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Table Of Contents, Volume 6, Number 3, 2008, The Death Penalty, Editorial Board

The University of New Hampshire Law Review

Table of contents for a special issue on the topic of capital punishment.

Completely Unguided Discretion: Admitting Non-Statutory Aggravating And Non-Statutory Mitigating Evidence In Capital Sentencing Trials, Sharon Turlington

The University of New Hampshire Law Review

[Excerpt] “As an attorney practicing exclusively in the area of death penalty defense at the trial level for the last ten years, my perspective on the problems inherent in the system seems vastly different from that presented in academic research and even in case law. While most of the recent changes in death penalty law have focused on the right of the defendant to have sentencing enhancing elements of an offense proven to a jury beyond a reasonable doubt, much of the evidence presented in an actual death penalty jury trial is non-statutory aggravation and non-statutory mitigation. Generally, non-statutory aggravating …

The Abolitionist’S Dilemma: Establishing The Standards For The Evolving Standards Of Decency, Dwight Aarons

The University of New Hampshire Law Review

[Excerpt] “For those who believe that the death penalty should be declared unconstitutional and that the U.S. Supreme Court is the institution that should make that declaration, these are interesting times. On one hand, the Rehnquist Court, which had previously not been a reliable friend of criminal defendants, in 2002, ruled that it was unconstitutional to execute mentally retarded defendants, and in 2005 it came to the same conclusion as to defendants who committed a capital crime before his or her eighteenth birthday. On the other hand, close scrutiny of these opinions evidences that the Court all but casts aside …

The Emerging Death Penalty Jurisprudence Of The Roberts Court, Kenneth C. Haas

The University of New Hampshire Law Review

[Excerpt] “In 1976, four years after finding the nation’s death penalty laws to be constitutionally flawed, the U.S. Supreme Court established the parameters of modern American death penalty jurisprudence. Since then the Court has gone through several phases. The Court proceeded cautiously from 1977 to 1982, limiting the death penalty to those who committed murder in a manner deemed especially heinous and despicable by judges and juries, requiring even-handedness and consistency in capital sentencing, and insisting that sentencing authorities examine the individual characteristics of each offender and the particular circumstances of his crime. From 1983 to 2001, however, the Court …

The Death Penalty And Reversible Error In Massachusetts, Alan Rogers

The University of New Hampshire Law Review

[Excerpt] “This article will survey Massachusetts homicide cases from 1805 to 1996 in which the SJC found reversible error. For comparative purposes, the data will be grouped into three periods: from 1805, the year the SJC began to publish its decisions, to 1891, the year original jurisdiction for homicide cases was transferred from the SJC to the Superior Court; 1892 to 1939, the year Massachusetts law allowed the SJC to review the facts as well as the law of capital cases; and from 1940 to 1996, the year Chief Justice Paul Liacos resigned from the court and the importance of …

Death Is Unconstitutional: How Capital Punishment Became Illegal In America—A Future History, Jur. Eric Engle Ph.D.

The University of New Hampshire Law Review

[Excerpt] “A constitution is an organic fact of every state: it is a part of the being of the state. People, like the state, also have a constitution—a character. Just as people change over time, so do states. But just as there are natural limits on what people can or cannot become, so there are natural limits on what the state can and cannot fairly do. No man, nor any group of men, ex ante may justly take the life of another person, though perhaps their killing may be excused (or forgiven) ex post.”

"The death of Death would surely …

Women, Re-Entry And Everyday Life: Time To Work?, Dina R. Rose, Venezia Michalsen, Dawn R. Wiest, Anupa Fabian

Department of Justice Studies Faculty Scholarship and Creative Works

This study focuses on women at various stages of re-entry into the community after involvement with the criminal justice system. In particular, it takes a close look at how the participants in the study manage their time in the face of the types of competing demands that are all too common to most people.

