The Duke Lacrosse Case: Exploiting the Issue of False Rape Accusations
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Pr-Sum-11.Pdf
Exam Memo, Professional Responsibility Professor Griffin, Summer 2011 I awarded grades according to the law school’s grading curve, which requires a class average between 2.9 and 3.1. The average for this class was 3.10. The curve was as follows, based on a total possible 100 points. The number in parentheses indicates the number of students who received that letter grade. 93 A (2) 86-88 A- (4) 80-85 B+ (19) 70-79 B (36) 65-68 B- (6) 60-63 C+ (3) You are welcome to pick up your exams and answers at the front desk of the Health Law & Policy Institute. You will need to know your exam number in order to get the exam. You must sign out your exam and you do not need to return it. Please read over this memo and your exam before asking me any questions about your grade. For Question I, it was important to read the question and both 1) identify what Norris should do now and 2) assess Keany and Peppers. If you just skipped Norris you missed a lot of points. A key part of your analysis of Norris should have involved the Bevill test, CB 517, 522, applied in the Grand Jury Subpoena case (Roe and Moe), CB 513. This was Norris’ chance to try to get back the documents that had been turned over to the S.E.C. Whenever you learn a multi-factor test, however, you must apply it to the facts in the question. The immigration and F.T.C. -
Witch Hunts and the Sexual Assault Enterprise on the Modern Campus
Witch Hunts and the Sexual Assault Enterprise on the Modern Campus I. Introduction On December 13, 2013, Amherst College expelled a student for violating its disciplinary code, concerning Sexual Misconduct Policy: Sexual Assault .1 This decision may seem innocuous, but in reality it effectively proclaimed the student guilty of rape and demolished his professional and academic career. Furthermore, while punishing a rapist is commendable, the facts of the situation present an entirely different interpretation. On February 4-5, 2012, the accused student (known as John Doe) and the accuser (known as Sandra Jones) returned to Jones’ room, where Doe’s girlfriend also lived. Sometime during the night, Jones engaged in sexual activities with Doe. After one year and nine months, Jones filed an official complaint with Amherst, alleging Doe raped her. 2 In merely six weeks between the filing of the complaint and the disciplinary ruling, the college’s investigator conducted interviews that constituted all the evidence gathered for the case. The investigator found that: Jones changed her story concerning whether she ever consented to the act; one of Jones’ witnesses blatantly lied about the encounter; evidence showed that Jones lied about sending texts to another student concerning the encounter (though the investigator never interviewed that student). 3 Despite knowing of a witness who had evidence that called the accusations into question, the investigator never pursued contacting that witness.4 Interestingly, the investigator made no conclusions as to whether Doe sexually assaulted Jones, but did determine that Doe blacked out from alcohol intoxication and could not recall anything. 5 Despite having no clear findings, Amherst expelled Doe approximately one month after the 1 Complaint and Jury Demand at 15, Doe v. -
False Allegations of Sexual Assault
47VAW3877VAW161210.1177/1077801210387747Lisak et al.Violence Against Women Symposium on False Allegations of Rape Violence Against Women 16(12) 1318 –1334 False Allegations of Sexual © The Author(s) 2010 Reprints and permission: http://www. Assualt: An Analysis of Ten sagepub.com/journalsPermissions.nav DOI: 10.1177/1077801210387747 Years of Reported Cases http://vaw.sagepub.com David Lisak1, Lori Gardinier2, Sarah C. Nicksa2, and Ashley M. Cote2 Abstract One of the most controversial disputes affecting the discourse related to violence against women is the dispute about the frequency of false allegations of sexual assault. In an effort to add clarity to the discourse, published research on false allegations