The Pro Bono Collaborative Project Spotlight: Rwu Law Street Law: Teaching Teens About The Law And Inspiring Future Lawyers 11-16-2017,
2017
Roger Williams University
The Pro Bono Collaborative Project Spotlight: Rwu Law Street Law: Teaching Teens About The Law And Inspiring Future Lawyers 11-16-2017, Roger Williams University School Of Law
Pro Bono Collaborative Staff Publications
No abstract provided.
Born Again On Death Row: Retribution, Remorse, And Religion,
2017
St. John's University School of Law
Born Again On Death Row: Retribution, Remorse, And Religion, Michael A. Simons
The Catholic Lawyer
No abstract provided.
Crime And Punishment: A Catholic Perspective,
2017
St. John's University School of Law
Crime And Punishment: A Catholic Perspective, Joseph L. Falvey, Jr.
The Catholic Lawyer
No abstract provided.
Crisp-Set Qualitative Comparative Analysis (Csqca) And Criminology,
2017
Queensland University of Technology
Crisp-Set Qualitative Comparative Analysis (Csqca) And Criminology, Belinda L. Parker
Qualitative Criminology (QC)
"This article presents Qualitative Comparative Analysis (QCA; Ragin, 1987, 2000) as a useful methodological approach for criminological research. The aim is to introduce QCA’s logic and assumptions and a step-by-step guide to its application of crisp-set QCA using an illustrative hypothetical example. While QCA is a relatively new method and not widely used within criminological research thus far, it offers a unique approach that is particularly well suited to the field. This article is intended to serve as an introduction to those researchers interested in QCA and to demonstrate how they may incorporate it into their research."
Employment Pathways: How Former Offenders Navigate To Employment,
2017
Southern Illinois University Carbondale
Employment Pathways: How Former Offenders Navigate To Employment, Breanne Pleggenkuhle, Alaina Bearsby Steele, Elle Gray Teshima
Qualitative Criminology (QC)
"Employment is one of the most critical dimensions of reintegration, and much research documents the barriers formerly incarcerated persons experience in seeking out steady work. However, most offenders are ultimately successful in obtaining some form of employment. Less research discusses how offenders manage these barriers or examines the practice by which offenders navigate employment pathways, and even less examines whether particular offense categories further challenge the process. The current research utilizes qualitative data to examine the methods by which ex-offenders seek out and obtain employment, with an emphasis on the function of self-motivating practices, access to services, and the utilization …
“Losing The Humanity Of The Street”: Retired Police Officer Narratives Of The Evolution Of Low-Level Enforcement In New York City,
2017
San Diego State University
“Losing The Humanity Of The Street”: Retired Police Officer Narratives Of The Evolution Of Low-Level Enforcement In New York City, Megan Welsh
Qualitative Criminology (QC)
"Low-level enforcement activities such as pedestrian and traffic stops, the issuance of criminal court summonses (tickets or citations), and misdemeanor arrests comprise the vast majority of police-citizen encounters relative to the policing of more serious, felony-level offenses. The complexities of these activities – particularly from the perspectives of the police officers who carry them out – have received relatively little scholarly attention. In an effort to more fully understand the nuances of low-level enforcement, in particular how such activities have changed over time and how police officers have experienced such changes, in-depth interviews were conducted with a small sample of …
Forrest Stuart, Down, Out, And Under Arrest: Policing And Everyday Life In Skid Row,
2017
Indiana State University
Forrest Stuart, Down, Out, And Under Arrest: Policing And Everyday Life In Skid Row, Jordan Denton
Qualitative Criminology (QC)
"Aggressive crime control strategies such as stop-and-frisk and poverty governance bring forth contentious debates on their impact. Proponents argue the policies are needed to combat crime, while opponents contend they are oppressive, harmful, and discriminatory. It is rare in these discussions that the perspectives of the control agents and the public impacted by the policies are simultaneously engaged. Forrest Stuart in his book Down, Out, and Under Arrest: Policing and Everyday Life in Skid Row fills this gap using ethnographic and historical data to depict how poverty governance impacts the everyday interactions of Skid Row residents, police, and community organizations. …
