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Identification Of Experimental And Control Areas For Cctv Effectiveness Assessment—The Issue Of Spatially Aggregated Data, Adam Dabrowski, Piotr Matczak, Andrzej Wójtowicz, Michael Leitner Dec 2018

Identification Of Experimental And Control Areas For Cctv Effectiveness Assessment—The Issue Of Spatially Aggregated Data, Adam Dabrowski, Piotr Matczak, Andrzej Wójtowicz, Michael Leitner

Faculty Publications

Progress in surveillance technology has led to the development of Closed-Circuit Television (CCTV) systems in cities around the world. Cameras are considered instrumental in crime reduction, yet existing research does not unambiguously answer the question whether installing them affects the number of crimes committed. The quasi-experimental method usually applied to evaluate CCTV systems’ effectiveness faces difficulties with data quantity and quality. Data quantity has a bearing on the number of crimes that can be conclusively inferred using the experimental procedure. Data quality affects the level of crime data aggregation. The lack of the exact location of a crime incident in …

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Plea Agreements As Constitutional Contracts, Colin Miller Dec 2018

Plea Agreements As Constitutional Contracts, Colin Miller

Faculty Publications

In his dissenting opinion in Ricketts v. Adamson, Justice Brennan proposed the idea of plea agreements as constitutional contracts and lamented the fact that the Supreme Court had yet to set up rules of construction for resolving plea deal disputes. Since Adamson, courts have given lip service to Justice Brennan’s dissent and applied his reasoning in piecemeal fashion. No court or scholar, however, has attempted to define the extent to which a plea agreement is a constitutional contract or develop rules of construction to apply in plea deal disputes. This gap is concerning given that ninety-five percent of criminal cases …

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Forensic Nursing: Overview Of A Growing Profession, Julie L. Valentine Dec 2018

Forensic Nursing: Overview Of A Growing Profession, Julie L. Valentine

Faculty Publications

IN THE CURRENT ERA of the #MeToo movement and prominent sexual assault disclosures, these types of crimes are finally receiving the attention they deserve. Our society is acknowledging what research has been telling us for years about the high incidence of sexual violence in the United States. According to a recent Centers for Disease Control and Prevention (CDC) report, more than 36% of women have experienced contact sexual violence in their lifetime and 19% have experienced attempted or completed rape. Men also report high rates of sexual violence; more than 17% have experienced some form of contact sexual violence in …

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True Colors: Crime, Race And Colorblindness Revisited, Itay Ravid Dec 2018

True Colors: Crime, Race And Colorblindness Revisited, Itay Ravid

Faculty Publications

TRUE COLORS: CRIME, RACE AND COLORBLINDNESS REVISITED Itay Ravid* The violent, racially motivated events of the Charlottesville rally unleashed demons that many Americans believed were long buried. Old Jim Crow-inspired racism came straight through the front door. Yet critics of colorblind policies were not surprised. For them, such an eruption of racial hatred manifested what they had repeatedly argued: colorblind policies neither alter racial predispositions nor affect the unequal treatment of minorities in the United States. In fact, colorblindness has given rise to a modern, latent type of racism. This Article empirically investigates this claim in an unexplored context—the media’s …

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Experiences Of Commercially Sexually Exploited Youth In The United States: A Qualitative Systematic Review, Michelle Hampton, Michelle Lieggi Nov 2018

Experiences Of Commercially Sexually Exploited Youth In The United States: A Qualitative Systematic Review, Michelle Hampton, Michelle Lieggi

Faculty Publications

Background: Youth at highest risk for commercial sexual exploitation in the United States (US) are runaway, homeless, and transgender youth. Despite the availability of research evidence pertaining to this phenomenon, there is a lack of research synthesis to enable easy access and use by health professionals and others who serve this population. This review’s purpose was to aggregate the qualitative evidence regarding commercially sexually exploited youth (CSEY) in the US to inform the development of appropriate interventions and response systems. Methods: The search included published and unpublished qualitative studies with current or former CSEY who resided in the US. Results: …

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The Right To Counsel In Criminal Cases: Still A National Crisis?, Mary Sue Backus, Paul Marcus Nov 2018

The Right To Counsel In Criminal Cases: Still A National Crisis?, Mary Sue Backus, Paul Marcus

Faculty Publications

In 1963, Gideon v. Wainwright dramatically changed the landscape of criminal justice with its mandate that poor criminal defendants be entitled to legal representation funded by the government. As scholars and practitioners have noted repeatedly over more than fifty years, states have generally failed to provide the equal access Gideon promised. This Article revisits the questions raised by the authors over a decade ago when they asserted that a genuine national crisis exists regarding the right to counsel in criminal cases for poor people. Sadly, despite a few isolated instances where litigation has sparked some progress, the issues remain the …

