Digital Commons Network^™

Capitalizing On Criminal Justice, Eisha Jain

Faculty Publications

No abstract provided.

Proportionality And Other Misdemeanor Myths, Eisha Jain

Faculty Publications

No abstract provided.

Combatting Discrimination Against The Formerly Incarcerated In The Labor Market, Ifeoma Ajunwa, Angela Onwuachi-Willig

Faculty Publications

Both discrimination by private employers and governmental restrictions in the form of statutes that prohibit professional licensing serve to exclude the formerly incarcerated from much of the labor market. This Essay explores and analyzes potential legislative and contractual means for removing these barriers to labor market participation by the formerly incarcerated. First, as a means of addressing discrimination by the state, Part I of this Essay explores the ways in which the adoption of racial impact statements — which mandate that legislators consider statistical analyses of the potential impact their proposed legislation may have on racial and ethnic groups prior …

Toward A Sociology Of Forensic Knowledge: A (Supplementary) Response To Cole, David S. Caudill

Faculty Publications

No abstract provided.

Federalism And Constitutional Criminal Law, Brenner M. Fissell

Faculty Publications

A vast body of constitutional law regulates the way that police investigate crimes and the way that criminal cases are handled at trial. The Supreme Court has imposed far fewer rules regarding what can be a crime in the first place, how it must be defined, and how much it can be punished. What explains this one-sided favoring of “procedure” over “substance?” This Article aims to unearth and assess the justification that the Court itself most often uses when it refuses to place constitutional limits on substantive criminal law: federalism. While the Court often invokes the concept to rationalize its …

Commercial Sexual Exploitation Of Youth In The United States: A Qualitative Systematic Review, Michelle Hampton, Michelle Lieggi

Faculty Publications

Background:Homeless, runaway, and transgender youth are at high risk for commercial sexual exploitation in the United States. Research examining this phenomenon is growing but requires synthesis to facilitate its use by professionals who serve this population. The purpose of this review was to aggregate the qualitative evidence regarding commercially sexually exploited youth (CSEY) in the United States.Methods:The search included published and unpublished qualitative studies with current or former CSEY who reside in the United States.Results:There were 19 studies included in the review with a total of 795 participants. Eight themes were identified and grouped into three broader categories: experiences that …

Social Imaginaries And The Theory Of The Normative Utterance, Meili Steele

Faculty Publications

Theorists of the social imaginary, such as Benedict Anderson, Charles Taylor, Cornelius Castoriadis, and Marcel Gauchet have given us new ways to talk about the structures of the shared meanings and practices of the West. As a group, they have directed their arguments against the narrow horizons of meaning oyed by deliberative political theories in developing their basic normative concepts and principles. Anderson speaks of the new shapes of time and space provided by the novel and newspaper; Taylor and Gauchet discuss the ontological importance of the emergence of secularity, the public sphere, popular sovereignty, and the market; Castoriadis places …

Crimmigration-Counterterrorism, Margaret Hu

Faculty Publications

The discriminatory effects that may stem from biometric ID cybersurveillance and other algorithmically-driven screening technologies can be better understood through the analytical prism of “crimmigrationcounterterrorism”: the conflation of crime, immigration, and counterterrorism policy. The historical genesis for this phenomenon can be traced back to multiple migration law developments, including the Chinese Exclusion Act of 1882. To implement stricter immigration controls at the border and interior, both the federal and state governments developed immigration enforcement schemes that depended upon both biometric identification documents and immigration screening protocols. This Article uses contemporary attempts to implement an expanded regime of “extreme vetting” to …

A Theory Of Differential Punishment, Jack Boeglin, Zachary Shapiro

Faculty Publications

A puzzle has long pervaded the criminal law: why are two offenders who commit the same criminal act punished differently when one of them, due to circumstances beyond her control, causes more harm than the other? This tradition of result-based differential punishment the practice of varying offenders' punishment based on whether or not they cause specific "statutory harms"-has long stood as an intractable problem for scholars and jurists alike.

This Article proposes a solution to this long-standing conceptual problem. We begin by introducing a dichotomy between two broad and exhaustive categories of ideological justifications for punishing criminal offenders. The first …

“I’Ve Risen Up From The Ashes That I Created”: Record Clearance And Gendered Narratives Of Self-Reinvention And Reintegration, Elsa Chen, Ericka Adams

Faculty Publications

Record clearance allows some individuals to redesignate or remove certain minor convictions from their criminal records. This interview-based study finds that both men and women seek opportunities for personal gain through record clearance, but women are more motivated by moral and religious influences and concern about reputation. Women are also more likely than men to acknowledge personal flaws, and to desire to replace criminal identities with law-abiding identities. As women redefine their identities, caregiving is especially important as a personal obligation and professional aspiration. Record clearance is particularly compatible with women’s motivations, willingness to change, and personal and professional goals.

