The Matthew Shepard And James Byrd, Jr. Hate Crimes Prevention Act And Cooperative Federalism, Kami Chavis Simmons
Faculty Publications
Hate crimes continue to persist in the United States and undermine the traditions and values to which the country aspires. Until recently, however, the stringent jurisdictional limitations of existing federal legislation made it difficult for the federal government to prosecute these crimes. In October 2009, President Obama signed into law the Matthew Shepard James Byrd Jr., Hate Crimes Prevention Act (the "HCPA"). The HCPA significantly expands the federal government's authority to prosecute defendants accused of hate crimes because it dispenses with a previous jurisdictional requirement that made it difficult to prosecute many such crimes. The HCPA also represents an expansion …
Juvenile Delinquency: An Investigation Of Risk Factors And Solutions., Lauren Cardoso
Juvenile Delinquency: An Investigation Of Risk Factors And Solutions., Lauren Cardoso
Pell Scholars and Senior Theses
This article proposes that educational and community based programs can help juveniles stay away from crime and prevent recidivism. A presentation of federal and state statistics, along with an analysis of the risk factors for delinquency, will be provided in order to illustrate the important areas that should be addressed in successful programs. Testimonies, including personal interviews with those who have experience working at the RI Training School, DCYF, Boys' Town, Child and Family Services will be shared as evidence of the research found. Finally, recommendations based on the findings will be proposed.
Prea 101 For Adult Prisons, Brenda V. Smith
One Nation Under Surveillance: A New Social Contract To Defend Freedom Without Sacrificing Liberty, Eugene K. B. Tan
One Nation Under Surveillance: A New Social Contract To Defend Freedom Without Sacrificing Liberty, Eugene K. B. Tan
Research Collection Yong Pung How School Of Law
One Nation Under Surveillance: A New Social Contract to Defend Freedom Without Sacrificing Liberty, by Simon Chesterman, is reviewed. ISBN 9780199580378
Revisiting "Special Needs" Theory Via Airport Searches, Alexander A. Reinert
Revisiting "Special Needs" Theory Via Airport Searches, Alexander A. Reinert
Articles
Controversy has raged since the Transportation Security Administration (TSA) introduced Advanced Imaging Technology, capable of producing detailed images of travelers' bodies, and "enhanced" pat frisks as part of everyday airport travel. In the face of challenges in the courts and in public discourse, the TSA has justified the heightened security measures as a necessary means to prevent terrorist attacks. The purpose of this Essay is to situate the Fourth Amendment implications of the new regime within a broader historical context. Most germane, after the Federal Aviation Administration (FAA) introduced sweeping new screening of air travelers in the 1960s and 1970s …
Prea 101 For Juvenile Justice Agencies, Brenda V. Smith
Prea 101 For Juvenile Justice Agencies, Brenda V. Smith
Presentations
No abstract provided.
Prea 101 For Community Corrections Agencies, Brenda V. Smith
Prea 101 For Community Corrections Agencies, Brenda V. Smith
Presentations
No abstract provided.
Recidivism Rates Of Committed Youth, 2006 - 2009, Becky Noreus, Robyn Dumont
Recidivism Rates Of Committed Youth, 2006 - 2009, Becky Noreus, Robyn Dumont
Justice Policy
The Maine Department of Corrections (MDOC) Division of Juvenile Services (DJS) collaborates with the Muskie School of Public Service in a state‐university partnership to analyze juvenile recidivism rates. DJS measures juvenile justice outcomes to guide policy and program development geared toward recidivism reduction. Reduction of youth recidivism in Maine increases public safety.
This report uses multiple recidivism measures: re‐arrest, re‐adjudication/conviction, and recommitment. To be consistent with other reports, most analysis focuses on re‐adjudication/conviction.
This report measures DJS impact on youth who have been committed to a MDOC facility by examining rates of recidivism.
A Failing Correctional System: State Prison Overcrowding In The United States, Susan M. Campers
A Failing Correctional System: State Prison Overcrowding In The United States, Susan M. Campers
Pell Scholars and Senior Theses
State prison overcrowding has grown into a detrimental problem within our American penal system, such that after decades of being ignored by politicians, media outlets, and the lower court system, it has resulted in an ineffective and overcrowded correctional system that craves reformation.
