Digital Commons Network^™

Incrimination Of Carlton Lewis, Kaia L. Fox

SACAD: Scholarly Activities

On February 7, 1990, Cheryl Coleman was found dead in her apartment, sexually assaulted and beaten to death with a 2x4 piece of wood. Carlton Lewis became one the of few suspects in the case. Despite providing a statement that he was at his home at the time of the murder and the word of his wife, a suspect named William McKee was interviewed and said he saw Lewis go to a house on the corner of the street with Coleman. After McKee was interviewed, Lewis, who was illiterate at the time, was forced into a false confession by being …

25 Years For A Crime He Didn’T Commit: Anthony Wright, Caleb D. Purvis

SACAD: Scholarly Activities

Anthony Wright was found guilty of the rape and murder of an elderly woman in 1991 in Philadelphia. He was then convicted in 1993 (Kaur, 2020). Anthony Wright spent the next 25 years in prison before becoming the 344th person to be exonerated by DNA in the US (Innocence Project, 2025). Upon the re-examination of the evidence found at the crime scene, a new suspect was identified, but had already passed away, preventing any criminal charges from being filed against them. Anthony Wright also filed a civil lawsuit on January 17, 2017, after his exoneration (Wright v. Philadelphia, 2017).

Examining The Evidence: The Case Of Marcellus Williams And The Pursuit Of Justice, Star Parham

SACAD: Scholarly Activities

The case of Marcellus Williams, the case of a Missouri man killed on death row, has sparked many legal and ethical concerns. Those concerns are wrongful convictions, forensic evidence, and the orchestration of the death penalty in the United States. Willimas was convicted in 2001 for the murder of Felicia Gayle based on evidence of circumstances and testimony from informants. Despite all of that Missouri officials pursued the execution, and he was killed.

Murder On The Plains: The Murdock Farmhouse Slayings, Tatum L. Sander

SACAD: Scholarly Activities

On April 17, 2006, Wayne and Sharmon Stock were murdered in Murdock, Nebraska, shocking the community. The investigation was complicated by wrongful arrests and mishandled evidence. Initially, Matthew Livers, the victims’ nephew, and his cousin Nicholas Sampson were wrongfully accused after Livers gave a false confession during an 11-hour interrogation. There was no physical evidence linking them to the crime, and the case relied on a fabricated blood sample. However, forensic evidence later revealed that the real killers were Jessica Reid and Gregory Fester, two teenagers from Wisconsin. Livers' confession was deemed unreliable due to his low IQ and the …

From Theory To Practice: A True-Crime Podcast, Lauren V. Peckham

Senior Honors Projects

The Criminal Element is an innovative, victim-centered podcast that bridges the gap between criminological theory and real-world criminal cases. The podcast is designed as an educational resource for undergraduate Criminology and Criminal Justice students, alongside general audience members interested in learning more about criminological theory. Through the lens of true crime, this podcast is an engaging exploration of foundational and advanced theories while avoiding sensationalism and exploitation, a prevalent problem among true crime media. Each episode connects criminological theoretical concepts – such as strain, social learning, and social disorganization – to contemporary and historical cases, providing listeners with accessible and …

Christopher Tapp, Haley Schoenberger

SACAD: Scholarly Activities

Christopher Tapp was wrongfully convicted for the murder and rape of 18-year-old Angie Dodge and the use of a deadly weapon in Idaho. This took place in 1996. This highlights the damages and dangers of coerced confessions and failures within the criminal justice system. Tapp was convicted even though there was no physical evidence linking him to the crime. He was sentenced to 30 years to life because of a confession extracted by the police’s interrogation and a false witness statement. The DNA at the scene did not match Chris but he was still imprisoned for 20 years. In 2019, …

De-Policing: An Updated Empirical Analysis Of Crime And Federal Police Reform, Griffin Edwards, Stephen Rushin

Washington and Lee Law Review

This Article builds on prior work by empirically analyzing the effect of federal intervention in local police departments on crime and clearance rates, using updated data and methodologies.

