Digital Commons Network^™

Identifying Criminals’ Risk Preferences, Murat C. Mungan, Jonathan Klick

Indiana Law Journal

There is a 250-year-old presumption in the criminology and law enforcement literature that people are deterred more by increases in the certainty rather than increases in the severity of legal sanctions. We call this presumption the Certainty Aversion Presumption (CAP). Simple criminal decision-making models suggest that criminals must be risk seeking if they behave consistently with CAP. This implication leads to disturbing interpretations, such as criminals being categorically different from law-abiding people, who often display risk-averse behavior while making financial decisions. Moreover, policy discussions that incorrectly rely on criminals’ risk attitudes implied by CAP are ill informed, and may therefore …

Implementing Talking Circles In A Living Learning Community, Shaniqua Jones

All Capstone Projects

Restorative Justice is a collaborative decision-making process that has been integrated as an alternative approach to historic means of justice systems globally for thousands of years. Restorative justice began to impact higher education in 1998 in order to strengthen student ties to their respective colleges and universities by enriching student voices and experiences in various areas of academic and student life, including living learning communities. Talking Circles are one of many restorative practices used to facilitate effective dialogue among shareholders because it fosters a similarity of integration, motivation, and values. The purpose of this research is to determine if the …

A Model Of Segmenting A High-Cost Crime Prevention Through Environmental Design Initiative, Paul Adams

All Capstone Projects

This project aimed to create a working model worthy to include within Schneider, Walker, and Sprague's description of a five-stage process of parceling out high-cost Crime Prevention Through Environmental Design (CPTED) initiatives. In 2002, the Department of Education and Department of Justice sponsored Schneider as the lead author for introducing and promoting CPTED initiatives for the first time in schools. This project's funding mechanism was created to help assist with the procurement of a highly priced CPTED initiative (key-less card system) for Suburban College.

Suburban College had faced a reoccurring pattern of theft from its classrooms and common areas. The …

Finally Some Improvement, But Will It Accomplish Anything? An Analysis Of Whether The Charitable Bail Bonds Bill Can Survive The Ethical Challenges Headed Its Way, Alex Petrossian

Fordham Urban Law Journal

No abstract provided.

Health Reform And Correctional Health Care: How The Affordable Care Act Can Improve The Health Of Ex-Offenders And Their Communities, Joel B. Teitelbaum, Laura G. Hoffman

Fordham Urban Law Journal

No abstract provided.

Interrogation First, Miranda Warnings Afterward: A Critical Analysis Of The Supreme Court's Approach To Delayed Miranda Warnings, Joshua I. Rodriguez

Fordham Urban Law Journal

No abstract provided.

Aggregation And Urban Misdemeanors, Alexandra Natapoff

Fordham Urban Law Journal

The urban misdemeanor process relies on a wide variety of informal groupings and aggregations. Order maintenance police arrest large numbers of people based on neighborhood, age, race, and other generalizations. Prosecutors and public defenders resolve entire classes of minor plea bargains based on standard local practices and pricing. Urban courts process hundreds of cases en masse. At each stage, the pressure to aggregate—to treat people and cases by group—weakens and sometimes eliminates individuated scrutiny of defendants and the evidence in their cases; people are largely evaluated, convicted, and punished by category and based on institutional habit. This wholesale process of …

Reconceptualizing The Eighth Amendment: Slaves, Prisoners, And Cruel And Unusual Punishment, Alexander A. Reinert

Articles

The meaning of the Eighth Amendment’s Cruel and Unusual Punishment Clause has long been hotly contested. For scholars and jurists who look to original meaning or intent, there is little direct contemporaneous evidence on which to rest any conclusion. For those who adopt a dynamic interpretive framework, the Supreme Court’s “evolving standards of decency” paradigm has surface appeal, but deep conflicts have arisen in application. This Article offers a contextual account of the Eighth Amendment’s meaning that addresses both of these interpretive frames by situating the Amendment in eighteenth and nineteenth-century legal standards governing relationships of subordination.

In particular, I …

The Pracademic And Academic In Criminal Justice Education: A Qualitative Analysis, James E. Mccabe, Stephen A. Morreale, John R. Tahiliani

Criminal Justice Faculty Publications

Over the past several years, a few hundred colleagues involved in criminal justice education have participated in panel discussions and roundtables to discuss the trials and issues that have been observed by practitioners turned academics, or “pracademics.” Some complained of having difficulty breaking into academia. A debate has occurred in a number of colleges and universities over the benefit of having faculty with traditional academic credentials versus hiring non-traditional scholars with a blend of educational and practical experience. Similarly, there have been lively discussions over the appropriateness of a J.D. or professional doctorate as opposed to a Ph.D. in criminal …

Salvaging "Safe Spaces": Toward Model Standards For Lgbtq Youth-Serving Professionals Encountering Law Enforcement, Brendan M. Conner

Faculty Publications

No abstract provided.

