305 research outputs found

    Making the Crucial Connection: A Proposed Threat Hearsay Exception

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    This article discusses how courts admit and exclude threat hearsay in the domestic homicide context and suggests an approach for admission of such evidence. After analyzing the current evidentiary status of the victim\u27s statements regarding threats in homicide cases in which an apparently abusive spouse/partner is accused, I argue for adoption of a new hearsay exception that permits systematic admission of victims\u27 statements concerning threats and violence by the accused. The victim can no longer speak for herself because she has been killed, often because the law is apparently helpless to intervene on her behalf, even when asked. Consequently, the legal system must change to admit her words, even if it is too late to save her. While such statements would not, and should not, suffice to convict someone of homicide, they may well provide the critical piece of cumulative evidence that convinces a jury that the accused is guilty beyond a reasonable doubt

    Making the Crucial Connection: A Proposed Threat Hearsay Exception

    Get PDF
    This article discusses how courts admit and exclude threat hearsay in the domestic homicide context and suggests an approach for admission of such evidence. After analyzing the current evidentiary status of the victim\u27s statements regarding threats in homicide cases in which an apparently abusive spouse/partner is accused, I argue for adoption of a new hearsay exception that permits systematic admission of victims\u27 statements concerning threats and violence by the accused. The victim can no longer speak for herself because she has been killed, often because the law is apparently helpless to intervene on her behalf, even when asked. Consequently, the legal system must change to admit her words, even if it is too late to save her. While such statements would not, and should not, suffice to convict someone of homicide, they may well provide the critical piece of cumulative evidence that convinces a jury that the accused is guilty beyond a reasonable doubt

    Situated Identities, Competing Cultural Models: Discourse Analysis of Policy Makers\u27 Views on Teaching

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    Because policymakers have a direct impact on schools, teachers, and therefore students, this study examined the discourse of policymakers in relation to their views on “quality” teaching. Findings from the study conclude the cultural models and discourses widely varied among policymakers. Their views were based on an idiosyncratic approach to teaching and learning. A fragmented understanding of quality teaching from policymakers as a whole emerged

    Mentoring in Literacy Education: A Commentary from Graduate Students, Untenured Professors, and Tenured Professors

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    This commentary continues a dialogue which began among literacy teacher educators attending an alternative format session about mentoring in the academy at a national conference. Literacy teacher educators participated in an informal discussion centered on the nature of mentoring in the academy for doctoral students, untenured professors, and tenured professors. Doctoral students focused on their changing identities and roles in the academy, their concerns about navigating the political infrastructure of academia, and the importance of assuming a proactive stance towards obtaining mentoring, especially for part-time doctoral students. Untenured professors focused on the ways they were inventing and reinventing themselves within the power and politics of academia and their need for more holistic mentoring during these turbulent times. Tenured professors were able to embed mentoring experiences into their scholarly work and find ways to benefit or learn from mentoring experiences. These mentors also found comfort in more informal mentoring that included self-initiated endeavors centered on mutual interests. Our commentary draws on these discussions as well as the professional literature on mentoring to describe the importance of mutual trust and reciprocity in mentoring throughout all stages of academia with attention to cultural and linguistic diversity
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