Digital Commons Network^™

#Wetoo, Kimberly Kessler Ferzan

All Faculty Scholarship

The #MeToo movement has caused a widespread cultural reckoning over sexual violence, abuse, and harassment. “Me too” was meant to express and symbolize that each individual victim was not alone in their experiences of sexual harm; they added their voice to others who had faced similar injustices. But viewing the #MeToo movement as a collection of singular voices fails to appreciate that the cases that filled our popular discourse were not cases of individual victims coming forward. Rather, case after case involved multiple victims, typically women, accusing single perpetrators. Victims were believed because there was both safety and strength in …

Race And Reasonableness In Police Killings, Jeffrey A. Fagan, Alexis D. Campbell

Faculty Scholarship

Police officers in the United States have killed over 1000 civilians each year since 2013. The constitutional landscape that regulates these encounters defaults to the judgments of the reasonable police officer at the time of a civilian encounter based on the officer’s assessment of whether threats to their safety or the safety of others requires deadly force. As many of these killings have begun to occur under similar circumstances, scholars have renewed a contentious debate on whether police disproportionately use deadly force against African Americans and other nonwhite civilians and whether such killings reflect racial bias. We analyze data on …

Uncovering Juror Racial Bias, Christian Sundquist

Articles

The presence of bias in the courtroom has the potential to undermine public faith in the adversarial process, distort trial outcomes, and obfuscate the search for justice. In Pena-Rodriguez v. Colorado (2017), the U.S. Supreme Court held for the first time that the Sixth and Fourteenth Amendments required post-verdict judicial inquiry in criminal cases where racial bias clearly served as a “significant motivating factor” in juror decision-making. Courts will nonetheless likely struggle in interpreting what constitutes a "clear statement of racial bias" and whether such bias constituted a "significant motivating factor" in a juror's verdict. This Article will examine how …

Reevaluating The Parenting Wellbeing Gap: Evidence From The Wellbeing Module Of The American Time Use Survey, Daniela Veronica Negraia

Theses and Dissertations

Both scholars and the public have been intrigued by the question of whether parents experience higher levels of emotional wellbeing than adults who are not raising children. Yet despite decades of research on the topic, the answer to this question remains unclear. Using a novel source of nationally representative data, the Wellbeing Module of the American Time Use Survey (2010, 2012, 2013), this dissertation aims to unpack and extend prior understanding of the parenting wellbeing gap by pursing two studies. The first investigates whether parenthood may have both positive and negative links to adults’ emotional wellbeing; whether the gap varies …

The Technologies Of Race: Big Data, Privacy And The New Racial Bioethics, Christian Sundquist

Articles

Advancements in genetic technology have resurrected long discarded conceptualizations of “race” as a biological reality. The rise of modern biological race thinking – as evidenced in health disparity research, personal genomics, DNA criminal forensics, and bio-databanking - not only is scientifically unsound but portends the future normalization of racial inequality. This Article articulates a constitutional theory of shared humanity, rooted in the substantive due process doctrine and Ninth Amendment, to counter the socio-legal acceptance of modern genetic racial differentiation. It argues that state actions that rely on biological racial distinctions undermine the essential personhood of individuals subjected to such taxonomies, …

Captured At The Scene: A Proposal For The Admissibility Of Visually Recorded Scene Statements From Domestic Violence Complainants In Western Australia, Benjamin Procopis

Theses : Honours

In 2015, New South Wales introduced a legislative reform termed DVEC, which made admissible as evidence in chief, visually recorded statements from domestic violence complainants. Unlike other pre-recorded evidence, DVEC is captured at the scene of the incident, shortly after the event. The impetus for implementing DVEC was to overcome the issues identified with prosecuting domestic violence offences owing to the power imbalance in the relationship and the vulnerability of the complainant. In Western Australia, visually recorded statements from children and those with mental impairment are presently admissible for the same underpinning reasons. Police prosecutors and defence counsel participated in …

On Self-Declared Caliph Ibrahim’S December 2015 Speech: Further Evidence For Critical Vulnerabilities In The Crumbling Caliphate, Paul Kamolnick

Paul Kamolnick

Excerpt: On December 26, 2015 a 24-minute audio message was released by the Islamic State Organization’s (ISO) official media arm al-Furqan.

Prosecutors’ Perceptions On Questioning Children About Repeated Abuse, Kim Roberts, Martine Powell, Kimberlee S. Burrows, Sonja P. Brubacher

Psychology Faculty Publications

The purpose of the present study was to elicit guidance from prosecutors across Australia on questioning children about repeated events. Two focus groups were conducted; the first sought broad feedback concerning questioning children about repeated events. The second focused more specifically on eliciting feedback about techniques for aiding children in describing specific instances of repeated events. These techniques were derived either from empirical research, best practice interview guidelines, or both. Data from both focus groups were compiled because themes were highly similar. Thematic analysis of the focus group discussions revealed three broad themes in prosecutors’ perceptions about questioning children about …

On Self-Declared Caliph Ibrahim’S December 2015 Speech: Further Evidence For Critical Vulnerabilities In The Crumbling Caliphate, Paul Kamolnick

ETSU Faculty Works

Excerpt: On December 26, 2015 a 24-minute audio message was released by the Islamic State Organization’s (ISO) official media arm al-Furqan.