The Beginning Of The End: Using Ohio’S Plan To Eliminate Juvenile Solitary Confinement As A Model For Statutory Elimination Of Juvenile Solitary Confinement, Elizabeth M. Rademacher

William & Mary Law Review

No abstract provided.

Environmental Crimes And Imprisonment: Does Prison Work To Prevent And Punish Environmental Criminals?, Rafael Wolff

Dissertations & Theses

Environmental degradation is a global problem. Humans need natural resources to survive and, as those resources are limited, humans’ use of these resources should respect a sustainable pace established by law. There are many approaches to addressing environmental degradation that do not honor the legal limitations and one of them is through criminal law. The question that is posed in this thesis is whether imprisonment, one of the most severe methods of punishment, is a suitable option to repress and prevent environmental crimes.

This thesis is divided in three chapters. The first chapter discusses why environmental crimes are relevant. It …

2016 Annual Campus Security And Fire Safety Report, Larry Banaszak

Otterbein Police Department

The report is designed to provide you with important information about security and fire safety on campus. In addition to outlining the details of the many safety programs Otterbein offers its community members, the report also contains statistics about reported crimes and fire safety initiatives on campus.

The Exceptional Circumstances Of Johnson V. United States, Leah M. Litman

Michigan Law Review First Impressions

Johnson v. United States held that the “residual clause” of the Armed Career Criminal Act (ACCA) is unconstitutionally vague. Since Johnson was decided six months ago, courts have been sorting out which of the currently incarcerated defendants who were sentenced under ACCA’s residual clause may be resentenced. Determining who can be resentenced in light of Johnson requires courts to answer several questions. For example, does the rule in Johnson apply retroactively to convictions that have already become final? And can prisoners who have already filed one petition for postconviction review—review that occurs after a defendant’s conviction has become final— file …

Norway's Prison System: Investigating Recidivism And Reintegration, Meagan Denny

Bridges: A Journal of Student Research

Recidivism rates are high in most Western countries and, as prisons in these countries become overcrowded, the resources meant to enhance reintegration of inmates into society can be inadequate or nonexistent. On the other hand, Norway has one of the lowest recidivism rates among Western nations, at approximately 20 percent. Norway also has, along with other Scandinavian countries, a unique approach to its prison system. This paper discusses the exceptionalism associated with Norway's prison system and explores the reasons behind its low recidivism rates, with a focus on the encouragement of reintegration of inmates into society. With the educational opportunities …

Rise Of The Mosaic Theory: Implications For Cell Site Location Tracking By Law Enforcement, 32 J. Marshall J. Info. Tech. & Privacy L. 236 (2016), Lance Selva, William Shulman, Robert Rumsey

UIC John Marshall Journal of Information Technology & Privacy Law

The authors examine the unique legal and privacy implications that cell site location information tracking by law enforcement poses for current Fourth Amendment jurisprudence. Following a brief explanation of how cell phone tracking works, their discussion is directed to the concept of privacy under the Fourth Amendment both prior to and following the seminal Supreme Court decision of Katz v. United States (1967), including a review of the Supreme Court’s historical treatment of tracking devices post-Katz. Consideration is then directed to the United States. v. Maynard (2010) decision, where the court employed the “mosaic” theory in a Fourth …

Ua12/8 Annual Campus Safety & Security Report, Wku Police

WKU Administration Documents

A statement of current campus policies regarding procedures for students and others to report criminal actions or other emergencies occurring on campus and policies concerning the institution's response to such reports.

Law Enforcement Officers' Experiences Of Exposure To Trauma, Michelle B. Nirenberg, Robyn Trippany-Simmons, Tiffany C. Rush-Wilson

Walden Faculty and Staff Publications

Violent, traumatic, and stressful work situations are common for law enforcement officers (LEOs). LEOs are susceptible to stressful situations that impact their emotions and have the ability to affect job performance. This phenomenological study focused on identification of how traumatic incidents affected 10 LEOs from 2 rural law enforcement agencies from a rural community in the southeastern United States. Participants were interviewed regarding the experience of how encountering or witnessing traumatic events impacted their emotions during and after the incident, coping mechanisms they implemented, views on seeking mental health treatment, and importance of peer support. Findings indicated that LEOs expressed …

Reducing Brutality Through Improved Police-Community Relations, Karl A. Fenster

Undergraduate Honors Theses

This paper responds to negative public perceptions of United States law enforcement agencies. The research in this paper addresses six areas of policing reforms that have the potential to positively impact police-community relations: (1) building trust and legitimacy, (2) policy and oversight, (3) technology and social media, (4) community policing and crime reduction, (5) officer training and education, and (6) police-media relations. This paper reviews the existing literature in each topic area. The purpose of each literature review is to more accurately understand possible solutions to the widespread distrust of police and the issue of police brutality. This paper makes …

Policing In The Era Of Permissiveness: Mitigating Misconduct Through Third-Party Standing, Julian A. Cook Iii

