Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 328

Full-Text Articles in Law

Criminal Liability For Engineers Under Kentucky's Surface Mining Laws, Marco M. Rajkovich Mar 2021

Criminal Liability For Engineers Under Kentucky's Surface Mining Laws, Marco M. Rajkovich

Journal of Natural Resources & Environmental Law

No abstract provided.


Judicial Elections, Public Opinion, And Their Impact On State Criminal Justice Policy, Travis N. Taylor Jan 2020

Judicial Elections, Public Opinion, And Their Impact On State Criminal Justice Policy, Travis N. Taylor

Theses and Dissertations--Political Science

This dissertation explores whether and how the re-election prospects faced by trial court judges in many American states influence criminal justice policy, specifically, state levels of incarceration, as well as the disparity in rates of incarceration for Whites and Blacks. Do states where trial court judges must worry about facing reelection tend to encourage judicial behavior that results in higher incarceration rates? And are levels of incarceration and racial disparities in the states influenced by the proportion of the state publics who want more punitive policies? These are clearly important questions because they speak directly to several normative and empirical ...


A Model For Rigorously Applying The Exploration, Preparation, Implementation, Sustainment (Epis) Framework In The Design And Measurement Of A Large Scale Collaborative Multi-Site Study, Jennifer E. Becan, John P. Bartkowski, Danica K. Knight, Tisha R. A. Wiley, Ralph Diclemente, Lori Ducharme, Wayne N. Welsh, Diana Bowser, Kathryn Mccollister, Matthew Hiller, Anne C. Spaulding, Patrick M. Flynn, Andrea Swartzendruber, Megan F. Dickson, Jacqueline Horan Fisher, Gregory A. Aarons Apr 2018

A Model For Rigorously Applying The Exploration, Preparation, Implementation, Sustainment (Epis) Framework In The Design And Measurement Of A Large Scale Collaborative Multi-Site Study, Jennifer E. Becan, John P. Bartkowski, Danica K. Knight, Tisha R. A. Wiley, Ralph Diclemente, Lori Ducharme, Wayne N. Welsh, Diana Bowser, Kathryn Mccollister, Matthew Hiller, Anne C. Spaulding, Patrick M. Flynn, Andrea Swartzendruber, Megan F. Dickson, Jacqueline Horan Fisher, Gregory A. Aarons

Center on Drug and Alcohol Research Faculty Publications

Background

This paper describes the means by which a United States National Institute on Drug Abuse (NIDA)-funded cooperative, Juvenile Justice-Translational Research on Interventions for Adolescents in the Legal System (JJ-TRIALS), utilized an established implementation science framework in conducting a multi-site, multi-research center implementation intervention initiative. The initiative aimed to bolster the ability of juvenile justice agencies to address unmet client needs related to substance use while enhancing inter-organizational relationships between juvenile justice and local behavioral health partners.

Methods

The EPIS (Exploration, Preparation, Implementation, Sustainment) framework was selected and utilized as the guiding model from inception through project completion; including ...


Criminalizing (Poor) Fatherhood, Cortney E. Lollar Jan 2018

Criminalizing (Poor) Fatherhood, Cortney E. Lollar

Law Faculty Scholarly Articles

States prosecute and incarcerate thousands of fathers every year for failing to pay their child support obligations. Ostensibly, these prosecutions aim to foster the health and well-being of children without requiring the child’s mother to bear the costs of raising the child alone. What may appear on the surface to be a system that balances out inequities is actually a deeply flawed government program—one that promotes criminal recidivism and reinforces the poverty of indigent fathers. Contrary to the common image of a “deadbeat dad” raking in money and staying on the lam to avoid helping a mother raise ...


Criminalizing Pregnancy, Cortney E. Lollar Jul 2017

Criminalizing Pregnancy, Cortney E. Lollar

Law Faculty Scholarly Articles

The state of Tennessee arrested a woman two days after she gave birth and charged her with assault of her newborn child based on her use of narcotics during her pregnancy. Tennessee's 2014 assault statute was the first to explicitly criminalize the use of drugs by a pregnant woman. But this law, along with others like it being considered by legislatures across the country, is only the most recent manifestation of a long history of using criminal law to punish poor mothers and mothers of color for their behavior while pregnant. The purported motivation for such laws is the ...


