Legal Studies Commons^™

No African-American Lawyers Allowed: The Inefficient Racism Of The Aba's Accreditation Of Law Schools, George B. Shepherd

Journal of Legal Education

No abstract provided.

Killing For The State: The Darkest Side Of American Nursing, Dave Holmes, Cary H. Federman

Department of Justice Studies Faculty Scholarship and Creative Works

The aim of this article is to bring to the attention of the international nursing community the discrepancy between a pervasive ‘caring’ nursing discourse and the most unethical nursing practice in the United States. In this article, we present a duality: the conflict in American prisons between nursing ethics and the killing machinery. The US penal system is a setting in which trained healthcare personnel practices the extermination of life. We look upon the sanitization of death work as an application of healthcare professionals’ skills and knowledge and their appropriation by the state to serve its ends. A review of …

Who Makes The Call On Capital Punishment? How Ring V. Arizona Clarifies The Apprendi Rule And The Implications On Capital Sentencing , Sim?N Cantarero

Brigham Young University Journal of Public Law

No abstract provided.

Weapons Of Mass Victimization, Radioactive Waste Shipments, And Environmental Laws, James D. Ballard, Kristine Mullendore

Peer Reviewed Publications

Transnational and domestic terrorists may employ unconventional weapons of mass destruction and/or mass contamination in their future operations against governments. These asymmetrical tactics may include nuclear, chemical, and biological weapons designed to produce panic and disruption in daily life. This article addresses several of the myriad legal and practical issues relative to potential radiological weapons. Several suggestions as to local-level policy are offered and discussed. Among these suggestions are the need for local law enforcement and policy decision makers to formally recognize the potential use of radiological weapons of mass contamination and the need to develop both protection strategies for …

Master Of Science Criminal Justice Institute, Nova Southeastern University

College of Arts, Humanities, and Social Sciences Course Catalogs

No abstract provided.

The Effectiveness Of The Secondary Weapon Of The West Virginia State Police, Jesse Andrew Davis

Theses, Dissertations and Capstones

The present study examines the effectiveness of the West Virginia State Troopers’ secondary weapon, Oleoresin Capsicum (OC) pepper spray (CAP-STUN®), as a means of alternative use of force for non-cooperative subjects. The WV State Police have adopted OC in an effort to reduce the number and severity of injuries sustained by suspects. This method was adopted as an optional means to effect arrests through non-lethal force. The use of OC can control and restrain individuals while causing the least possible harm to the individuals without increasing danger to troopers or others. Questionnaires were sent to West Virginia State Troopers for …

Identity Theft Awareness In North Central West Virginia, Gwendolyn Lea Goodrich

Theses, Dissertations and Capstones

Identity theft occurs when an individual "takes over" the identity of another without that person's consent or when someone uses bits and pieces of information about an individual to represent himself or herself as that person for fraudulent purposes. The simplicity of gathering personal identification through technology enhancements has made identity theft reportedly the fastest growing crime in the U.S. The latest report indicates, through a national survey, that 20 percent of Americans are victims of identity theft. However, the impact of this growing crime has not been assessed in North Central West Virginia, where this study occurred. The theory …

Adult Crime, Adult Time: Punishing Violent Youth In The Adult Criminal Justice System, David Myers

Criminal Justice Faculty Publications

Contemporary concerns about youth violence and related legislative reforms have resulted in greater numbers of adolescent offenders being handled in the adult criminal justice system. Although some past research suggests that juveniles transferred to adult court often receive somewhat lenient treatment, more recent studies focusing on violent youthful offenders have found the adult system to be more punitive in nature. This study examined this issue for 557 violent youths fromPennsylvania, of which 138 were judicially waived to adult court. Statistical analyses revealed that, in terms of punishment certainty, severity, and swiftness, juveniles transferred to adult court were treated more harshly …

Chicken Little, Three Blind Men And An Elephant, And “Racial Profiling”: A Commentary On The Collection, Analysis, And Interpretation Of Traffic Stop Data, Angela D. Crews

Criminal Justice Faculty Research

This paper discusses the collection, analysis, and interpretation of police traffic stop data. The focus primarily is on the theoretical, statistical, and practical determination of whether law enforcement is engaging in “racial profiling.” One of the most controversial components of research in this area relates to the “baseline” or comparison group. Researchers struggle with determining whether agencies are engaging in “racial profiling” when making traffic stops without some measure of what the world would look like in the absence of “racial profiling.” We know what is, but how can we know what should be? A model is proposed that …

