Digital Commons Network^™

Categorial Declinations & Democracy, Brenner M. Fissell

Faculty Publications

The most contentious action taken by reform prosecutors has been the issuance of categorical declination policies. Opponents decry this as bureaucratic nullification of democratically enacted offenses, while the prosecutors themselves counter that they are responding to the will of their local electorate. Democracy claims, it appears, have taken center stage in this debate, and they are deployed by both sides. How should we think about democracy and categorical declinations? The most comprehensive scholarly work on this subject is a 2021 article by Professor Kerrel Murray. In this essay, I hope to continue the work begun by Murray, offering additional insights …

“I Feel Like A Lot Of Times Women Are The Ones Who Are Problem-Solving For All The People That They Know”: The Gendered Impacts Of The Pandemic On Women In Alaska, Marya Rozanova-Smith, Andrey N. Petrov

Faculty Publications

The impacts of the COVID-19 pandemic and post-pandemic recovery in urban communities in the Arctic have been substantial, but their gendered aspects remain largely unknown. The goal of this study was to enhance the understanding of the gender-based impact on women in the urban areas of Alaska by exploring strengths and constraints to resilience in the social and economic domains of gender equality during and in the aftermath of the COVID-19 pandemic. Drawing on grounded theory methodology, this study is based on 29 in-depth, semi-structured interviews. The study methodology utilized a conceptual framework that integrated deficit-based and strength-based analytical perspectives. …

An Evidence-Based Intervention To Increase Trypanosoma Cruzi, A Neglected Parasitic Infection, Diagnosis In Rural And Moderate-Size-City Us Clinics, M K. Lynn, Hunter M. Boehme, Jeffrey Hall, Patrick Kent, Alain H. Litwin, Quang H. Pham, Melissa Nolan Ph.D., Mph, Prisma Chagas Team

Faculty Publications

Background

Chagas disease is a chronic, insidious parasitic infection (Trypanosoma cruzi) that slowly develops to irreversible organomegaly over several decades. The disease is traditionally acquired in endemic Latin American countries during childhood; < 1% of foreign-born adult residents in the United States have been diagnosed or treated with this potentially fatal disease. Low physician knowledge is a primary factor leading to misdiagnosis.

Methods

Starting in April 2022, a 4-part T cruzi clinical education intervention began, which included (i) 2 grand rounds presentations to >100 internal medicine providers; (ii) implementation of a “clinical Chagas champions program” incorporating 14 key clinical staff at varying departments and administrative levels educated on their specific role related to T cruzi screening, diagnosis confirmation, clinical management, and medical billing; ( …

October 7 And International Police Cooperation: The Silence Of Interpol, Mathieu Deflem

Faculty Publications

Aim: The aim of this study is to explore the background and interpretation of Interpol’s silence following the terrorist attacks committed by Hamas against Israel on October 7, 2023. The author examines the international policing im-plications of the events, with special attention to why the world’s largest police organization failed to issue any substantive response.

Methodology: The research is based on asociological analysis combining ahistorical and institutional overview of Interpol’s counterterrorism activities with the examination of the organization’s communications and institutional decisions. It relies on qualitative sources and an interpretive, case study-based approach using public documents, records, and statements.

Findings: …

Examining The Effects Of Firearm Lethality And Aggressors’ Intentions To Kill On Injurious Firearm Violence At American Schools: A Research Note, Brent R. Klein, Cory Schnell, Steven M. Chermak, Joshua D. Freilich

Faculty Publications

This study examined firearm lethality and aggressors’ lethal intent on injurious fatal and nonfatal school shootings using data from The American School Shooting Study, which covers 329 school shootings in the United States from 1990 to 2016. We developed a new multidimensional construct for measuring shooters’ determination to kill and examined firearm characteristics while considering confounding factors. We identified 11 distinct categories of shooters’ intent, with most showing a strong desire to kill. Both intent and weapon lethality significantly impacted school shooting homicides. Overall, we recommend that prevention and theoretical models should address both factors.

Community And School Programs, Policies And Environments Related To Child Dietary Intake:The Healthy Communities Study, Gail Woodward-Lopez, Alexander C. Mclain, Edward A. Frongillo Jr., Natalie Colabianchi, Vicki Collie-Akers, Lorrene D. Ritchie

Faculty Publications

Background

To reverse the epidemic of unhealthy eating and related chronic disease in the United States, intervening early in life is essential.

Objective

Identify features of community- and school-based programmes, policies and environments related to child intake of fruits and vegetables (FV) and sugar-sweetened beverages (SSB).