Workshop | Body Worn Video Recorders: The Socio-Technical Implications Of Gathering Direct Evidence, Katina Michael, Alexander Hayes

Alexander Hayes Mr.

- From in-car video recording to body-worn video recording

- Exploring available technologies: how do they work, pros and cons

- Storing direct evidence in secure storage: factors to consider

- Citizens “shooting” back with POV tech – what are their rights?

- Crowdsourced sousveillance- harnessing public data for forensic profiling

- Police force policies and practices on the application of new media

Mining Social Networking Sites For Digital Evidence, Brian Cusack, Saud Alshaifi

Australian Digital Forensics Conference

OnLine Social Networking sites (SNS) hold a vast amount of information that individuals and organisations post about themselves. Investigations include SNS as sources of evidence and the challenge is to have effective tools to extract the evidence. In this exploratory research we apply the latest version of a proprietary tool to identify potential evidence from five SNS using three different browsers. We found that each web browser influenced the scope of the evidence extracted. In previous research we have shown that different open source and proprietary tools influence the scope of evidence obtained. In this research we asked, What variation …

Sonic Jihad — Muslim Hip Hop In The Age Of Mass Incarceration, Spearit

Articles

This essay examines hip hop music as a form of legal criticism. It focuses on the music as critical resistance and “new terrain” for understanding the law, and more specifically, focuses on what prisons mean to Muslim hip hop artists. Losing friends, family, and loved ones to the proverbial belly of the beast has inspired criticism of criminal justice from the earliest days of hip hop culture. In the music, prisons are known by a host of names like “pen,” “bing,” and “clink,” terms that are invoked throughout the lyrics. The most extreme expressions offer violent fantasies of revolution and …

The Impact Of Trial Evidence On Juror Decision-Making, Jeremy Shifton

Legacy Theses & Dissertations (2009 - 2024)

It is widely accepted that a confession is one of the most incriminating piece of evidence that can be presented in a criminal case (Kassin & Neumann, 1997). However, little prior research has examined the impact of situational characteristics (e.g., length of interrogation, how recently suspect has slept, etc.) of the interrogation and resulting confession. While police tactics and personal characteristics are known to impact perceptions of the resulting confession, little is known about how aspects of an interrogation might impact the perceptions of jurors. In three studies, this dissertation seeks to determine how mock jurors' perceptions of evidence strength …

Juror Typologies And Dna Comprehension:Who Benefits From Jury Trial Innovations?, Mari Sakiyama, Joel D. Lieberman

Graduate Research Symposium (GCUA) (2010 - 2017)

When DNA evidence is presented in the courtroom, it is typically accompanied by complex testimony conveying information such as the method of generating population frequencies, match criteria and probabilities, as well as laboratory errors and error rates. Although this evidence may have high probative value, the legal community has expressed growing concern regarding jurors’ ability to comprehend it. However, courts have implemented a variety of jury trial innovations to facilitate jurors’ ability to process complex information. Although these innovations may have a positive effect on comprehension of complex trial evidence, it is unclear whether some jurors are more likely to …

High Expectations And Some Wounded Hopes: The Policy And Politics Of A Uniform Statute On Videotaping Custodial Interrogations, Andrew E. Taslitz

Northwestern Journal of Law & Social Policy

Much has been written about the need to videotape the entire process of police interrogation of suspects. Videotaping discourages abusive interrogation techniques, improves police training in proper techniques, reduces frivolous suppression motions, and improves jury decision making about the voluntariness and accuracy of a confession. Despite these benefits, only a small number of states have adopted legislation mandating electronic recording of the entire interrogation process. In the hope of accelerating legislative adoption of this procedure and of improving the quality of such legislation, the Uniform Law Commission (ULC) ratified a uniform recording statute for consideration by the states. I was …

Conducting Qualitative Data Analysis: Managing Dynamic Tensions Within, Part One, Ronald J. Chenail

The Qualitative Report

In the third of a series of “how-to” essays on conducting qualitative data analysis, Ron Chenail examines the dynamic tensions within the process of qualitative data analysis that qualitative researchers must manage in order to produce credible and creative results. These tensions include (a) the qualities of the data and the qualitative data analysis of these qualities, (b) errors of deficiency and exuberance, (c) tacit and public knowledge, (d) separation and connection, and (e) verticality and horizontality.

