CJ for Students

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Other Resources on the Net

Other resources will be added here as I gather them

 

Legal Issues

Each article on this page was pulled from sites that specialize in peer reviewed documents. These sites included Capella University’s online library, Sage Publications, Proquest, EBSCO, ERICS, as well as numerous others.

Each document has been thoroughly scanned personally for viruses, Trojans, or macros and is clean and safe for download. These documents are in Adobe PDF or Word format.

 

4th Amendment to us constitution in relation to a terry stop (police search) - Retrieved 2010

Title self explanatory...

 

 

Fusion_center_guidelines developing and sharing information and intelligence in a new era - Dept of homeland security 2009

"The U.S. Department of Justice (DOJ) and the U.S. Department
of Homeland Security (DHS) collaborated in the development
of these fusion center guidelines. The intent of the partnership
is to provide a consistent, unified message and to provide a
comprehensive set of guidelines for developing and operating a
fusion center within a state or region."

 

 

An end game to sex predator laws - Janus-Bolin 2008

"Sexually Violent Predator (SVP) laws allow the state to deprive persons of their physical liberty using civil commitment, avoiding the tightly bounded, constitutionally circumscribed tools of criminal law. As such, they inhabit an area close to the boundary of criminal and civil justice—and of constitutionality."

 

 

Criminal Justice Federalism and National Sex Offender Policy - Logan 2008

"The extent this assessment is accurate, it poses special difficulty for a federalist system such as ours, which reposes main police power authority in the states, not the national government, and has traditionally favored a decentralized approach to governance. In recent decades, however, nationalism has largely trumped federalism concerns, as Congress and the President have federalized a broad range of criminal misconduct previously the exclusive province of states. The effort, as students of the field are well aware, has inspired extensive critical commentary and two recent Supreme Court decisions overturning federal laws."

 

 

Law, society, and capital punishment in Asia - Zimring et al 2008

"Students of capital punishment need to study Asia, the site of at least 85 percent and as many as 95 percent of the world’s executions. This article explores the varieties of Asian capital punishment in two complementary ways. Cross-sectionally, and Temporally."

 

 

The ID Divide addressing the challenges of identification and authentication in american society - Swire et al 2008

"How individuals identify themselves in our country grows more complex by the year. Just last month, 12 nuns were turned away from voting booths during the Indiana presidential primary because they lacked state identification (none of them drives), a stark reminder that the recent Supreme Court ruling that upheld Indiana’s voter ID law poses lasting consequences to our democracy. And two years ago last month the personal data of 26.5 million veterans were lost from a government laptop, the latest in a series of data breaches that threaten the integrity of everyone’s identification."

 

 

Training police leadership to recognize and address operational stress - Chapin et al - 2008

"A community-based agency developed training for Cleveland Police Department Lieutenants and Supervisory Sergeants. This training adapted current methods used by the U.S. Army to deal with military combat stress. Police leaders were trained to recognize signs of operational stress in their line officers and provide “Leader Actions” to minimize long-term sequelae of operational stress, such as post traumatic stress disorder, absenteeism, resignation, and misconduct. Laminated pocket cards were provided which summarized warning signs of operational stress, self-care and partner-care actions, and leader strategies to treat early signs of operational stress...."

 

 

A comparitive view of the law of interrogation - Ma 2007

"Forty years ago, when the U.S. Supreme Court fashioned the Miranda procedure to safeguard the rights of suspects subject to police interrogation, the procedure and its exclusionary remedy were considered an American novelty. Few countries then required the police to issue preinterrogation warnings, and it was rare for courts to exclude confessions on the grounds of procedural violations. The past forty years have seen significant changes in the criminal justice landscape on the world scene. Today, the concept of preinterrogation warnings is widely accepted, and failure to issue the required warnings in many countries constitutes a ground for exclusion. This article explores the development in the law of interrogation in England, Canada, France, Germany, Russia, and China. The American Miranda procedure is used as a reference point to highlight the similarities and differences between American and other countries’ practices."

 

 

A profile of a pedofilia definition, characteristics of offenders, treatment outcomes, and foresic issues - Hall et al 2007

"Pedophilia has become a topic of Increased Interest, awareness,
and concern for both the medical community and the public at large. Increased media exposure, new sexual offender disclosure laws, Web sttes that list the names and addresses of convicted sexual offenders, politicians taking a "get tough" stance on sexual offenders, and Increased Investigations of sexual acts with children have Increased public awareness about pedophilia. Because of this Increased awareness, It is Important for physicians to understand pedophilia, Its rate of occurrence, and the characteristics of pedophiles and sexually abused children. In this artlcle, we address research that defines the various types and categories of pedophilia, review available federal data on child molestation and pornography, and briefly discuss the theories on what makes an Individual develop a sexual orientation toward children. This article also examines how researchers determine If someone Is a pedophile, potential treatments for pedophiles and
sexually abused children, the risk of additional sexual offenses,
the effect of mandatory reporting laws on both physicians and
pedophiles, and limitations of the current pedophilic literature."