Book Review | Crimesong, Robert G. Lawson Jan 2017

Book Review | Crimesong, Robert G. Lawson

Law Faculty Popular Media

No abstract provided.


Actus Reus, Mens Rea, And Brain Science: What Do Volition And Intent Really Mean?, Erica Beecher-Monas, Edgar Garcia-Rill Jan 2017

Actus Reus, Mens Rea, And Brain Science: What Do Volition And Intent Really Mean?, Erica Beecher-Monas, Edgar Garcia-Rill

Kentucky Law Journal

The foundational elements of criminal law, actus reus and mens rea, are vague, imprecise, and indeterminate categories that are based on outdated notions about human behavior. These confused categories affect not only what legally constitutes choice, volition, and intent, but also the defendant's ability to present evidence (since the categories define the evidence that will be admissible), and ultimately, criminal liability. In this Article we explain how neuroscience allows us to reconsider these legal concepts and conceive a more informed view of human behavior (and therefore criminal liabilty). The Article explains how distortions in brain function affect the way ...


Rubbing The Rabbit's Foot: Gallows Superstitions And Public Healthcare In England During The Eighteenth And Nineteenth Centuries, Roberta M. Harding Jul 2016

Rubbing The Rabbit's Foot: Gallows Superstitions And Public Healthcare In England During The Eighteenth And Nineteenth Centuries, Roberta M. Harding

Law Faculty Scholarly Articles

Superstitions possess an ancient pedigree. With the passage of time thematic superstitions developed; for example, some solely addressed the public’s health care needs. In fact, as far back as the fifth century many English subjects believed magical spells and jewels had curative properties. Law was another context that generated a body of superstitions. Capital punishment was one area that generated many superstitions. In fact, so many that a specific category was established: gallows superstitions. With hanging as the primary method of execution in England for centuries, this group of superstitions became a relatively large one. By merging the health ...


Reeling In The Redneck Yacht Club: A Recommendation For Bui Legislation And Enforcement Practices In Kentucky, Ross Bundschuh Jan 2016

Reeling In The Redneck Yacht Club: A Recommendation For Bui Legislation And Enforcement Practices In Kentucky, Ross Bundschuh

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Decisions To Prosecute Battered Women's Homicide Cases: An Exploratory Study, Sarah N. Welling, Diane Follingstad, M. Jill Rogers, Frances Jillian Priesmeyer Oct 2015

Decisions To Prosecute Battered Women's Homicide Cases: An Exploratory Study, Sarah N. Welling, Diane Follingstad, M. Jill Rogers, Frances Jillian Priesmeyer

Law Faculty Scholarly Articles

Discretionary decisions to prosecute cases in which a battered woman kills her partner were investigated using several research strategies and targeting a range of case elements. Law students presented with case elements reported they would consider legal elements over nonlegal (or ‘supplemental’) elements when making a decision to prosecute. In contrast, law students assessed through an open-ended format as to important case factors for deciding to prosecute spontaneously generated high proportions of supplemental case elements compared with legal factors. Vignette comparisons of 42 case elements on participants’ likelihood to prosecute identified salient factors including legal and supplemental variables. Themes from ...


Punitive Compensation, Cortney E. Lollar Jul 2015

Punitive Compensation, Cortney E. Lollar

Law Faculty Scholarly Articles

Criminal restitution is a core component of punishment. In its current form, this remedy rarely serves restitution's traditional aim of disgorging a defendant's ill-gotten gains. Instead, courts use this monetary award not only to compensate crime victims for intangible losses, but also to punish the defendant for the moral blameworthiness of her criminal action. Because the remedy does not fit into the definition of what most consider "restitution," this Article advocates for the adoption of a new, additional designation for this prototypically punitive remedy: punitive compensation. Unlike with restitution, courts measure punitive compensation by a victim's losses ...


