Digital Commons Network^™

Effect Of Incarceration On Prisoners Diagnosed With Mental Health Conditions: Trauma, Treatment, And Transitioning, Ingria S. Haywood

Doctoral Dissertations and Projects

A mental illness is a medical disorder that affects a person’s behavior, thoughts, and emotions. It also has an impact on social and cognitive functions. Misuse of substances, biological factors, or abuse, whether as a victim or a bystander to repeated abuse, are all variables that contribute to mental illness. The prevalence of mental illness among incarcerated prisoners is alarming, and it is nondiscriminatory in that it affects both men and women. Several variables contribute to inmates’ susceptibility to mental health problems. Anxiety disorders, depression as a mood disorder, dementia, and schizophrenia are examples of these. A diagnosis of mental …

The Georgian Case For Harmless Constitutional Error Reform, John Evan Laughter

Georgia State University Law Review

This Note examines Georgia’s application of harmless error review to constitutional errors and proposes a new standard to remedy deficiencies.

“No Superior But God”: History, Post Presidential Immunity, And The Intent Of The Framers, Trace M. Maddox

Washington and Lee Law Review Online

This essay is directly responsive to one of the most pressing issues currently before the courts of the United States: the question of whether former Presidents enjoy immunity from criminal prosecution for acts they committed in office. Building upon the recent ruling of the United States Court of Appeals for the D.C. Circuit in United States v. Trump, 91 F.4th 1173 (D.C. Cir. 2024) this essay argues that the clear answer to that question is a resounding “no”.

Former President Trump, who has now appealed the D.C. Circuit’s ruling to the Supreme Court, contends that post-presidential criminal immunity is …

Criminal Justice: Racial Equity In United States Of America, Glenn Bass

Helm's School of Government Conference - American Revival: Citizenship & Virtue

The purpose of this paper is to provide the reader with a spiritual sense of awakening as it pertains to a revelation of the human spirit. A revival, or improvement in the condition of any individual or social infrastructure will re-establish citizenship and further restore virtue within the United States of America. Researchers have articulated that our criminal justice system is broken through police retention/recruitment, lack of resources, ineffective prosecution and public defenders, sentencing disparities, and lack of understanding of the socioeconomic status of the criminal or violent offender. These issues are subtopics underneath the umbrella of racial equity. The …

Law School News: Leadership And Vision: Jonte T. Mckenzie L'24, Michelle Choate

Life of the Law School (1993- )

No abstract provided.

Providing Incarcerated Youth With A Community Of Their Peers, Providing Resources, And Modeling Healthy Attachment May Lead To Prosocial Behaviors, Emilee Brnusak

University Honors Theses

This thesis examines the connection between gang activity and attachment style. A summary of literature suggests that childhood attachment injuries lead to antisocial, maladaptive relationships and neurological changes that impact executive functioning and emotional regulation. These factors leave youth at higher risk of gang membership. This thesis then explores how an outreach experience at the MacLaren Youth Correctional Facility inspired a large-scale intervention called Resources for Attachment-injured Youth (RAY) that could be implemented in youth prisons across the country.

Neuropsychological Malingering Determination: The Illusion Of Scientific Lie Detection, Chunlin Leonhard, Christoph Leonhard

Georgia Law Review

Humans believe that other humans lie, especially when stakes are high. Stakes can be very high in a courtroom, from substantial amounts of monetary damages in civil litigation to liberty or life in criminal cases. One of the most frequently disputed issues in U.S. courts is whether litigants are malingering when they allege physical or mental conditions for which they are seeking damages or which would allow them to avoid criminal punishment. Understandably, creating a scientific method to detect lies is very appealing to all persons engaged in lie detection. Neuropsychologists claim that they can use neuropsychological assessment tests (Malingering …

We(Ed) Hold These Truths To Be Self Evident: All Things Cannabis Are Inequitable, Garrett I. Halydier

University of Massachusetts Law Review

Current approaches to social equity in the cannabis industry continue to fail to promote racial equity while simultaneously exacerbating gender, environmental, and other inequities. To better understand the structural dynamics underlying this phenomenon, I first present a multi-disciplinary recounting of not only the racial inequities, but also the stigma, business, research, energy, sex and gender, hemp, and international inequities of the War on Drugs. This serves as the foundation for a compilation of the structural and theoretical reasons for how current social equity policies, whether targeting the cannabis industry, community reinvestment, social justice, or access equity, will only continue to …