Targeted Interventions Could Ease Maine's Prison And Jail Populations, Mark Rubin

Justice Policy

Overcrowding and rising costs in Maine’s corrections system have become a serious problem. In the past twenty years, the average daily population in state prisons has grown 74 percent, while county jails have grown 193 percent. To accommodate this growth, Maine, in 2004, spent $127,343,971, not including debt service, to operate the prisons and county jails. This brief examines state prison, county jail, and probation population trends since 2004 and identifies key factors driving the number of prisoners

Forensic Science, Wrongful Convictions, And American Prosecutor Discretion, Dennis J. Stevens

Criminal Justice Faculty Publications

A hot controversy exists about the reliability of forensic science as reported by prime-time drama television series in bringing violent criminals to justice. This exploratory research will show that neither forensics or its fictionalised (CSI Effect) accounts, nor substantial evidence secured by police investigators, shape prosecutor decisions to charge a suspect with a crime, which can often result in freeing guilty suspects and convicting innocent individuals. In the summer of 2006, 444 American prosecutors responded to a survey. The findings reveal that judges, juries, and defence lawyers are influenced more by prime-time American drama forensic accounts than by the substantial …

Natural Law - A Libertarian View, Anthony D'Amato

Faculty Working Papers

What follows from the following two propositions? Legal positivism views law as a command writ large. The commander is the person or group with the most power. Answer: this pernicious mind-set is responsible for our abandonment of personal liberty. For there can be no limit to the imagination and will power of the commander. The plenary jurisdiction of the commander paves the way for Big Government to move in and regulate every aspect of our lives and our privacy. The world wasn't always like this. Prior to the servility that positivism has induced, there was a now-forgotten secular natural law …

Moral Spillovers: The Effect Of Moral Violations On Deviant Behavior, Elizabeth Mullen, Janice Nadler

Faculty Working Papers

Two experiments investigated whether outcomes that violate people's moral standards increase their deviant behavior (the moral spillover effect). In Study 1, participants read about a legal trial in which the outcome supported, opposed or was unrelated to their moral convictions. Relative to when outcomes supported moral convictions, when outcomes opposed moral convictions people judged the outcome to be less fair, were more angry, were less willing to accept the outcome, and were more likely to take a borrowed pen. In Study 2, participants who recalled another person's moral violation were more likely to cheat on an experimental task relative to …

The Denial Of Emergency Protection: Factors Associated With Court Decision Making, Carol E. Jordan, Adam J. Pritchard, Pamela Wilcox, Danielle Duckett-Pritchard

Office for Policy Studies on Violence Against Women Publications

Despite the importance of civil orders of protection as a legal resource for victims of intimate partner violence, research is limited in this area, and most studies focus on the process following a court’s initial issuance of an emergency order. The purpose of this study is to address a major gap in the literature by examining cases where victims of intimate partner violence are denied access to temporary orders of protection. The study sample included a review of 2,205 petitions that had been denied by a Kentucky court during the 2003 fiscal year. The study offers important insights into the …

Extending The Reach Of The State Into The Post-Sentence Period: Section 26 Of The Criminal Justice Act 2007, Mary Rogan

Articles

The Criminal Justice Act 2007 heralded a plethora of changes to Irish criminal law and procedure. The law on sentencing was also affected by its provisions. The focus of this article is on section 26 of that Act which introduces a general power on a court to make an order while passing sentence which will take effect on the expiration of a sentence of imprisonment. Under section 26 a court can impose two such orders, the “monitoring” order and the “protection of persons” order. The author assesses the background to the introduction of these dispositions and the potential application and …

Nebraska Transcript (University Of Nebraska College Of Law), Volume 40, Number 2, Winter 2008

