Cutting The Cord: Ho'oponopono And Hawaiian Restorative Justice In The Criminal Law Context ,
2012
Pepperdine University
Cutting The Cord: Ho'oponopono And Hawaiian Restorative Justice In The Criminal Law Context , Andrew J. Hosmanek
Pepperdine Dispute Resolution Law Journal
Ho'oponopono is a traditional Hawaiian dispute resolution system that has recently experienced a resurgence of interest. The word ho'oponopono literally means to make right. In this system, both the offender and victim participate in a type of guided mediation along with other stakeholders in the offense. Ho'oponopono is different from typical mediations because after the session is successfully completed, the participants figuratively cut the cord of legal and psychological entanglement which binds them - in other words, the dispute is put to rest forever. When victim and offender come to a true resolution of the problem, and jointly make the …
Shame By Any Other Name: Lessons For Restorative Justice From The Principles, Traditions And Practices Of Alcoholics Anonymous ,
2012
Pepperdine University
Shame By Any Other Name: Lessons For Restorative Justice From The Principles, Traditions And Practices Of Alcoholics Anonymous , Victoria Pynchon
Pepperdine Dispute Resolution Law Journal
Because the painful experience of shame is believed to deter anti-social and criminal conduct, it has long been a staple of our criminal justice system. Its purpose has been to accomplish moral education about the wrongfulness of the crime and to prevent its occurrence through social and self-disapproval. In criminal ADR or "restorative justice" circles, the beneficial effects of "reintegrative" shame are meant to be accomplished by a "restorative justice conference" or "victim-offender mediation" ("VOMS"). These VOMs bring together victims and their loved ones; offenders and their friends and family; and, caring members of the community for the purpose of …
The Gacaca Experiment: Rwanda's Restorative Dispute Resolution Response To The 1994 Genocide,
2012
Pepperdine University
The Gacaca Experiment: Rwanda's Restorative Dispute Resolution Response To The 1994 Genocide, Jessica Raper
Pepperdine Dispute Resolution Law Journal
Since its rise to power in July of 1994, the Rwandan government has been committed to prosecuting all those accused of genocide. To prosecute the approximately 130,000 defendants, Rwanda has adopted a program called gacaca, based on Rwanda's traditional customary dispute resolution system. The gacaca law provides a reconciliation component that allows defendants to trade confessions of past genocide crimes for indemnification, as well as a prosecution component that holds the most serious offenders accountable in a Western style prosecution in a formal court of law. One of the main goals of gacaca is to end the so-called "culture …
Cudgel Or Carrot: How Roper V. Simmons Will Affect Plea Bargaining In The Juvenile System ,
2012
Pepperdine University
Cudgel Or Carrot: How Roper V. Simmons Will Affect Plea Bargaining In The Juvenile System , D. Brian Woo
Pepperdine Dispute Resolution Law Journal
In 2005, the United States Supreme Court held, in Roper v. Simmons, that the execution of convicted juveniles violated the Eighth Amendment's prohibition on cruel and unusual punishment. In addressing the issue, the Court determined that a national consensus had developed against the execution of juveniles. Ultimately, a majority of the court decided that a national public consensus had been reached against the execution of juveniles under 18 in age. With Roper, no longer can juveniles of any age be executed. This decision will undoubtedly affect the entire juvenile penal system, from how cases enter the system, to …
Meet Me On Death Row: Post-Sentence Victim-Offender Mediation In Capital Cases,
2012
Pepperdine University
Meet Me On Death Row: Post-Sentence Victim-Offender Mediation In Capital Cases, Rachel Alexandra Rossi
Pepperdine Dispute Resolution Law Journal