Congress passed 34 U.S.C. § 12601 (formerly 42 U.S.C. § 14141) in 1994 to give the United States Attorney General the authority to seek equitable relief against local and state law enforcement agencies engaged in patterns or practices of misconduct. Since its passage, the Department of Justice has investigated and intervened into dozens of American police departments, including some of the largest police departments in the country. Federal intervention represents one of …

How Justice Holmes Turned Conspirators Into Partners, Daniel Harris

William & Mary Business Law Review

A fundamental precept of the law of conspiracy is that all members of a conspiracy are partners in crime. This precept is the rationale for many doctrines of conspiracy law, including the controversial judge-made rule that all members of a conspiracy are vicariously guilty of substantive crimes foreseeably committed by one member of the conspiracy even if the other members did not commit the substantive offense, intend the offense, or aid or abet its commission. Why does the law impose partnership status and vicarious guilt on lower-level members of a conspiracy who have no ownership stake in the business and …

Prosecuting Police, Guyora Binder, Anthony O'Rourke, Rick Su

Journal Articles

Prosecutors face criticism for prosecuting too many minority members and too few police. Recently, some reformers have won prosecutorial elections by pledging to change these priorities. Yet scholars have identified two impediments to police prosecutions. First, county prosecutors often answer to suburban voters indifferent to the excesses of city police. Second, prosecutors depend on those police to investigate their cases and to endorse them as effective. This Article argues that the influence of residents and police on prosecutorial decisions depends on the political geography of a prosecutor’s office. As a result, whether a prosecutor’s office is “city-based,” “regional,” or “state-appointed” …

Conservative Caution V. Progressive Originalism: How Justices Barrett And Jackson Are Paving Their Own Paths On The Court, David Rudenstine, Michael Waldman, Eric Freedman, Haiyun Damon-Feng, William D. Araiza, Mark Anthony Frassetto, Jake Meiseles, Michael Pollack, Linda Greenhouse, Earl M. Maltz

Cardozo Journal of Equal Rights & Social Justice

The Conservative Caution v. Progressive Originalism symposium, hosted by the Cardozo Journal of Equal Rights and Social Justice on March 7, 2025, brings together leading constitutional scholars to examine the emerging judicial philosophies of Justices Amy Coney Barrett and Ketanji Brown Jackson. Through three expert panels—presidential immunity, gun rights, and judicial ideology—the symposium analyzes how both Justices are shaping contemporary originalist discourse from opposing ends of the ideological spectrum. Panelists explore the Supreme Court’s watershed decision in Trump v. United States (2024), emphasizing its unprecedented expansion of presidential immunity and its implications for separation of powers and democratic accountability. Discussions …

From Hanging To Nitrogen Hypoxia: The Evolution Of Execution And The Case For American Abolition, Anna Kuhlman

The International Law Review Association Student Forum

The death penalty has been a dark fixture in societal punishment for most of human history. It has allowed for grisly, violent executions of people found guilty of misconduct relative to the culture they live in. “The first established death penalty laws date as far back as the Eighteenth Century BCE in the Code of King Hammurabi of Babylon, which codified the death penalty for 25 different crimes.” The first death sentence on record was a member of nobility in 16th-century BCE Egypt, where the wrongdoer was accused of magic and ordered to commit suicide. In the seventh century B.C.E., …

U.S. Territories And The Criminal Law Curriculum, Emmanuel Hiram Arnaud

Faculty Scholarship

In this Article, I make a case for why issues concerning the territories should be taught in law school courses and suggest a few ways in which federal criminal adjudication in the territories can and should be incorporated into the criminal law and procedure curriculum.¹⁰ As I advance elsewhere,¹¹ criminal adjudication in the territories functions differently than in the mainland United States.¹² Using the framework of what I call the “territorial criminal legal system,” I have begun mapping the contours of the unique prosecutorial ecosystem produced by the territorial condition.¹³ Chief among the characteristics is the …