‘It Just Be Like That’:Young Men’S And Women’S Attributions Of Negative Sexual Behavior,
2017
Southern Illinois University
‘It Just Be Like That’:Young Men’S And Women’S Attributions Of Negative Sexual Behavior, Christopher W. Mullins, Daniel R. Kavish
Qualitative Criminology (QC)
"This paper provides an examination of the role that male peer support plays in negative sexual attitudes and behaviors vis-àvis women. Drawing on semi-structured interview data collected from at risk high school students in an urban Midwestern town, we are able to qualitatively explore attitudes, behaviors, and experiences within this group of young men and women as they relate to negative sexual behaviors. We integrate routine activites theory with a male peer support theory of violence to to obtain a more holistic view of negative sexual behaviors. Male peer support models provide us with a theoretical explanation of the variation …
Calling Crawford: Minnesota Declares A 911 Call Non-Testimonial In State V. Wright,
2017
University of Maine School of Law
Calling Crawford: Minnesota Declares A 911 Call Non-Testimonial In State V. Wright, Alistair Y. Raymond
Maine Law Review
In State v. Wright, 1 the State of Minnesota charged David Wright with possession of a firearm by a felon and two counts of second-degree assault against his girlfriend and her sister. A jury found Wright guilty on all charges and sentenced him to sixty months in jail for each crime, with sentences served concurrently. Wright’s girlfriend, R.R., and her sister, S.R., did not testify against him at trial. The prosecution, however, used the transcript of a 911 call placed by R.R. against Wright in the trial. Although the 911 call was hearsay, the court admitted it under Minnesota’s excited …
Parsing Personal Predilections: A Fresh Look At The Supreme Court's Cruel And Unusual Death Penalty Jurisprudence,
2017
University of Maine School of Law
Parsing Personal Predilections: A Fresh Look At The Supreme Court's Cruel And Unusual Death Penalty Jurisprudence, Susan M. Raeker-Jordan
Maine Law Review
The now well-known case of Atkins v. Virginia decided that the execution of those with mental retardation constituted cruel and unusual punishment under the Eighth Amendment. The more recent case of Roper v. Simmons decided that execution of those who were under the age of eighteen when they committed their crimes also constituted cruel and unusual punishment. Both decisions changed the law that had existed since 1989, when the Court held in Penry v. Lynaugh and Stanford v. Kentucky that executions of members of both classes were not unconstitutional. Writing for the Court in Atkins v. Virginia, Justice Stevens was …
A New Future? The Catholic Church, Grassroots Justice, And Accountability,
2017
A Contrario International Criminal Law
A New Future? The Catholic Church, Grassroots Justice, And Accountability, Regina Menachery Paulose
Biennial Conference: The Social Practice of Human Rights
Between the 1970s and 1980s, Guatemalans, particularly the indigenous populations, were targets of a state-sponsored genocide. Several years after the genocide, Catholic Bishop Juan Gerardi of Guatemala City took the lead in creating the Recovery of Historical Memory Project which was an independent investigation into the events of the genocide. Gerardi was murdered before the report was made public. This paper will briefly discuss Gerardi’s work and his contribution to local justice in Guatemala. The author will then explore what contributions the Catholic Church could make in creating similar fact-finding missions. Could a grassroots mechanism such as the one Gerardi …
Alotaibi V. State, 133 Nev. Adv. Op. 81 (Nov. 9, 2017) (En Banc),
2017
University of Nevada, Las Vegas -- William S. Boyd School of Law
Alotaibi V. State, 133 Nev. Adv. Op. 81 (Nov. 9, 2017) (En Banc), Brendan Mcleod
Nevada Supreme Court Summaries
The Court clarified that when an element goes only to punishment and is not essential to a finding of guilt, it is not an element of the offense for purposes of determining whether a lesser-included-offense instruction is warranted pursuant to NRS 175.501. Further, the Court determined that where a statute provides alternative ways of committing an uncharged offense, the elements of only one of those alternatives needs to be included in the charged offense for the uncharged offense to be a lesser-included offense.
Smashing The Tragic Illusion Of Justice: The Reprehensibility Of The Death Penalty In Virginia,
2017
St. John's University School of Law
Smashing The Tragic Illusion Of Justice: The Reprehensibility Of The Death Penalty In Virginia, Meagan E. Costello
The Catholic Lawyer
No abstract provided.
