...Running Head: Effectiveness of Juvenile Correctional Facilities Effectiveness of Juvenile Correctional Facilities: Juvenile Crime Kalah Jiggetts Criminal Justice Abstract This paper uses data on juvenile offenders released from correctional facilities in Florida to explore the effects of facility management type (private for-profit, private nonprofit, public state-operated, and public county-operated) on recidivism outcomes and costs. The data provide detailed information on individual characteristics, criminal and correctional histories, judge-assigned restrictiveness levels, and home zip codes—allowing us to control for the non-random assignment of individuals to facilities far better than any previous study. Relative to all other management types, for-profit management leads to a statistically significant increase in recidivism, but, relative to nonprofit and state-operated facilities, for-profit facilities operate at a lower cost to the government per comparable individual released. Cost- benefit analysis implies that the short-run savings offered by for-profit over nonprofit management are negated in the long run due to increased recidivism rates, even if one measures the benefits of reducing criminal activity as only the avoided costs of additional confinement. Since its beginnings in the mid-1980s, prison privatization in the United States has provoked several rounds of congressional hearings and hundreds of articles...
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...Departments - Independent (article I courts) - Other (mistretta, sentencing guideline commission, etc.) Presidential power - Removal (Meyers, Humphreys) Separation of powers - Mistretta at pg. 19 Non-delegation - J.W. Hampton, Mistretta at 15. APA design; three functions of agencies: 1. make rules 2. adjudicate 3. gather information There are not very many legal issues with information gathering, so the class will not focus on it. Rule making and adjudication is done formally and informally | |Rule Making |Adjudication | |Formal |§ 553 |§ 554 | |Informal |§ 553 |§ 554 | Rulemaking = making little laws. Same effect as anything congress passes. Adjudication = making an order Introduction to Administrative Law - F&S pp. 1-22 The Administrative Procedure Act - Act, Chart and Sample Rule The Grouper Handout and the APA §553 §553 doesn’t say where the rule comes from (i.e. employee of the U.S. or anything), but does say publish in the federal register. §553(b) §553(b)(1) - time/place/etc/nature. The grouper rule - March 4, 1992, to the mailroom, by mail = time, place, nature. Does this constitute a “hearing”? Its called a paper hearing and satisfies §553. §553(b)(2) - authority. Grouper - Magnuson Fishery . . Act. Note, they cite...
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...MHS;1 Edina Avdic, PharmD, MBA;2 Sean Berenholtz, MD, MHS;3,4 Elizabeth Daugherty, MD, MPH;5 Eric Hadhazy, MS;1 Pamela A. Lipsett, MD, MHPE;3,4 Lisa L. Maragakis, MD, MPH;1 Trish M. Perl, MD, MSc;1 Kathleen Speck, MPH;3 Sandra M. Swoboda, RN, MS;3 Wendy Ziai, MD;3,6 Sara E. Cosgrove, MD, MS1 objective. Diagnosing ventilator-associated pneumonia (VAP) is difficult, and misdiagnosis can lead to unnecessary and prolonged antibiotic treatment. We sought to quantify and characterize unjustified antimicrobial use for VAP and identify risk factors for continuation of antibiotics in patients without VAP after 3 days. methods. Patients suspected of having VAP were identified in 6 adult intensive care units (ICUs) over 1 year. A multidisciplinary adjudication committee determined whether the ICU team’s VAP diagnosis and therapy were justified, using clinical, microbiologic, and radiographic data at diagnosis and on day 3. Outcomes included the proportion of VAP events misdiagnosed as and treated for VAP on days 1 and 3 and risk factors for the continuation of antibiotics in patients without VAP after day 3. results. Two hundred thirty-one events were identified as possible VAP by the ICUs. On day 1, 135 (58.4%) of them were determined to not have VAP by the committee. Antibiotics were continued for 120 (76%) of 158 events without VAP on day 3. After adjusting for acute physiology and chronic health evaluation II score and requiring vasopressors on day 1, sputum culture collection on day 3 was...