Toward A Criminology Of International Crime, Mark A. Drumbl

Scholarly Articles

The criminal adjudication of those who perpetrate egregious human rights violations has gained normative currency among international lawyers and rights activists. This norm has encouraged the construction of a variety of international legal institutions, specifically tribunals and courts. This Article tracks the logic of this norm and suggests that, at its root, it represents a general extension of Western municipal criminal law, and Anglo-American common law methodologies in particular, to the international context and cases of mass violence. This triggers two interrelated concerns: is this extension (1) theoretically sustainable and (2) operationally effective for adjudicating wrongdoing in all cases of …

Every Day Is Halloween: A Goth Primer For Law Enforcement, Gordon A. Crews

Criminal Justice Faculty Publications

The following article is based upon field research conducted by Dr. Gordon A. Crews dealing with juveniles and young adults involved in the “Goth” lifestyle across the United States. This research is part of his ongoing efforts over the last decade to examine the impacts of alternative lifestyles, beliefs, and practices upon juvenile delinquency and violence. Most of the information in this article has been derived from face-to-face interviews with individuals aged 13 to 39 years of age proclaiming to be Goth, Vampires, Satanists, Pagans, Wiccans, New Agers, Druids, and a myriad of other occult-based identities.

The Recidivism Of Violent Youths In Juvenile And Adult Court: A Consideration Of Selection Bias, David Myers

Criminal Justice Faculty Publications

Contemporary research suggests that increased efforts to transfer juveniles to the adult criminal justice system may backfire, as waived youths generally exhibit greater recidivism as compared to similar offenders retained in juvenile court. One concern with this research is the possibility of selection bias, meaning that the findings could be explained as merely a simple consequence of the highest risk youth being transferred. This study examined this issue for 494 violent youths from Pennsylvania, of which 79 were waived to adult court and 415 were retained in juvenile court. The likelihood, seriousness, and timing of their recidivism were analyzed, with …

Columbine School Massacre, Eric S. Yellin

History Faculty Publications

On 20 April 1999, in one of the deadliest school shootings in national history, two students at Columbine High School in Littleton, Jefferson County, Colorado, killed twelve fellow students and a teacher and injured twenty-three others before committing suicide. Eric Harris, age eighteen, and Dylan Klebold, age seventeen, used homemade bombs, two sawed-off twelve-gauge shotguns, a nine-millimeter semiautomatic rifle, and a nine-millimeter semiautomatic pistol in a siege that began shortly after 11 A.M.

Sacco & Vanzetti Case, Eric S. Yellin, Louis Foughin

History Faculty Publications

Nicola Sacco, a skilled shoeworker born in 1891, and Bartolomeo Vanzetti, a fish peddler born in 1888, were arrested on 5 May 1920, for a payroll holdup and murder in South Braintree, Massachusetts. A jury, sitting under Judge Webster Thayer, found the men guilty on 14 July 1921. Sacco and Vanzetti were executed on 23 August 1927 after several appeals and the recommendation of a special advisory commission serving the Massachusetts governor. The execution sparked worldwide protests against repression of Italian Americans, immigrants, labor militancy, and radical political beliefs.

Rethinking The Death Penalty: Can We Define Who Deserves Death – A Symposium Held At The Association Of The Bar Of The City Of New York May 22, 2002, Martin J. Leahy, Norman L. Greene, Robert Blecker, Jeffrey L. Kirchmeier, William M. Erlbaum, David Von Drehle, Jeffrey A. Fagan

Faculty Scholarship

In light of the defects of the capital punishment system and recent calls for a moratorium on executions, many are calling for serious reform of the system. Even some who would not eliminate the death penalty entirely propose reforms that they contend would result in fewer executions and would limit the death penalty to a category that they call the "worst of the worst." This program asks the question: Is there a category of defendants who are the "worst of the worst?" Can a crime be so heinous that a defendant can be said to "deserve" to be executed? Would …

Comparison Of Education Level, Intelligence Quotient, And Higher Education Courses Of Individuals Who Commit Violent Crimes And Those Individuals Who Commit Nonviolent Crimes In Arkansas, W. Andranette Anderson-Blackwell