is critiqued, and the results of a new study described. All cases (N = 136) of sexual assault reported to a major Northeastern university over a 10-year period are analyzed to determine the percentage of false allegations. Of the 136 cases of sexual assault reported over the 10-year period, 8 (5.9%) are coded as false allegations. These results, taken in the context of an examination of previous research, indicate that the prevalence of false allegations is between 2% and 10%. Keywords false allegations, sexual assault Rape is unique. No other violent crime is so fraught with controversy, so enmeshed in dispute and in the politics of gender and sexuality. For example, despite decades of careful social science research, prevalence rates are still frequently challenged on political grounds, and bold assertions are made in the absence of any data (e.g., MacDonald, 2008; Roiphe, 1993). And within the domain of rape, the most highly charged area of debate concerns the issue of false allegations. -
Scientific Evidence and Prosecutorial Misconduct in the Duke Lacrosse Rape Case Paul Giannelli* the Need for Pretrial Discovery in Criminal Cases Is Critical
Case Western Reserve University School of Law Scholarly Commons Faculty Publications 2009 Scientific videnceE and Prosecutorial Misconduct in the Duke Lacrosse Rape Case Paul C. Giannelli Case Western University School of Law, [email protected] Follow this and additional works at: https://scholarlycommons.law.case.edu/faculty_publications Part of the Evidence Commons, and the Litigation Commons Repository Citation Giannelli, Paul C., "Scientific videnceE and Prosecutorial Misconduct in the Duke Lacrosse Rape Case" (2009). Faculty Publications. 95. https://scholarlycommons.law.case.edu/faculty_publications/95 This Article is brought to you for free and open access by Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Faculty Publications by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. Forensic Science: Scientific Evidence and Prosecutorial Misconduct in the Duke Lacrosse Rape Case Paul Giannelli* The need for pretrial discovery in criminal cases is critical. 1 An advisory note to the federal discovery rule states: "[l]t is difficult to test expert testimony at trial without advance notice and preparation." 2 A defendant's right to confrontation, effective assistance of counsel, and due process often turns on pretrial disclosure. This essay discusses a case that demonstrates this point. What came to be known as the "Duke Lacrosse Case" began with a student party and a false accusation of rape. 3 On March 14, 2006, Crystal Mangum claimed that she had been sexually assaulted at the party. As is common in rape cases, a Sexual Assault Nurse Examiner (SANE) used what is known as a "rape kit" to collect evidence. -
Fortis SE-S2642ACD.MAG
STATE OF NORTH CAROL OF THE WAKE COUNTY CAROLINA STATE BA Plaintiff, AMENDED FINDINGS OF FACT, v. CONCLUSIONS OF LAW AND ORDER OF DISCIPLINE MICHAEL B. NIFONG, Attorney, Defendant. The Hearing Committee on its own motion pursuant to Rule of Civil Procedure 60(a) enters the following Amended Findings of Fact, Conclusions of Law and Order of Discipline in order to correct a factual mistake in Findings of Fact Paragraph 43 of its original Order in this cause, and to add an additional Conclusion of Law (b): A hearing in this matter was conducted on June 12 through June 16, 2007, before a Hearing Committee composed of F. Lane Williamson, Chair, and members Sharon B. Alexander and R. Mitchel Tyler. Plaintiff, the North Carolina State Bar, was represented by Katherine E. Jean, Douglas J. Brocker, and Carmen K. Hoyme. Defendant, Michael 3. Nifong, was represented by attorneys David B. Freedman and Dudley A. Witt. Based upon the admissions contained in the pleadings and upon the evidence presented at the hearing, this Hearing Committee makes, by clear, cogent and convincing evidence, the following FINDINGS OF FACT 1. Plaintiff, the North Carolina State Bar, is a body duly organized under the laws of North Carolina and is the proper party to bring this proceeding under the authority granted it in Chapter 84 of the General Statutes of North Carolina, and the Rules and Regulations of the North Carolina State Bar (Chapter 1 of Title 27 of the North Carolina Administrative Code). 2. Defendant, Michael B. Nifong, (hereinafter "Nifong"), was admitted to the North Carolina State Bar on August 19, 1978, and is, and was at all times referred to herein, an attorney at law licensed to practice in North Carolina, subject to the laws of the State of North Carolina, the Rules and Regulations of the North Carolina State Bar and the Revised Rules of Professional Conduct. -
