Catalog: Digital Commons at Pace - New Repository Articles
The adoption and use of social media by a broad spectrum of criminal defendants has raised some significant challenges for those tasked with crime prevention. This article will look at those challenges through the lens of three cases involving social media: United States v. Drew, United States v. Sayer, and United States v. Cassidy. However, prior to beginning that examination, this article will briefly discuss and categorize the various ways criminal defendants employ social media.
This article will demonstrate how the unregulated use of social media by participants in the justice system (judges, attorneys and jurors specifically) affects the public perception and subsequently the integrity of our justice system. The article will provide a holistic review of social media use by judges, attorneys and jurors, and demonstrate why their use of social media should be harnessed in a manner to ensure compliance with ethical rules and reduce potential negative effects to the social contract between law and society.
Social media is like a culvert. It catches pictures, novelties, personal profiles, gossip, news, unfiltered opinions, and punditry. It is subject to misuse. This article draws lines beyond which the users in the justice system should not go. It recounts important cases and provides guidance when doubt seeps into what judges, jurors, and attorneys want to do. Part II of the article will discuss the perception of lawyers held by the public in general as a foundational basis to discuss the importance of appropriately regulated social media use in the legal profession. Part III will briefly discuss social media use in the legal community providing a backdrop to the opportunities and pitfalls of such use, which will be more specifically addressed in Part IV where the correlation between the provision of justice and social media use by judges, jurors, and attorneys will be analyzed. Part V will provide justification for regulation, or at the very least, detailed guidance for social media use for those in the justice system, recognizing that social media’s rapid dissemination of material requires that the legal profession harness or, less restrictively, regulate unfettered use of social media by attorneys as any negative implications will serve to further undermine the public trust in the profession. Suggested guidelines and proposed amendments to current provisions will be provided in support. Part VI provides the conclusion.
Good law does not always make good policy. This article seeks to provide a legal assessment, not a policy directive. The policy choices made by individual institutions and athletic departments should be guided by law, but absolutely left to institutional discretion. Many articles written on college student-athletes’ social media usage attempt to urge policy directives clothed in constitutional analysis.
In this author’s opinion, these articles have lost perspective – constitutional perspective. This article seeks primarily to provide a legal and constitutional assessment so that schools and their athletic departments will have ample information to then make their own policy choices.
Owen Fiss focused on “the robustness of public debate” to conclude on his last page: “The autonomy protected by the First Amendment and rightly enjoyed by individuals and the press is not an end in itself, as it might be in some moral code, but is rather a means to further the democratic values underlying the Bill of Rights.”
This article embraces the same values but more conservatively. Whereas Fiss defended state-sponsored coercion, I leave the government mostly outside the descriptions and arguments presented here. Scholars have sought to apply the law—of crimes, torts, intellectual property, and statutory allotments and immunities—as remedies for online abuse and harassment. A few states have modified their penal codes in this direction. I applaud many of these innovations but do not rely on them. They can be rejected for purposes of the thesis that I sketch in these pages.
Like writings that come before it, this article challenges the chestnut that freedom comes at the expense of another progressive good. Equality, to some writers; antisubordination, to others; “civil rights” also serves. In contending that free speech advances and supports these progressive goals, I step into big footprints—not just those of Owen Fiss but before him, inter alia, Harry Kalven, who argued when the sixties revolution was young that white speakers ought to thank “the Negro” and his civil rights struggle for enlargement of their First Amendment rights delivered to them by the Supreme Court. But my connection to free speech is more literal than what these great precedent-writings teach. Abuse and harassment pull valuable words out of the marketplace of ideas, I argue. They lessen the discourse.
Also following in the path of other writings, this article notes a few higher stakes present in online speech as contrasted with its lower-tech antecedents. Electronic discourse adds anonymity, amplification, and permanence; within this medium, these conditions reinforce each other. Think of a rock thick and opaque enough to hide behind, durable enough to intimidate, heavy enough to inflict a real blow.
Don’t stop there. Think also of a rock’s majesty and beauty. Opacity, durability, and weight are strengths as well as dangers. In this article, I advocate measures against abuse and harassment because (not “even though”) I cherish free speech.
The purpose of this study is twofold: to explore the role of mindfulness in cultural intelligence (CQ) with the development of a CQ mindfulness model that builds on the CQ and mindfulness literatures, and to test the model’s ability to predict culturally congruent patient care. Data was collected from 215 registered nurses working in a variety of health care settings in a highly culturally diverse urban environment. The study results support the presence of three essential and distinct facets of mindfulness: empathy, open-mindedness, and using all senses, and the key role played by mindfulness in cultural intelligence. The data indicate strong relationships between mindfulness and total mental CQ (cognitive CQ and metacognitive CQ), and between mindfulness and behavioral CQ. Study results also support the significant influence of mindfulness on culturally congruent patient care and the influence of behavioral CQ on culturally congruent patient care. The data does not support the hypothesized influence of total mental CQ on culturally congruent patient care. These findings contribute to the management literature by adding to the burgeoning CQ research on the antecedents of CQ and on the interactions amongst the different CQ facets; this study also contributes to the cultural competence literature in health care with the introduction of the CQ mindfulness model as well as a new instrument to measure culturally congruent patient care. This research on CQ and mindfulness in health care proposes a novel insight as to why some nurses may be more effective than others at providing culturally congruent patient care. Findings offer timely managerial implications for health care organizations.^
The Relationships Among Defense Style, Attachment Style, and Psychopathology in an Outpatient Clinical Population
As evidence based treatments and studies of therapy outcomes become increasingly important focuses in the field of psychology and psychotherapy, we have an increasing need to understand the dynamics of psychopathology and factors that are related to the development, maintenance, and treatment of pathology. Though there are few, if any, direct causal relationships between any one factor and the development of psychopathology, understanding the relationships among different factors can help therapists determine courses of treatment that will be the most effective for each individual patient. ^ The purpose of this study was to explore the relationships among defense style, attachment style, and psychopathology in an outpatient clinic setting. It was hypothesized that there would be direct effects of attachment style and defense style on pathology, as well as a mediating effect of attachment style on pathology, through the effect of defense style.^ Participants were patients at a university based mental health clinic (N= 270). As part of their intake procedure, participants were administered the Defense Style Questionnaire, Experiences in Close Relationships-Revised, and Personality Assessment Inventory.^ The Findings of this study indicated that use of lower order defenses and insecure attachment styles both directly predict greater psychopathology. Additionally, there was a mediation effect, such that attachment style indirectly predicted pathology through the use of defense styles. In other words, anxious and avoidant attachment predicts less use of higher order defenses and greater use of lower order defenses, which in turn predicts greater levels of anxiety and depression.^ The findings of this study suggest that both attachment style and defense style play a role in the development and maintenance of psychopathology. Additionally, this study suggests that attachment style and defense style could be used in future research as outcome measures of psychopathology.^