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...adolescents still have plenty of time to get counseling or learn about themselves and why they acted the way they did, there is always an opportunity for them to change. Adolescents don’t have the same thought process as adults. They tend to react emotionally, so if their emotions are flying high, adolescents aren’t always able to stop themselves from doing something foolish or harmful to others. This is also the point in their life when they are becoming curious about how their bodies are changing. Also add in drug or alcohol experimentation and that’s a recipe for trouble. There are numerous supporters for rehabilitation, just like there are individuals against it. As long as there is a juvenile justice system, there will always be a debate. One person that agrees with rehabilitation is Kurt Kumli, a supervising deputy district attorney for the Santa Clara County’s Juvenile Division in California. Mr. Kumli (2001) stated that there are different methods that work on different kids. But the one thing that is constant, is the need to get to the kids “sooner, than later”. Kids are still reachable when they are at that stage where they feel no one cares about them .Judge LaDoris Cordell also believes the juvenile justice system can benefit an adolescent that wants to turn their life around. Judge Cordell (2001) believes the beauty of the juvenile justice system is that it can be applied and modified to deal with the needs of the particular juvenile. She...
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...spends and how much it spends) and tracing of the changing trends in entailment of expenditure. Key matter of contention includes: * Introduction to public spending on health * Why spending on health is important * Changing trends in public spending on health and family welfare * Core areas where spending is done: analysis with the help of laws * Conclusion and critical analysis Key words: health expenditure, crop distribution, subsidies, changing trends Introduction From the time immemorial, the public spending on health has been a highly discussed issue in the Indian democratic political environment. The government has made several policies with regard to proper spending and supervision. Although because of inefficient adjudication, nothing has turned into an...
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...Morris W. Ricks Dr. Mindel Speech 101.102 Due Date: June 28, 2011 Persuasive Speech Outline: The USA PATRIOT ACT I. Introduction A. What if your home was raided by the police, and when you asked to see a warrant, an officer handed you a letter signed by the desk sergeant? What if the same officer informed you that he’s taking your cellular phone, because your calls had been monitored? He arrests you, never informs you of the charge, and if released, tells you that you can’t discuss the incident with anyone? You being a well versed citizen of your constitutional rights under the law begin to inform the officer of the first ten amendments, called the Bill of Rights, and your rights have been violated. What if the officer told you that two weeks prior the city legislators got together, and decided that catching criminals has become too difficult of a task? So, they got rid of the first, fourth, fifth, and tenth amendments of the Constitution and now citizens only have six? Well, you would probably advise the officer to zealously avoid the narcotics section of the evidence room. However, what if I told you that this ridiculous scenario I just described is in fact current law at a Federal level, and if all of us as citizens continue to turn a blind eye to the impact this law is having on our way of life, we will watch the very rights I have previously stated slowly, but assuredly dissipate. B. The first article of the U.S Military Code...
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...R outledge Revision: Questions & Answers Jurisprudence 2011–2012 Each Routledge Q&A contains approximately 50 questions on topics commonly found on exam papers, with answer plans and comprehensive suggested answers. Each book also offers valuable advice as to how to approach and tackle exam questions and how to focus your revision effectively. New Aim Higher and Common Pitfalls boxes will also help you to identify how to go that little bit further in order to get the very best marks and highlight areas of confusion. And now there are further opportunities to hone and perfect your exam technique online. New editions publishing in 2011: Civil Liberties & Human Rights Commercial Law Company Law Constitutional & Administrative Law Contract Law Criminal Law Employment Law English Legal System Routledge Q&A series Equity & Trusts European Union Law Evidence Family Law Jurisprudence Land Law Medical Law Torts For a full listing, visit http://www.routledge.com/textbooks/revision R outledge Revision: Questions & Answers Jurisprudence 2011–2012 David Brooke Senior Lecturer in Law and Module Leader in Jurisprudence at Leeds Metropolitan University Fifth edition published 2011 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN Simultaneously published in the U S A and Canada by Routledge 270 Madison Avenue, New York, NY 10016 Routledge is an imprint of the Taylor & Francis Group, an informa business This edition published in the Taylor & Francis e-Library, 2011...