Since the 1970's, victim-offender mediation (VOM) has increased in use, most commonly with minor offenses. More recently, VOM has been sparingly applied to serious and violent crimes, including "rape, vehicular homicide, attempted homicide, and murder." Death penalty cases have rarely been the focus of restorative justice or VOM, likely because the victim has died and the offender will soon be executed, and these two parties are traditionally the focus of restorative justice. However, while capital cases involve unique concerns and issues, VOM can still be applied in these cases. The process would only require some modification of the focus and …
After The Crash: Citizens' Perceptions Of Connective-Tissue Injury Lawsuits,
2012
Cornell Law School
After The Crash: Citizens' Perceptions Of Connective-Tissue Injury Lawsuits, Valerie P. Hans, Nicole Vadino
Valerie P. Hans
Even though automobile accident cases comprise a substantial portion of the state jury trial caseload, the humble automobile case has attracted minimal scholarly attention. However, many members of the public believe that whiplash, a connective-tissue or soft-tissue injury from auto accidents, is oftentimes fraudulent. To explore public perceptions, a national survey included a scenario experiment that varied types of minor injuries from an automobile accident. As predicted, the plaintiff who experienced a bone fracture was seen as more likely to be suffering a real injury than a plaintiff who reported suffering from a connective-tissue injury. The fracture was also viewed …
The Predictability Of Juries,
2012
Cornell Law School
The Predictability Of Juries, Valerie P. Hans, Theodore Eisenberg
Valerie P. Hans
This article discusses the meaning of jury “predictability” and whether jury research supports claims of unpredictability. It then analyzes the factors that are associated with perceptions of civil jury unpredictability using data from (1) surveys of corporate and insurance attorneys’ views of the civil justice system, and (2) the outcomes of civil jury trials in state courts. Perceptions of punitive damages dominate business and insurance industry attorneys’ jury predictability ratings. Punitive damages data are significantly and strongly related to attorneys’ judgments about jury predictability across states. This strong association occurs despite evidence of infrequent punitive damage award requests and less …
The Relation Between Punitive And Compensatory Awards: Combining Extreme Data With The Mass Of Awards,
2012
Cornell Law School
The Relation Between Punitive And Compensatory Awards: Combining Extreme Data With The Mass Of Awards, Theodore Eisenberg, Valerie P. Hans, Martin T. Wells
Valerie P. Hans
This article assesses the relation between punitive and compensatory damages by combining two data sets of extreme awards with state court data from the National Center for State Courts (NCSC) for 1992, 1996, and 2001. One data set of extreme awards consists of punitive damages awards in excess of $100 million from 1985 through 2003, gathered by Hersch and Viscusi (H-V); the other includes the National Law Journal's (NLJ) annual reports of the 100 largest trial verdicts from 2001 to 2004. The integration of these data sets provides the most comprehensive picture of punitive damages in American civil trials to …
Finding The Original Meaning Of American Criminal Procedure Rights: Lessons From Reasonable Doubt’S
Development,
2012
New York Law School
Finding The Original Meaning Of American Criminal Procedure Rights: Lessons From Reasonable Doubt’S Development, Randolph N. Jonakait
The University of New Hampshire Law Review
[Excerpt] “The prosecution must prove every element of the crime beyond a reasonable doubt for a valid conviction. The Constitution nowhere explicitly contains this requirement, but the Supreme Court in In re Winship1 stated that due process commands it. Justice Brennan, writing for the Court, noted that the Court had often assumed that the standard existed, that it played a central role in American criminal justice by lessening the chances of mistaken convictions, and that it was essential for instilling community respect in criminal enforcement. The reasonable doubt standard is fundamental because it makes guilty verdicts more difficult. As Winship …
Policing, Popular Culture And Political Economy: Towards A Social Democratic Criminology [Book Review],
2012
Singapore Management University
Policing, Popular Culture And Political Economy: Towards A Social Democratic Criminology [Book Review], Mark Findlay
Research Collection Yong Pung How School Of Law
No abstract provided.