The Role of Artivism in Exposing the Sexist-Ableist Nexus in Campus Rape Culture
Acts of Public Survival: The Role of Artivism in Exposing the Sexist-Ableist Nexus in Campus Rape Culture Thesis Presented in Partial Fulfillment of the Requirements for the Degree Master of Arts in the Graduate School of The Ohio State University By Tess Elizabeth Cumpstone, MA Graduate Program in Women’s, Gender, and Sexuality Studies The Ohio State University 2018 Thesis Committee: Dr. Guisela Latorre, Advisor Dr. Margaret Price Copyright by Tess Elizabeth Cumpstone 2018 2 Abstract “Acts of Public Survival” analyzes how community-based, anti-rape art projects on college campuses challenge the sexist-ableist rhetorical maneuvers that pathologize survivors and position them as outliers requiring special treatment. This violent rhetoric is evident in messages that have been circulated by prominent public figures, as well as entrenched in the policies and administrative responses addressing sexual violence on college campuses. The impact of such rhetoric is the perpetuation and affirmation of the sub-humanization of survivors of sexual trauma. In this thesis, I put disability studies scholarship in conversation with feminist theories on sexual violence and public art in order to highlight the interconnected history of sexism-ableism in the U.S. and the function of anti-rape art projects as artivist practices on college campuses. Specifically, I will be considering Duke University’s Breaking Out Campaign, the University of Chicago’s Clothesline Project, and Emma Sulkowicz’s Mattress Performance (undertaken at Columbia University). I use grounded theory and discourse analysis to interpret digital articles written in reaction to the art projects and to track three common trends in sexist-ableist campus community responses: the narrative of special treatment, the narrative of pathology, and the narrative of willful ignorance. -
In the Supreme Court of the United States
No. In the Supreme Court of the United States DAVID F. EVANS; COLLIN FINNERTY; READE SELIGMANN, PETITIONERS v. CITY OF DURHAM, NORTH CAROLINA, ET AL. ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT PETITION FOR A WRIT OF CERTIORARI DAVID S. RUDOLF KANNON K. SHANMUGAM RUDOLF WIDENHOUSE Counsel of Record & FIALKO CHRISTOPHER N. MANNING 225 East Worthington JAMES M. MCDONALD Avenue #200 LUKE MCCLOUD Charlotte, NC 28203 WILLIAMS & CONNOLLY LLP 725 Twelfth Street, N.W. RICHARD D. EMERY Washington, DC 20005 ILANN M. MAAZEL (202) 434-5000 EMERY CELLI [email protected] BRINCKERHOFF & ABADY LLP 75 Rockefeller Plaza, 20th Floor New York, NY 10019 QUESTION PRESENTED Whether police officers who conspire with a prosecu- tor to fabricate evidence for subsequent use are immune from liability as a matter of law by virtue of the conspir- ing prosecutor’s decision to use the evidence. (I) PARTIES TO THE PROCEEDING Petitioners are David F. Evans; Collin Finnerty; and Reade Seligmann. Respondents are the City of Durham, North Carolina; David Addison; Patrick Baker; Steven W. Chalmers; Beverly Council; Mark Gottlieb; Benjamin Himan; Ronald Hodge; Jeff Lamb; Michael Ripberger; and Lee Russ. (II) TABLE OF CONTENTS Page Opinions below ................................................................................ 1 Jurisdiction ...................................................................................... 1 Statement ........................................................................................ -
Study Guide Are 1 in 5 Women Raped at College?