Perceived Job Readiness Among The Previously Incarcerated, Amy Audet
Perceived Job Readiness Among The Previously Incarcerated, Amy Audet
Honors Projects
This study aims to determine the primary factor in employment readiness for previously incarcerated individuals. Ex offenders were were surveyed for job readiness using a scale developed in the studies' literature review. This scale emcompasses factors such as skills, knowledge, confidence and goals. Surveys were also done according to age, age of first incarceration, incarceration history and job training history. Because this population is marginalized, this study may bring new awareness about the effects of employer discrimination and the need for future programs to increase job readiness among the previously incarcerated individuals.
The American Historical Review (April 2012) (Reviewing David Garland, Peculiar Institution: America’S Death Penalty In An Age Of Abolition, John Bessler
All Faculty Scholarship
No abstract provided.
Madness Alone Punishes The Madman: The Search For Moral Dignity In The Court's Competency Doctrine As Applied In Capital Cases, J. Amy Dillard
Madness Alone Punishes The Madman: The Search For Moral Dignity In The Court's Competency Doctrine As Applied In Capital Cases, J. Amy Dillard
All Faculty Scholarship
The purposes of the competency doctrine are to guarantee reliability in criminal prosecutions, to ensure that only those defendants who can appreciate punishment are subject to it, and to maintain moral dignity, both actual and apparent, in criminal proceedings. No matter his crime, the “madman” should not be forced to stand trial. Historically, courts viewed questions of competency as a binary choice, finding the defendant either competent or incompetent to stand trial. However, in Edwards v. Indiana, the Supreme Court conceded that it views competency on a spectrum and offered a new category of competency — borderline-competent. The Court held …
Best Outcomes For Indian Children, Loa L. Porter, Patina Park Zink, Angela R. Gebhardt, Mark Ells, Michelle Graef
Best Outcomes For Indian Children, Loa L. Porter, Patina Park Zink, Angela R. Gebhardt, Mark Ells, Michelle Graef
Center on Children, Families, and the Law: Faculty Publications
The Wisconsin Department of Children and Families and the Midwest Child Welfare Implementation Center are collaborating with Wisconsin's tribes and county child welfare agencies to improve outcomes for Indian children by systemically implementing the Wisconsin Indian Child Welfare Act (WICWA).This groundbreaking coUaboration wiU increase practitioners' understanding ofthe requirements of WICWA and the need for those requirements, enhance communication and coordination between all stakeholders responsible for the welfare of Indian children in Wisconsin; it is designed to effect the systemic integration of the philosophical underpinnings of WICWA.
In December 2009, Governor James Doyle signed the Wisconsin Indian Child Welfare Act, signaling …
American Indian Women And Sexual Assault: Challenges And New Opportunities, Angela R. Gebhardt, Jane D. Woody
American Indian Women And Sexual Assault: Challenges And New Opportunities, Angela R. Gebhardt, Jane D. Woody
Center on Children, Families, and the Law: Faculty Publications
This article informs social workers about sexual violence against American Indian and Alaskan Native (AI/AN) women and the policy reforms in the 2010 Tribal Law and Order Act (TLOA). It describes the unmet needs of AI/AN survivors, reviews the TLOA reforms on sexual assault in relation to social work and public health principles, discusses the complementary roles for social workers and public health practitioners in reform efforts, and offers guidance for professional participation that emphasizes tribal sovereignty, indigenous capacity, and cultural competence.
Stakeholder Participation In The Selection And Recruitment Of Police: Democracy In Action, Kami Chavis Simmons
Stakeholder Participation In The Selection And Recruitment Of Police: Democracy In Action, Kami Chavis Simmons
Faculty Publications
Modem police culture tolerates or cultivates police misconduct and corruption in many ways. Failures to identify, monitor, and discipline "problem" officers; a belief that violence is a necessary part of law enforcement; and the code of silence; are organizational characteristics that need to be addressed in order to remedy organizational failures to hold law enforcement officers accountable. In order to address these cultural characteristics, police departments should carefully select police officers less likely to engage in these behaviors and adhere to these beliefs. Viewed through the lens of stakeholder participation, however, a fundamental shift should occur regarding how these new …
Uncomfortable Places, Close Spaces: Theorizing Female Correctional Officers’ Sexual Interactions With Men And Boys In Custody, Brenda V. Smith
Uncomfortable Places, Close Spaces: Theorizing Female Correctional Officers’ Sexual Interactions With Men And Boys In Custody, Brenda V. Smith
Project on Addressing Prison Rape - Articles
This Article examines female-perpetrated sexual abuse in custodial settings and its place at the intersection of race, class, and gender in order to disentangle complex and overlapping narratives of abuse, sex, desire, and transgression. Ultimately, this Article confronts our discomfort with and reluctance to acknowledge the fact that women sexually abuse men and boys in custody, and it offers possible explanations for these behaviors.