Methods

Dietary intake of children 4–15 years old (n = 5138) from elementary and middle schools in 130 US communities was collected by survey (of parent and/or child) in 2013–2015. Features of community programs and policies (CPPs) and school environments were collected by staff surveys, direct observation, key informant interviews, and/or document review. …

Writing At The Speed Of Hype: Officers’ Post-Experimental Perceptions Of Ai Report Writing, Hunter M. Boehme, Ian T. Adams, Matt Barter, Irick A. Geary Jr., Kyle Mclean

Faculty Publications

Objective

This study examines patrol officer and supervisor perceptions of an artificial intelligence (AI) tool to assist with officer report writing. We compare attitudes among patrol officers randomly assigned to use the AI tool against those who were not.

Methods

Following a randomized controlled trial within a single agency, we conducted a post-intervention survey of patrol officers and supervisors.

Results

Patrol officers expressed generally favorable perceptions toward AI-assisted report writing, though no significant differences emerged between treatment and control groups in perceived utility, speed improvement, or quality enhancement. Despite these non-significant differences, 48% of treated officers reported time savings. Supervisors …

October 7 And International Police Cooperation:The Silence Of Interpol, Mathieu Deflem

Faculty Publications

Aim: The aim of this study is to explore the background and interpretation of Interpol’s silence following the terrorist attacks committed by Hamas against Israel on October 7, 2023. The author examines the international policing implications of the events, with special attention to why the world’s largest police organization failed to issue any substantive response.

Methodology: The research is based on a sociological analysis combining a historical and institutional overview of Interpol’s counterterrorism activities with the examination of the organization’s communications and institutional decisions. It relies on qualitative sources and an interpretive, case study-based approach using public documents, records, and …

Unwarranted Warrants?: An Empirical Analysis Of Judicial Review In Search And Seizure, Brett James Hashimoto, Miguel F.P. De Figueiredo, Dane Thorley

Faculty Publications

Every year, police perform searches governed by the Fourth Amendment on hundreds of thousands of individuals and their property throughout the United States. Many of the academy’s most decorated scholars have focused on the genesis and jurisprudential nature of the Fourth Amendment’s warrant requirement. Surprisingly, we know almost nothing about how the Fourth Amendment regulates searches and how searches actually work in practice.

In this Article, we pull back the curtain on the search and seizure process by presenting the largest quantitative study of warrants of any kind. We analyze over 33,000 warrant applications filed through Utah’s “e-Warrants” system over …

A Remarkable Look At Sentencing For A Remarkable Set Of Drug Defendants, Douglas A. Berman, Steven L. Chanenson

Faculty Publications

A new dataset capturing sentencing outcomes for “boat defendants,” a notable group of federal drug offenders who share many characteristics, provides a fresh perspective on many different aspects of federal case-processing and drug-sentencing outcomes. This overview provides a brief look at ground- breaking research based on this dataset, which serves as an anchor article for this issue of the Federal Sentencing Reporter, followed by a history of the creation of this dataset and then commentaries highlighting insights and lessons drawn from this original research.

Introduction: The Future Of Global Journalism—Relationships, Tools, And Power, Ruth Moon, Lea Hellmueller, Herman Wasserman

Faculty Publications

No abstract provided.

Unveiling The Nexus Between Digital Monitoring And Experiences Of Intimate Partner Violence In Romantic Relationships, Caley Hewitt, Fanny A. Ramirez, Anna Gjika

Faculty Publications

Using survey data from a sample of 378 women who live in the United States and self-identify as either Black or Latinx, this study explores predictors of women’s digital monitoring practices in intimate relationships in the context of intimate partner violence (IPV). We use literature about surveillance, monitoring, and IPV to frame our study. Our results show three significant instances that influence the odds of monitoring a romantic partner: (1) past experiences with digital abuse, (2) past experiences with offline psychological abuse, and (3) age, with younger women having increased odds of engaging in digital monitoring compared to older women. …

Rural–Urban Differences In Substance Use During Pregnancy, Emma Kathryn Boswell, Olivia M. Hinds, Cassie Odahowski Phd, Mph, Elizabeth L. Crouch, Peiyin Hung Ph.D, Christina M. Andrews Ph.D.

Faculty Publications

Purpose: Drug overdoses are now a leading cause of pregnancy-related deaths in the United States. Despite evidence of rural–urban disparities in substance use, there has not yet been a nationally representative examination of rural–urban differences in perinatal substance use. This study provides a comprehensive examination of rural–urban disparities in perinatal substance use. Methods: This study uses cross-sectional data to examine 3499 pregnant women from the 2015–2019 National Survey on Drug Use and Health (NSDUH). Rural (nonmetro)–urban (metro) differences in past-month tobacco use, alcohol use, binge drinking, illicit drug use, and marijuana use were examined using Rao–Scott chi-square tests and multivariable …

Race, The Academy, And The Constitution Of The War On Drugs, Bennett Capers, Jeffrey Bellin

Faculty Publications

The war on drugs is widely viewed as a policy failure. Despite massive government intrusions on personal liberty, drug addiction, overdoses, and drug-related violence have only increased since the war was declared in 1971. David Pozen’s new book, The Constitution of the War on Drugs, reveals a constitutional failure as well. Pozen chronicles a host of constitutional arguments that American litigants deployed to protect a “right” to use drugs with surprising, if fleeting, success. Pozen asks what might have been, exploring why the courts backtracked and effectively removed the Constitution as a meaningful obstacle to drug prohibitions.