Brooklyn Law Review

On April 4, 2015, Walter L. Scott was driving his vehicle when he was stopped by Officer Michael T. Slager of the North Charleston, South Carolina, police department for a broken taillight. A dash cam video from the officer’s vehicle showed the two men engaged in what appeared to be a rather routine verbal exchange. Sometime after Slager returned to his vehicle, Scott exited his car and ran away from Slager, prompting the officer to pursue him on foot. After he caught up with Scott in a grassy field near a muffler establishment, a scuffle between the men ensued, purportedly …

Why And How To Compensate Exonerees, Erik Encarnacion

Michigan Law Review First Impressions

How can we bring greater uniformity to exoneree compensation in a principled and just way? This paper argues that answering this question becomes easier once we identify the principles of justice that best justify and explain compensation statutes. In particular, commentators have assumed incorrectly that the goal of compensating exonerees should be understood primarily in terms of corrective justice, which posits a duty to undo or repair wrongfully inflicted harms. This paper argues, by contrast, that restitutionary justice, which forces parties to relinquish unjust gains, better justifies and explains compensation statutes. The unjust gains at issue are fair wages withheld …

Transparency And Comparative Executive Clemency: Global Lessons For Pardon Reform In The United States, Andrew Novak

University of Michigan Journal of Law Reform

This Article argues for transparency in the clemency process and contends that the concept of clemency as a benign sovereign’s “act of grace” is no longer appropriate in the modern world where executive action is subordinate to principles of constitutional due process and administrative equity. Despite calls for federal clemency reform in the United States, little comparative research examines clemency elsewhere in the common law world. This Article compares common law countries’ constitutional clemency mechanisms designed to promote openness, public and victim participation, and rational decision-making. In addition, this Article proposes four reforms to the U.S. pardon system that other …

Incarceration To Incorporation: Economic Empowerment For Returning Citizens Through Social Impact Bonds, Etienne C. Toussaint

Journal Articles

No abstract provided.

The Human Rights Of Sea Pirates: Will The European Court Of Human Rights Decisions Get More Killed?, Barry Hart Dubner, Brian Othero

Faculty Scholarship

No abstract provided.

Portmanteau Ascendant: Post-Release Regulations And Sex Offender Recidivism, J. J. Prescott

Articles

The purported purpose of sex offender post-release regulations (e.g., community notification and residency restrictions) is the reduction of sex offender recidivism. On their face, these laws seem well-designed and likely to be effective. A simple economic framework of offender behavior can be used to formalize these basic intuitions: in essence, post-release regulations either increase the probability of detection or increase the immediate cost of engaging in the prohibited activity (or both), and so should reduce the likelihood of criminal behavior. These laws aim to incapacitate people outside of prison. Yet, empirical researchers to date have found essentially no reliable evidence …

"Cerd-Ain" Reform: Dismantling The School-To-Prison Pipeline Through More Thorough Coordination Of The Departments Of Justice And Education, Lisa A. Rich

Loyola of Los Angeles Law Review

In the last year of his presidency, President Barack Obama and his administration have undertaken many initiatives to ensure that formerly incarcerated individuals have more opportunities to successfully reenter society. At the same time, the administration has been working on education policy that closes the achievement gap and slows the endless flow of juveniles into the school-to-prison pipeline. While certainly laudable, there is much more that can be undertaken collaboratively among executive branch agencies to end the school-to-prison pipeline and the endless cycle of people re-entering the criminal justice system.

This paper examines the rise of the school-to-prison pipeline through …

The Death Knell For The Death Penalty: Judge Carney's Order To Kill Capital Punishment Rings Loud Enough To Reach The Supreme Court, Alyssa Hughes

Loyola of Los Angeles Law Review

No abstract provided.

The Jim Crow Effect: Denial, Dignity, Human Rights, And Racialized Mass Incarceration, 29 J. Civ. Rts. & Econ. Dev 15 (2016), Cecil J. Hunt Ii

UIC Law Open Access Faculty Scholarship

The overarching theme of this paper is that the racialization of mass incarceration in America, which has been taking place since the latter part of the last century, and continues to this very day, is characterized by what I term, the “Jim Crow effect".

Deconstructing The Crimeless Gender: Women's Prison Gangs, Emma Burgess Roy

Criminal Law Practitioner

No abstract provided.

"Lord Forgive Me, But He Tried To Kill Me": Proposing Solutions To The United States’ Most Vexing Racial Challenges, André Douglas Pond Cummings

Law Faculty Scholarship

While great progress has been made in the United States in the past fifty years in connection with race relations, three critical issues continue to vex our nation. The United States, despite its progress, continues to struggle mightily with (a) the police killing of unarmed black men; (b) racially disproportionate mass incarceration; and (c) violent homicides of black men and boys. Nightly newscasts detail seemingly weekly killings of unarmed African American men by law enforcement officers. Mass incarceration, while plateauing in the last several years, continues to see millions of United States citizens incarcerated at rates unmatched by any other …