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On Emotions And The Politics Of Attention In Judicial Reasoning, Emily Kidd White

Articles & Book Chapters

Legal doctrine regularly requires judges to both understand and use emotions in different ways. This chapter explores the role of emotions in fixing and sustaining judicial attention on the impact of a law on the constitutional rights of an individual or group. That certain forms of wrong or harm, including forms of political and social exclusion, are difficult to detect in the absence of focused attention is, I think, what Elizabeth Bishop’s poem ‘Man-Moth’, excerpted here in epigraph, intends to express. This chapter explores the role of emotions in setting up the serious, sustained inquiry into the impact of a …

Changing The Law To Change Policing: First Steps, Barry Friedman, Brandon L. Garrett, Rachel Harmon, Christy E. Lopez, Tracey L. Meares, Maria Ponomarenko, Christopher Slobogin, Tom R. Tyler

Faculty Scholarship

Recent events have brought to the fore longstanding concerns about the nature of policing in the United States and how it undermines racial equity. As an institution, policing needs significant reconsideration. It is time to rethink the structure and governance of policing. It is also time to engage in a deeper conversation about the meaning of public safety. In the meantime, however, the following is a list of urgently-needed reforms, compiled by a small group of law school faculty, each of whom runs or is associated with an academic center devoted to policing and the criminal justice system. The reforms …

The Costs And Benefits Of Forensics, Brandon L. Garrett

Faculty Scholarship

Supreme Court Justice Louis Brandeis famously wrote that states can be laboratories for experimentation in law and policy. Disappointingly, however, the actual laboratories that states and local governments run are not a home for experimentation. We do not have adequate information about either the costs or the benefits of forensic testing or allocation of resources. Increased spending and expansion of crime laboratories has perversely accompanied growing backlogs. Poor quality control has resulted in a series of audits and even closures of crime laboratories. In response to these problems, however, some laboratories and some entire states have developed new approaches toward …

More Than Just A Rapper: Mainstream And Alternative Media’S Depiction Of Nipsey Hussle, Jonathan Hazlewood

Theses and Dissertations (Comprehensive)

Mainstream and alternative media depict individuals differently from one another. In stories covering African American rappers and homicide victims, mainstream and alternative stories use images, phrases, and people to portray certain ideas to their audience. In terms of mainstream news outlets, stories associate criminality onto African American homicide victims and rappers through labeling them as brutes, focusing on the crimes they commit, and highlighting criminal associations (Aquil, 2018; Cochran, 2015; Dukes & Gaither 2018; Wright & Washington, 2019). While alternative outlets have offered sympathetic and well-rounded representations that depict the life, personal accomplishments, and good deeds of an African American …

The Prosecutor As A Final Safeguard Against False Convictions: How Prosecutors Assist With Exoneration, Elizabeth Webster

Journal of Criminal Law and Criminology

Prosecutors have helped secure an unprecedented number of recent exonerations. This development, combined with the rapid emergence of district attorney-initiated conviction integrity units (CIUs) raises several questions. How do prosecutors’ offices review postconviction innocence claims? How do they make decisions about the merits of those claims? How do CIU processes differ from non-CIU processes? This study examines the circumstances surrounding prosecutor-assisted exoneration cases through semi-structured interviews with 20 prosecutors and 19 defense attorneys. It draws from a sample of both CIU and non-CIU prosecutors, thereby enabling comparisons. Respondents were asked about their experiences and decision-making structures in specific, post-2005 exoneration …

"May We Be Buried Alive Together": Towards An Intersectional Feminist True Crime Praxis, Alexandra White

Pomona Senior Theses

Most mainstream true crime narratives revolve around a corpse. It is usually the body of a woman. The body is most often white. Not always, but in the cultural imaginary, she is blonde. She comes from a good family. She was a sweet girl. What happened to her? While this question haunts the general public, it also animates true crime communities as the victim becomes a symbol of innocence, a site of spectacular violence, and evidence of the incomprehensible extreme of human behavior. The question brings (primarily) white, cis women true crime fans together in the name of fascination, fear, …

Can General Strain Theory Be Used To Explain The Relationship Between Recidivism And Secure Placement?, Alessia R. Shaw

Honors Undergraduate Theses

There has been extensive research conducted on recidivism among serious juvenile offenders. This study examines juvenile recidivism through the lenses of General Strain Theory (GST). GST has been used in previous studies to explain recidivism, however, secure placement and its effect on juvenile mental health, has not been studied. The purpose of this study is to test for a relationship between emotional responses like anger and hostility and secure placement, utilizing the Pathways to Desistance data. I will also examine if anger and hostility act as a mediator between secure placement and recidivism. Pathways to Desistance was a prospective study …

