Legal Studies Commons^™

Racial Politics In The Contemporary Prison Society: The Importance Of Race And Ethnicity To Prison Social Organization, Arynn A. Infante, Stephanie J. Morse, Chantal Fahmy, Kevin A. Wright

Criminology and Criminal Justice Faculty Publications and Presentations

Prior research documents race and ethnicity as central to how individuals navigate the social and physical space of prisons. Racial segregation persists as a feature of prison life, and in navigating this racialized structure, racial groups construct and enforce a set of racialized norms to govern behavior (i.e., the “racial code”) that reinforce and reify prison racial politics. These processes, however, have remained largely descriptive in nature. Using data from a sample of incarcerated men in Arizona prisons (N = 251), this article extends prior work by operationalizing the concept of the racial code, assessing its dimensionality, distinguishing it from …

Criminal Justice Update - January 2023, Patrick Mahoney

Criminal Justice Updates

The Criminal Justice Update is a monthly newsletter created by the Adams County Bar Foundation Fellow providing updates in criminal justice policy coming from Pennsylvania's courts and legislature as well as the US Supreme Court.

Contents:

• Updates from PA Governor's Office (no updates this month)

• Updates from the PA Legislature (no updates this month)

• Updates from the Courts

  • U.S. Supreme Court: Criminal Law & Procedure (no updates this month)

  • PA Supreme Court: Criminal Law & Procedure (no updates this month)

  • PA Superior Court: Criminal Law & Procedure

Assessing The Construct Validity Of The Mpact-6: Research Brief, Nebraska Center For Justice Research, University Of Nebraska At Omaha, Amber Krushas, Zachary Hamilton, X. Mei

Reports

As needs assessments are comprised of subscales that include non-observable, latent constructs, the comprehensive assessment of these items and scales is essential. Specifically, to ensure these tools are measuring offender needs as intended, their construct validity must be confirmed. The current project used a multi-level, multi-group analysis of the MPACT with a large, 10-state sample of youth. Building on previous work (see Mei et al., 2022), authors confirmed the dimensionality and reliability of the six MPACT needs domains. Beyond this, the reliability and validity of the ‘Global Needs Factor’ was also confirmed. Here, the ‘Global Needs Factor’ or ‘G-Factor’ represents …

“Progressive” Prosecutors And “Proper” Punishments, Benjamin Levin

Scholarship@WashULaw

After decades of relative inattention to prosecutorial elections, academics and activists recently have focused on “progressive prosecutors” as a promising avenue for criminal justice reform. That said, the growing literature on progressive prosecutors reflects little clarity about what makes a prosecutor “progressive.” Recent campaigns suggest disparate visions of how to operationalize “progressive prosecution.” In this chapter, I describe four ideal types of progressive prosecutor: (1) the progressive who prosecutes, (2) the proceduralist prosecutor, (3) the prosecutorial progressive, and (4) the anti-carceral prosecutor. Looking to sentencing policy as a case study, I examine how these different ideal types illustrate different visions …

Determination Of The Trace Elemental Signature Of Drywall Dust And Its Implication As Forensic Evidence, Emilee Holmes

Master of Science in Forensic Science Directed Research Projects

Drywall is found in most homes built in the United States of America because it is cost effective, light weight, and easy to install. Its brittle nature makes it less resistant to impact which can cause dust to form if a force is exerted on it. Airborne dust can settle on anything or anyone around it and can be considered trace evidence for its ability to connect suspects, victims, and scenes; however, this type of dust is not emphasized as trace evidence and is not always collected due to a lack of understanding of their forensic signatures.The seven producers of …

Intersectionality In Leadership: Spotlighting The Experiences Of Black Women Dei Leaders In Historically White Academic Institutions, Natasha N. Johnson

CJC Publications

Due to their multiple identities, Black women navigate gendered and racialized pathways to leadership in the US education industry. The journey for Black women in and en route to positions of academic leadership is even more nuanced and multiplicative. Little, though, is known about the effects of their intersecting identities and the structural barriers they encounter in this sphere. To deepen our communal understanding of this phenomenon, this chapter highlights the existing theories and research on the race-gender dyad in the context of academic leadership. Examining the individual and layered effects of race and gender on the professional realities of …

2023 Annual Campus Security And Fire Safety Report, University Of Nebraska-Lincoln, University Police, University Of Nebraska-Lincoln

University of Nebraska-Lincoln, University Police

2023 Annual Campus Security and Fire Safety Report, University of Nebraska-Lincoln

Safety and security information for the University of Nebraska-Lincoln, including crime and fire statistics for the 2022 calendar year, and the information required by the Drug-Free Schools and Communities Act of 1989. All data are submitted to the United States Department of Education according to law.