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...Qualitative Approaches to Classroom Research 1 Qualitative Approaches to Classroom Research with English Language Learners Patricia A. Duff University of British Columbia Address: Department of Language & Literacy Education University of British Columbia 2125 Main Mall Vancouver, BC V6T 1Z4 Canada Courier: 2034 Lower Mall Road University of British Columbia Vancouver, BC V6T 1Z2 Canada Qualitative Approaches to Classroom Research 2 ABSTRACT This chapter provides an overview of recent qualitative research in classrooms examining English language learners (ELLs). I first present common features of qualitative research and review debates regarding research paradigms in the social sciences and humanities. I also discuss the role of triangulation and capturing participants’ insider or emic perspectives in qualitative research and highlight various data collection methods and ways of combining macro-level and micro-level analyses, particularly in ethnographic research. Ethical issues, difficulties obtaining informed consent in classroom research, and criteria for evaluating qualitative research are then considered. Three qualitative studies that have been deemed exemplary and meritorious by scholars in English language education are then presented and some common themes in current qualitative classroom research with ELLs are identified. The chapter concludes with directions for future qualitative research. Introduction Over the past 2 decades, research...
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...2.6 HOURS Continuing Education ORIGINAL RESEARCH Probation and Recidivism: Remediation Among Disciplined Nurses ABSTRACT in Six States A link between a history of criminal conviction and a risk of professional misconduct highlights the importance of criminal background checks. O BJECTIVE : The researchers sought to determine what factors might affect the outcomes of remediation, including the likelihood of recidivism, among nurses who had been the subject of disciplinary action and had been put on probation by a state board of nursing. M ETHODS : Boards of nursing in six states, Arizona, Maryland, Massachusetts, Minnesota, Nebraska, and North Carolina, chose to participate in this exploratory study. A 29-item questionnaire was used to investigate the records of 207 RNs, LPNs, and advanced practice RNs (APRNs) who were disciplined and put on probation by a state nursing board in 2001, as well as to collect data on their employment settings, the boards’ actions, and remediation outcomes (the presence or absence of recidivism); 491 nurses who had not been disciplined served as controls. RESULTS: Among the disciplined nurses studied, 57% were RNs, 36% were LPNs, 3% held both RN and LPN licenses, and 3% were APRNs. Of the disciplined group, 39% recidivated between 2001 and 2005. Three factors were shown to influence the recidivism rate: having a history of criminal conviction, having committed more than one violation before the 2001 probation, and changing...
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...Criminal Records in the Digital Age: A Review of Current Practices and Recommendations for Reform in Texas Helen Gaebler, Senior Research Attorney William Wayne Justice Center for Public Interest Law The University of Texas School of law March 2013 TABLE OF CONTENTS I. INTRODUCTION .............................................................................................................................4 II. THE PROBLEM: CRIMINAL RECORDS AND COLLATERAL CONSEQUENCES .........................................5 Collateral Consequences Overview ......................................................................................................... 5 Who’s Affected? A Look at the Numbers in Texas .................................................................................. 8 Disproportionality and the Criminal Justice System .............................................................................. 10 Reaching Across Generations and Communities ................................................................................... 11 III. AN OUTDATED SYSTEM: OPEN ACCESS TO CRIMINAL RECORDS .................................................... 12 The Background Checking Industry........................................................................................................ 12 Common Practices and Pitfalls............................................................................................................... 13 Past Calls for Reform .....................
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...The Impact of Acquaintance Rape for Female College Students Word Count: 3,027 Abstract Acquaintance rape, commonly referred to as "date rape," is sweeping across college campuses throughout the United States. Described as nonconsensual sexual contact achieved by force, manipulation or coercion between two people who know each other, it is a form of sexual violence that had been given little attention prior to the 1980’s. Recent studies indicate that one in four female college students will be the victim of acquaintance rape at some time during four years of college making it the fastest growing crime against females in college institutions. However, because there are widespread false impressions among all college students that acquaintance rape does not exist, is not “really rape” or is not a serious crime, many believe that it is not as traumatic to the victim as rape by someone unknown to them. These erroneous beliefs often leave the victims of acquaintance rape more devastated than the rape action itself. The purpose of this paper is to examine the facts surrounding female acquaintance rape on college campuses and the role that crisis intervention techniques play in the recovery from an experience that many experts describe as crippling. The Impact of Acquaintance Rape for Female College Students Every two minutes someone in the United States is raped, and the chance of the victim being a female college student is four times greater than that of any...