Racial Bias And Juror Selection In Death Penalty Cases, Kaitlyn D. Wallace

Honors Undergraduate Theses

Across the country, African American defendants are being discriminated against in the criminal courts and by juries, particularly in capital cases.[1] This assertion is supported by two lines of research. First, an analysis of Supreme Court decisions focusing on the racial impact on voir dire. Second, social-legal studies on juror decision making have demonstrated legal and socio-legal histories providing evidence that demonstrate there is a racial bias in our system. Based on these findings, this paper sets forth several legal and policy recommendations to improve the fair adjudication of African American defendants charged with capital crimes.

[1] Jack Glaser, …

Prescription Drug Abuse Amongst The Elderly, Michael O'Blenis

Electronic Theses and Dissertations, 2020-2023

This thesis attempts to document and illuminate the growing issue of prescription drug abuse among the elderly population. The average elder in the U.S. takes at least one prescription drug per day, depending upon their health status. Likewise, elders that suffer from multiple chronic conditions are more likely to take multiple prescription drugs. As the lifespan of humankind grows well into their 90's and older, even more elders will be placed on prescription drugs. As part of this study, a narrative literature review was conducted to summarize the topic of prescription drug abuse amongst the elderly. The findings suggest that …

The Perceptions Of Juvenile Judges Regarding Adolescent Development In Evaluating Juvenile Competency, Colleen M. Berryessa, Jillian Reeves

Journal of Criminal Law and Criminology

This analysis provides the first known in-depth qualitative inquiry into if and how juvenile court judges take the psycho-social immaturity and development of adolescents into consideration when making attributions of adjudicative competency of offenders in juvenile court. Semi-structured interviews were conducted with twenty-seven U.S. juvenile court judges, followed by grounded theory analysis. Competency evaluations from psychologists and the juvenile’s age, history, awareness, and mental capacity influence judicial determinations of competency. Although data show that understandings of adolescent development do play a large role in shaping judges’ understandings of juvenile behavior—particularly related to emotional control, irrational behavior, lack of maturity, and …

Annual Report 2020, Nebraska Center For Justice Research, University Of Nebraska At Omaha, Ryan E. Spohn

Reports

T  he Nebraska Center for Justice Research (NCJR) was established in 2014 with a mission to develop and sustain criminal justice research capacity internal to the State of Nebraska. Our goal is to assist the Legislature, justice agencies, practitioners, foundations, and stakeholders with research and evaluation to reduce recidivism, promote the use of evidence-based practices, and improve public safety. This annual report summarizes the activities and financial status of NCJR in the 2019-2020 fiscal year. In this past year, NCJR once again crafted our Adult Justice in Nebraska report to provide a foundation of data trends in areas such as …

Vocational And Life Skills Monthly Data Update: January 2020, Uno Nebraska Center For Justice Research, Katelynn Towne

Reports

Grantees use an online data management system to submit data on participants served under their Vocational and Life Skills programming. This data is due monthly and reflects all services provided during the previous month to participants. Evaluators at the Nebraska Center for Justice Research work with grantees directly to manage data entry errors on an ongoing basis during update calls and site visits.

The current data derives from an active database, from which data is being entered and updated daily. Data values, including previously submitted information, may fluctuate depending on the duration of lag between service delivery and data entry. …

Drug Users’ Experiences Of A Residential Rehabilitation Program In Western Australia: A Thematic Analysis Of Drug Users Lived Experiences, Michelle Fullam

Theses: Doctorates and Masters

In the last decade, there has been a marked increase in the awareness of drug use and drug-related crime in Australia. As a result, the demand for drug treatment services has increased and 14 recognised government-funded services are now available in Western Australia (WA). The goal of these services is to reduce drug use through full-time intensive programs that are usually residential. This type of drug treatment has been shown to be effective in reducing drug use and promoting pro-social lives post-treatment. However, little is known of the experiences of participants in this type of treatment in WA. As such, …

Development Of An Untargeted Gas Chromatography-Mass Spectrometry (Gc/Ms) Method For The Detection Of Drugs In Wastewater, Samuel A. Miller