Prison Libraries, Intellectual Freedom And Social Justice In Nigeria, Olusegun Adebayo Opesanwo, Oluyomi Abidemi Awofeso Phd

Library Philosophy and Practice (e-journal)

This paper deployed a systematic review to examine prison libraries and intellectual freedom towards attaining social justice in Nigeria. Information resources used cover the periods of 2010 and 2020 to articulate the necessary development in prison libraries, intellectual freedom and social justice in Nigeria. Search engines such as Google scholar, Semantic Scholar, and RefSeek were used to retrieve information and through different queries yielded several results but very few of them were selected to fit in the study due to limited studies directed to address the focus of this study particularly in the Nigeria scenario. Information obtained were subjected to …

Error Aversions And Due Process, Brandon L. Garrett, Gregory Mitchell

Faculty Scholarship

William Blackstone famously expressed the view that convicting the innocent constitutes a much more serious error than acquitting the guilty. This view is the cornerstone of due process protections for those accused of crimes, giving rise to the presumption of innocence and the high burden of proof required for criminal convictions. While most legal elites share Blackstone’s view, the citizen-jurors tasked with making due process protections a reality do not share the law’s preference for false acquittals over false convictions.

Across multiple national surveys, sampling more than 10,000 people, we find that a majority of Americans views false acquittals and …

Perceptions Of Lengthy Sentences For Youth: A Survey Of Michigan Residents, Tarika Daftary Kapur, Aliya Brimbaum, Miguel Murillo

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

From The Legal Literature: Virtual Testimony Post-Covid, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

From The Legal Literature: Examining The Spread Of Plea Bargaining, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

From The Legal Literature: Extraterritorial Jurisdiction Over Abortion, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

From The Legal Literature; Judicial Resistance To New York’S 2020 Criminal Legal Reforms, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

From The Legal Literature: Private Prosecutions, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

Exposing Endo: Labor Abuse And Exploitation On Contractual Workers In The Philippines, Olivia M. Fisher

Pell Scholars and Senior Theses

Article 281 states that workers must be put on a probationary period for 6 months of employment before receiving benefits. ENDO-contracting is the situation where corporations hire workers on 5 to 6-month contracts to avoid paying their workers benefits. This research will be conducted using qualitative data from past research publications, court cases, and interviewing anti-ENDO advocates. The historical summary will explain the origins of this law and how it has progressed into common labor practice. ENDO- contracting disproportionately affects the low-wage workforce and deprives them of regular employee benefits. The lack of these benefits has created poor working conditions …

Judging Better Together: Understanding The Psychology Of Group Decision-Making On Panel Courts And Tribunals, Brian M. Barry Dr

Articles

While the psychological phenomena that affect group decisionmaking have been thoroughly investigated for decades, how these phenomena apply to decision-making by judges on panel courts is under-examined. This article examines the main psychological phenomena of group decision-making, both positive and negative, and considers their implications for panel courts and other groups of professional legal decision-makers such as adjudicators serving on tribunals. This article argues that experimental studies on judges and adjudicators testing the effects of these phenomena would improve understanding of legal decision-making by these groups and could help to devise ways to improve their decision-making processes to reach higher …

The Unabridged Fifteenth Amendment, Travis Crum

Scholarship@WashULaw

In the legal histories of Reconstruction, the Fifteenth Amendment’s drafting and ratification is an afterthought compared to the Fourteenth Amendment. This oversight is perplexing given that the Fifteenth Amendment ushered in a brief period of multi-racial democracy and laid the constitutional foundation for the Voting Rights Act of 1965. This Article helps to complete the historical record and provides a thorough accounting of the Fifteenth Amendment’s text, history, and purpose.