STUDY GUIDE ARE 1 IN 5 WOMEN RAPED AT COLLEGE? KEY TERMS: rape assault feminist activist cultural norm epidemic evidence affirmative consent NOTE-TAKING COLUMN: Complete this section during the CUE COLUMN: Complete this section after video. Include definitions and key terms. the video. What is happening to the rate of rape crime in the U.S.? What is the truth about rape culture on college campuses? In the unscientific survey that Vice President Biden cited, who determined the number of respondents that had been victimized? What contributes to the deceptions regarding the topic of a rape culture on college campuses? According the BJS data, who is safer from rape: women in college or women not attending college? WWW.PRAGERU.COM DISCUSSION & REVIEW QUESTIONS: • At the beginning of the video, Miss Kitchens asks, “Are American college campuses “rape cultures?” Are they dangerous places where sexual assaults against women are happening at an alarming rate? According to many feminist activists, academics and politicians, the answer is yes.” How would you answer her questions? What is the evidence to support your answer? Where do you think that activists and the like are getting such an idea that this fictitious problem is real? • To the contrary, Miss Kitchens then states, “…while rape is certainly a serious problem, there is simply no evidence of a national campus rape epidemic, and there’s certainly no evidence that sexual violence is a “cultural norm” in 21st century America. In fact, rates of rape in the US are very low and have been declining for decades.” Considering the glaring lack of evidence for such claims of a rape epidemic, etc…, why do you think that some groups are attempting to promote such a deception? How do you think that such a false narrative fits into their political agenda? • We learn in the video that one result of some ill-informed and misguided people on the subject was that, “At Scripps College, Pulitzer-Prize winning commentator George Will was disinvited from giving a speech. -
Reporting Sexual Assault: a Guide for Journalists
Reporting on Sexual Violence: A guide for journalists Second Edition 1 ©MNCASA 2017 Rape is violence, not “sex.” Reporting on sexual assault means finding not only the language but the context and sensitivity to communicate a trauma that is at once deeply personal and yet a matter of public policy; immediate and yet freighted with centuries of stigma, silence and suppression. Reporting on sexual violence requires special ethical sensitivity, interviewing skills, and knowledge about victims, perpetrators, law and psychology. 1 Dart Center for Journalism and Trauma 0F 2 Why a Guide for Journalists? Journalists play an important role by informing the public about the significant impact of sexual violence in our communities. This guide supports their work by providing: Insights into current trends Examples of major news stories Resources to report on sexual violence with accuracy and sensitivity Sources for statistics and information as background to news stories Contacts for local, state, and national experts on sexual violence The Minnesota Coalition Against Sexual Assault (MNCASA) developed this guide with input from journalists, state and federal administrators, victim/survivor advocates, legal and law enforcement professionals, and educators. Portions of the guide were originally developed by The Michigan Coalition Against Domestic and Sexual Violence (MCADSV) in its 2004 document, Reporting Sexual Assault: A Guide for Journalists. MNCASA gratefully acknowledges MCADSV’s willingness to share sections of its publication for reproduction in this document (cited where used). Thank you to Evelyn Anderson for her copy editing assistance for the first edition. This guide was first published in 2013 and updated in 2017. This project was supported by Grant No. -
The Duke Lacrosse Case and the Blogosphere