Understanding Brady Violations, Jennifer M. Mcaward

Vanderbilt Law Review

This largest-ever study of adjudicated violations of Brady v. Maryland provides a detailed and nuanced understanding of who suppresses material evidence in criminal cases, as well as why, how, where, and how often. Its findings complicate the conventional wisdom that Brady violations are the work of nefarious prosecutors who intentionally withhold material evidence from criminal defendants. While it is true that “bad faith” permeates this area of constitutional noncompliance, a substantial minority of Brady cases stem from “good faith” errors by prosecutors and suppression by law enforcement officers. Mostviolations occur in a small number of states, and most often, state …

The Lao Penal Code: A Comparative Discourse, Wing Cheong Chan, Wing Cheong Chan, Phanthasak Mingnakhone, Perrine Simon, Stanley Yeo

Research Collection Yong Pung How School Of Law

This book comprises a commentary on the criminal law of Laos dealing with the general principles of criminal responsibility, and describing the main offences against the person and property under the Lao Penal Code 2017.

Quo Vadis Hak Atas Kesehatan Reproduksi: Analisis Rekonstruksi Pengaturan Aborsi Di Indonesia (Perbandingan Hukum Indonesia Dengan Perancis), Dian Kencana Putri, Erna Dyah Kusumawati

Jurnal Hukum & Pembangunan

Pembatasan akses aborsi di Indonesia menyebabkan banyak perempuan dengan kehamilan tidak diinginkan terpaksa berhadapan dengan hukum. Pembatasan aborsi yang mengakibatkan kriminalisasi ini dapat menyebabkan dilema moral bagi banyak perempuan yang mengalami kehamilan tidak diinginkan. Padahal aborsi berpotensi terjadi pada setiap perempuan berusia produktif di Indonesia. Aborsi di Indonesia merupakan tindakan ilegal dan aborsi hanya dapat dilakukan dalam dua kondisi saja, yakni kedaruratan medis dan kehamilan yang disebabkan perkosaan. Artikel ini menganalisa bagaimana sebenarnya substansi aborsi dapat dimasukkan pada kategori hak kesehatan reproduksi perempuan dan mengapa negara Indonesia perlu mengubah kebijakan dan hukum mengenai aborsi. Untuk melihat seberapa pentingnya negara harus …

Keith Allen Harward's Wrongful Conviction, Matthias Pearce

SACAD: Scholarly Activities

Keith Allen Harward served 33 years in prison in Virginia for a rape and murder (The Innocence Project, 2025). The main evidence for his conviction was bite marks found on the rape victim’s legs. Someone broke into a house and murdered a man and raped the man’s wife. The rape victim described the man who had assaulted her, saying he was wearing a sailor’s outfit. A shipyard security guard nearby reported a man in a blood-spattered E-3 sailor’s uniform. Dental records of all E-3s were obtained and tested, and Harward was identified as the assailant (Keith Allen HARWARD v. COMMONWEALTH …

Attorney Perceptions Of Plea-Bargaining, Sarah K. Edelen

Undergraduate Theses

The purpose of this study is to gain a deeper understanding of how criminal prosecutors and defense attorneys describe the negotiation process of plea-bargains, and the roles and discretion they exercise during it. Additionally, plea-bargaining is not well understood by many members of the public, so this research allows the public to gain insight and knowledge into the process. This study consisted of in-depth, qualitative interviews with both prosecutors and defense attorneys. The results of the study were analyzed through a content analysis. Overall, it was found that the way the plea-bargaining process is described through the existing literature differs …

Is There A Relationship Between Drug Addiction And Incarceration?, Lindsey M. Lopez

SACAD: Scholarly Activities

The connection between drug addiction and incarceration has been widely debated. Many individuals who struggle with substance abuse will end up in the criminal justice system, mainly due to drug-related crimes or offenses committed under the influence like DUI’s. This study examines whether incarceration is effective in solving substance abuse issues or if alternative approaches such as rehabilitation, offer better results. The analysis explores the balance between punishment and treatment programs to determine what the most effective strategy is in reducing recidivism and addressing why drug addiction is high in the justice system.

