Parks v. State Appellant\u27s Brief Dckt. 44291

https://digitalcommons.law.uidaho.edu/not_reported/4413/thumbnail.jp

Characteristics of internet sexual offenders: a review

The review presented in this paper provides some descriptive findings regarding Internet Sex Offenders (ISOs) in comparison to contact sex offenders. In general, Internet Sex Offenders are found to be Caucasian, male, relatively young, highly educated, intelligent, and well-employed. ISOs also appear to be highly sexualised, in both their current lifestyle as well as childhood experiences as victims. ISOs can also be classified into several subgroups, such as child pornography offenders, who again are a heterogeneous group themselves. Professionals dealing with ISOs should be aware that they seem to share similar deficits with contact sex offenders but might differ in some important areas. This information should be kept in mind when reading their files, establishing treatment needs, and interpreting psychometric test results. To date no personality and risk measure is validated on this 'new' or emerging offender category, hence any results should be interpreted with caution

Commercialisation of government communications:submission to the Government Communications Review Group, Stirling Media Research Institute

Much of the debate around government communications has focused on the use of special advisers, the lobby system and the centralisation of the system under Alastair Campbell. This is a legitimate focus and much has been said on this topic which is borne out by our own research.2 However the purpose of this submission is to raise a different set of issues which are less often discussed. These relate in particular to the organisation of the civil service and government communications and to the increased role of commercial agencies and commercial criteria in running and evaluating government communications. I wish to concentrate on six aspects. These do not fit very neatly under the headings of the review but are most relevant to the issues of context, politicisation and organisation

CRIMINAL LAW—MIRRORING THE TRIAL: MAKING SENSE OF THE LAW OF CLOSING ARGUMENT IN CRIMINAL CASES

The law of closing arguments in criminal cases has proven to be a minefield for prosecutors and judges. Whereas criminal convictions can be overturned because of improper argument by the government, acquittals obtained through improper argument by defense counsel cannot be reviewed because of the Double Jeopardy clause. Two rules, the prohibition against vouching and the proscription against the expression of personal opinions, have proven to be very difficult to apply in a coherent manner, to the point that argument about the credibility of witnesses has been prohibited in some jurisdictions. Jury nullification arguments by the defense tend to creep into a criminal trial during summation, and they present a difficult dilemma for the ethical prosecutor. Sometimes error in closing argument occurs when the prosecutor attempts to respond to appeals for jury nullification, that is, for a verdict outside the law and the evidence presented in the courtroom. An effective means of policing closing arguments and of preventing jury nullification would be a rule that requires closing arguments to mirror the trial. This “mirroring” principle means that the scope of closing argument should be the same as the scope of the facts and law presented during the trial. This principle would set out logical boundaries of proper and improper argument, and it would help trial judges identify and thwart pleas for jury nullification

The Procedural Foundation of Substantive Law

The substance-procedure dichotomy is a popular target of scholarly criticism because procedural law is inherently substantive. This article argues that substantive law is also inherently procedural. I suggest that the construction of substantive law entails assumptions about the procedures that will apply when that substantive law is ultimately enforced. Those procedures are embedded in the substantive law and, if not applied, will lead to over- or under-enforcement of the substantive mandate. Yet the substance-procedure dichotomy encourages us to treat procedural systems as essentially fungible-leading to a problem of mismatches between substantive law and unanticipated procedures. I locate this argument about the procedural foundation of substantive law within a broader discussion of the origin and status of the substanceprocedure dichotomy

Population geography I: Human trafficking

This first report explores how understandings of human trafficking have progressed within population geography. Exemplified by studies of exploitative labour migration, population geography has made implicit contributions by stressing the value of a geographic perspec-tive of the webs of inter-connections and links between different places and trafficking. In addition, dominant ideas of linear trafficking processes have been disrupted, via evidenc-ing the informal involvement of families in the phases of recruitment, transportation, and control. I argue that a more encompassing, inter-disciplinary tenet could be woven into population studies of trafficking, by more explicitly engaging with social science debates. Embedding the legal, global definition of trafficking into wider studies of migration is para-mount for this direction of travel. There is also merit in population geography advancing understandings by adopting holistic lenses of enquiry, connecting-up with (sub-)disciplinary geographic studies of migration and trafficking in the Global South and Global North. Studies of trafficking provide a potentially fruitful terrain for population geography to deliver multi-disciplinary, impactful research of a key global challenge, to inform policies to prevent and mitigate the ills of trafficking, and progress conceptual and theoretical under-standings of trafficking

Towards a taxonomy of research misconduct: the case of business school research

This paper examines the growing pressures and incentives encouraging research misconduct, along with the consequences, as illustrated by the case of business school research. Drawing on a review of the literature on different theoretical approaches to analysing organizational misconduct, we develop a formal taxonomy distinguishing appropriate conduct from blatantly inappropriate misconduct but with a specific focus on the ‘grey’ areas between these extremes in the form of questionable and inappropriate behaviour. We identify various sources of research misbehaviour and different categories of those affected. The aim is to provide a clearer understanding of what research behaviour is deemed appropriate or not, which stakeholders it affects, and the pressures and incentives likely to exacerbate such misconduct. We conclude with a discussion of how the taxonomy can help shape future good research practice (thereby setting a better example to students), and offer some propositions for future researc

(Not) One of the Boys: A Case Study of Female Detectives on HBO

In 1997 HBO aired its first original drama series, Oz. In the years that have followed the network has positioned itself as vanguard in the television landscape, however, HBO drama series have remained a complicated, and often dangerous site for female characters. Moreover, with a few exceptions (Sex and the City, or True Blood for example), original HBO drama series remain focused on the network’s primary audience demographic: the predominantly male, relatively affluent consumers of quality television. This research explores the representation of female detectives within original HBO crime drama series, The Wire (2002--8) and Season Two of True Detective (2014 -), in order to examine how female officers, operate within the male-dominated world of HBO drama. Two characters, Shakima Greggs of The Wire and Antigone Bezzerides of Season Two of True Detective, were selected as case studies and subjected to feminist textual analysis. While these representations provide some recognition of the challenge facing women working in law enforcement, namely the need to balance gendered expectations against what it means to be “good police,” they also reinforce particular kinds of gendered narrative arcs and tropes. These findings help illustrate the limitations of the portrayal of female police, particularly within male-dominated genres and networks

Sexual Misconduct and the Government: Time to Take a Stand

This Note analyzes law enforcement\u27s use of one particularly troublesome tactic-the use of sexual acts or romantic promises to encourage a defendant to participate in illegal activities or to obtain information that can be used against the defendant at trial. The first part of this Note gives a brief history of the outrageous government conduct defense, including its distinction from entrapment, its origin and its lack of success in the courts. Although the entrapment defense and the outrageous conduct defense have some similarities, they are in fact quite different. The second section of this Note discusses the perception of sex and intimacy in the United States, and why according to this perception and the Constitution, the use of sex/intimacy is not an appropriate investigative tool. Section three of this Note examines police ethics and demonstrates that they do not and should not include using sex or intimacy during investigations. Part four analyzes federal and state sexual misconduct cases, and explains why the decisions reached by the courts are incorrect and immoral according to the Constitution and the views of sex and intimacy expressed in the United States. Finally, this Note concludes that the use of sexual or emotional intimacy by undercover agents/informants as an investigative tool is unconstitutional, outrageous and should be forbidden. There is no possible way to draw a line or develop a proper standard to apply when undercover agents use sexual conduct. This type of conduct is outrageous across the board and will lead to a lack of trust in law enforcement by all people in society. The solution is that this conduct should be prohibited altogether