Crime And Punishment, A Global Concern: Who Does It Best And Does Isolation Really Work?, Melanie Reid Jan 2015

Crime And Punishment, A Global Concern: Who Does It Best And Does Isolation Really Work?, Melanie Reid

Kentucky Law Journal

No abstract provided.


The Depth Of Endurance: A Critical Look At Prolonged Solitary Confinement In Light Of The Constitution And A Call To Reform, Shannon H. Church Jan 2015

The Depth Of Endurance: A Critical Look At Prolonged Solitary Confinement In Light Of The Constitution And A Call To Reform, Shannon H. Church

Kentucky Law Journal

No abstract provided.


Should Paris Hilton Receive A Lighter Prison Sentence Because She's Rich? An Experimental Study, Josef Montag, Tomáš Sobek Jan 2015

Should Paris Hilton Receive A Lighter Prison Sentence Because She's Rich? An Experimental Study, Josef Montag, Tomáš Sobek

Kentucky Law Journal

The "equal punishment for the same crime" principle is generally agreed upon--yet its implementation differs radically depending on whether the punishment is measured purely in nominal terms or whether the subjective perspective of the punishee is accounted for. This is simply because different people may experience the same punishment with differing intensity.

Legal scholars have recently proposed that improvements in scientific knowledge and advancements in technologies (such as Functional magnetic resonance imaging), which allow us to measure subjective perceptions and feelings, need to be and should be incorporated in our penal systems. This would facilitate calibrating the punishment not only ...


What Is Criminal Restitution?, Cortney E. Lollar Nov 2014

What Is Criminal Restitution?, Cortney E. Lollar

Law Faculty Scholarly Articles

A new form of restitution has become a core aspect of criminal punishment. Courts now order defendants to compensate victims for an increasingly broad category of losses, including emotional and psychological losses and losses for which the defendant was not found guilty. Criminal restitution therefore moves far beyond its traditional purpose of disgorging a defendant's ill-gotten gains. Instead, restitution has become a mechanism of imposing additional punishment. Courts, however, have failed to recognize the punitive nature of restitution and thus enter restitution orders without regard to the constitutional protections that normally attach to criminal proceedings. This Article deploys a ...


Cultivating Justice For Survivors Of Sexual Assault In America's Agricultural Industry, Laken Gilbert Jan 2014

Cultivating Justice For Survivors Of Sexual Assault In America's Agricultural Industry, Laken Gilbert

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Pretrial Detention In Kentucky: An Analysis Of The Impact Of House Bill 463 During The First Two Years Of Its Implementation, Robert Veldman Jan 2014

Pretrial Detention In Kentucky: An Analysis Of The Impact Of House Bill 463 During The First Two Years Of Its Implementation, Robert Veldman

Kentucky Law Journal

No abstract provided.


Expanding The Scope Of Who May Petition For Domestic Violence Protective Orders In Kentucky, Sarah Lawson Jan 2014

Expanding The Scope Of Who May Petition For Domestic Violence Protective Orders In Kentucky, Sarah Lawson

Kentucky Law Journal

No abstract provided.


Promising Protection: 911 Call Records As Foundation For Family Violence Intervention, Linda L. Bryant, James G. Dwyer Jan 2014

Promising Protection: 911 Call Records As Foundation For Family Violence Intervention, Linda L. Bryant, James G. Dwyer

Kentucky Law Journal

No abstract provided.


Text Me: A Text-Based Interpretation Of 28 U.S.C. § 2255(E), Jennifer L. Case Jan 2014

Text Me: A Text-Based Interpretation Of 28 U.S.C. § 2255(E), Jennifer L. Case

Kentucky Law Journal

No abstract provided.


Kentucky Criminal Law Experts Call For Reform, Cortney E. Lollar Jan 2014

Kentucky Criminal Law Experts Call For Reform, Cortney E. Lollar

Law Faculty Popular Media

In this article for Bench & Bar Magazine (the Kentucky Bar Association's magazine), Professor Cortney Lollar discusses the Second Annual Forum on Criminal Law in the Commonwealth of Kentucky.