An Engine For Army Learning: Army University’S Center For Teaching And Learning Excellence, Leonard Lira, Keith Beurskens

Faculty Publications

To develop adaptive and innovative professionals that can maintain focus on readiness in the near and far terms, the Army institutionalized learning by establishing Army University (ArmyU). The engine of this institutionalized learning is the Center for Teaching and Learning Excellence (CTLE). Modeled after similar centers of learning from civilian institutions of higher education, ArmyU’s CTLE facilitates learning in the Army in three ways. First, by “professionalizing” the core curriculum of its “profession.” Second, by developing a cadre of faculty through programs that go beyond the rhetoric of the label “world-class.” Lastly, CTLE facilitates an internal learning network with Centers …

“Not To Disclose Information Sources”: Journalistic Privilege Under Article 19 Of Iccpr, Edward L. Carter

Faculty Publications

International law took a significant step in recent years toward protection of journalists’ sources and newsgathering processes. The international law journalistic privilege previously had been upheld by international tribunals, but it was not until 2011 that the United Nations Human Rights Committee adopted an interpretation of freedom of expression that included journalistic privilege. The presence of the privilege within freedom of expression, as recognized in Article 19 of the International Covenant on Civil and Political Rights, is important for several reasons. As part of freedom of expression, the privilege may not be overcome without a showing of necessity and proportionality, …

How University Title Ix Enforcement And Other Discipline Processes (Probably) Discriminate Against Minority Students, Ben L. Trachtenberg

Faculty Publications

This Article argues that university discipline procedures likely discriminate against minority students and that increasingly muscular Title IX enforcement - launched with the best of intentions in response to real problems - almost certainly exacerbates yet another systemic barrier to racial justice and equal access to educational opportunities. Unlike elementary and secondary schools, universities do not keep publicly available data on the demographics of students subjected to institutional discipline, which prevents evaluation of possible disparate racial impact in higher education. Further, several aspects of the university disciplinary apparatus-including broad and vague definitions of offenses, limited access to legal counsel, and …

The Miranda Custody Requirement And Juveniles, Paul Marcus

Faculty Publications

Concerns about the interrogation process and the ability of minors to navigate the criminal justice system often intersect. The impact of the age of juveniles can be seen in a variety of judicial decisions, most markedly those dealing with punishment. But judicial concern for juveniles goes well beyond sentencing. The interrogation process raises especially grave fears.

Since the Supreme Court issued its landmark ruling in Miranda v. Arizona disallowing compelled inculpatory statements by criminal suspects and defendants, there has been concern as to whether juveniles fully understand and appreciate their rights as articulated in Miranda and based in the Fifth …

Integrating A Trauma-Informed Care Perspective In Baccalaureate Social Work Education: Guiding Principles, Matthew L. Vasquez, Shamra Boel-Studt

Faculty Publications

Over the past decade, there has been substantial growth in empirical evidence supporting that proper assessment and treatment of trauma using evidence-based practices can effectively reduce a wide range of symptoms in both children and adults. Given the complex nature of trauma treatment, trauma-based educational programming in social work is most commonly found at the graduate level. Yet, to date, there has been little discussion calling for the inclusion of trauma content in BSW education. In this paper, we examine the current state of trauma-content inclusion in social work education, and offer a guiding framework for integrating core trauma content …

Expungement, Defamation And False Light: Is What Happened Before What Really Happened Or Is There A Chance For A Second Act In America?, Doris Deltosto Brogan

Faculty Publications

No abstract provided.

Five Questions For The Next Thirty Years Of Federal Sentencing, Steven L. Chanenson

Faculty Publications

No abstract provided.

We Need To Talk About Police Disciplinary Records, Kate Levine

Faculty Publications

In March 2017, an employee of New York’s Civilian Complaint Review Board leaked the disciplinary record of Daniel Pantaleo to the media. Pantaleo, the police officer who choked Eric Garner to death in the video that went public and horrified many citizens, is under federal investigation after a Staten Island grand jury refused to indict him for Garner’s death. Legal Aid Society attorneys had unsuccessfully sought the release of his records in the courts for years. The leak of his records is the public face of an important but rarely discussed issue facing police, legislators, judges, lawyers, and scholars who …

The Affirmative Action Policy: A Tale Of Two Nations And The Implementation Conundrum, Kwame B. Antwi-Boasiako