A Love Letter To The Leaders: Why Recognizing And Discussing Secondary Trauma In Legal Work Will Benefit Your Staff, Your Clients, And Most Importantly, The Work, Isabel Corngold, Elizabeth Cole

Nebraska Journal on Advancing Justice

When you work in a client-facing, client-centered section of the law like criminal law, and specifically wrongful convictions, you encounter trauma. Many organizations, including innocence organizations, do not do a sufficient job to recognize and address the impact of that trauma on their staff. This piece seeks to explain the potential impact of this trauma by, one, defining the terms burnout; secondary and vicarious trauma; empathetic distress; countertransference; and compassion fatigue, and, two, listing out signs and symptoms that can be caused by experiencing any of these emotions. Drawing from the authors’ experiences in innocence organizations, this piece addresses leaders …

Ohio's Unconstitutional Burden Of Proof For Criminal New Trial Motions Based On Newly Discovered Evidence, David B. Alden, Michael P. Koslen

University of Cincinnati Law Review

No abstract provided.

Prison Foodways In “Orange Is The New Black”, A. E. Stearns, Morgan Wilson, Mckenzie Richard

Qualitative Criminology (QC)

"The current study adds to the literature on prison foodways and media studies by exploring the role of prison food on the show Orange is the New Black (OITNB). Specifically, this project aimed to better understand the nature of televised incarceration experiences through the way in which incarcerated characters interacted with food in the scenes. Through an analysis of 601 food-related scenes in OITNB, findings suggest: 1) food is a vehicle for additional layers of institutional control of captive bodies, 2) food plays myriad non-food roles such as medicine, a transactional medium, a vehicle for contraband, and even sexual pleasure, …

An Exploratory Study On The Practice Of Procedural Justice And Use Of Force In Police-Citizen Encounters, Charles Cunha

Qualitative Criminology (QC)

"Procedural justice is a philosophy and theory demonstrating that the practice of its four principles improves police-community relations. This means that citizens view law enforcement as a legitimate entity of government. Much controversy has stemmed from alleged unlawful killings of suspects in the past decade. These incidents question whether law enforcement acted legitimately. Since then, scholars have researched training in using the four principles of procedural justice. They have also researched the use of procedural justice in police-citizen encounters. The current research study addresses law enforcement officers’ perspectives on the use of force and the use of the four principles …

“They Are Usually Borderline Homeless”: Exploring The Nexus Of Homelessness, Housing Instability, Successful Reentry, And Long-Term Reintegration, Emily I. Troshynski, Carolyn Willis

Qualitative Criminology (QC)

"For previously incarcerated persons, affordable and safe housing options are scarce. Barriers to securing housing include federal mandates (i.e., eligibility requirements) as well as local rules and regulations (i.e., zoning and ordinances). When housing is available, disclosing criminal history on applications impacts individuals’ chances to rent (Philips & Spencer, 2013). A lack of a consistent rental history, no personal and/or employment references, and securing capital to cover security deposits are added challenges. Since parole rules direct ex-convicts not to associate with others that have a criminal record, living with partners, friends, and family members may not be an option. Research …

Perceptions Toward Wrongful Convictions And Needed Reforms In The Criminal Justice System: Does Working Experience In Law Enforcement Matter?, Natalia Ermasova, Aubrey Adams, Lisa Jackson

Qualitative Criminology (QC)

"This study proposes to investigate how public views on the wrongful conviction issue are connected with the perceived need for criminal justice reform and whether the professional experience in law enforcement influences these perceptions. This study employs a qualitative research design, deriving its conclusions from the comparative analysis of the survey responses concerning the issue of wrongful convictions and the criminal justice system collected from 45 law enforcement professionals and 35 individuals without such experience. The comparative results reveal that for the respondents without working experience in law enforcement, racial/ethnical bias was one of the most substantial issues of wrongful …