Davis And The Good Faith Exception: Pushing Exclusion To Extinction?,
2012
Mercer University School of Law
Davis And The Good Faith Exception: Pushing Exclusion To Extinction?, Eleanor De Golian
Mercer Law Review
To mitigate the effects of unlawful searches and remain faithful to the Fourth Amendment to the United States Constitution, the United States Supreme Court created the exclusionary rule, which requires lower courts to suppress evidence obtained from illegal searches. The Court, however, has recognized exceptions to the exclusionary rule, many of which involve police officers' "good faith" reliance on what they believe to be legal authority to search. In Davis v. United States, the Supreme Court held that, where a police officer relies on binding precedent in performing a search, the Fourth Amendment exclusionary rule will not be used …
The Problem Of Policing,
2012
University of Virginia School of Law
The Problem Of Policing, Rachel A. Harmon
Michigan Law Review
The legal problem of policing is how to regulate police authority to permit officers to enforce law while also protecting individual liberty and minimizing the social costs the police impose. Courts and commentators have largely treated the problem of policing as limited to preventing violations of constitutional rights and its solution as the judicial definition and enforcement of those rights. But constitutional law and courts alone are necessarily inadequate to regulate the police. Constitutional law does not protect important interests below the constitutional threshold or effectively address the distributional impacts of law enforcement activities. Nor can the judiciary adequately assess …
Virtue And Criminal Punishment,
2012
Boston College Law School
Virtue And Criminal Punishment, R. Michael Cassidy
R. Michael Cassidy
No abstract provided.
Presenter, Smartphones And The Fourth Amendment: Privacy In The Palm Of Your Hands?,
2012
1765
Presenter, Smartphones And The Fourth Amendment: Privacy In The Palm Of Your Hands?, Margaret Lawton
Margaret M. Lawton
No abstract provided.
The Defense Attorney As Mediator In Plea Bargains,
2012
Pepperdine University
The Defense Attorney As Mediator In Plea Bargains, Gabriel Hallevy
Pepperdine Dispute Resolution Law Journal
In this article, it will be argued that defense counsel's function in negotiating plea bargains is identical to that of a mediator, seeking to reconcile the positions of the defendant and the prosecution. Within this framework, the plea bargain should be seen as part of the broad conception of Alternative Dispute Resolution (ADR) which first made its appearance at the end of the 1970s. An analysis of plea bargains in the Western world as part of the broader concept of ADR actually shows that it is the defense attorney, rather than the court or the other parties to the issue, …
Impeachable Offenses?: Why Civil Parties In Quasi-Criminal Cases Should Be Treated Like Criminal Defendants Under The Felony Impeachment Rule,
2012
Pepperdine University
Impeachable Offenses?: Why Civil Parties In Quasi-Criminal Cases Should Be Treated Like Criminal Defendants Under The Felony Impeachment Rule, Colin Miller
Pepperdine Law Review
With one exception, every Federal Rule of Evidence dealing with propensity character evidence or evidence which can be misused as propensity character evidence makes it either: (a) as difficult to admit such evidence in civil trials as it is in criminal trials, or (b) more difficult to admit such evidence in civil trials than it is in criminal trials. The "mercy rule" falls into this latter category as it allows criminal defendants to inject the issue of character into their trials while a similar luxury is not afforded to civil parties. Before 2006, however, a substantial minority of courts extended …
Kimbrough And Gall: Taking Another "Crack" At Expanding Judicial Discretion Under The Federal Sentencing Guidelines,
2012
Pepperdine University
Kimbrough And Gall: Taking Another "Crack" At Expanding Judicial Discretion Under The Federal Sentencing Guidelines, Chris Gaspard
Pepperdine Law Review
No abstract provided.
Given An Inch, The Detainee Effort To Take A Mile: The Detainee Legislation And The Dangers Of The "Litigation Weapon In Unrestrained Enemy Hands",
2012
Pepperdine University
Given An Inch, The Detainee Effort To Take A Mile: The Detainee Legislation And The Dangers Of The "Litigation Weapon In Unrestrained Enemy Hands", Brian D. Fahy
Pepperdine Law Review
No abstract provided.
International Travel With A "Digital Briefcase": If Customs Officials Can Search A Laptop, Will The Right Against Self-Incrimination Contravene This Authority?,
2012
Pepperdine University
International Travel With A "Digital Briefcase": If Customs Officials Can Search A Laptop, Will The Right Against Self-Incrimination Contravene This Authority?, Ashley H. Verdon
Pepperdine Law Review
No abstract provided.
The Sexual Assault Counselor-Victim Privilege: Jurisdictional Delay Into An Unclaimed Sanctuary,
2012
Pepperdine University
The Sexual Assault Counselor-Victim Privilege: Jurisdictional Delay Into An Unclaimed Sanctuary, Armand Arabian
Pepperdine Law Review
No abstract provided.