This Review …

Two Decades Later, Steven L. Chanenson, Douglas A. Berman

Faculty Publications

A generation after the Supreme Court’s landmark ruling in United States v. Booker changed federal sentencing laws and practices, it is remarkable how much and how little has changed. This brief introduction provides an overview to this issue of the Federal Sentencing Reporter, with an array of authors providing perspectives on Booker after two eventful decades.

Public Trials And Plain Error, Stephen Smith

Faculty Publications

Courts are divided on the question of how Sixth Amendment public trial violations should be evaluated on appeal when a criminal defendant fails to object at trial to a courtroom closure. Typically, failing to object triggers plain error review on appeal, which demands a higher threshold of harm to obtain reversal compared to when an objection has been made at trial. Should this type of review also apply in its usual form to public trial errors? The article concludes that it should, despite the fact that public trial violations are considered “structural,” and, when properly preserved, do not require a …

The Excessive Fines Clause In The Federal Courts: A Quarter-Century Of Narrowing, Michael M. O'Hear

Faculty Publications

The Eighth Amendment prohibits “excessive fines,” but what exactly does “excessive” mean? The question has taken on some urgency in recent years as American legislatures have sharply increased the economic penalties associated with criminal convictions. In 1998, in United States v. Bajakajian, the Supreme Court for the first time established a test of sorts to determine whether an economic penalty is “excessive” in violation of the Eighth Amendment. The test was not without its ambiguities but offered some potentially robust protection against the rising tide of fines, fees, forfeiture, and restitution. However, the promise of Bajakajian has been undermined …

Beyond Reoffending And Rearrest: Expanding The Collateral Consequences Of Formal Processing To Youth Homelessness, Natasha Chlebuch, Jennifer Paruk, Caitlin Cavanagh, Paul J. Frick, Laurence Steinberg, Elizabeth Cauffman

Faculty Publications

There is robust evidence that juvenile justice contact during formative years is associated with deleterious outcomes. The effect of juvenile court intervention on youth homelessness, however, has received scant empirical attention despite evidence that many justice-involved youth are represented in the unhoused youth and adult population. This study leverages data collected from the Crossroads Study (N = 1115), a longitudinal, multi-site study to explore the impact of formal processing on subsequent experiences with homelessness. This study found that even when accounting for the effect of detention and other factors associated with youth homelessness, youth who were formally processed were twice …

Playing Politics With Traffic Fines: Sheriff Elections And Political Cycles In Traffic Fines Revenue, Min Su, Christian Buerger

Faculty Publications

The political budget cycle theory has extensively documented how politicians manipulate policies during election years to gain an electoral advantage. This paper focuses on county sheriffs, crucial but often neglected local officials, and investigates their opportunistic political behavior during elections. Using a panel data set covering 57 California county governments over four election cycles, we find compelling evidence of traffic enforcement policy manipulation by county sheriffs during election years. Specifically, a county's per capita traffic fines revenue is 9% lower in the election than in nonelection years. The magnitude of the political cycle intensifies when an election is competitive. Our …

Prosecuting Families, Anna Arons

Faculty Publications

Hundreds of thousands of parents are prosecuted in the family regulation system each year. Their cases are investigated by family regulation agencies and prosecuted by lawyers employed by the government—family regulation prosecutors. Like police and prosecutors in the criminal legal system, this family regulation prosecutorial team wields immense power, particularly over race–class subjugated communities. Yet even as scholarship on criminal prosecutors and on the family regulation system has proliferated, the role of family regulation prosecutors has gone underexamined and undertheorized.

This Article offers a critical examination of the role of these family regulation prosecutors. Drawing on a variety of primary …

The Criminal System Under Racial Capitalism, Sandeep Singh Dhaliwal

Faculty Publications

In 2021, major segments of the business lobby converged around a consensus for criminal system reform. As the United States experienced historic levels of labor market tightness, business groups argued for removing “barriers” to employment that system-involved people face. Just a few months later, the orientation of business to the criminal system was decidedly more mixed. By March 2022, the U.S. Chamber of Commerce, the country’s most powerful business lobby, had stepped to the forefront of the national moral panic around retail theft, launching a vigorous campaign to defend and even strengthen criminal punishment across the country.