 

 

Beyond legalism towards a thicker understanding of transitional justice - McEnvoy 2007

"The field of transitional justice is increasingly charachterized by the dominance of legalism to the detriment of both scholorship and practice. The first part of the paper examines what is meant by legalism and its consequences in the field through a number of over-lapping themes."

 

 

Intelligence led policing as a framework for responding to terrorism - McGarrell et al - 2007

"Leading police associations in the United States and the United Kingdom have advocated that law enforcement adopt an intelligence-led policing model (ILP). Much like the situation with community policing, there does not appear to be a commonly accepted definition of ILP nor of the practical implications for police agencies' mission, structure,
and processes. This article presents a model of ILP that builds on community policing, problem solving, and continuous improvement business models that have been adopted by police departments. Examples of these practices are reviewed as a method of illustrating
the promise of an ILP approach."

 

 

No Easy Answers Sex Offender Laws in the US - Carey 2007

"What happened to nine-year-old Jessica Lunsford is every parent’s worst nightmare. In February 2005 she was abducted from her home in Florida, raped, and buried alive by a stranger, a next-door neighbor who had been twice convicted of molesting children. Over the past decade, several horrific crimes like Jessica’s murder have captured massive media attention and fueled widespread fears that children are at high risk of assault by repeat sex offenders. Politicians have responded with a series of laws, including the sex offender registration, community notification, and residency restriction laws that are the subject of this report."

 

 

The influence of sex offender registration and notification laws in the united states - Walker et al 2007

"This paper explores the impact of sex offender policies by examining sex offenses through time series analysis. Using monthly count data of rapes aggregated at the state level, this analysis uses Box-Jenkins autoregressive integrated moving average (ARIMA) models to conduct ten separate intervention analyses on the enforcement of Megan’s
Law. The results of the interrupted time series analyses are mixed with regard to whether the enforcement of sex offender registration had a statistically significant effect on the number of rapes reported at the state level. Although several states showed a nonsignificant
increase in the number of rapes, only three states had a significant effect on decreasing the number of rapes. Policy implications of this research are discussed in terms of the efficacy of sex offender registration and whether changes in these laws should be considered."

 

 

The supreme court and morality policy adoption in the american states - Patton 2007

"Morality policy studies are generally constructed around the theoretical perspective of democratic responsiveness, whereby such factors such as religious affiliation of citizens, public opinion, and partisanship affect opinion. The author expands morality policy theory to include the U.S. Supreme Court"

 

 

US v DANIEL KUUALOHA AUKAI - (search at an airport) - U.S. Supreme Court 2007

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 04-10226 Plaintiff-Appellee,
v. D.C. No. CR-03-00062-1-HG
DANIEL KUUALOHA AUKAI, OPINION Defendant-Appellant.
Appeal from the United States District Court
for the District of Hawaii
Helen Gillmor, District Judge, Presiding
Argued and Submitted En Banc
March 21, 2007—San Francisco, California
Filed August 10, 2007

 

 

Distrust of government the vigilante tradition and support for capital punishment - Messner et al 2006

"This study probes the interconnections among distrust in government, the historical context, and public support for the death penalty in the United States with survey data for area-identified samples of white and black respondents."

 

 

Prosecuting judges for ethical violations are criminal sanctions constitutional and prudent or do they constitute a threat to judicial indepenence - Abramovsky et al 2006

"History by dismissing eight counts of an indictment against lhenJustice
Gerald Garson. In six of these counts, Justice Garson was
accused of receiving reward for official misconduct under Section
200.25 of the New York Penal Law, in that he allegedly obtained or
agreed to obtain a benefit in return for violating his dUly as a public
servant. This is hardly an unusual charge to be leveled against
an allegedly corrupt public official, but in Justice Garson's case, the
"duty" he was accused of violating was based purely upon the New
York State Code of Judicial Ethics. Specifically, it was alleged that
Justice Garson acted criminally by conducting improper ex parle
communications and by accepting fees for referring unrelated cases
to a private attorney."