"Nobody Gives A Damn If You Don't Know The Rules": Poverty, Strain, And Crime, Chrystina Y. Hoffman, Dana R. Dillard, Erin King, Angela Blackburn

Qualitative Criminology (QC)

"General strain theory posits that individuals commit crimes when they experience negative emotions following various sources of strain. One such source of strain is poverty. In this study, researchers use focus group data and apply a general strain framework to analyze criminal offending during the Missouri Community Action Network's Poverty Simulation© (2022) at a regional comprehensive university in the Southeast region of the United States. A total of 99 undergraduate and graduate students participated in the focus groups at the end of the simulation. Findings support Agnew’s (1992) theory with examples of sources of strain stemming from poverty leading to …

Research Brief: Ghosting In The Realm Of Research: The Realities Of Conducting Social Science Research In The Digital Age, Lena M. Campagna, Angela S. Murolo

Qualitative Criminology (QC)

"Social science research does not occur in a vacuum. Competing for time and attention is the norm in a society that has become more isolated. Because of this, the effects of ghosting are prevalent everywhere. As social scientists, we are not immune to ghosting or its effects. In this research brief, two junior faculty members discuss their efforts to overcome ghosting at every level of the research process and its impact on hiring student workers, knowledge production, and meeting grant funding requirements. Lastly, the authors offer suggestions for overcoming the effects of ghosting and its effect on the challenges of …

Racially Disparate And Disproportionate Punishment Of Felony Murder: Evidence From New York, Guyora Binder, Alexandra Harrington

Journal Articles

America’s peculiar institution of felony murder liability has long been criticized as cruel and pointless, particularly as applied to defendants who did not kill. This study of felony murder arrest and disposition in New York reports large racial disparities, particularly for those convicted who did not kill. It is one of the first to examine the behavior punished, revealing that half of those convicted were charged as accomplices, not alleged to have killed. Many of those alleged to have caused death appeared to do so inadvertently. And almost thirty percent of all people convicted of felony murder were teens with …

Slow, Expensive, And Out Of Control: A Statutory Solution To The Competency Crisis, Robert Barnhart

Maine Law Review

The United States Constitution guarantees both the right to a speedy trial and the right to be competent to stand trial. United States Supreme Court decisions have recognized both of these rights but left the hard work of implementing them to legislatures and rulemakers. After turning the technicalities over to the states, the Supreme Court has generally stayed out of the business of setting bright-line rules to follow, both for setting speedy trial limits and ensuring defendants are evaluated and restored to competency. This delegation has led to a dual crisis. Cases are not resolved on time, and a substantial …

Accidental Brady Violations, Adam M. Gershowitz

Texas A&M Law Review

Prosecutors are often seen as the villains of the criminal justice system. And the most villainous thing a prosecutor can do is to commit an intentional Brady violation by withholding favorable and material evidence from the defense. Not surprisingly, there is a wide literature criticizing prosecutors for flagrant misconduct.

But not all Brady violations are intentional. Prosecutors sometimes—perhaps often—commit accidental Brady violations by inadvertently failing to recognize favorable evidence. Because many prosecutors are inexperienced, overworked, and under-trained, they do not recognize exculpatory or impeachment evidence when it is in their files. Additionally, prosecutors also fail to disclose evidence that is …

Kennedy V. Louisiana And The Future Of The Eighth Amendment, Alexandra L. Klein

Pepperdine Law Review

In 2023, Florida passed a law permitting the imposition of the death penalty for the rape of a child under twelve. Tennessee enacted a similar law in 2024. These laws conflict with Kennedy v. Louisiana, a 2008 decision in which the Supreme Court held that imposing the death penalty for the rape of a child violated the Eighth Amendment’s Cruel and Unusual Punishments Clause because it was inconsistent with the evolving standards of decency. Legislators in Florida and Tennessee have expressed their hope that the Supreme Court will overrule Kennedy v. Louisiana. These laws, which resemble state attempts to undo …