Conducting Qualitative Data Analysis: Qualitative Data Analysis As A Metaphoric Process, Ronald J. Chenail

The Qualitative Report

In the second of a series of “how-to” essays on conducting qualitative data analysis, Ron Chenail argues the process can best be understood as a metaphoric process. From this orientation he suggests researchers follow Kenneth Burke’s notion of metaphor and see qualitative data analysis as the analyst systematically considering the “this-ness” of the data from the “that-ness” of the qualitative abstraction drawn about the data. To make this metaphoric pronouncement a convincing case to judges as to the veracity of the juxtaposition of the code to that which is coded, the analyst must employ a recursive process by showing the …

A Poisoned Apple? The Use Of Secret Evidence And Secret Hearings To Combat Terrorism In Australia, Michael Crowley

Australian Counter Terrorism Conference

The use of secrecy in the form of secret evidence and secret hearings had a limited role in modern democracies where the focus is on open justice. This changed after the events of 11 September 2001. Secrecy may be a necessary adjunct to maintaining military options, for combating organised crime and countering terrorism but like a double-edged sword it can also cut into the fabric of the democratic state via abuses of power, and the maintenance and expansion of organisations beyond their usefulness. This paper considers the use of secrecy in Australia with particular reference to its impact on the …

Criminal Profiling As Expert Evidence, Wayne Petherick, David Field, Andrew Lowe, Elizabeth Fry

Wayne Petherick

Extract:
Profiling evidence has been accepted in courts in the United States in both trial and sentencing phases, but other jurisdictions have been more cautious in their acceptance. For example, courts in the United Kingdom and Australia have been reluctant to introduce profilers as experts, even though profiling has been given some exposure in courts operating at the lower end of the justice system. The reasons for this reluctance are varied but include a lack of uniformity processes and outcomes, fragmentation of methods, and conflict between profiling organizations and practitioners. In short, there are many methods of profiling, and not …

Examining The "Csi-Effect" In The Cases Of Circumstantial Evidence And Eyewitness Testimony: Multivariate And Path Analyses, Hon. Donald E. Shelton, Young S. Kim, Gregg Barak

Hon. Donald E. Shelton

As part of a larger investigation of the changing nature of juror behavior in the context of technology development, this study examined important questions unanswered by previous studies on the “CSI-effect.” In answering such questions, the present study applied multivariate and path analyses for the first time. The results showed that (a) watching CSI dramas had no independent effect on jurors' verdicts, (b) the exposure to CSI dramas did not interact with individual characteristics, (c) different individual characteristics were significantly associated with different types of evidence, and (d) CSI watching had no direct effect on jurors' decisions, and it had …

The Admissibility Of Social Science Evidence In Criminal Cases, Hon. Donald E. Shelton

Hon. Donald E. Shelton

The rapid development of emerging scientific methods, especially the increased understanding of deoxyribonucleic acid ("DNA"), has had, and will undoubtedly continue to have, an almost stunning impact on our justice system, particularly at the trial level. The forensic applications of these new scientific discoveries have been most dramatically seen in the criminal trial court. They have also caused us to re-examine other forms of forensic evidence that have been rather routinely admitted in our courts. Forensic evidence from social scientists is certainly one of those forms. Which of these forms of scientific forensic evidence have sufficient validity to be used …

Reconceptualizing Trespass, Gideon Parchomovsky, Alex Stein

All Faculty Scholarship

This Essay addresses an anomaly in trespass law. Trespass law is generally understood as the paradigmatic example of property-rule protection: an owner can obtain an injunction against the trespasser and have him removed from her land. The property-rule protection enjoyed by the owner protects her right to exclude others and to set the price for the use of her property. However, the property-rule protection only exists ex ante: it avails only against imminent or ongoing trespasses. Ex post, after a trespass ends, the owner can only recover compensation measured by the market value of the unauthorized use, i.e., the going …

The Language Of Consent In Police Encounters, Janice Nadler, J.D. Trout

Faculty Working Papers

In this chapter, we examine the nature of conversations in citizen-police encounters in which police seek to conduct a search based on the citizen's consent. We argue that when police officers ask a person if they can search, citizens often feel enormous pressure to say yes. But judges routinely ignore these pressures, choosing instead to spotlight the politeness and restraint of the officers' language and demeanor. Courts often analyze the language of police encounters as if the conversation has an obvious, context-free meaning. The pragmatic features of language influence behavior, but courts routinely ignore or deny this fact. Instead, current …

On Race Theory And Norms, Christian Sundquist

Articles

This article has been adapted from an address given at the Albany Law Review Symposium in Spring 2009. This article discusses the judicial acceptance of DNA random match estimates, which uses DNA analysis to estimate the likelihood that a criminal defendant is the source of genetic material that is found at a crime scene. Relying on race, these tests demonstrate how such a re-inscription of race as a biological entity threatens the modern conception of race as a social construction, and how those estimates should be rejected as inadmissible on a doctrinal level under the Federal Rules of Evidence.

Quantifying Social Entities: An Historical-Sociological Critique, Julian Neylan

The Journal of Sociology & Social Welfare

In formulating social policy the administrative arm of government relies heavily on number-based significations of knowledge, such as needs indicators and performance measures. Relying on numbers increases administrators' confidence in their decisions and shifts responsibility for error away from the decision-maker and towards the numbers. A close examination of the technology of social quantification reveals instability in many of the definitions and codes that needs analysts and program evaluators adopt when numerically inscribing social entities. To deal with these risks, bureaucracies must establish ways of explicitly assessing the uncertainty, imprecision and social construction that often lies behind the evidence presented …

Truth Machines And Consequences: The Light And Dark Sides Of 'Accuracy' In Criminal Justice, Seth F. Kreimer

All Faculty Scholarship

No abstract provided.