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Habeas Corpus In The Age Of Guantánamo, Cary Federman 2019 Montclair State University

Habeas Corpus In The Age Of Guantánamo, Cary Federman

Cary Federman

The purpose of the article is to examine the meaning of habeas corpus in the age of the war on terror and the detention camps at Guantanamo Bay. Since the war on terror was declared in 2001, the writ has been invoked from quarters not normally considered within the federal courts’ domain. In this article, I set out to do two things: first, I provide an overview of the writ’s history in the United States and explain its connection to federalism and unlawful executive detention. I then set out to bridge the two meanings of habeas corpus. Second, then ...


Codifying A Sharia-Based Criminal Law In Developing Muslim Countries, Paul H. Robinson 2019 University of Pennsylvania Law School

Codifying A Sharia-Based Criminal Law In Developing Muslim Countries, Paul H. Robinson

Faculty Scholarship at Penn Law

This paper reproduces presentations made at the University of Tehran in March 2019 as part of the opening and closing remarks for a Conference on Criminal Law Development in Muslim-Majority Countries. The opening remarks discuss the challenges of codifying a Shari’a-based criminal code, drawing primarily from the experiences of Professor Robinson in directing codification projects in Somalia and the Maldives. The closing remarks apply many of those lessons to the situation currently existing in Iran. Included is a discussion of the implications for Muslim countries of Robinson’s social psychology work on the power of social influence and internalized ...


Integrant Of Incontinence: ​Towards A Classification Of Ephebophile Abusers Within The Clerical Abusers In The United States, Conor Coutts 2019 Carroll College

Integrant Of Incontinence: ​Towards A Classification Of Ephebophile Abusers Within The Clerical Abusers In The United States, Conor Coutts

History Undergraduate Theses

For the last five decades, child sexual abuse by Roman Catholic clergy has been a moral, pastoral, and institutional stain on the Church in the United States. From 1950 to present, over 15,000 formal reports of abuse have been made, implicating over 6,000 priests.1 Moreover, the subsequent financial costs to Dioceses have been substantial, with payouts totaling more than $3 billion dollars and at least 20 dioceses declaring bankruptcy.2 Yet, the foremost consequences of such abuse culminate in a range of sequelae for abuse survivors, whose faith, trust, identity, and self-regard have been gravely wounded. Though ...


"Full Of Internal Contradictions": A Neutral Case For The Invalidation Of The Death Penalty, Carson A. Whitehurst 2019 William & Mary

"Full Of Internal Contradictions": A Neutral Case For The Invalidation Of The Death Penalty, Carson A. Whitehurst

Undergraduate Honors Theses

A neutral evaluation of the modern death penalty, a fundamentally flawed institution, necessitates its invalidation. I analyze 428 death sentences and their appellate outcomes from Virginia, Texas, California, Pennsylvania, Colorado, and Wyoming, states which represent the gamut of capital punishment regimes in the United States. Employing a legal framework derived from the work of Justice Antonin Scalia—a lifelong and staunch supporter of the death penalty—I argue that the harmonious-reading canon and irreconcilability canons offer a neutral means for ending the American death penalty, and one which would be appropriate given the politicization of what is an irreversible punishment.


Criminal Justice 225: Issues In Criminal Justice Final Project Instructions Spring 2019, Shannon Bridges 2019 Parkland College

Criminal Justice 225: Issues In Criminal Justice Final Project Instructions Spring 2019, Shannon Bridges

Global Studies Initiatives in Social Sciences 2018 - 2019

This final project for Criminal Justice 225 instructs students to analyze the criminal justice system in the European country of their choice and create a press release from the perspective of the head administrator for the criminal justice organization of that country on a provided crime scenario. This project was created as part of the 2018-2019 Global Studies Initiatives in Social Sciences Grant at Parkland College.


Criminal Justice 225: Issues In Criminal Justice Syllabus Spring 2019, Shannon Bridges 2019 Parkland College

Criminal Justice 225: Issues In Criminal Justice Syllabus Spring 2019, Shannon Bridges

Global Studies Initiatives in Social Sciences 2018 - 2019

This is a sample syllabus for Criminal Justice 225 submitted as part of the Global Studies Initiatives in Social Sciences Grant at Parkland College for the 2018-2019 academic year. Highlights indicate changes and additions made that incorporate global studies into the curriculum.


Ted Bundy: The Development Of A Serial Murderer, Danielle Rakestraw, Brad Cameron 2019 Pittsburg State University

Ted Bundy: The Development Of A Serial Murderer, Danielle Rakestraw, Brad Cameron

Posters

Who is Ted Bundy, and why did he commit the crimes that he did? This study was devised to assess the life of Ted Bundy, one of the most prolific murderers in the United States. This secondary research study was conduct­ed using interviews from Bundy, biopsychosocial analyses conducted of him post-arrest, testimonials from people who knew him, and research regarding serial killer typologies and motivations. This information has been com­plied in the form of a poster board presentation, complete with the researcher’s own biopsychosocial assessment of Bundy, an analysis of the motivations for his crimes, and a ...


