Digital Commons Network^™

Nebraska Sex Offender Registry Study: Interim Report, Ryan E. Spohn

Reports

Sexual victimization is of great concern to the public, as evidenced by the legislative attention it has received over the last twenty years (Adkins, Huff, and Stageberg 2000; Levenson 2006; Sample and Kadleck 2008; Schram and Milloy 1995; Walker et al. 2005; Zevit 2006). To help increase public safety and address public concern, corrections departments nationwide have adopted some form of risk classification and assessment instrument for offenders who have been convicted of sex crimes (Richardson and Huebner 2006). Some of the most popular risk assessment instruments include the STATIC 99, RRASOR, MnSOST, SORAG, and ASRS (Richardson and Huebner 2006; …

Unintended Consequences: The Impact Of The Court's Recent Cases On Structural Ineffective Assistance Of Counsel Claims, Lauren D. Sudeall

Vanderbilt Law School Faculty Publications

Advocates seeking indigent defense reform have often relied on civil litigation to prospectively enforce the Sixth Amendment right to counsel and to attack structural deficiencies of indigent defense systems-such as under- funding-that are likely to lead to system-wide ineffective assistance. Although the United States Supreme Court has addressed myriad aspects of postconviction ineffective assistance of counsel claims made in the criminal context, particularly in the last decade or so,' many of these cases have had little direct bearing on the way in which advocates have attempted to enforce the Sixth Amendment in the civil context. The Supreme Court has never …

Rational Criminal Justice, Andy Brunner-Brown

GGU Law Review Blog

No abstract provided.

My Professor Is Hot! Correlates Of Ratemyprofessors.Com Ratings For Criminal Justice And Criminology Faculty Members, Richard R. Johnson, Angela D. Crews

Criminal Justice Faculty Research

RateMyProfessors.com” ratings of the easiness, helpfulness, clarity, overall quality, and “hotness” of 407 criminal justice and criminology faculty members from across the United States were collected. Data were analyzed to determine what faculty characteristics determined these ratings. Experience working in the criminal justice field predicted higher ratings, while years of teaching experience was predictive of lower ratings. After controlling for instructors easiness and “hotness” ratings, the instructors’ ascribed characteristics (such as race and sex) explained the greatest proportion of variance in clarity, helpfulness, and overall quality scores. Professional characteristics, such as years of experience, publication rate, and possession of a …

Defending Those People, Abbe Smith

Georgetown Law Faculty Publications and Other Works

Many practitioners and scholars have written perceptively about the motivations of criminal defenders. Some have written eloquently. I have my own body of work on this and related questions.

This essay is about why the author has devoted her professional career--her life--to defending people most of society would just as soon banish and forget. After nearly thirty years of criminal law practice, her reasons are such a part of her that they are nearly inarticulable. The author is a criminal defender in her soul. She also has been teaching and writing about criminal defense for almost as long as she …

What Use Are Legal Academics?, Roger Fairfax

Presentations

No abstract provided.

Our Broken Misdemeanor Justice System: Its Problems And Some Potential Solutions, Eve Brensike Primus

Articles

Although misdemeanors comprise an overwhelming majority of state criminal court cases, little judicial and scholarly attention has been focused on how misdemeanor courts actually operate. In her article, Misdemeanors, Alexandra Natapoff rights this wrong and explains how the low-visibility, highly discretionary decisions made by actors at the misdemeanor level often result in rampant discrimination, incredible inefficiency, and vast miscarriages of justice. Misdemeanors makes a significant contribution to the literature by refocusing attention on the importance of misdemeanor offenses and beginning an important dialogue about what steps should be taken going forward to fix our broken misdemeanor justice system.

What's Best For Women: Examining The Impact Of Legal Approaches To Prostitution In Cross-National Perspective And Rhode Island, Malinda Bridges

Honors Projects

This research analyzes legal approaches to prostitution on a cross-national level in order to determine if legal methods that regulate prostitution have an effect on prostitution. In order to examine these concepts, legel approaches were first identifed in the United States, Germany, the Netherlands, and Sweden. Following this analysis, the effects of these legal approaches are reported. Instead of working from a strictly sociological standpoint, this project focused greatly on the legal aspects that affect prostitution.

Perceived Job Readiness Among The Previously Incarcerated, Amy Audet

Honors Projects

This study aims to determine the primary factor in employment readiness for previously incarcerated individuals. Ex offenders were were surveyed for job readiness using a scale developed in the studies' literature review. This scale emcompasses factors such as skills, knowledge, confidence and goals. Surveys were also done according to age, age of first incarceration, incarceration history and job training history. Because this population is marginalized, this study may bring new awareness about the effects of employer discrimination and the need for future programs to increase job readiness among the previously incarcerated individuals.