Nebraska Transcript

2 Space and Telecom Law

7 Taking Shape: Construction Projects to Add Classrooms, Renovate Restrooms

13 What’s New in the CSO?

15 Assistant Dean Gloden Comes Back to the Good Life

17 Estop The Music

35 Giving and Receiving with Charitable Remainder Unitrusts

36 Hong First to Receive Outstanding International Alumnus Award

37 Fiala Finds That Preparation Pays In Classroom, Courtroom, Radio Booth

39 Hendry at Home in Classroom

Dean’s Message ; 9 Donor Recognition ; 10 Award of Merit ; 11 Law Library Tales & Tables ; 18 Faculty Notes ; 21 Faculty News ; 23 Graduation ; 26 …

Analysis Of Information Remaining On Hand Held Devices Offered For Sale On The Second Hand, Andy Jones, Craig Valli, Iain Sutherland

Journal of Digital Forensics, Security and Law

The ownership and use of mobile phones, Personal Digital Assistants and other hand held devices is now ubiquitous both for home and business use. The majority of these devices have a high initial cost, a relatively short period before they become obsolescent and a relatively low second hand value. As a result of this, when the devices are replaced, there are indications that they tend to be discarded. As technology has continued to develop, it has led to an increasing diversity in the number and type of devices that are available, and the processing power and the storage capacity of …

The Politics Of Policing: Ensuring Stakeholder Collaboration In The Federal Reform Of Local Law Enforcement Agencies, Kami Chavis Simmons

Journal of Criminal Law and Criminology

No abstract provided.

Book Reviews

Journal of Criminal Law and Criminology

No abstract provided.

The Crime Of Complicity In Genocide: How The International Criminal Tribunals For Rwanda And Yugoslavia Got It Wrong, And Why It Matters, Daniel M. Greenfield

Journal of Criminal Law and Criminology

No abstract provided.

Arguing For An Integrated Approach To Resolving The Crisis In Darfur: The Challenges Of Complementarity, Enforcement, And Related Issues In The International Criminal Court, Christopher D. Totten, Nicholas Tyler

Journal of Criminal Law and Criminology

No abstract provided.

The Grand Jury Legal Advisor: Resurrecting The Grand Jury's Shield, Thaddeus Hoffmeister

Journal of Criminal Law and Criminology

No abstract provided.

Un-Incorporating The Bill Of Rights: The Tension Between The Fourteenth Amendment And The Federalism Concerns That Underlie Modern Criminal Procedure Reforms, Justin F. Marceau

Journal of Criminal Law and Criminology

No abstract provided.

State Intentions And The Law Of Punishment, Alice Ristroph

Journal of Criminal Law and Criminology

No abstract provided.

Free To Leave - An Empirical Look At The Fourth Amendment's Seizure Standard, David K. Kessler

Journal of Criminal Law and Criminology

No abstract provided.

Book Review

Journal of Criminal Law and Criminology

No abstract provided.

Let The Punishment Fit The Crime: Should Courts Exercise The Power Of Appellate Sentence Review In Cases Involving Narcotics And Other Stigmatized Crimes, Lee Dionne

Journal of Criminal Law and Criminology

No abstract provided.

An Unholy Alliance: Perceptions Of Influence In Insurance Fraud Prosecutions And The Need For Real Safeguards, Aviva Abramovsky

Journal of Criminal Law and Criminology

No abstract provided.

Rethinking Robinson V. California In The Wake Of Jones V. Los Angeles: Avoiding The Demise Of The Criminal Law By Attending To Punishment, Martin R. Gardner

Journal of Criminal Law and Criminology

No abstract provided.

The Empirics Of Prison Growth: A Critical Review And Path Forward, John F. Pfaff

Journal of Criminal Law and Criminology

No abstract provided.

The Felony Murder Rule In Illinois: The Injustice Of The Proximate Cause Theory Explored Via Research In Cognitive Psychology, Martin Lijtmaer

Journal of Criminal Law and Criminology

No abstract provided.

Of Vice And Men: A New Approach To Eradicating Sex Trafficking By Reducing Male Demand Through Educational Programs And Abolitionist Legislation, Iris Yen

Journal of Criminal Law and Criminology

No abstract provided.