07__JOHNSON__CONTRACT PROOF.DOC 11/18/2008 11:42:21 AM THE DUKE LACROSSE CASE AND THE BLOGOSPHERE KC JOHNSON* I INTRODUCTION On December 28, 2006, Durham County District Attorney Mike Nifong filed his initial response to the North Carolina State Bar grievance committee’s complaint that he had unethically withheld exculpatory DNA evidence in the Duke lacrosse case. Nifong concluded his missive with a swipe at the blogosphere: A well-connected and well-financed (but not, I would suggest, well-intentioned) group of individuals—most of whom are neither in nor from North Carolina—have taken it upon themselves to ensure that this case never reaches trial. (And if this seems like paranoid delusion to you, perhaps you should check out websites such as former Duke Law School graduate and current Maryland attorney Jason Trumpbour’s www.friendsofdukeuniversity.blogspot.com/, which has not only called for me to be investigated, removed from this case, and disbarred, but has also provided instructions on how to request such actions and to whom those requests should be sent.)1 A few months earlier, the District Attorney had similarly complained about the blogosphere. Asked in June 2006 by Newsweek reporter Susannah Meadows to comment on the mounting evidence of actual innocence, Nifong replied, “I have seen quite a bit of media speculation (and it is even worse on the blogs) that either starts from a faulty premise or builds to a demonstrably false conclusion. That is not my fault.”2 Nifong was hardly the only prominent figure associated with the case who read the blogs. -
The Duke Rape Case Five Years Later: Lessons for the Academy, the Media, and the Criminal Justice System Dan Subotnik
The University of Akron IdeaExchange@UAkron Akron Law Review Akron Law Journals June 2015 The Duke Rape Case Five Years Later: Lessons for the Academy, the Media, and the Criminal Justice System Dan Subotnik Please take a moment to share how this work helps you through this survey. Your feedback will be important as we plan further development of our repository. Follow this and additional works at: http://ideaexchange.uakron.edu/akronlawreview Part of the Criminal Law Commons, Criminal Procedure Commons, and the Legal Education Commons Recommended Citation Subotnik, Dan (2012) "The Duke Rape Case Five Years Later: Lessons for the Academy, the Media, and the Criminal Justice System," Akron Law Review: Vol. 45 : Iss. 4 , Article 4. Available at: http://ideaexchange.uakron.edu/akronlawreview/vol45/iss4/4 This Article is brought to you for free and open access by Akron Law Journals at IdeaExchange@UAkron, the institutional repository of The nivU ersity of Akron in Akron, Ohio, USA. It has been accepted for inclusion in Akron Law Review by an authorized administrator of IdeaExchange@UAkron. For more information, please contact [email protected], [email protected]. Subotnik: The Duke Rape Case 10- SUBTONIK_MACRO.DOCM 10/12/2012 3:01 PM THE DUKE RAPE CASE FIVE YEARS LATER: LESSONS FOR THE ACADEMY, THE MEDIA, AND THE CRIMINAL JUSTICE SYSTEM Dan Subotnik∗ If engagement is the first step in healing, then the second is pure unadulterated struggle. We will never achieve racial healing if we do not confront one another, take risks. say all the things we are not supposed to say in mixed company. -
Fantastic Allegations Defending the Police Supervisors in the Duke Lacrosse Lawsuits Tricia Shields Hedrick Gardner Kincheloe &A
Fantastic Allegations Defending the Police Supervisors in the Duke Lacrosse Lawsuits Tricia Shields Hedrick Gardner Kincheloe & Garofalo LLP [email protected] Introduction: On March 25, 2006, a story that would soon consume the community and fascinate the nation appeared on the front page of the local newspapers in Raleigh and Durham, North Carolina. Both reported that a young woman – an exotic dancer – had been raped and sodomized by three members of the Duke University lacrosse team, when performing at a party. The dancer was described as the mother of two and a student at North Carolina Central University, a historically African American university in Durham. A neighbor reported that he had seen the woman and another dancer entering the house where the party was held, and when she left a short time later, he heard a man yell at her, "’Thank your grandpa for my cotton shirt.' " Samiha Khanna, Dancer Gives Details of Ordeal, News & Observer, March 25, 2006, at A1. In the following weeks, protests, vigils, and rallies were held on the Duke and NC Central campuses. The lacrosse season was cancelled, and the coach forced to resign. The national media descended onto Durham, where District Attorney Michael Nifong stepped into the limelight, making dozens of inflammatory statements about the case and the players. Nifong subsequently recused himself from the prosecution amidst a State Bar proceeding that resulted in his disbarment, was convicted of criminal contempt for failing to turn over critical evidence in the case, and filed for bankruptcy. Three players were indicted, but were ultimately declared innocent by the North Carolina Attorney General.