23,639 Milwaukee County Residents With Driver's License Suspensions Solely For Failure To Pay Fines And Civil Forfeitures, John Pawasarat

ETI Publications

Thousands of adults in Milwaukee County have suspensions placed on their driver’s licenses solely for not paying fines and civil forfeitures. Younger teens may be issued license suspensions for failure to pay fines and civil forfeitures even though they have never had a driver’s license. Many teens and adults with suspensions continue to drive with or without a valid license. For this report the driver license status of all Milwaukee County residents was reviewed using state Department of Transportation records on driver’s license status, licenses suspension and revocation records for 2008-2011 in order to assess the driver status facing workers …

Suspension And Revocation Status Report For Milwaukee County, John Pawasarat

ETI Publications

Driver’s license suspension and revocation records were analyzed for Milwaukee County residents using a series of data files from the Wisconsin Department of Transportation. Notable changes were observed in number and patterns of charges. The elimination of mandatory revocations for OAR (operating after revocation) charges, a policy reform initiated by the Center for Driver’s License Recovery & Employability, reduced the number of OAR revocations from 10,124 in 2009 to 64 in 2011. The legislative reforms also led to a very large reduction in revocations for OWS (operating while suspended), which dropped from 5,815 revocations issued in 2009 down to 130 …

Drivers License Status Report For Milwaukee County Presentation, Lois M. Quinn, John Pawasarat

ETI Publications

Presentation for the Center on Driver's License Recovery & Employability biennial meeting tracks changes in state suspension and revocation policies.

First Year Evaluation Of The Legal Action Of Wisconsin Disabled Offenders Economic Security (Does) Project Conducted For The Wisconsin Department Of Corrections, John Pawasarat, Lois M. Quinn

ETI Publications

Among the most challenging populations released from Wisconsin Department of Corrections institutions are offenders with serious mental and physical disabilities that impede their ability to hold gainful employment and present serious mental and physical health conditions often requiring medications and continuing medical care. The Disabled Offenders Economic Security (DOES) Project offered assistance to prison inmates who have serious mental health and disability conditions prior to their release from DoC institutions. Legal Action of Wisconsin attorneys served as benefit specialists helping soon-to-be-released disabled offenders acquire Supplemental Security Income, Social Security Disability Income, medical assistance, and other public benefits for which they …

Drivers License Status Report For Milwaukee County, John Pawasarat, Lois M. Quinn

ETI Publications

The University of Wisconsin-Milwaukee Employment and Training Institute reviewed the driving records of 629,222 Milwaukee County residents in the Department of Transportation files, including drivers with current licenses as of January 1, 2012 plus unlicensed residents who received suspensions and revocations from 2009 through 2011. This report details the driving status of county residents in order to identify problems in licensing, suspensions and revocations. Prior ETI reports have shown the driver license to be essential for getting and keeping employment and exceeding high school completion as a predictor of sustained employment.

Play Fair With Recidivists, Richard Dagger

Political Science Faculty Publications

Retributivists thus face a difficult challenge. Either we must go against the social grain, and perhaps our own intuitions, by insisting that a criminal offense carry the same penalty or punishment no matter how many previous convictions an offender has accrued; or we must find a way to justify the recidivist premium. I shall take the second route here by arguing that recidivism itself is a kind of criminal offense. In developing this argument, I shall rely on Youngjae Lee's insightful analysis of "recidivism as omission." I shall complement his analysis, however, by grounding it in a conception of criminal …

Edward Byrne Memorial Justice Grant, Nebraska Strategic Plan, 2012-2015, Ryan E. Spohn, Melissa Gray, Mike Behm, Lisa Stamm

Reports

The Consortium for Crime and Justice Research (CCJR) at the University of Nebraska at Omaha was tasked by the Nebraska Commission on Law Enforcement and Criminal Justice to facilitate the development of a three-year strategic plan for the use of Edward Byrne Memorial Justice Assistant Grant (JAG) funds. The Crime Commission serves as the State Administering Agency that is responsible for funding projects that fit into one or more of the seven JAG purpose areas: law enforcement programs; planning, evaluation, and technology improvement programs; prevention and education programs; drug treatment and enforcement programs; corrections and community corrections programs; prosecution and …

Reducing Courts’ Failure-To-Appear Rate By Written Reminders, Brian H. Bornstein, Alan J. Tomkins, Elizabeth M. Neeley, Mitchel N. Herian, Joseph A. Hamm