A Quick Guide For Lgbti Policy Development For Youth Confinement Facilities, Brenda V. Smith
A Quick Guide For Lgbti Policy Development For Youth Confinement Facilities, Brenda V. Smith
Reports
This Quick Guide will help agencies and facilities develop a comprehensive response to working with lesbian, gay, bisexual, transgender and intersex (LGBTI) youth. It is not meant to provide an answer to every question or an in-depth discussion of all issues that agencies face or that the LGBTI population faces while in custody. It provides an overview of the important issues that agencies should consider when working to house and treat LGBTI youth in a way that is safe and consistent with an agency’s mission, values, and security guidelines … This Quick Guide is organized chronologically according to the decisions …
A Quick Guide For Lgbti Policy Development For Adult Prisons And Jails, Brenda V. Smith
A Quick Guide For Lgbti Policy Development For Adult Prisons And Jails, Brenda V. Smith
Reports
This Quick Guide will help agencies and facilities develop a comprehensive response to working with lesbian, gay, bisexual, transgender and intersex (LGBTI) inmates. It is not meant to provide an answer to every question or an in-depth discussion of all issues that agencies face or that the LGBTI population faces while in custody. It provides an overview of the important issues that agencies should consider when working to house and treat LGBTI inmates in a way that is safe and consistent with an agency’s mission, values, and security guidelines … This Quick Guide is organized chronologically according to the decisions …
Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Carol’S Question, Brenda V. Smith, Stephanie A. Kinard, Jaime M. Yarussi, Michael J. Auger
Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Carol’S Question, Brenda V. Smith, Stephanie A. Kinard, Jaime M. Yarussi, Michael J. Auger
Reports
focusing on sexual minority youth
Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Sheila’S Dilemma, Brenda V. Smith, Stephanie A. Kinard, Jaime M. Yarussi, Michael J. Auger
Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Sheila’S Dilemma, Brenda V. Smith, Stephanie A. Kinard, Jaime M. Yarussi, Michael J. Auger
Reports
focusing on female youth age 14-18
Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Mary’S Friend, Brenda V. Smith, Stephanie A. Kinard, Jaime M. Yarussi, Michael J. Auger
Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Mary’S Friend, Brenda V. Smith, Stephanie A. Kinard, Jaime M. Yarussi, Michael J. Auger
Reports
focusing on female youth age 10-13
Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Charlie’S Report, Brenda V. Smith, Stephanie A. Kinard, Jaime M. Yarussi, Michael J. Auger
Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Charlie’S Report, Brenda V. Smith, Stephanie A. Kinard, Jaime M. Yarussi, Michael J. Auger
Reports
focusing on male youth age 10-13
Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Billy Speaks Out, Brenda V. Smith, Stephanie A. Kinard, Jaime M. Yarussi, Michael J. Auger
Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Billy Speaks Out, Brenda V. Smith, Stephanie A. Kinard, Jaime M. Yarussi, Michael J. Auger
Reports
focusing on male youth age 14-18
Recidivism Rates Of Youth Discharged From Supervision 2006 - 2009, Becky Noréus, Jillian Foley Mppm
Recidivism Rates Of Youth Discharged From Supervision 2006 - 2009, Becky Noréus, Jillian Foley Mppm
Justice Policy
The Maine Department of Corrections (MDOC) Division of Juvenile Services (DJS) collaborates with the Muskie School of Public Service in a state‐university partnership to analyze juvenile recidivism rates. DJS measures juvenile justice outcomes to guide policy and program development geared toward recidivism reduction. Reduction of youth recidivism in Maine increases public safety.
Recidivism in this report is defined as a re‐adjudication (juvenile system) or conviction (adult system) for a new offense committed by a youth in Maine within three years after release from DJS supervision. This report measures DJS impact on youth who have been released from DJS supervision by …
Juveniles Convicted As Adults: An Annotated Bibliography Of Current Research., Brenda V. Smith, Jaime Yarussi
Juveniles Convicted As Adults: An Annotated Bibliography Of Current Research., Brenda V. Smith, Jaime Yarussi
Project on Addressing Prison Rape - Articles
This publication compiles case law, new stories, reports and helpful sites on the issue of juveniles convicted as adults (as of 2012).