Anchoring its analysis …

What’S Left Of The New Deal State?, Sandeep Singh Dhaliwal

Faculty Publications

(Excerpt)

A vast body of scholarship situates itself in the New Deal era. Another extensive collection explores the history of criminal justice in the United States. To date, however, there has been little effort to bring these conversations together. New Deal Law and Order, written by legal historian Anthony Gregory, fills this conspicuous gap. Gregory remarkably narrates the New Deal era through the lens of President Franklin Roosevelt’s “war on crime” (p. 1), challenging how we think about both the New Deal’s legacy and the foundations of the modern security state.

In recent years, scholars have called on their …

Studying Repeat Victimization: A Consideration Of Measurement Issues, Christi Metcalfe, Robert Brame, Tara E. Martin, Angela R. Gover

Faculty Publications

Decades of research have recognized the phenomenon of repeat victimization and its policy relevance. Although there are continuing efforts to explain the theoretical underpinnings of repeat victimization, there are still measurement-related issues that limit our understanding of the topic and ability to inform interventions, including varying operational definitions, data constraints, and sampling and nonsampling error. In this article, we review theoretical advances in the literature over the past decade, propose operationalizations that can foster greater consistency across studies, comprehensively assess the data constraints around commonly used public data sources to study repeat victimization, and empirically demonstrate how one of these …

Accidental Brady Violations, Adam M. Gershowitz

Faculty Publications

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 …

Fairness Writ Large Or Small In International Criminal Justice, Nancy Amoury Combs

Faculty Publications

For this symposium, I was not assigned to talk about Megan [Fairlie]’s work per se, and so I initially planned to discuss something completely different. In the end, however, I came back to Megan’s work because I believe her scholarship provides a new way of thinking about the entrenched challenges currently facing our collective field of study: international criminal law and procedure.

As we all know, Megan was an accomplished comparativist, and her area of expertise was criminal procedure. Even more particularly, Megan specialized in the criminal procedure of the still relatively new international criminal courts and tribunals. She focused …

Carceral Bonds, Tyler E. Dougherty

Faculty Publications

Over the past 50 years, the U.S. financed a massive physical and fiscal expansion of prisons via the municipal bond market—with devastating results. This project is the first to shine a light on the role of municipal debt in state-level carceral decision making, spotlighting the ways that the municipal bond market affects states’ capacities to incarcerate.

This Article argues that the two primary controls of states’ use of the carceral bond market—(1) market discipline and (2) states’ fiscal constitutions—are particularly ineffective at limiting states’ spending on prisons. This failure to restrain states’ spending through the carceral bond market enables private …

Debt, Work, And The State, Kate Sablosky Elengold

Faculty Publications

In every state and the District of Columbia, an individual who owes a debt to the state can lose their license to work. Without the ability to make a living, it is much harder to pay off debt. Although using occupational license restrictions as a debt collection tool appears nonsensical, it has never before been the subject of scholarly debate. This Article thus begins an important conversation about debt, work, and the state.

This Article identifies the pervasive authority that state and local governments have to revoke an individual’s occupational license solely because that person owes a debt to the …

Arrest Unbound, Eisha Jain

Faculty Publications

Arrest has long been legally defined as a seizure, or temporary restraint on liberty, under the Fourth Amendment. But when the government arrests someone today, it imposes far more than a seizure. The government also marks individuals with arrest records, which enable wide-ranging penalties, such as deportation, civil detention, loss of a professional license, and disruption of custody. One consequence is that this regulatory structure unravels arrest from the key institutional checks that would permit the public or key actors to examine whether the government-imposed consequences stemming from arrest are fair and justified. Proportionality depends on the public at large …

The Military's Constitutional Role, Brenner M. Fissell

Faculty Publications

A basic principle of the American constitutional order is that civilian authority must be supreme over that of the military. The violation of this principle by the British was one of the grievances enumerated in the Declaration of Independence, and the Framers responded with a Constitution that made military rule impossible. But why is so-called “civilian control” of the military so important? This deep normative question has yet to be thoroughly answered by scholars, most of who assume it away as a given. This Article takes up that task, using contemporary political theory to defend the principle of civilian control. …

The Art Belongs To The Artists, Deborah M. Weissman, Louis A. Pérez

Faculty Publications

This Article examines the rights of detainees interned at the Guantánamo Bay Naval Station to claim ownership of cultural work produced during their imprisonment. Through a series of arbitrary policies, the U.S. government alternately punished detainees for creating works of art, confiscated paintings and drawings, and otherwise denied detainees’ rights to control their creative works. This Article suggests the need to understand these policies as acts akin to plunder—that is, as a practice long associated with colonialism as a means through which the artifacts of the material culture of conquered peoples were expropriated and claimed as “trophies” of conquest. It …