Global Studies Initiative Final Report: Criminal Justice 225: Issues In Criminal Justice, Shannon Bridges 2019 Parkland College

Global Studies Initiative Final Report: Criminal Justice 225: Issues In Criminal Justice, Shannon Bridges

Global Studies Initiatives in Social Sciences 2018 - 2019

In this project report for the Global Studies Initiative at Parkland College, the instructor of Criminal Justice 225: Issues in Criminal Justice describes how information on criminal justice in European countries was integrated into the course curriculum and reflects on whether it enhanced the class and improved students' global awareness.


Prosecutorial Discretion: The Difficulty And Necessity Of Public Inquiry, Bruce A. Green 2019 Penn State Dickinson Law

Prosecutorial Discretion: The Difficulty And Necessity Of Public Inquiry, Bruce A. Green

Dickinson Law Review

Prosecutors’ discretionary decisions have enormous impact on individuals and communities. Often, prosecutors exercise their vast power and discretion in questionable ways. This Article argues that, to encourage prosecutors to use their power wisely and not abusively, there is a need for more informed public discussion of prosecutorial discretion, particularly with regard to prosecutors’ discretionary decisions about whether to bring criminal charges and which charges to bring. But the Article also highlights two reasons why informed public discussion is difficult—first, because public and professional expectations about how prosecutors should use their power are vague; and, second, because, particularly in individual ...


The Impact Of Prosecutorial Misconduct, Overreach, And Misuse Of Discretion On Gender Violence Victims, Leigh Goodmark 2019 Penn State Dickinson Law

The Impact Of Prosecutorial Misconduct, Overreach, And Misuse Of Discretion On Gender Violence Victims, Leigh Goodmark

Dickinson Law Review

Prosecutors are failing victims of gender violence as witnesses and when they become defendants in cases related to their own victimization. But it is questionable whether that behavior should be labeled misconduct. The vast majority of these behaviors range from misuses of discretion to things that some might consider best practices in handling gender violence cases. Nonetheless, prosecutors not only fail to use their discretion appropriately in gender violence cases, but they take affirmative action that does tremendous harm in the name of saving victims and protecting the public. The destructive interactions prosecutors have with victims of gender violence are ...


Prosecutorial Misconduct: Mass Gang Indictments And Inflammatory Statements, K. Babe Howell 2019 Penn State Dickinson Law

Prosecutorial Misconduct: Mass Gang Indictments And Inflammatory Statements, K. Babe Howell

Dickinson Law Review

This Article examines inflammatory statements by prosecutors in the context of mass gang indictments. I contend that inflammatory remarks not only harm the justice system and defendants, particularly minorities, but also that, when prosecutors craft and repeat hyperbolic narratives about vicious gang wars, prosecutors may come to believe the narratives and become effectively blinded to the fact that these narratives are improper, unfair, and untrue. First, I review the professional rules, standards, and case law that prohibit. Then, drawing on press releases and trial transcripts from two mass gang indictments in New York City, I demonstrate how prosecution statements exaggerate ...


Decarcerating America: The Opportunistic Overlap Between Theory And (Mainly State) Sentencing Practice As A Pathway To Meaningful Reform, Mirko Bagaric, Daniel McCord 2019 Criminal Justice and Sentencing Project, Swinburne University

Decarcerating America: The Opportunistic Overlap Between Theory And (Mainly State) Sentencing Practice As A Pathway To Meaningful Reform, Mirko Bagaric, Daniel Mccord

Buffalo Law Review

Criminals engender no community sympathy and have no political capital. This is part of the reason that the United States has the highest prison population on earth, and by a considerable margin. Incarceration levels grew four-fold over the past forty years. Despite this, America is now experiencing an unprecedented phenomenon whereby many states are now simultaneously implementing measures to reduce prison numbers. The unusual aspect of this is that the response is neither coordinated nor consistent in its approach, but the movement is unmistakable. This ground up approach to reducing prison numbers suffers from the misgiving that it is an ...


Crafted From Whole Cloth: Reverse Stash-House Stings And The Sentencing Factor Manipulation Claim, Molly F. Spakowski 2019 Buffalo Law Review

Crafted From Whole Cloth: Reverse Stash-House Stings And The Sentencing Factor Manipulation Claim, Molly F. Spakowski

Buffalo Law Review

Kenneth Flowers is currently serving a mandatory minimum sentence of 120 months imprisonment stemming from a conviction of conspiracy to possess with intent to distribute five or more kilograms of cocaine. While the ten-year prison sentence is very real, the five-kilograms of cocaine is not, and never was. Mr. Flowers was caught-up in one of the elaborate and overused “reverse stash-house sting” operations employed by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”).

Mr. Flowers’ story is one of many similar cases resulting from the government operation conducted by the ATF known as a reverse stash-house sting operation. The ...