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Prosecutorial Dismissals As Teachable Moments (And Databases) For The Police, Adam M. Gershowitz Nov 2018

Prosecutorial Dismissals As Teachable Moments (And Databases) For The Police, Adam M. Gershowitz

Faculty Publications

The criminal justice process typically begins when the police make a warrantless arrest. Although police usually do a good job of bringing in the “right” cases, they do make mistakes. Officers sometimes arrest suspects even though there is no evidence to prove an essential element of the crime. Police also conduct unlawful searches and interrogations. And officers make arrests in marginal cases—schoolyard fights are a good example—in which prosecutors do not think a criminal conviction is appropriate. Accordingly, prosecutors regularly dismiss cases after police have made warrantless arrests and suspects have sat in jail for days, or even weeks. In …

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The New Gospel Of Wealth: On Social Impact Bonds And The Privatization Of Public Good, Etienne C. Toussaint Oct 2018

The New Gospel Of Wealth: On Social Impact Bonds And The Privatization Of Public Good, Etienne C. Toussaint

Faculty Publications

Since Andrew Carnegie penned his famous Gospel of Wealth in 1889, corporate philanthropists have championed considerable public good around the world, investing in a wide range of social programs addressing a diversity of public issues, from poverty to healthcare to criminal justice. Nevertheless, the problem of “the Rich and the Poor,” as termed by Andrew Carnegie in his famous essay, remains unsolved. Socially conscious investors have recently called for America to reimagine a new “gospel of wealth”, one that not only grapples with the what of social injustice, but also explores the how and the why of systemic social and …

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Too Ill To Be Killed: Mental And Physical Competency To Be Executed Pursuant To The Death Penalty, Linda A. Malone Oct 2018

Too Ill To Be Killed: Mental And Physical Competency To Be Executed Pursuant To The Death Penalty, Linda A. Malone

Faculty Publications

Mentally ill individuals are being housed in prisons and jails throughout the country. Due to decreased funding and overpopulation of correctional facilities, individuals with pre-existing illnesses, as well as others who develop illnesses, are in severe need of mental health services and punished for their ailments through the use of solitary confinement, long prison sentences, and lack of care. The stress created by such conditions is amplified for mentally ill prisoners who are awaiting execution or the dismissal of their death row sentences. These individuals must show that they are competent to stand trial, exhibit the mental state required for …

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Development Of A Placement Exam To Increase Student Success In A Junior Level Circuits And Systems Class, David Parent Oct 2018

Development Of A Placement Exam To Increase Student Success In A Junior Level Circuits And Systems Class, David Parent

Faculty Publications

In this work, which is intended to be a Full Paper in the Innovative Practice Category, the implementation of an improved placement exam that increased the pass rate in a junior level systems course in the author’s electrical engineering department by 15% is presented. For almost 30 years the author’s EE department has used a face to face exam to place students in a junior level circuits and systems course or into a review workshop. The details of the exam and suggestions about future use in conjunction MyOpenMath analytics to increase student success are also given.

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Delineating Victims From Perpetrators: Prosecuting Self-Produced Child Pornography In Youth Criminal Justice Systems, Bryce Westlake Oct 2018

Delineating Victims From Perpetrators: Prosecuting Self-Produced Child Pornography In Youth Criminal Justice Systems, Bryce Westlake

Faculty Publications

Video recording technology advancements and accessibility has been paralleled by a growth in self-produced child pornography (SPCP). Although social and judicial attention has been given to instances of teenage sexting, Internet-based forms of SPCP, such as webcam/website sex tourism, have almost been ignored. While some of the proposed legislation reform has referenced video-based SPCP, the majority has focused on SPCP distributed through cellular phones; excluding that which is manifested online or through entrepreneurial efforts. The purpose of this article is to introduce non-sexting SPCP, using the case study of Justin Berry (in the United States), and to propose a broad …

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Why "Trauma-Related Dissociation" Is A Misnomer In Courts: A Critical Analysis Of Brand Et Al. (2017a, B), Harald Merckelbach, Lawrence Patihis Aug 2018

Why "Trauma-Related Dissociation" Is A Misnomer In Courts: A Critical Analysis Of Brand Et Al. (2017a, B), Harald Merckelbach, Lawrence Patihis

Faculty Publications

Forensic psychologists are sometimes faced with the task of educating triers of fact about the evidential weight of dissociative experiences reported by claimants in litigation procedures. In their two-part essay, Brand et al. (Psychological Injury and Law, 10, 283–297, 2017a; Psychological Injury and Law, 10, 298–312, 2017b) provide advice to experts who find themselves in such situation. We argue that the Brand et al. approach is problematic and might induce confirmation bias in experts. Their approach is not well connected to the extant literature on recovered memories, dissociative amnesia, memory distortions, and symptom validity testing. In some …

