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Criminal Law

Selected Works

2012

Articles 1 - 15 of 15

Full-Text Articles in Social and Behavioral Sciences

Altruism Trumping Privacy Hipaa, Privacy, Big Data Set Benefits, Douglas J. Henderson Oct 2012

Altruism Trumping Privacy Hipaa, Privacy, Big Data Set Benefits, Douglas J. Henderson

DOUGLAS J HENDERSON

The United States Government must administer a publicly held cloud networked Big Data Set of Private Health Information (PHI) in order to utilize Big Data Analytics and allow free data mining of such PHI so that the health care industry can operate most cost effectively while also meeting the health care needs of the aging United States populace with the highest quality of care.

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The People V. Orenthal James Simpson: Race And Trial Advocacy, Angela Davis Oct 2012

The People V. Orenthal James Simpson: Race And Trial Advocacy, Angela Davis

Angela J Davis

This chapter focuses on the trial story behind the high profile case of People v. Orenthal James Simpson. As the author points out, the Simpson case focused attention on some of the most important issues in the criminal justice system, including class and race disparities, DNA evidence, and police perjury. The author here focuses on the issue of race--its significance in the trial and how it affected the advocacy of the lawyers. She discusses the emotional conflicts over race within the defense and prosecution teams and compares and contrasts the approaches that each side ultimately decided to take. The author …

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Criminal Profiling In The Courtrooms: Behavioural Investigative Advice Or Bad Character Evidence?, Gareth Norris, Wayne Petherick Oct 2012

Criminal Profiling In The Courtrooms: Behavioural Investigative Advice Or Bad Character Evidence?, Gareth Norris, Wayne Petherick

Wayne Petherick

Criminal profiling has received considerable attention from media sources; sufficiently so to allow it to enter into public folklore as a viable investigative technique. It has also attracted considerable attention from the academic community in the form of journal articles and books, and from the professional community in the form of profiling organizations and the establishment of formal profiling units within police agencies. Despite what would appear to be almost universal acclaim, the practice has met with less favorable reviews by the legal communities whom it is also intended to serve. Notably, it has come under fire for its lack …

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Teaching Tips: Personal Criminal History Analysis Paper, Gordon Crews, Angela Crews Sep 2012

Teaching Tips: Personal Criminal History Analysis Paper, Gordon Crews, Angela Crews

Angela Crews

Students often have difficulty visualizing the practical application of criminological theory. The following activity assists instructors to develop students‘ abilities in evaluating behaviors and determining the theoretical perspectives that potentially could be used to explain those behaviors. It also is designed to assist students in comprehending how their own experiences impact their views on law-violating behavior and its etiology. This exercise facilitates students‘ awareness of how their beliefs about the causes of law-violating behavior inevitably impact their beliefs about potential solutions or responses to this type of behavior. Eventually, students unfailingly begin to realize the artificial dichotomy between us, as …

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Kicking To Death, Daniel H. Heinke Jun 2012

Kicking To Death, Daniel H. Heinke

Dr. Daniel H. Heinke

The Stockholm Criminology Symposium: Presentation on the medical, criminological, and legal aspects of assaults involving kicks against the head and Thorax.

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The Newest Jim Crow And The Incarceration Of Black Males, Edward Earl Bell May 2012

The Newest Jim Crow And The Incarceration Of Black Males, Edward Earl Bell

Dr. Edward E. Bell

Black males are in jail. Are "we" to blame? The New Jim Crow is alive.

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8. Child Witnesses And The Confrontation Clause., Thomas D. Lyon, Julia A. Dente Apr 2012

8. Child Witnesses And The Confrontation Clause., Thomas D. Lyon, Julia A. Dente

Thomas D. Lyon

After the Supreme Court’s ruling in Crawford v. Washington that a criminal defendant’s right to confront the witnesses against him is violated by the admission of testimonial hearsay that has not been cross-examined, lower courts have overturned convictions in which hearsay from children was admitted after child witnesses were either unwilling or unable to testify. A review of social scientific evidence regarding the dynamics of child sexual abuse suggests a means for facilitating the fair receipt of children’s evidence. Courts should hold that defendants have forfeited their confrontation rights if they exploited a child’s vulnerabilities such that they could reasonably …

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27. Does Valence Matter? Effects Of Negativity On Children's Early Understanding Of Truths And Lies., Lindsay Wandrey, Jodi A. Quas, Thomas D. Lyon Mar 2012

27. Does Valence Matter? Effects Of Negativity On Children's Early Understanding Of Truths And Lies., Lindsay Wandrey, Jodi A. Quas, Thomas D. Lyon

Thomas D. Lyon

Early deceptive behavior often involves acts of wrongdoings on the part of children. As a result, it has often been assumed, although not tested directly, that children are better at identifying lies about wrongdoing than lies about other activities. We tested this assumption in two studies. In Study 1, 67 3- to 5-year-olds viewed vignettes in which a character truthfully or falsely claimed to have committed a good or bad act. Children were biased to label claims that the character had committed a good act as the truth and claims that the character had committed a bad act as lies. …