Connecting The Dots For Missing And Runaway Children, Tayla Moore 2019 Merrimack College

Connecting The Dots For Missing And Runaway Children, Tayla Moore

Criminology Student Work

With the general public’s help, the amount of time a youth is missing may lessen greatly. Bringing a youth home as soon as possible would decrease the chances of a youth encountering danger or traumatic events which could lead to emotional and mental struggles in their future. Moreover, focusing on America’s ability to rehabilitate youth who have run away and become subject to trauma is very important to creating safer communities; runaway or traumatized youth are at greater risk of chronic criminal involvement, so reducing this trauma may decrease mass incarceration and/or recidivism rates throughout the United ...


No Soldier Left Behind: A Comprehensive Analysis Of Veterans’ Treatment Courts, Stephen Ramunno 2019 Merrimack College

No Soldier Left Behind: A Comprehensive Analysis Of Veterans’ Treatment Courts, Stephen Ramunno

Criminology Student Work

Veterans’ Treatment Courts (VTCs) focus on rehabilitation, rather than incarceration, to address underlying causes of criminal behavior among veterans. Some criminal behavior in this population arises from substance abuse, traumatic brain injury (TBI), post-traumatic stress disorder (PTSD), and other mental health concerns (Justice for Vets, 2018). In order to determine the effectiveness of VTCs and the services provided, an in-depth and systematic analysis is crucial. In this research, a systematic approach was employed to analyze the current VTC process, participants selected, and recidivism rates among those who complete the sanctioned requirements. Following an adapted meta-analysis framework, evaluations of VTCs were ...


Reading Between The Lines: An Intersectional Media Analysis Of Female Sex Offenders In Florida Newspapers, Toniqua C. Mikell 2019 University of South Carolina

Reading Between The Lines: An Intersectional Media Analysis Of Female Sex Offenders In Florida Newspapers, Toniqua C. Mikell

Theses and Dissertations

The media is one of the furthest reaching social institutions of our society. It is a source of white patriarchal ideologies and a vehicle through which they are communicated. Female sex offenders represent a nexus of prescribed social and legal violations. This dissertation examines the reinforcement of patriarchal ideas in media coverage of female sex offenders by posing the question: how are female sex offenders portrayed in the media? Specifically, how are those portrayals racialized? Using an intersectional lens, this study employs a qualitative content analysis to examine the top five circulating newspapers in Florida and their coverage of female ...


Disparities In Sentencing: The Impact Of Race, Gender And Mental Health, Briana Paige 2019 Old Dominion University

Disparities In Sentencing: The Impact Of Race, Gender And Mental Health, Briana Paige

Sociology & Criminal Justice Theses & Dissertations

The purpose of this study is to examine the effect that race and mental health play on sentence length in the United States. Mentally ill people are gradually being confined in prisons across the United States and there is an absence of literature that looks at the interaction of race and mental health in regards to sentencing. The focal concerns perspective provides the theoretical framework that guides this study. Multiple linear regressions were used to examine both state and federal prison inmates to examine the effect race, mental health and other extra-legal factors play on sentence length. Results show that ...


Involuntary Vs. Voluntary Care: The Mental Health Debate, Margaret DeParde 2019 Merrimack College

Involuntary Vs. Voluntary Care: The Mental Health Debate, Margaret Deparde

Honors Program Contracts

No abstract provided.


Acculturation: Friend Or Foe Of The Career Aspirations And Educational Aspirations And Expectations Of Hispanic Youth?, Kyhara Nathalia Aguilera 2019 Old Dominion University

Acculturation: Friend Or Foe Of The Career Aspirations And Educational Aspirations And Expectations Of Hispanic Youth?, Kyhara Nathalia Aguilera

Sociology & Criminal Justice Theses & Dissertations

The modern American Dream says that anyone can be successful if they obtain higher education. Unfortunately, this system does not always meet the needs of our increasingly diverse society. Hispanic immigrant students face a hardship in pursuit of their education and career aspirations because many of them experience acculturation related stresses. This study seeks to investigate the role that acculturation plays in the career aspirations and educational aspirations and expectations of Hispanic students. I go beyond the current literature by exploring how acculturation is a significant factor in determining educational and career aspirations. Specifically, I examine whether different levels of ...


On-Duty Police Shootings: Officers Charged With Murder Or Manslaughter 2005-2018, Philip M. Stinson, Chloe A. Wentzlof, Megan L. Swinehart 2019 Bowling Green State University

On-Duty Police Shootings: Officers Charged With Murder Or Manslaughter 2005-2018, Philip M. Stinson, Chloe A. Wentzlof, Megan L. Swinehart

Criminal Justice Faculty Publications

There were 97 nonfederal sworn law enforcement officers with the general powers of arrest (e.g., police officers, deputy sheriffs, state troopers) arrested in years 2005-2018 for murder or manslaughter resulting from an on-duty shooting where the officer shot and killed someone at incidents throughout the United States. Of those 97 officers, to date, only 35 have been convicted of a crime resulting from the on-duty shooting. This poster presents data on the arrested officers, criminal case dispositions, race of arrested officers and their victims, weapons possessed by victims who were shot and killed by police, and related variables.


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