This Article situates the Fifteenth Amendment within the broad array of constitutional provisions, federal statutes, fundamental conditions, and state laws that enfranchised—and disenfranchised—Black men during Reconstruction. This Article then performs …

Reflections On “Personal Responsibility” After Covid And Dobbs: Doubling Down On Privacy, Susan Frelich Appleton, Laura A. Rosenbury

Scholarship@WashULaw

This essay uses lenses of gender, race, marriage, and work to trace understandings of “personal responsibility” in laws, policies, and conversations about public support in the United States over three time periods: (I) the pre-COVID era, from the beginning of the American “welfare state” through the start of the Trump administration; (II) the pandemic years; and (III) the present post-pandemic period. We sought to explore the possibility that COVID and the assistance programs it inspired might have reshaped the notion of personal responsibility and unsettled assumptions about privacy and dependency. In fact, a mixed picture emerges. On the one hand, …

A Narrow View Of Transnational Fiduciary Law, Andrew F. Tuch

Scholarship@WashULaw

Fiduciaries frequently confront transnational situations. Yet, even as people, products, and capital have become more mobile, scholars have until recently given little attention to the transnational dimensions of fiduciary law.

This chapter conceptualizes transnational fiduciary law, a term that marries the fields of fiduciary and transnational law. It identifies two primary understandings of the concept and explores their scope and possible content.

Under the first interpretation of this composite concept, the term transnational qualifies what fiduciary scholars have conventionally understood as fiduciary law. Transnational fiduciary law, on this view, encompasses the application of fiduciary law to transnational problems and situations. …

Court Review: Journal Of The American Judges Association, Vol. 59, No. 4, Eve M. Brank, David Dreyer, David Prince

Court Review: Journal of the American Judges Association

Articles

The Role of the Judge in Establishing a VTC, Mishkat Al Moumin, Judge Gayle Williams-Byers, and Amber Menchio

Prospective Jurors’ Attitudes Toward Voir Dire, Wendy P. Heath and Bruce D. Grannemann

Constitutional Losses and (Some) Statutory Wins for Criminal Defendants: Select Criminal Law and Procedure Cases from the Supreme Court’s 2022-23 Term, Eve Brensike Primus and Mark Rucci

Departments

Editor’s Note, David Prince

President’s Column: The American Judges Association--Making Better Judges Since 1959, and Continuing to Lead the Way! Catherine Carlson

Thoughts from Canada: Publication Bans--The Supreme Court of Canada Considers Their Impact Upon the Conflict between the Open …

A Commentary On Qualified Immunity In The Aftermath Of City Of Tahlequah V. Bond, Delores Jones-Brown, Paul Reck, Richard C. Helfers, Henry F. Fradella

Criminal Justice Faculty Publications and Presentations

In this Article, we argue that the Bond decision continues a line of judicial decisions that make it difficult for plaintiffs to seek civil redress against officers who cause serious injury or death to private citizens. We note that this judicial trend runs counter to public demand for police accountability and thwarts the legislative intent behind the enactment of 42 U.S.C.A. § 1983. We suggest that police practice, policy, standards and training-not judicial opinions ­should govern whether officers will be immune from the conse­quences of their actions, especially in areas where a substantial amount of empirical evidence exists to alert …

Evaluation Of Direct-To-Amplification Cell Lysis Techniques For Forensically Relevant Non-Sperm Cells, Rhea Arya

Master of Science in Forensic Science Directed Research Projects

While efforts have been made to reduce the pervasive backlog of sexual assault evidence collection kits, the actual laboratory process remains very time-consuming due to the requirement of a differential lysis step before DNA purification, as well as intricate mixture analysis towards the end of the DNA workflow. Previous work in the Dawson Green laboratory at VCU has developed alternative solutions for differential extractions with sexual assault samples using both an in-tube and microdevice assay. Prior work led to the identification of an alternative sperm lysis method – alkaline lysis using 1M NaOH. However, the current lysis method used for …

Optimization Of Microfluidic Device Methodology For Optical Trapping Epithelial Cells In A Mixture, Brittney N. Hackworth

Master of Science in Forensic Science Directed Research Projects

Evidence containing biological mixtures can make DNA interpretation more difficult due to ambiguous allele calls and artifacts that may be present within electropherograms. Separating out these cell mixtures can be advantageous to the analysts’ analysis methods for identifying STR profiles with higher accuracy. A potential cell separation method that could be implemented in the beginning of the forensic DNA workflow is optical trapping.