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11. Twenty-Five Years Of Interviewing Research And Practice: Dolls, Diagrams, And The Dynamics Of Abuse Disclosure., Thomas D. Lyon Feb 2012

11. Twenty-Five Years Of Interviewing Research And Practice: Dolls, Diagrams, And The Dynamics Of Abuse Disclosure., Thomas D. Lyon

Thomas D. Lyon

A great deal of research in the past 25 years has contributed to our understanding of how best to interview children about suspected maltreatment. The disastrous failures of the highly publicized daycare abuse cases led to a flood of research, initially emphasizing the failures of conventional approaches, and more recently highlighting the potential for eliciting complete and accurate reports.  If a child has disclosed abuse, and is willing to disclose again, we know what to do. Research supports the use of interview instructions, narrative practice rapport building, and the use of open ended questions to elicit and to elaborate on …

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Befriar Leken Från Ansvar? Om Bdsm, Samtycke Och Social Adekvans, Linnéa Wegerstad Dec 2011

Befriar Leken Från Ansvar? Om Bdsm, Samtycke Och Social Adekvans, Linnéa Wegerstad

Linnéa Wegerstad

Våren 2012 arrangerade Juridisk Publikation i Lund en paneldebatt på temat ”BDSM och samtycke” som jag fick förmånen att moderera. Debatten utgick från det så kallade Malmöfallet som rör åtal för misshandel i samband med BDSM-utövning. Denna artikel tar avstamp i den fråga som fick avsluta debatten, nämligen om detta uppmärksammade fall har diskuterats klart. Min ståndpunkt är att genom fallet väcktes flera principiellt viktiga frågor som bör dryftas vidare. Dessa spörsmål, som rör hur sexuella praktiker som kan utgöra straffrättsligt relevant våld hanteras i straffrätten, vill jag synliggöra genom den här artikeln. Inledningsvis ges en redogörelse för samtyckes ansvarsbefriande …

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Book Review: The New Jim Crow: Mass Incarceration In The Age Of Colorblindness, Nick J. Sciullo Dec 2011

Book Review: The New Jim Crow: Mass Incarceration In The Age Of Colorblindness, Nick J. Sciullo

Nick J. Sciullo

Many in the legal academy have heard of Michelle Alexander’s new book, The New Jim Crow: Mass Incarceration in an Age of Colorblindness. It has been making waves. One need only attend any number of legal conferences in the past year or so, or read through the footnotes in recent law review articles. Furthermore, this book has been reviewed in journals from a number of academic fields, suggesting Alexander has provided a text with profound insights across the university and public spheres. While I will briefly talk about the book as a book, I will spend the majority of this …

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The Rise Of Planning In Industrial America, 1865-1914 Dec 2011

The Rise Of Planning In Industrial America, 1865-1914

Richard Adelstein

How American firms grew very large after the Civil War, and how Americans responded to them.

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The Many Languages Of Cctv, David J. Brooks Dr., Jeff Corkill Dec 2011

The Many Languages Of Cctv, David J. Brooks Dr., Jeff Corkill

David J Brooks Dr.

Closed circuit television (CCTV) has become a common form of technology, infused within many parts of our life, such as public, private, social and work environments. Whether CCTV is used in the media in a voyeuristic mode for the production of Big Brother, in public transport to reduce assaults or in a public street surveillance system to improve safety, the technology is in essence the same. Over the last 20 years, there has been much discussion on CCTV effectiveness. This discussion, in particular from the UK, has been significant in its scope.

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26. “How Did You Feel?”: Increasing Child Sexual Abuse Witnesses’ Production Of Evaluative Information., Thomas D. Lyon, Nicholas Scurich, Karen Choi, Sally Handmaker, Rebecca Blank Dec 2011

26. “How Did You Feel?”: Increasing Child Sexual Abuse Witnesses’ Production Of Evaluative Information., Thomas D. Lyon, Nicholas Scurich, Karen Choi, Sally Handmaker, Rebecca Blank

Thomas D. Lyon

In child sexual abuse cases, the victim’s testimony is essential, because the victim and the perpetrator tend to be the only eyewitnesses to the crime. A potentially important component of an abuse report is the child’s subjective reactions to the abuse. Attorneys may ask suggestive questions or avoid questioning children about their reactions, assuming that children, given their immaturity and reluctance, are incapable of articulation. We hypothesized that How questions referencing reactions to abuse (e.g., “howdid you feel”) would increase the productivity of children’s descriptions of abuse reactions. Two studiescompared the extent to which children provided evaluative content, defined as …

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The Antiterrorism And Effective Death Penalty Act Of 1996 – An Illustration Of John Kingdon’S “Three Streams” Theory Of How Public Policy Is Changed, Paul J. Larkin Jr. Dec 2011

The Antiterrorism And Effective Death Penalty Act Of 1996 – An Illustration Of John Kingdon’S “Three Streams” Theory Of How Public Policy Is Changed, Paul J. Larkin Jr.

Paul J Larkin Jr.

The Antiterrorism and Effective Death Penalty Act of 1996 serves as a recent illustration of John Kingdon’s “Three Streams” Theory explaining how public policy is made and changed.

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