Life And Death In Kentucky: Past, Present, And Future, Roberta M. Harding Jan 2014

Life And Death In Kentucky: Past, Present, And Future, Roberta M. Harding

Law Faculty Scholarly Articles

This article provides a historical survey of capital punishment in the Commonwealth of Kentucky, paying particular attention to gender and race. The author concludes that given the lack of recent executions that it is perhaps time to make legislative changes to the Commonwealth’s death penalty practice.


Getting Jurors To Awesome, Cortney E. Lollar Jan 2014

Getting Jurors To Awesome, Cortney E. Lollar

Law Faculty Scholarly Articles

A 2011 American Bar Association report on the death penalty in Kentucky revealed that a shocking two-thirds of the 78 people sentenced to death in Kentucky since reinstatement of the death penalty in 1976 have had their sentences overturned on appeal. Kentucky’s reversal rate is more than twice the national average, with a 31% reversal rate in capital cases and almost four times the 17% national reversal rate in all other case types. With a sentence as irreversible as death, troubling does not begin to describe the depth of concern many experience when viewing such a startling statistic.

A ...


Child Pornography And The Restitution Revolution, Cortney E. Lollar Apr 2013

Child Pornography And The Restitution Revolution, Cortney E. Lollar

Law Faculty Scholarly Articles

Victims of child pornography are now successfully seeking restitution from defendants convicted of watching and trading their images. Restitution in child pornography cases, however, represents a dramatic departure from traditional concepts of restitution. This Article offers the first critique of this restitution revolution. Traditional restitution is grounded in notions of unjust enrichment and seeks to restore the economic status quo between parties by requiring disgorgement of ill-gotten gains. The restitution being ordered in increasing numbers of child pornography cases does not serve this purpose. Instead, child pornography victims are receiving restitution simply for having their images viewed. This royalty-type approach ...


The Future Of The Death Penalty In Kentucky And America, Stephen B. Bright Jan 2013

The Future Of The Death Penalty In Kentucky And America, Stephen B. Bright

Kentucky Law Journal

No abstract provided.


Toward A Common Law Of Plea Bargaining, Wesley Macneil Oliver Jan 2013

Toward A Common Law Of Plea Bargaining, Wesley Macneil Oliver

Kentucky Law Journal

No abstract provided.


Let's Horse Around: How Utilizing Equine And Horsemanship Activities Furthers The Goals Of The Juvenile Detention Alternatives Initiative, Yvette Delaguardia Jan 2013

Let's Horse Around: How Utilizing Equine And Horsemanship Activities Furthers The Goals Of The Juvenile Detention Alternatives Initiative, Yvette Delaguardia

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Transforming Domestic Violence Representation, Jane K. Stoever Jan 2013

Transforming Domestic Violence Representation, Jane K. Stoever

Kentucky Law Journal

The dominant theories used in the law to explain domestic violence, namely, the Power and Control Wheel and the Cycle of Violence, provide only limited insight into intimate partner abuse. Both theories focus exclusively on the abusive partner' wrongful actions, consistent with recent decades' concentration on criminalization, but fail to educate about the survivor's needs and efforts to end violence. The Stages of Change Model, conversely, reveals that domestic abuse survivors seek an end to relationship violence through a five-stage cyclical sequence and identifies the survivor's needs and actions at each stage. This critical information should inform the ...


White Collar Overcriminalization: Deterrence, Plea Bargaining, And The Loss Of Innocence, Lucian E. Dervan Jan 2013

White Collar Overcriminalization: Deterrence, Plea Bargaining, And The Loss Of Innocence, Lucian E. Dervan

Kentucky Law Journal

No abstract provided.


The Enemy Within: Sexual Assault And Rape In The Us Armed Forces, Dahlia D'Arge Jan 2013

The Enemy Within: Sexual Assault And Rape In The Us Armed Forces, Dahlia D'Arge

Lewis Honors College Capstone Collection

This paper follows my personal journey in learning about this problem, its legal repercussions for individual soldiers, its history within the United States, the actions which are being taken to remedy it, and its cost to the US military as a whole. By taking a more personal approach and by using my personal experience as an intern as a US Army Judge Advocate Corps office, this paper intends to educate the wider college populace about this issue and its current handling by the US Army from the perspective of an insider.