Master of Science in Forensic Science Directed Research Projects

Monitoring current illicit drug trends and consumption rates of pharmaceuticals using a non-invasive collection technique is needed to address the present drug use and the growing drug epidemic. Reliance on self-reporting drug use surveys is not always a practical measure of illicit drug use. Wastewater analysis has been used globally as a targeted method for monitoring the consumption of specific illicit drugs. Current existing analytical techniques for wastewater analysis focus on the use of targeted liquid chromatography-mass spectrometry (LC-MS) based techniques. Few gas chromatography (GC) procedures exist for wastewater analysis, and those that do concentrate their methods on a single …

Development Of A Quantitative Pcr (Qpcr) Based Method For Studying Temporal Dna Degradation In Waterlogged Bone, Isis Thornton

Master of Science in Forensic Science Directed Research Projects

Human activities are often centered around the presence of water, thus it is not surprising that there are many water-related human deaths. Accumulated degree days (ADD), and other aquatic variables may affect DNA retrieval from waterlogged bone. Calcium and collagen in bone can inhibit the PCR necessary to produce an STR profile; the current solution is a time-consuming organic extraction. While there are examples of research on DNA degradation in terrestrial bone over time, there has been little work done on submerged bone samples and they are usually limited to case studies. The major aim of this study was to …

Expanded Testing Of An Integrated Qpcr Mixture Screening Assay Using High Resolution Melt Curve Analysis And Support Vector Machine Modeling, Andrea L. Williams

Master of Science in Forensic Science Directed Research Projects

In the conventional forensic DNA workflow, the number of contributors in a sample is unknown until the final step of STR analysis. We propose a high-resolution melt curve (HRM) mixture screening assay, which uses support vector machine (SVM) modeling of melt morphologies of D5S818 and D18S51 amplicons integrated into a common qPCR-based human DNA quantification kit, to differentiate between single-source samples (and their genotypes) and mixtures at an earlier stage in the DNA workflow (quantification). Previously, using data generated from whole melt curves, 87.5% of single-source samples and 100% of 1:1 mixture samples (2 contributors) classified accurately.

In this study, …

Right To Counsel: Improving Access To Justice In Us Indigent Defense Systems, Travis Hartman

Capstone Showcase

The Sixth Amendment guarantees the right to counsel for indigent defendants. Even though a constitutional right, indigent defense in the US suffers from significant problems. While scholars have attempted to provide solutions to the problems, a question persists, How are Indigent Defense Systems impacting how Access to Justice is being provided in the United States? To answer this question, a structured, focused comparison method was utilized to evaluate US indigent defense systems. Case studies were chosen based upon the delivery and majority of funding for indigent defense coming from counties. Right to counsel for Access to Justice was defined by …

Comparing Students' Perspectives On A Rural University's Special District Police Department And Student's Traditional Hometown Police Departments, Angela Pierce

All Master's Theses

Understanding the public perceptions of police is not a new topic, but it is one that has not focused on that of university students. This current study aims to fill the gap in knowledge by comparing student’s perceptions of two different police departments; traditional hometown police departments and special district police. This study targeted a specific population, college students, that needs additional research to understand what factors contribute to their perceptions of police. This study gathered students’ perceptions of police using an email survey of all on-campus students in a regional state university. Using OLS regression, I was able to …

From The Legal Literature: Criminalizing Propaganda: J. Remy Green’S Argument To Digitize Brandenburg, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

From The Legal Literature: The Threat And Promise Of Police Use Of Dna Databases, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

From The Legal Literature: If The Fetus Is A Person—Is It Relevant? An Argument On The Rights Of Pregnant Women, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

Identifying Suicidality Correlates Among People Incarcerated In Jail, Frances Abderhalden

Electronic Theses and Dissertations, 2020-2023

The rate of suicidality in jail is estimated to be eight times greater than that of the general population, yet the identification of risk factors for suicidality among people incarcerated in jail has not been explored by researchers (Fazel, Grann, Kling & Hawton, 2011; Hayes, 1999; Noonan & Ginder, 2013). To date, the breadth of the literature on suicidology almost exclusively deals with the prison population or general public, and official data of completed suicides. However, when analyzing suicidality in jail and prison populations, it is evident they are not interchangeable and suicidal behaviors include more than just completed suicides. …

Capital Punishment And Race Disparities In The Modern Era: An Empirical Analysis, Trevor Myers

Online Theses and Dissertations

Dissimilarities by race-of-defendant and race-of-victim have received ample attention in capital punishment literature, predominately in regard to death sentencing. Much less attention has been provided to the intersection of race and gender-of-victim with utilization of execution data, and research has failed to adequately address this topic in a historical context. In this exploratory study, I seek to identify multivariate correlates of executions involving characterizations of defendant race as well as victim race x gender characterizations since 1977. More specifically, I use multivariate analyses to examine possible predictors of executions elucidated defendant race x victim race and gender amalgamations. Among the …