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Smart Sentencing Guidelines: The Effect Of Marginal Policy Changes On Recidivism, Sarah M. Estelle, David C. Phillips Aug 2018

Smart Sentencing Guidelines: The Effect Of Marginal Policy Changes On Recidivism, Sarah M. Estelle, David C. Phillips

Faculty Publications

Public appeals regarding criminal justice have shifted somewhat from “tough on crime” to “smart justice” that is more lenient when tradeoffs merit it. Among other considerations, smart sentencing policy depends on how sentence severity affects recidivism. Using administrative data on two common non-violent felonies committed by adults in Michigan, we measure the effect of sentences on offenders' future criminal activity. Discontinuities in the legislative guidelines that constrain sentences chosen by Michigan judges provide exogenous variation in sentence severity. Harsher sentences generated by sentencing guidelines significantly reduce recidivism by felony shoplifters but not repeat drunk drivers. Recidivism falls most for young, …

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Remember My Chains: New Testament Perspectives On Incarceration, Matthew L. Skinner Jul 2018

Remember My Chains: New Testament Perspectives On Incarceration, Matthew L. Skinner

Faculty Publications

Understanding the physical realities and social attitudes concerning incarceration in the ancient world provides a fuller context to the New Testament’s unadorned and ambiguous references to people’s experience of being held in custody. The context is crucial for interpreting biblical passages that commend caring for prisoners, that reaffirm God’s strength and nullify the ignominy associated with incarceration, and that declare God’s power over the means and motives of imperial coercion. Such passages also compel the contemporary church to advocate on behalf of prisoners and to denounce the systems that regularly victimize them.

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Judges And Their Editors, Douglas E. Abrams Jul 2018

Judges And Their Editors, Douglas E. Abrams

Faculty Publications

No abstract provided.

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Book Review: Street Style In America: An Exploration, Todd J. Wiebe Jul 2018

Book Review: Street Style In America: An Exploration, Todd J. Wiebe

Faculty Publications

No abstract provided.

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Restoring Fairness To Campus Sex Tribunals, Cynthia Ward Jul 2018

Restoring Fairness To Campus Sex Tribunals, Cynthia Ward

Faculty Publications

No abstract provided.

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Bulk Biometric Metadata Collection, Margaret Hu Jun 2018

Bulk Biometric Metadata Collection, Margaret Hu

Faculty Publications

Smart police body cameras and smart glasses worn by law enforcement increasingly reflect state-of-the-art surveillance technology, such as the integration of live-streaming video with facial recognition and artificial intelligence tools, including automated analytics. This Article explores how these emerging cybersurveillance technologies risk the potential for bulk biometric metadata collection. Such collection is likely to fall outside the scope of the types of bulk metadata collection protections regulated by the USA FREEDOM Act of 2015. The USA FREEDOM Act was intended to bring the practice of bulk telephony metadata collection conducted by the National Security Agency (“NSA”) under tighter regulation. In …

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Domestic Violence And Gender Equality: Recognition, Remedy, And (Possible) Retrenchment, Jennifer Wriggins Apr 2018

Domestic Violence And Gender Equality: Recognition, Remedy, And (Possible) Retrenchment, Jennifer Wriggins

Faculty Publications

This paper is based on the author's presentation at the gender equality symposium. Professor Wriggins connects domestic violence and gender equality before tuming to some significant reforms of the U.S. legal system concerning domestic violence-all of them relatively recent. Moving on, she discusses her reflections on the 12 year law practice that informs her expertise before becoming a law professor and also her long involvement in the movement for LGBTQ equality. Drawing on that experience, Professor Wriggins shares firsthand views of some of the consequences of not having legal protections. Outlining some of the shortcomings and critiques of the reforms, …

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Legal Writing: Sense And Nonsense, Douglas E. Abrams Apr 2018

Legal Writing: Sense And Nonsense, Douglas E. Abrams

Faculty Publications

Professor Abrams authors a column, Writing it Right, in the Journal of the Missouri Bar. In a variety of contexts, the column stresses the fundamentals of quality legal writing - conciseness, precision, simplicity, and clarity.