 

 

The liberty to argue freely 19th century obscenity prosecutions and the emergence of modern libertarian free speech discourse - Cronin 2006

"This research examines the prosecutions of four noted libertarians: free love advocate Ezra Heywood, Dr. Edward Bond Foote, a well known new york physician and medical publisher, Derobigne M. Bennett and Moses Harmon for broad first amendment protection for all citizenswhich ensued from their arrests and prosecutions."

 

 

USA_Patriot Improvement and Reauthorization Act 2005 - PUBLIC LAW 109–177—MAR. 9, 2006

"An Act to extend and modify authorities needed to combat terrorism, and for other purposes."

 

 

Accountability - McDonald 2005

"The development of accountability in American law enforcement is intertwined with the evolution of individual rights, personal freedoms, and internal and external drives for police professionalism. Webster’s defines accountability as “subject to the obligation to report, explain, or justify actions.” Throughout much of history, outside of the United
States, police have been accountable to the heads of nation-states whether the authority figure was a king (Hammarabi); a monarch (King John of England); or a dictator (Napoleon, Stalin, Hitler)."

 

 

Capital Punishment - Sharp 2005

"Capital punishment refers to the use of the death penalty as punishment for certain crimes. In America, almost 20,000 persons have been legally put to death since colonial times, with most of the executions occurring in the 19th and 20th centuries. In recent years, opposition to the death penalty has become more vocal in many states, leading some criminologists to predict its eventual demise."

 

 

Classification without validity or equity an empirical exam of the custody rating scale for federally sentenced women offenders in Canada - Webster and Doob 2005

"In order to fulfil its legal mandate to assign an initial stwrity classification of minimum, medium, or maximum to all federally sentenced women offenders, the Correctional Service ofCanada (eSC) lias used the Custody Rating Scale (CRS) - an objective statistical tool -for more than a decade. Despite CSC's mlmerOIiS claims of this tool's validity and the equity of its outcomes, it has been repeatedly suggested flrat the CRS misdassijies women in general, and
Aboriginal women in particular. This article extends the (tlleoretical) debate surrounding the applicability of the CRS for these two sUb-groups of tile inmate population. Using actl/al findings published by CSC, this article empirically demonstrates tllat the overall scale, one ofits two sub-scales, and many of the individual items making up the classification tool/wve weak or no predictive validity for Aboriginal and/or Aboriginal women."

 

 

Regulating judges political activity after White-Issues Facing the Judiciary - Weiser 2005

"In Republican Party of Minnesota v. White,l the Supreme Court
struck down, on First Amendment grounds, a canon of Minnesota's
Code of Judicial Conduct prohibiting candidates for judicial office
from announcing their views on disputed issues. In doing so, it
called into question the constitutionality of many of the rules that
govern campaigns for judicial office in the thirty-nine states that
elect at least some of their judges. These rules, modeled after
Canon 5 of the American Bar Association's ("ABA") Model Code of
Judicial Conduct,2 and adopted in some form in virtually every
state, have long served as one of the primary means by which states
seek to ensure the distinct characters and constitutional roles of
their judicial branches."

 

 

Can we roast the pig without burning down the house in regulating virtual child pronography - kennedy 2004

"The First Amendment’s1 guarantee of free speech is not limitless.
The Supreme Court has carved out a number of categories of expression that do not receive its protection. Child pornography is one of these categories of expression and may be lawfully prohibited. Despite its prohibited status the creation and distribution of child pornography continues to be a growing national problem.5 The adverse effect it has on society is without doubt."

 

 

Criminal law and criminology - A survey of recent books - Ferrall 2004

"While gun control is often treated as a simple yes/no issue, the debate has become highly polarized. The essays collected here examine nuances in the different types and possible degrees of gun control. Important developments over the past forty years include: development of academic research expertise in the historic and current empirics and statistics of gun ownership and use (including empirical research offered
to support the position that gun ownership by law-abiding citizens reduces crime); debate about the meaning of and history behind the Second Amendment; required prepurchase background checks; offender-targeted legislation, such as enhancement penalties; aggressive social control initiatives related to illegal gun ownership; and negligence and public nuisance suits against gun manufacturers."