Alan Tomkins Publications

This article examines the effectiveness of using different kinds of written reminders to reduce misdemeanor defendants’ failure-to-appear (FTA) rates. A subset of defendants was surveyed after their scheduled court date to assess their perceptions of procedural justice and trust and confidence in the courts. Reminders reduced FTA overall, and more substantive reminders (e.g., with information on the negative consequences of FTA) were more effective than a simple reminder. FTA varied depending on several offense and offender characteristics, such as geographic location (urban vs. rural), type of offense, and number of offenses. The reminders were somewhat more effective for Whites and …

"The Good Mother": Mothering, Feminism, And Incarceration, Deseriee A. Kennedy

Scholarly Works

As the rates of incarceration continue to rise, women are increasingly subject to draconian criminal justice and child welfare policies that frequently result in the loss of their parental rights. The intersection of an increasingly carceral state and federally imposed timelines for achieving permanency for children in state care has had a negative effect on women, their children, and their communities. Women, and their ability to parent, are more adversely affected by the intersection of these gender-neutral provisions because they are more likely than men to be the primary caretaker of their children. In addition, incarcerated women have higher rates …

Are Prosecutors Born Or Made?, Abbe Smith

Georgetown Law Faculty Publications and Other Works

In more than thirty years of criminal law practice--from public defender in Philadelphia to professor running a criminal law clinic in New York, Boston, and DC--the author has had countless encounters with prosecutors and countless conversations. Early in her career, the encounters and conversations were noteworthy--something to rail about back at the office, or to "dine out on" with friends. Soon enough they became commonplace, not even worthy of mention, just the way things were. But the author felt it important to pick a few examples and talk about them.

Prosecutors And Bargaining In Weak Cases: A Comparative View, Jenia I. Turner

Faculty Journal Articles and Book Chapters

One of the most controversial uses of prosecutorial discretion in plea bargaining concerns cases involving weak evidence of guilt. When a prosecutor bargains about the charges or even the facts in a case with weak evidence, at least three problems may arise. First, if the charge bargain is generous, it may coerce an innocent defendant to plead guilty. Second, such a bargain may let a guilty defendant off too easily, thus disserving the public and victim’s interests. Third, if the parties bargain about the facts, the result may distort the truth of the case.

In this book chapter, I examine …

Frye And Lafler: No Big Deal, Gerard E. Lynch

Faculty Scholarship

The only surprise about the Supreme Court’s recent decisions in Missouri v. Frye and Lafler v. Cooper is that there were four dissents. The decisions are straightforward recognitions that the defendants in those cases received unquestionably derelict representation, to their considerable prejudice. The decisions do not represent a novelty in the law, but rather continue the longstanding recognition by the courts that “plea bargaining” is an integral part of our criminal justice system – indeed, I have argued at length that it is our criminal justice system – and that minimal competence of defense lawyers in dealing with that process …

Overcriminalization For Lack Of Better Options: A Celebration Of Bill Stuntz, Daniel C. Richman

Faculty Scholarship

The unity of Bill Stuntz's character – his profound integrity – makes it easy to move from a celebration of his friendship (which I’ve treasured since we first met back in 1985) to one of his scholarship, for creativity, wisdom, and humility are strengths not just of Bill himself but of his work. Even as his broad brush strokes have fundamentally advanced our understanding of the interplay between substantive criminal law, criminal procedure, and criminal justice institutions over time, Bill's work – like Bill himself – welcomes and endures sustained engagement. Humility is appropriate for me, too, as I offer …

Constitutional Limits On The Right Of Government Investigators To Interview And Examine Alleged Victims Of Child Abuse Or Neglect, Teri Dobbins Baxter

Scholarly Works

Investigating allegations of child abuse or neglect presents unique challenges, particularly if parents or guardians are the alleged perpetrators. Those accused of harming the children are in a position to prevent the victims from getting access to the help they need to escape their abuser(s). The courts have not clearly defined the federal constitutional boundaries of searches and seizures in this context. The Supreme Court, in particular, has not weighed in on the constitutionality of warrantless searches and seizures in connection with abuse and neglect investigations. This lack of Supreme Court guidance has led to unpredictable and sometimes conflicting opinions …

Keynote: The Crisis And Criminal Justice, Bernard Harcourt

Faculty Scholarship

There has been a lot of recent debate over whether the economic crisis presents an opportunity to reduce prison populations and improve the state of criminal justice in this country. Some commentators suggest that the financial crisis has already triggered a move towards reducing the incarcerated population. Some claim that there is a new climate of bipartisanship on punishment. Kara Gotsch of the Sentencing Project, for example, suggests that we are now in a unique political climate embodied by the passage of the Second Chance Act under President George W. Bush – a climate that is substantially different than the …