Capital Punishment In The Age Of Terrorism,
2017
St. John's University School of Law
Capital Punishment In The Age Of Terrorism, Norman L. Greene, Norman Redlich, David Bruck, Paul Saunders, Richard Weisberg, Kenneth Roth
The Catholic Lawyer
No abstract provided.
Bringing Penance Back To The Penitentiary: Using The Sacrament Of Reconciliation As A Model For Restoring Rehabilitation As A Priority In The Criminal Justice System,
2017
St. John's University School of Law
Bringing Penance Back To The Penitentiary: Using The Sacrament Of Reconciliation As A Model For Restoring Rehabilitation As A Priority In The Criminal Justice System, John Celichowski, O.F.M Cap.
The Catholic Lawyer
No abstract provided.
United States V. Pho: Defining The Limits Of Discretionary Sentencing,
2017
University of Maine School of Law
United States V. Pho: Defining The Limits Of Discretionary Sentencing, John G. Wheatley
Maine Law Review
In the consolidated case of United States v. Pho, the government appealed two district court rulings that imposed criminal sentences outside of the range provided in the Federal Sentencing Guidelines Manual (Guidelines). At separate trials, both defendants pied guilty to the crime of possession with intent to distribute five grams or more of cocaine base (commonly known as crack). Rejecting the Guidelines' disparate treatment of crack and powder cocaine, the district court imposed sentences that were below the Guidelines' range, but above the statutory mandatory minimum. The Court of Appeals for the First Circuit vacated both sentences and remanded the …
Constructing Recidivism Risk,
2017
Indiana University Maurer School of Law
Constructing Recidivism Risk, Jessica Eaglin
AI-DR Collection
Courts increasingly use actuarial—meaning statistically derived—information about a defendant’s likelihood of engaging in criminal behavior in the future at sentencing. This Article examines how developers construct the tools that predict recidivism risk. It exposes the numerous choices that developers make during tool construction with serious consequences to sentencing law and policy. These design decisions require normative judgments concerning accuracy, equality, and the purpose of punishment. Whether and how to address these concerns reflects societal values about the administration of criminal justice more broadly. Currently, developers make these choices in the absence of law, even as they face distinct interests that …
State Criminal Appeals Revealed,
2017
Vanderbilt University Law School
State Criminal Appeals Revealed, Michael Heise, Nancy J. King, Nicole A. Heise
Vanderbilt Law Review
Every state provides appellate review of criminal judgments, yet little research examines which factors correlate with favorable outcomes for defendants who seek appellate relief. To address this scholarly gap, this Article exploits the Survey of Criminal Appeals in State Courts (2010) dataset, recently released by the Bureau of Justice Statistics and the National Center for State Courts (hereinafter, "NCSC Study"). The NCSC Study is the first and only publicly available national dataset on state criminal appeals and includes unprecedented information from every state court in the nation with jurisdiction to review criminal judgments.
Terrorist Advocacy And Exceptional Circumstances,
2017
Pepperdine University School of Law
Terrorist Advocacy And Exceptional Circumstances, David S. Han
Fordham Law Review
This Article proceeds as follows. Part I discusses the harmful effects of terrorist advocacy and outlines the present doctrinal treatment of such speech. Part II discusses the issue of exceptional circumstances and highlights the two approaches courts might take to account for them: applying strict scrutiny to the case at hand or broadly reformulating the First Amendment’s doctrinal boundaries. Part III sets forth my central thesis: courts should adhere to case-by-case strict scrutiny analysis, rather than broad doctrinal reformulation, as the initial means of accounting for exceptional circumstances with respect to terrorist advocacy. This approach reflects the vital importance of …
Entertaining Satan: Why We Tolerate Terrorist Incitement,
2017
Northwestern University
Entertaining Satan: Why We Tolerate Terrorist Incitement, Andrew Koppelman
Fordham Law Review
Words are dangerous. That is why governments sometimes want to suppress speech. The law of free speech reflects a settled decision that, at the time that law was adopted, the dangers were worth tolerating. But people keep dreaming up nasty new things to do with speech. Recently, the Islamic State of Iraq and Syria (ISIS) and other terrorist organizations have employed a small army of Iagos on the internet to recruit new instruments of destruction. Some of what they have posted is protected speech under present First Amendment law. In response, scholars have suggested that there should be some new …