Theses and Dissertations

The purpose of this study was to examine and compare education levels, intelligence quotients, and college courses taken or are being taken by criminal offenders who commit violent versus nonviolent crimes. One hundred males and 100 females from the states' correctional facilities were used as the sample. The sample was stratified according to four characteristics: type of crime committed (violent or nonviolent), ethnicity, age, and gender. The null hypothesis tested in this study was that there is no statistically significant difference, at the 0.05 level, in the educational levels or intelligence quotients of criminal offenders as to age, ethnicity, gender, …

Divisionews (Winter 2003, Issue #11), American Society Of Criminology. Division On Women And Crime, Joanne Belknap, Kristin Winokur, Amy D'Unger, Alisa Smith, Susan Sharp, Amanda Burgess-Proctor, Angie Moe

Division on Women and Crime Documents and Correspondence

No abstract provided.

Atkins, Adolescence, And The Maturity Heuristic: Rationales For A Categorical Exemption For Juveniles From Capital Punishment, Jeffrey A. Fagan

Faculty Scholarship

In Atkins v. Virginia, the U.S. Supreme Court voted six to three to bar further use of the death penalty for mentally retarded offenders. The Court offered three reasons for banning the execution of the retarded. First, citing a shift in public opinion over the thirteen years since Penry v. Lynaugh, the Court in Atkins ruled that the execution of the mentally retarded is "cruel and unusual punishment" prohibited by the Eighth Amendment. Second, the Court concluded that retaining the death penalty for the mentally retarded would not serve the interest in retribution or deterrence that is essential to capital …

Implementation Failure Of Truancy Statutes In The Fourth Judicial Circuit Of Florida: A Case Study In Street-Level Bureaucracy, Carrie Lynn Tullos

UNF Graduate Theses and Dissertations

This research utilizes the case study method to examine the effectiveness of truancy statutes recently implemented in Florida's Fourth Judicial Circuit prior to the 1999-2000 school year. The statutes were implemented state wide, but this study concentrates on the Fourth Judicial Circuit. The Fourth Judicial Circuit in Northeast Florida consists of Duval, Clay, and Nassau Counties. The legislation examined requires individual schools to conduct an initial truancy intervention when a student has accumulated 5 unexcused absences in a calendar month or 10 unexcused absences in any 90-day period.

An exploratory case study was conducted that consisted of interviews with school …

Applying The Responsible Corporate Officer Doctrine Outside The Public Welfare Context, Amiad Kushner

Journal of Criminal Law and Criminology

No abstract provided.

Drug Courts And The De Facto Legalization Of Drug Use For Participants In Residential Treatment Facilities, Andrew Armstrong

Journal of Criminal Law and Criminology

No abstract provided.

For Mice Or Men Or Children - Will The Expansion Of The Eighth Amendment In Atkins V. Virginia Force The Supreme Court To Re-Examine The Minimum Age For The Death Penalty, Jamie Hughes

Journal of Criminal Law and Criminology

No abstract provided.

To Serve And Collect: Measuring Police Corruption, Sanja Kutnjak Ivkovic

Journal of Criminal Law and Criminology

No abstract provided.

Norms And Criminal Law, And The Norms Of Criminal Law Scholarship, Robert Weisberg

Journal of Criminal Law and Criminology

No abstract provided.

Pre-Arrest Silence: Minding That Gap Between Fourth Amendment Stops And Fifth Amendment Custody, Sara Ciarelli

Journal of Criminal Law and Criminology

No abstract provided.

The Tenuous Relationship Between The Fight Against Money Laundering And The Disruption Of Criminal Finance, Mariano-Florentino Cuellar

Journal of Criminal Law and Criminology

No abstract provided.

Beyond Accommodation: Reconstructing The Insanity Defense To Provide An Adequate Remedy For Postpartum Psychotic Women, Jessie Manchester

Journal of Criminal Law and Criminology

No abstract provided.

Kidnapping Federalism: United States V. Wills And The Constitutionality Of Extending Federal Criminal Law Into The States, M. Todd Scott

Journal of Criminal Law and Criminology

No abstract provided.

Book Review

Journal of Criminal Law and Criminology

No abstract provided.

Recent Books

Journal of Criminal Law and Criminology

No abstract provided.