This research utilized a 5W ytterbium linearly polarized laser split into two optical traps, paired with a microfluidic device to isolate spermatozoa and vaginal epithelial cells from a 1:1 mixture of vaginal fluid and 1:20 diluted seminal …

Analysis Of Forensic Relevant Cell Mixtures Using Cellular Autofluorescence And Fluorescence Activated Cell Sorting (Facs), Shayla Smith

Master of Science in Forensic Science Directed Research Projects

Biological mixtures containing DNA from more than one contributor can make DNA profile interpretation challenging, especially for ‘touch’ or trace biological evidence. One approach to improve this is by differentiating cell populations from separate individuals prior to DNA profiling by utilizing intrinsic features of cells such as size, shape, and biochemical profiles. The goal of this study was to develop a new method for detecting and separating contributor populations in biological mixture samples using flow cytometry, a rapid and non-destructive approach with an unexplored potential for forensic casework. To accomplish this, two different mixture systems were investigated (1) mixtures containing …

Investigation Into The Relationship Between Dna Content And Dna Yield Prediction And Presence Of A Multiple Contributor Cell Population In Trace Dna, Sarah Holton Roisch

Master of Science in Forensic Science Directed Research Projects

Due to advancements in DNA analysis technology and an increased ability to detect trace quantities of low template DNA, ‘touch’ or trace DNA has become a prevalent form of evidence for forensic investigations. Trace DNA is biological material left on a surface from skin cells after being touched or handled. The success rate of casework could be improved with new methods to non-destructively screen trace DNA to predict DNA yield and whether multiple cell populations are present in the evidence prior to STR analysis. Current methods of trace DNA analysis require quantifying the sample with qPCR followed by STR analysis, …

Horizontal And Vertical Transmission Of Microbes Associated With Blow Flies Of Forensic Importance, Gabrielle Alisa Burton

Master of Science in Forensic Science Directed Research Projects

Entomological and microbiological evidence can be used in the estimation of postmortem intervals (PMI). This study observes the horizontal and vertical transmission of the microbial community associated with blow flies of forensic importance. Variable region four (V4) of the 16S ribosomal DNA (16S rDNA) was amplified and sequenced from various life stages of blow flies (n=72) using dual-index high throughput sequencing strategy on the MiSeq FGx platform. No significant difference in bacterial community structure was observed between blowfly adults with carrion access and blowfly adults with no carrion access. Dysgonomonas, unclassified Proteobacteria, Escherichia, Ignatzschia, Providencia, …

Morphological And Autofluorescence Signatures For The Identification Of Vaginal Cells In Mixture Samples Containing Saliva And/Or Epidermal Cells, Hannah L. Burden

Master of Science in Forensic Science Directed Research Projects

In forensic casework the identification of body fluids at a crime scene can frequently play an important role in reconstructing the events that occurred. There are several bodily fluid identification methods to characterize unknown stains recovered as evidence. However, there has not been a reliable method for detecting the presence vaginal cells and/or differentiate it from other forensically relevant tissue types that may be recovered from a crime scene. The detection of vaginal fluid is important for forensic casework due to the abundance of sexual assault kits that are not only backlogged but continue to be submitted to the lab …

Comparison Of Cell Counts To Dna Yield In Mock Biological Evidence Samples, Jacob Sewell

Master of Science in Forensic Science Directed Research Projects

The implementation of rapid DNA analysis systems is of interest to forensic DNA casework, as this technology exhibits a sample-to-profile time of approximately two hours with limited handling of samples. This decreases the likelihood of contamination, and can potentially reduce DNA backlogs; however, current rapid DNA analysis systems do not execute one crucial step of the forensic DNA analysis workflow: human DNA quantitation. This step is necessary for DNA profiles to be compliant with the FBI’s Quality Assurance Standard 9.4, allowing DNA profiles to be uploaded and searched within the CODIS database. Coupling traditional qPCR methods with rapid DNA analysis …

Development And Validation Of Microrna Markers For Forensic Body Fluid Identification Using Rt-Qpcr, Jane Goble

Master of Science in Forensic Science Directed Research Projects

Body fluid identification is one of the first and most fundamental steps in the forensic DNA workflow. It allows analysts to determine where a sample might exist on an item of evidence, as well as the type of sample that they are dealing with. However, current serological methods have been documented to produce false or inaccurate results in some cases, and may consume large amounts of sample during processing. Molecular methods, such as the use of microRNA and microbial profiles have been introduced as a means to increase specificity of testing, and have even been combined into a singular assay …