The Reckless Tolerance Of Unsafe Autonomous Vehicle Testing: Uber's Culpability For The Criminal Offense Of Negligent Homicide, Helen Stamp

Journal of Law, Technology, & the Internet

When Elaine Herzberg was struck and killed by an Uber autonomous vehicle on a public road in Arizona in 2018, sole criminal responsibility fell on the Uber employee operating the vehicle. Uber escaped all criminal accountability despite evidence of flawed vehicle technology and Uber’s non-existent safety culture. This lack of accountability is confronting given that legislators and courts in Arizona, and in other States, have consistently supported criminal sanctions for corporations who are culpable for the offense of negligent homicide.

The criminal proceedings against the Uber vehicle operator were settled in July 2023, closing off the court’s ability to consider …

Progressive Facade: How Bail Reforms Expose The Limitations Of The Progressive Prosecutor Movement, Sarah Gottlieb

Washington and Lee Law Review

Progressive prosecutors have been acclaimed as the new hope for change in the criminal legal system. Advocates and scholars touting progressive prosecution believe that progressive prosecutors will use their power and discretion to address systemic racism and end mass incarceration. Just as this hope has arisen, however, so have concerns that meaningful change cannot be enacted within the criminal system by the very actors whose job it is to incarcerate. This Article highlights these concerns by looking at the bail reforms enacted by four different progressive prosecutors and analyzes the initial promises made, the actions taken to reform and eliminate …

Shades Of Justice: Exploring Colorism In The Hispanic Community And Its Legal Battle For Equity, Christel A. Infante

Honors Undergraduate Theses

This thesis focuses on the racial disparity within the Hispanic and Latinx communities as injustices exist within the community and the workplace. Racial disparities in the United States have been a persistent and deeply rooted issue that has plagued the nation for centuries. Despite significant progress in civil rights and anti-discrimination legislation, disparities in areas such as education, employment, and criminal justice persist. Understanding the factors contributing to these disparities is essential for addressing systemic inequalities and fostering a more just society. The analysis of this thesis primarily focuses on the cases and ramifications of Hispanic persons within the workplace, …

A Phenomenological Approach: How Hopelessness Affects Achievement In The Areas Of Socio-Economic, Criminality, And Educational Success Within The African American Community, Shawn A. Parker

Doctoral Dissertations and Projects

This phenomenological study was designed to examine how the concept of hope or lack thereof has an impact on the negative discrepancies in the areas of education, criminal behavior, and socio-economic status among African Americans as it compares to Whites. There may be other ethnicities who have significant inconsistencies as well, but for the sack of this study, the comparisons were primarily among African Americans and Whites. The theory guiding this study is the psychodynamic approach. This approach was guided by Sigmond Freud’s desire to understand human behavior; provided a path to studying the events of the past and present …

Law Library Blog (November 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Accessing Justice With Professor S: Prosecution V. Defense Edition, Katie Hall

Law Comics Collection

An exploration of government funding for prosecution and defense services in the area of criminal law. The comic includes visualized data to illustrate disparities in access to justice for criminal law matters, even where there is a guaranteed right to representation.

You're Out Of Luck, Katy Knuckles

Law Comics Collection

This comic highlights the stark differences individuals face within the U.S. legal system. It presents a case involving both criminal and civil aspects. While individuals are entitled to legal representation in criminal proceedings, the same guarantee doesn't exist to civil cases. So, if someone uses their money for a lawyer in a criminal case, they might not have any left for the civil case, even though both cases are related.

Barrock Lecture: Democracy In The Criminal Justice System: An Assessment, Carissa Byrne Hessick

Marquette Law Review

None.

Investigation Of Information Security Incidents In The Enterprise, Fayzullajon Botirov

Chemical Technology, Control and Management

This article analyzes the concept of investigating information security incidents and the processes of responsibility for their commission, checking the place where the incident occurred, collecting and storing their data, as well as organizing the investigation of information security incidents at the enterprise.

Criminal Law—Federal Conspiracy Law—Changing The Withdrawal Standard For Members Of A Conspiracy, Matthew N. Rose

University of Arkansas at Little Rock Law Review

No abstract provided.

