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Full-Text Articles in Law
Semmy Lasco Kavinga V The People Appeal No 51/2018 (21 August 2019), O'Brien Kaaba
Semmy Lasco Kavinga V The People Appeal No 51/2018 (21 August 2019), O'Brien Kaaba
SAIPAR Case Review
The law on sentencing in Zambia is to a great extent chaotic and in disarray. No clear standards are set by the superior courts to guide lower courts and litigants. Often the sentences are at variance with constitutional norms and there has been no sustained effort to align the law of sentencing with constitutional standards, save for a few cases concerning corporal punishment. Somehow, a judicial culture has evolved and continues to grow of sentencing people without regard for constitutional norms. Yet the constitution is the supreme law, the ultimate source of all law and ought to permeate all laws …
After The Crime: Rewarding Offenders’ Positive Post-Offense Conduct, Paul H. Robinson, Muhammad Sarahne
After The Crime: Rewarding Offenders’ Positive Post-Offense Conduct, Paul H. Robinson, Muhammad Sarahne
All Faculty Scholarship
While an offender’s conduct before and during the crime is the traditional focus of criminal law and sentencing rules, an examination of post-offense conduct can also be important in promoting criminal justice goals. After the crime, different offenders make different choices and have different experiences, and those differences can suggest appropriately different treatment by judges, correctional officials, probation and parole supervisors, and other decision-makers in the criminal justice system.
Positive post-offense conduct ought to be acknowledged and rewarded, not only to encourage it but also as a matter of fair and just treatment. This essay describes four kinds of positive …
Neither Seen Nor Heard: Surviving Children Of Domestic Homicide, Alexis Winfield
Neither Seen Nor Heard: Surviving Children Of Domestic Homicide, Alexis Winfield
Electronic Thesis and Dissertation Repository
Domestic homicide is a critical human rights issue that continues to impact women, children, and families in Canada. Between 2010-2018, 662 individuals died as a result of domestic homicide, many of whom were mothers who left surviving children behind. This study examined the experiences of surviving children prior to, during, and in the aftermath of domestic homicide through quantitative and qualitative court and media document analyses. It was found that 136 children in Ontario experienced domestic homicide between 2010-2017. Domestic homicide impacted surviving children in all domains of functioning and was often associated with long-term adverse outcomes. Court documents revealed …
The Influence Of Defendants' Nonverbal Behaviors On Juror Liking, Sympathy, And Sentencing, Joseph Thomas
The Influence Of Defendants' Nonverbal Behaviors On Juror Liking, Sympathy, And Sentencing, Joseph Thomas
Graduate Research Theses & Dissertations
Jurors are highly susceptible to influence, especially in the form of emotional manipulation. Totest this, the present study applies Burgoon’s (1993) expectancy violation theory to affective defendant behaviors (i.e., remorse, immediacy). In an attempt to manipulate the perceived rewardingness of the defendant, these behaviors are coupled with a description of either a major or minor crime. The results indicate that remorse behaviors evoke sympathy, thereby leading to a more lenient sentencing recommendation by mock jurors. Though the likeability of the defendant also impacted juror sentencing recommendations, immediacy behaviors failed to produce such an effect. Implications of these results are discussed.
Standing Between The Past And The Future, How Defense Attorneys Use Stigma Management Techniques In Presenting Their Closing Arguments In Capital Sentencing Procedures: A Content Analysis, Abdulrahmane Abdul-Aziz
Standing Between The Past And The Future, How Defense Attorneys Use Stigma Management Techniques In Presenting Their Closing Arguments In Capital Sentencing Procedures: A Content Analysis, Abdulrahmane Abdul-Aziz
All Graduate Theses, Dissertations, and Other Capstone Projects
In the penalty-phase of a capital case, defense attorneys face a difficult task in managing the identity of their now convicted client. They must present a coherent narrative that combats the prosecution’s case and engenders leniency from the jury. The closing argument given by the defense attorney(s) provides a unique opportunity to analyze and understand the general use of stigma management techniques and their applicability to capital cases. Using content analysis, 18 Transcripts from Texas capital cases from 2005 to 2015 were analyzed against the relevant techniques of neutralization (Sykes & Matza, 1957): appeal to a higher loyalty, appeal to …