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...The Logical Next Step: Reconciliation Payments for All Indian Residential School Survivors CANADIAN BAR ASSOCIATION February 2005 PREFACE The Canadian Bar Association is a national association representing 38,000 jurists, including lawyers, notaries, law teachers and students across Canada. The Association’s primary objectives include improvement in the law and in the administration of justice. This submission was prepared by the National Aboriginal Law and the National Alternative Dispute Resolution Sections of the Canadian Bar Association, with assistance from the Legislation and Law Reform Directorate at the National Office. The submission has been reviewed by the Legislation and Law Reform Committee and approved as a public statement of the Canadian Bar Association. The Logical Next Step: Reconciliation Payments for All Indian Residential School Survivors Executive Summary At its Annual Meeting in August 2004, the Canadian Bar Association adopted a resolution1 calling for the government to go beyond the existing Indian Residential Schools Dispute Resolution process to provide a base payment to all survivors of Indian Residential Schools. The CBA recognizes the tragic legacy of Indian Residential Schools and the failure of the current options of either litigatio n or the dispute resolution process to resolve the situation. The harms caused by Indian Residential Schools are still profoundly felt by the individual students who attended the schools, as well as...
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...CRIME, PROCEDURE AND EVIDENCE IN A COMPARATIVE AND INTERNATIONAL CONTEXT This book aims to honour the work of Professor Mirjan Damaška, Sterling Professor of Law at Yale Law School and a prominent authority for many years in the fields of comparative law, procedural law, evidence, international criminal law and Continental legal history. Professor Damaška’s work is renowned for providing new frameworks for understanding different legal traditions. To celebrate the depth and richness of his work and discuss its implications for the future, the editors have brought together an impressive range of leading scholars from different jurisdictions in the fields of comparative and international law, evidence and criminal law and procedure. Using Professor Damaška’s work as a backdrop, the essays make a substantial contribution to the development of comparative law, procedure and evidence. After an introduction by the editors and a tribute by Harold Koh, Dean of Yale Law School, the book is divided into four parts. The first part considers contemporary trends in national criminal procedure, examining cross-fertilisation and the extent to which these trends are resulting in converging practices across national jurisdictions. The second part explores the epistemological environment of rules of evidence and procedure. The third part analyses human rights standards and the phenomenon of hybridisation in transnational and international criminal law. The final part of the book assesses Professor...
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...Cultural Value of Respect in Business Operations: A Case Study of Developing Communities Name Institution of Affiliation Chapter Two: Literature Review Introduction A work environment that is respectful, reasonable, and that values individual differences is a central part of building a positive workplace culture. Casson (2005) asserts that promoting respect is a managerial aspect that oversees workers as it creates a respectful and positive workplace and, consequently, increased employee productivity. Respect at the workplace inspires respectful relationships, courtesy, and decent manners. On another angle, it ensures that employees stay updated with workplace information and consider and value other people’s positions (Casson, 2005). Regan (2004) defines respect as the fair treatment of employees and other stakeholders, fair valuation of contributions of each employee and consistency in the management of the company’s values. However, respect is viewed broadly under the cultural values that every society or business platform foresees. Accordingly, cultural respect has gone further to embrace the protection of human rights, the core driver of the corporates’ social responsibilities and transparency initiatives. Businesses have in the past integrated their cultural values, respect among them, in their endeavors (Regan, 2004). Since diverse business cultures appreciate and recognize other cultures for efficient business transactions, a critical aspect of what respect accords...
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...Contemporary Hate Crimes, Law Enforcement, and the Legacy of Racial Violence Ryan D. King University at Albany-SUNY Robert D. Baller University of Iowa This article investigates the association between past lynchings (1882 to 1930) and contemporary law enforcement responses to hate crimes in the United States. While prior research indicates a positive correlation between past levels of lynching and current social control practices against minority groups, we posit an inverse relationship for facets of social control that are protective of minorities. Specifically, we hypothesize that contemporary hate crime policing and prosecution will be less vigorous where lynching was more prevalent prior to 1930. Analyses show that levels of past lynching are associated with three outcome variables germane to hate crime policing and prosecution, but the effect of lynching is partly contingent on the presence of a minority group threat. That is, past lynching combined with a sizeable black population largely suppresses (1) police compliance with federal hate crime law, (2) police reports of hate crimes that target blacks, and in some analyses (3) the likelihood of prosecuting a hate crime case. Our findings have implications for research on law and intergroup conflict, historical continuity in the exercise of state social control, and theories that emphasize minority group threat. Steven F. Messner University at Albany-SUNY onflict theories of crime and criminal law posit that the...
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