The Nature and Consequences of the Plea of Nolo Contendere

The last session of the Nebraska legislature made available as a part of the criminal procedure of the state the plea of nolo contendere, or non vult. This was done by amending Section 29-1819 of the Nebraska Statutes to read as follows: If the issue on the plea in bar be found against the defendant, or if upon arraignment the accused offers no plea in bar, he shall plead guilty, not guilty, or nolo contendere; but if he pleads evasively or stands mute, he shall be taken to have pleaded not guilty. The accused may, at any time before conviction, enter a plea of nolo contendere with the consent of the court. The court may refuse to accept the plea, and shall not accept the plea without first determining that the plea is made voluntarily with an understanding of the nature of the charge. The plea of nolo contendere originated in England, although it has long since disappeared from the jurisprudence of that jurisdiction. The English judicial history of the plea seems to have been largely derivative from a statement in Hawkins\u27 Pleas of the Crown to the following effect: An implied confession is where a defendant in a case not capital doth not directly own himself guilty, but in a manner admits it by yielding to the King\u27s mercy, and desiring to submit to a small fine: in which case, if the court think fit to accept of such submission, and make an entry that the defendant posuit se in gratiam regis, without putting him to a direct confession, or plea (which in such cases seems to be left to discretion), the defendant shall not be estopped to plead not guilty in an action for the same fact, as he shall be where the entry is quod cognovit indictamentum

Rediscovering Quetelet, again : the “aging” offender and the prediction of reoffending in a sample of adult sex offenders

This study explored the role of age at release on the risk of reoffending using a sample of sex offenders. It examined whether the risk of reoffending, assessed using actuarial tools, should be adjusted according to the offender’s age at the time of release. The sample comprised 553 offenders, all of whom were consecutive admissions to a Canadian federal penitentiary. Scores on the Static-99 as well as age at release were included in successive nested prediction models using Cox-regression. Receiver operating characteristic (ROC) curves and Allison’s R 2 were computed to assess the predictive accuracy of the models and the strength of the association between the covariate measures of general and violent/sexual reoffending. Results showed that overall predictive accuracy observed across models was fair at best. Generally, age of onset and age at release improved the prediction accuracy over and above the scores on the Static-99. In fact, by itself, age at release showed a predictive accuracy comparable to that of the actuarial tool. The results suggest that risk assessors should adjust the risk of reoffending based on the offender’s age at release. The implications of this study are discussed in light of the age–crime curve literature and the risk management of sex offenders in the community

Should Robots Blush?

Social interaction is the most complex challenge in daily life. Inevitably, social robots will encounter interactions that are outside their competence. This raises a basic design question: how can robots fail gracefully in social interaction? The characteristic human response to social failure is embarrassment. Usefully, embarrassment signals both recognition of a problem and typically enlists sympathy and assistance to resolve it. This could enhance robot acceptability and provides an opportunity for interactive learning. Using a speculative design approach we explore how, when and why robots might communicate embarrassment. A series of specially developed cultural probes, scenario development and low-fidelity prototyping exercises suggest that: embarrassment is relevant for managing a diverse range of social scenarios, impacts on both humanoid and non-humanoid robot design, and highlights the critical importance of understanding interactional context. We conclude that embarrassment is fundamental to competent social functioning and provides a potentially fertile area for interaction design

E Pluribus Unum: An Evaluation of Student Engagement and Learning in the College Marching Band

Thesis advisor: Karen ArnoldStudent engagement has been associated with a range of desirable outcomes in the undergraduate experience (Astin, 1993, Pascarella & Terenzini, 2005) and music participation has been shown to facilitate important personal and social development among its participants (Hallam, 2010). Despite this, no study has been conducted to evaluate the potential benefits of participation in one of the largest and most visible student organizations on campus: the college marching band. The purpose of this quantitative evaluation was to determine whether marching band students express distinctive patterns of engagement within their respective communities as compared with their non-band peers. Items and scales from the National Survey of Student Engagement (NSSE) were administered to marching band members (n=1,882) at 20 participating universities with National Collegiate Athletic Association (NCAA) Division-I football programs. Data were compared with a sample of general undergraduate (non-band) responses (n=6,095) from the same institutions provided by the NSSE Institute. Findings suggested that band students are more engaged with diverse peers along racial, ethnic, political, ideological, and religious lines (p<.01; Cohen’s d=0.26) and they are more reflective in their learning as evident in their willingness to imagine another’s perspective and reevaluate their own views (p<.01; Cohen’s d=0.19). Compared with non-band peers, marching band members indicated greater personal social responsibility on an array of vectors (p<.01; Cohen’s d=0.36) including: developing a personal code of values and ethics, understanding people of other racial and ethnic backgrounds, understanding themselves, learning effectively on their own, voting in local or national elections, contributing to the welfare of their community, and solving complex real-world problems. After controlling for a range of pre-college and co-existing variables, marching band membership remained the strongest predictor of these desirable outcomes (β=0.172, p<.01).Thesis (PhD) — Boston College, 2016.Submitted to: Boston College. Lynch School of Education.Discipline: Educational Leadership and Higher Education

How Incentives Help Us Do Hard Things First

When facing tasks of differing difficulty, do people choose to tackle harder ones first or easier ones first? I show that the answer depends on how motivated they are to complete all of the tasks. I examine situations in which people must complete both a harder task and an easier one by the same deadline. When I incentivize people for completing both tasks by that deadline, they are more apt to complete the harder task before the easier task, compared to when they are not incentivized. This change results from two factors. First, the incentive leads people to care more about completing the tasks in an order that leads to success. Second, people believe that the difficult-first order is more likely to lead to success than is the easy-first order. Thus, when people are incentivized, they find successful task completion to be more important, and they switch to the difficult-first order, which they think is more likely to lead to success. I discuss implications of these findings both for individuals, who may be interested in more efficiently tackling difficult challenges, and also for managers and firms, who may be interested in influencing which tasks their employees and customers undertake first

The Winning National Moot Court Brief

The Nebraska Law Review is proud to reproduce here the winning brief of the Seventh Annual National Moot Court Competition submitted by a three-member team representing the University of Nebraska College of Law. To retain that value which may be gained from the brief as a style guide for other collegiate teams in moot court competitions and for the practicing lawyer, the brief is published as it appeared in the final round of competition, rather than in the newly adopted format and typographical style of the Nebraska Law Review. More important, the substance of the brief deals with a perplexing problem of the criminal law-the defense of insanity. The brief is of course a document advocating one side of the issue. The following brief summary of the legal issue raised is included to place the brief in its proper context

The Winning National Moot Court Brief

The Nebraska Law Review is proud to reproduce here the winning brief of the Seventh Annual National Moot Court Competition submitted by a three-member team representing the University of Nebraska College of Law. To retain that value which may be gained from the brief as a style guide for other collegiate teams in moot court competitions and for the practicing lawyer, the brief is published as it appeared in the final round of competition, rather than in the newly adopted format and typographical style of the Nebraska Law Review. More important, the substance of the brief deals with a perplexing problem of the criminal law-the defense of insanity. The brief is of course a document advocating one side of the issue. The following brief summary of the legal issue raised is included to place the brief in its proper context