 

 

Fairness responsibility and self defense - Segev 2004

"There is (almost) a consensus that self-defense is justified in some paradigm situations, but a substantial disagreement regarding the nature of this justification. The paper suggests a justification for self-defense which is based on a general thesis regarding the proper resolution of interpersonal conflicts. This thesis includes two basic ideas. First, individual well-being is the fundamental value. Second, interpersonal conflicts of well-being should be resolved in light of
two conceptions of fairness, one of which considers the responsibility of persons for interpersonal conflicts as a morally significant factor. These ideas are elaborated in several principles that guide the resolution of interpersonal conflicts. The paper applies this thesis with respect to the justification of self-defense, explores its implications and compares it to other proposed justifications for self-defense."

 

 

Lineups showups and photographic spreads legal and practical aspects regarding id procedures and testimony - Wasberg 2004

"This article discusses legal and practical matters related to identification of a suspect by means of a lineup, showup or photographic spread. A “lineup” is a physical presentation of a group of people of similar appearance, including the suspect, from which a witness attempts to pick the perpetrator of the crime."

 

 

Addressing concerns about americas drug courts - Hutlock 2003

"Drug treatment courts began in the late 1980s as an alternative to traditional criminal justice prosecution [oedrug-related offenses and
as a way to temper the huge amount of drug cases crowding the country's courts, jails, and prisons. Yet despite the documented successes of drug courts and their nearly universal popularity
among politicians of all ideologies, some critics remain unconvinced of their effectiveness. Are drug coucts too good to be true?"

 

 

The judge over your shoulder is adversarial legalism exceptionally american - Epp 2003

"Robert Kagan’s new book explores one of the fundamental issues in
modern democracies: how to organize the policy process so as to best balance the fundamentally competing values of accountability, efficiency, and individual fairness. In essence, he argues that the American solution, with its emphasis on procedural protections, seems at first glance to emphasize individual fairness at some cost to accountability and efficiency, but actually ill serves not only accountability and efficiency but also individual fairness. He likens American-style legal and administrative justice to a major league
baseball star who hits smashing home runs but bungles routine plays, and whose salary is so high that most ordinary people can’t afford to get into the ballpark."

 

 

A guide for applying information tech in law enforcement - DOJ Boyd 2001

"The Law Enforcement and Corrections Standards and Testing Program is sponsored by the Office of Science and Technology of the National Institute of Justice (NIJ), U.S. Department of Justice. The program
responds to the mandate of the Justice System Improvement Act of 1979, which directed NIJ to encourage research and development to improve the criminal justice system and to disseminate the results to Federal, State, and local agencies."

 

 

Patriot Act of 2001 - Public law 107-56-OCT 26 - 2001

"To deter and punish terrorist acts in the United States and around the world, to enhance law enforcement investigatory tools, and for other purposes."

 

 

The people of New York vs Franco - false identification 2001

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF THE BRONX, PART 49
____________________________________
THE PEOPLE OF THE STATE OF NEW YORK
-against-
NOTICE OF MOTION
LEO FRANCO Ind. No. 903/01
Defendant


 

Chinas_Criminal_Justice_System - Belkin 2000

On January 7, 2000, I left the United States for Beijing to begin
three months of exchange with Chinese prosecutors about their criminal
justice system and ours. As luck would have it, on the very day I left for
China, the New York Times carried a front page headline about the
Chinese criminal justice system entitled "In China's Legal Evolution, It's
the Lawyers Who are Handcuffed." The article described a Chinese
defense attorney who, as a result of not much more than mounting a
vigorous defense on behalf of his client, found himself in jail on criminal
charges of obstruction of justice. The headline suggested that, despite its boasts of legal reform, China was still a repressive regime that punished vigorous advocacy by lawyers on behalf of their clients. Rather than taking the appearance of the article as some form of omen, I saw it as framing a question that would come back to me over and over again while I was in China. Are China's efforts at legal reform real or are they illusory?"

 

 

Community Justice a conceptual framework - Karp and Clear 2000

"Community justice broadly refers to all variants of crime prevention and justice activities that explicitly include the community in their processes and set the enhancement of community quality of life as a goal. Recent initiatives include community crime prevention, community policing, community defense, community prosecution, community courts, and restorative justice sanctioning systems. These approaches share a common core in that they address community-level outcomes by focusing on shortand long-term problem solving, restoring victims and communities, strengthening normative standards, and effectively reintegrating offenders. In this chapter, we begin with a discussion of the broadest purpose of the model, the “community justice ideal,” and describe recent innovations in policing, adjudication, and corrections. We then describe five core elements of community justice that distinguish it from traditional criminal justice practices. In “Principles of Community Justice,” we outline the philosophy of community justice by describing seven basic principles and how they are illustrated in some recent initiatives."