Removing A Log From The Nation’S Eye: A National Self-Analysis Of The Domestic Terrorism Question, Katherine R. Doan

Helm's School of Government Conference - American Revival: Citizenship & Virtue

Terroristic values are easy to be ascribed to foreign enemies, but it is far more difficult to admit that domestic citizens could be extremist to the point of being labeled a terrorist. Terrorists are not born; they are made. The following research focuses on the commonalities of upbringing in known domestic terrorists within the United States of America that may reveal noticeable similarities in education, radicalization, and identity. The criminal justice system has yet to discover a perfect method of administering retribution to terrorists. While they have broken the law, their intentions and results are not the same as an …

Forced To Play And Forced To Pay: The Indigent Counsel Fee In Massachusetts As A Cost Of Being Charged With A Crime, Stanislaw Krawiecki

University of Massachusetts Law Review

When indigent defendants in Massachusetts are charged with a crime and receive a court-appointed lawyer, they are also charged something else: a fee. This $150 fee is imposed on criminal defendants by the state as soon as they receive a constitutionally guaranteed "free" legal defense. The Article focuses on this inherent contradiction and identifies its far-reaching effects in undermining individuals’ constitutional protections. Massachusetts’s indigent counsel fee "chills" the right to counsel, creating a straightforward result for indigent individuals who are faced with a choice between paying for a "free" lawyer and not disclaiming their constitutional right to one. The deeper …

Immigration Law's Missing Presumption, Fatma Marouf

Faculty Scholarship

The presumption of innocence is a foundational concept in criminal law but is completely missing from quasi-criminal immigration proceedings. This Article explores the relevance of a presumption of innocence to removal proceedings, arguing that immigration law has been designed and interpreted in ways that disrupt formulating any such presumption to facilitate deportation. The Article examines the meaning of “innocence” in the immigration context, revealing how historically racialized perceptions of guilt eroded the notion of innocence early on and connecting the missing presumption to persistent associations between people of color and guilt. By analyzing how a presumption of innocence is impeded …

Law School News: Joyce And Bill Cummings Of Cummings Foundation To Deliver Keynote Address At Rwu Commencement 4-20-2023, Jill Rodrigues

Life of the Law School (1993- )

No abstract provided.

Survey On Current Interventions For Childhood Problem Behavior And Their Link To Future Criminal Behavior, Jada N. Stevens

Honors College Theses

Criminal behavior is a prevalent concern for many communities. As such, researchers and clinicians often look for core causes of criminal behavior to address them early. Some theorize that childhood problem behavior is a common predictor of adult criminal behavior. As a result, emphasis is often placed on addressing childhood problem behavior early in order to prevent future criminal behavior. The current study explores the link between childhood problem behavior and adult criminal behavior. Specifically, we will look at how middle school teachers are addressing childhood problem behavior and how that relates to future predictions of criminal behavior. Data will …

Law School News: A Voice For Justice 3-1-2023, Janine L. Weisman, Roger Williams University School O Law

Life of the Law School (1993- )

No abstract provided.

No Sense Of Decency, Kathryn E. Miller

Washington Law Review

For nearly seventy years, the Court has assessed Eighth Amendment claims by evaluating “the evolving standards of decency that mark the progress of a maturing society.” In this Article, I examine the evolving standards of decency test, which has long been a punching bag for critics on both the right and the left. Criticism of the doctrine has been fierce but largely academic until recent years. Some fault the test for being too majoritarian, while others argue that it provides few constraints on the Justices’ discretion, permitting their personal predilections to rule the day. For many, the test is seen …

Law School News: Rwu Law Names Judge Brian Stern As Chair Of Board Of Directors, Jill Rodrigues

Life of the Law School (1993- )

No abstract provided.

2023 Champions For Justice 1-27-2023, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Law Library Blog (February 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Changemakers: The Long Road To The Law : Kiron Ireland, Michelle Choate

Life of the Law School (1993- )

No abstract provided.

Confrontation, The Legacy Of Crawford, And Important Unanswered Questions, Paul F. Rothstein, Ronald J. Coleman

Georgetown Law Faculty Publications and Other Works

This is a short piece for the University of Michigan Journal of Law Reform as part of its 2024 Symposium on “Crawford at 20: Reforming the Confrontation Clause.” The piece's purpose is to highlight certain important questions left unanswered by Crawford v. Washington and subsequent confrontation cases.