A Person-Centered Approach Of Dynamic Needs: Demographic Characteristics, Static Factors, And Justice-Related Outcomes Among Juvenile Offenders In Florida, Caitlin Brady

Electronic Theses and Dissertations, 2020-2023

Prior research examining criminogenic risk and need suggests that dynamic factors (i.e., criminogenic needs) are best suited for intervention and treatment as they are changeable over time. Thus, dynamic factors can be targeted to reduce the likelihood of recidivism among youth in the juvenile justice system. The assessment of needs is critical as it allows for the prediction of future delinquency and the ability to provide appropriate services/treatment for juvenile offenders. Several studies have shown that youth present with multiple needs and that these needs differ by gender. Therefore, the current study utilized a sample of adjudicated youth under community …

Criminal Law In Crisis, Benjamin Levin

Scholarship@WashULaw

In this Essay, I offer a brief account of how the COVID-19 pandemic lays bare the realities and structural flaws of the carceral state. I provide two primary examples or illustrations, but they are not meant to serve as an exhaustive list. Rather, by highlighting these issues, problems, or (perhaps) features, I mean to suggest that this moment of crisis should serve not just as an opportunity to marshal resources to address the pandemic, but also as a chance to address the harsh realities of the U.S. criminal system. Further, my claim isn’t that criminal law is in some way …

Police Violence And The African-American Procedural Habitus, Trevor George Gardner

Scholarship@WashULaw

How should an African American respond to a race-based police stop? What approach, disposition, or tactic will minimize his risk within the context of the police stop of being subject to police violence? This Essay advances a conversation among criminal procedural theorists about citizen agency within the field of police-administered criminal procedure, highlighting “The Talk” that parents have with their African American children regarding how to respond to police seizure. It argues that the most prominent version of The Talk—the one in which parents call for absolute deference to police authority in the event of a police stop—may be as …

Accountability, Eugenics, And Reproductive Justice, Susan Frelich Appleton

Scholarship@WashULaw

This analysis contributes to an online symposium on Dov Fox’s book BIRTH RIGHTS AND WRONGS: HOW MEDICINE AND TECHNOLOGY ARE CHANGING REPRODUCTION AND THE LAW. Using eugenics and reproductive justice as points of departure, this review highlights both strengths and weaknesses in Fox’s approach.

What Would Mlk Do?: A Civil Rights Model Of “Good Citizenship” In Criminal Procedure, Trevor George Gardner

Scholarship@WashULaw

Good citizenship and eager participation in police investigations would seem to fit hand-in-glove. The good citizen helps to enforce the criminal law, particularly if the physical safety of the citizenry is thought to be at risk. But as Bennett Capers argues in his essay, Criminal Procedure and the Good Citizen, this version of the good citizen—crafted and propagated by our nation’s highest court—falls into direct tension with the activist principles animating the Civil Rights Movement. For instance, Martin Luther King, Jr., insisted that the citizen not suffer from a cultural condition Capers describes as “too much respect for majoritarian …

Perfecting Issue Preservation, Daniel Epps

Scholarship@WashULaw

In his article, “Does It Matter Who Objects? Rethinking the Burden to Prevent Errors in Criminal Process,” Darryl Brown challenges the venerable rule that a defendant must preserve objections to erroneous rulings at trial in order to perfect them for later appeal. Brown ably convinced me that conventional wisdom about who should bear the burden of bringing errors to a court’s attention is woefully under-theorized. In particular, Brown’s move to analyze adjudicative error from the perspective of accident prevention in other legal contexts is both clever and generative of insights. Moreover, Brown made a persuasive case that normative judgments about …

The Defender General, Daniel Epps, William Ortman

Scholarship@WashULaw

The United States needs a Defender General—a public official charged with representing the collective interests of criminal defendants before the Supreme Court of the United States. The Supreme Court is effectively our nation’s chief regulator of criminal justice. But in the battle to influence the Court’s rulemaking, government interests have substantial structural advantages. As compared to counsel for defendants, government lawyers—and particularly those from the U.S. Solicitor General’s office—tend to be more experienced advocates who have more credibility with the Court. Most importantly, government lawyers can act strategically to play for bigger long-term victories, while defense lawyers must zealously advocate …