 

 

Sentencing federal sex offenders protection of children from sexual predators act of 1998 - Montgomery et al 2000

"The Sexual Predators Act Policy Team (the team) is the latest in a series of Commission working groups charged with analyzing the guidelines concerning sex offenses against children. The team was chartered to assist the Commission in developing possible
responses to the Protection of Children from Sexual Predators Act of 1998, Pub. L. 105-314 (“the Act”). This Act contains both specific and general directives to the Commission to review relevant guidelines and, upon completion of the review, provide appropriate enhancements and otherwise increase penalties in certain circumstances, while ensuring
“reasonable consistency” among the guidelines and avoiding “duplicative punishment.”

 

 

State of Connecticut v Orindel Kidd - Spear Hennessy and Shea 2000

STATE OF CONNECTICUT v. ORINDEL KIDD
(AC 18593)
Spear, Hennessy and Shea, Js.
Argued January 14—officially released August 29, 2000
Counsel
Frank P. Cannatelli, for the appellant (defendant).
Rita M. Shair, assistant state’s attorney, with whom,
on the brief, were Michael Dearington, state’s attorney,
and Maxine Wilensky, senior assistant state’s attorney,
for the appellee (state).

 

 

Law enforcement information on drug related police corruption - GAO 1998

"Recent police corruption cases in several cities, including New York,
Chicago, and Philadelphia, highlight the association of police corruption
with illegal drug activities. You asked us to study the impact of drug
trafficking on the corruption of police in large cities that have a high
incidence of drug trafficking and drug abuse. As agreed with your office, in conducting our preliminary work, we sought to identify commission
reports and research studies on drug-related corruption in city police
departments, as well as to identify relevant databases and other pertinent information."

 

 

The death penalty - Zaner 1998

"Fewer and fewer crimes are punishable by death even in countries where execution is legal, and crimes that are widely considered to be extremely serious, such as murder, often lead to prison sentences rather than capital punishment. In 1991, offenses under the laws of over ninety countries carried a penalty of death. In eighty-five, execution was illegal or had ceased to be imposed. These included virtually all of the nations of western Europe, as well as Canada,
Australia, Hungary, and Czechoslovakia. In the United States, in addition to military and federal jurisdictions, thirty-six states impose the death penalty. Not all of these states do so regularly, however; and in those where capital punishment has become routine, it is sometimes a relatively new development."

 

 

The malice rule why canada rejected the U.S. approach to libel - hughes 1998

"This article is a comparative study ofCanadian and American libel law. The focus is Hill v. Church of Scientology of Toronto, a 1995 Supreme Court of Canada decision that specifically rejected the argument that Canada should adopt the standard established by the United States Supreme Court for deciding libel cases brought by public officials, i.e., the"actual malice" rule, as set forth in New York Times Co. v. Sullivan. The reasoning of Hill v. Church of Scientology is compared and contrasted to that in New York Times and its progeny. The Canadian court's rationale, which drew from the works ofAmerican critics ofactual malice, contributes a new perspective to the libel reform discussion in the United States. As this article notes, Canadian courts put greater emphasis on protecting reputation than on the press' free speech.
This approach deserves close attention by American legal scholars."

 

 

Current information on the scope and nature of child sexual abuse in 1994 - Finkelhor 1994

"Approximately 150,000 confirmed cases of child sexual abuse were reported to child welfare authorities in the United States during 1993. This number represents about 15% of the more than one million confirmed cases of all child abuse and neglect. But the true scope of this problem is better reflected in retrospective surveys of adults, and this article summarizes data from 19 of these surveys. Considerable evidence exists to show that at least 20% of American women and 5% to 10% of American men experienced some form of sexual abuse as children. The rates are somewhat lower among people born before World War II, but there is little evidence of a dramatic increase for recent generations. The studies provide little evidence that race or
socioeconomic circumstances are major risk factors. They do show elevated risk for children who experienced parental inadequacy, unavailability, conflict, harsh punishment, and emotional deprivation."

 

 

Court delay policy implications for court managers - Mays et al 1986

"One of the most persistent policy issues for the courts has been the reduction of delay in case processing. Since the advent of state court administration in the 1930’s, most major reform efforts have stressed making the courts more manageable and, in the process, expediting the flow of cases through the judiciary. Although the maxim "justice delayed is justice denied" has often been repeated in the literature on court reform, most of the focus has been on judges and attorneys as causes or cures of delay. This article examines delay as a mangement problem and focuses on the administrative role of court managers in improving case processing time. In this regard, the study reports the views and attitudes of court managers on the issue of delay as reported in a
recent national survey."