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The Surveillance Gap: The Harms Of Extreme Privacy And Data Marginalization, Michele Gilman, Rebecca Green Apr 2018

The Surveillance Gap: The Harms Of Extreme Privacy And Data Marginalization, Michele Gilman, Rebecca Green

Faculty Publications

We live in an age of unprecedented surveillance, enhanced by modern technology, prompting some to suggest that privacy is dead. Previous scholarship suggests that no subset of the population feels this phenomenon more than marginalized communities. Those who rely on public benefits, for example, must turn over personal information and submit to government surveillance far more routinely than wealthier citizens who enjoy greater opportunity to protect their privacy and the ready funds to secure it. This article illuminates the other end of the spectrum, arguing that many individuals who may value government and nonprofit services and legal protections fail to …

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Reassessing Prosecutorial Power Through The Lens Of Mass Incarceration, Jeffrey Bellin Apr 2018

Reassessing Prosecutorial Power Through The Lens Of Mass Incarceration, Jeffrey Bellin

Faculty Publications

No abstract provided.

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A Legal Perspective On The Trials And Tribulations Of Ai: How Artificial Intelligence, The Internet Of Things, Smart Contracts, And Other Technologies Will Affect The Law, Iria Giuffrida, Fredric Lederer, Nicolas Vermeys Apr 2018

A Legal Perspective On The Trials And Tribulations Of Ai: How Artificial Intelligence, The Internet Of Things, Smart Contracts, And Other Technologies Will Affect The Law, Iria Giuffrida, Fredric Lederer, Nicolas Vermeys

Faculty Publications

No abstract provided.

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Oregon Shakespeare Festival: Changing The Social Order, Daniel Pollack-Pelzner Mar 2018

Oregon Shakespeare Festival: Changing The Social Order, Daniel Pollack-Pelzner

Faculty Publications

Daniel Pollack-Pelzner views the first four plays of the Oregon Shakespeare Festival's 2018 season (Karen Zacarías's Destiny of Desire, Kate Hamill's adaptation of Sense and Sensibility, Othello, and Henry V) as expressions of social change.

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Pursuing Racial Justice In The Us: What Religious Educators Need To Learn From The Blacklivesmatter Movement, Mary E. Hess Jan 2018

Pursuing Racial Justice In The Us: What Religious Educators Need To Learn From The Blacklivesmatter Movement, Mary E. Hess

Faculty Publications

This is a prepress version of a chapter that will appear in a book, focused on religious education and human rights.

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How Does Incarceration Affect The Likelihood Of Reunification?, Amy D'Andrade Jan 2018

How Does Incarceration Affect The Likelihood Of Reunification?, Amy D'Andrade

Faculty Publications

No abstract provided.

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Pran Justice: Social Order, Dispute Processing, And Adjudication In The Venezuelan Prison Subculture, Manuel A. Gomez Jan 2018

Pran Justice: Social Order, Dispute Processing, And Adjudication In The Venezuelan Prison Subculture, Manuel A. Gomez

Faculty Publications

No abstract provided.

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Bias, Corruption & Obstruction, Oh My: The Due Process "Shocks The Conscience" Limit On Investigative & Prosecutorial Conduct, Elizabeth Price Foley Jan 2018

Bias, Corruption & Obstruction, Oh My: The Due Process "Shocks The Conscience" Limit On Investigative & Prosecutorial Conduct, Elizabeth Price Foley

Faculty Publications

Due process guarantees the government will not exercise its power in a manner falling below the standard of civilized decency. Under Supreme Court precedent, behavior by government officials, including prosecutors and investigators, that objectively may be characterized as outrageous, arbitrary, capricious, biased, vindictive, or conscience shocking violates due process. Whether officials’ behavior crosses the constitutional threshold requires an assessment of the totality of the circumstances and is, accordingly, a factually sensitive inquiry. Facts disinterred thus far suggest that the “collusion” narrative—alleging that Russia and Donald Trump’s campaign colluded to throw the 2016 presidential election—may have a corrupt or politically biased …

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Data Linkage Discovery Applications, Richard S. Segall, Shen Lu Jan 2018

Data Linkage Discovery Applications, Richard S. Segall, Shen Lu

Faculty Publications

This chapter discusses the topic of linkage discovery for data and their applications. This chapter enhances a previous study by the authors and includes additional references that pertain to applications of linkage discovery not requiring a glossary framework.

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Invisible Stripes: The Problem Of Youth Criminal Records, Judith G. Mcmullen Jan 2018

Invisible Stripes: The Problem Of Youth Criminal Records, Judith G. Mcmullen

Faculty Publications

It is common knowledge in American society that persons who have criminal records will have a more difficult path to obtaining legitimate employment. Similarly, conventional wisdom acknowledges the unfortunate fact that young people, on average, are more prone to engage in risky, impulsive, and other ill-advised behavior that might result in brushes with law enforcement authorities. This article addresses the difficult situation faced by people whose now disabling criminal records were attained while they were under the age of 21. Not only do such individuals face stigma and possible discrimination from potential employers, the efforts of today’s young people to …

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