Faculty Publications

The enforcement of affirmative action programs such as quotas has not only generated endless debate in many countries but has also encountered resistance from those, usually conservatives, who question the fairness of such a program or policy. Brazil and the United States of America are two of the destinations for enslaved people of African descent who were, on their arrival to their new countries, treated as second-class citizens and had to endure institutional, political, and legalized structural racism and discrimination in high education. This paper provides some of the definitions of affirmative action found in the literature and discusses the …

Removal Of Women And African-Americans In Jury Selection In South Carolina Capital Cases, 1997- 2012, Ann M. Eisenberg

Faculty Publications

The Supreme Court’s May 2016 decision in Foster v. Chatman involved smoking-gun evidence that the State of Georgia discriminated against African-Americans in jury selection during Foster’s 1987 capital trial. Foster was decided on the thirtieth anniversary of Batson v. Kentucky, the first in the line of cases to prohibit striking prospective jurors on the basis of their race or gender. But the evidence of discrimination for Batson challenges is rarely so obvious and available as it was in Foster.

Where litigants have struggled to produce evidence of discrimination in individual cases, empirical studies have been able to assess jury selection …

Studying Guilt Perception In Millennials: Unexpected Effects Of Suspects' Race And Attractiveness, D. Lisa Cothran, Elena V. Stepanova, K. Raquel Barlow

Faculty Publications

The present study explored mock jurors’ guilt judgments with a 2 (Jurors’ Race: Black vs. White) × 2 (Suspects’ Race: Black vs. White) × 2 (Suspects’ Attractiveness: High vs. Low) design in a group of Millennials (N = 331). Black jurors were more lenient; all jurors were more lenient toward Black suspects; and White jurors were less lenient toward Black unattractive suspects. The current study contributes the following novel findings to the literature: documentation of a possible Black experimenter effect in mock jurors; an interaction among suspects’ race, suspects’ attractiveness, and jurors’ race, suggesting that racial bias exhibited by …

Flourishing In Emerging Adulthood: An Understudied Approach To The Third Decade Of Life, Laura M. Padilla-Walker, Larry J. Nelson

Faculty Publications

There is a growing body of literature that suggests that the third decade of life is anything but a time to foster positive development. Indeed, emerging adulthood has been referred to as a time of arrested development during which young people avoid responsibilities that are thought to be typical of adulthood (Cote, 2000), and instead engage in behaviors they feel they will not be able to enjoy once they become adults (e.g., travel, exploration of substance use and sexual experience, living a carefree life-style; Ravert, 2009). Emerging adults have been referred to as "Generation Me" and are increasingly typified as …

If Its Walks Like Systematic Exclusion And Quacks Like Systematic Exclusion: Follow-Up On Removal Of Women And African-Americans In Jury Selection In South Carolina Capital Cases, 1997-2014, Ann M. Eisenberg, Amelia Courtney Hritz, Caisa Elizabeth Royer, John H. Blume

Faculty Publications

No abstract provided.

Amnesty For Even The Worst Offenders, Jay Butler

Faculty Publications

In recent years, global policy makers have declared that heads of state must be held accountable through criminal prosecution for internationally wrongful acts. Scholars too have insisted that the international system’s embrace of accountability excludes or renders illegal the granting of amnesty. This Article argues that that position is too narrow and uses the ongoing conflict in Syria, as well as other contemporary examples, to examine some of consequences of the clamor for prosecution.

The Article rejects the binary juxtaposition of amnesty and accountability in current international legal scholarship, and instead seeks to broaden the terms of the conversation by …

Neuroscience Changes More Than You Can Think, Paul S. Davies, Peter A. Alces

Faculty Publications

In this Essay, we consider the contribution of a startling new book, Law & Neuroscience (L&N), by Owen Jones, Jeffrey Schall, and Francis Shen. It is a law school course book (a genre not often the focus of a scholarly review essay) that supports fundamental inquiry into the relationship between emerging neuroscientific insights and doctrinal conceptions in the law. We believe that the book shifts the paradigm and so may profoundly affect the course of normative evaluation of law. In this Essay, we trace and evaluate the “argument” of the book and suggest ways in which its contribution to the …

Women In Community Corrections In New York City: Hiv Infection And Risks, Nabila El-Bassel, Phillip Marotta, Stacey Shaw, Mingway Chang, Xin Ma, D Goddard-Eckrich, Tim Hunt, Karen Johnson, Sharun Goodwin, Maria Almonte, Louisa Gilbert

Faculty Publications

Although the incidence of HIV among women on probation, parole and alternatives to incarceration programs is significant to public health, drivers of this concentrated epidemic among women under community corrections remain understudied. This study examined prevalence of HIV and sexually transmitted infections and the associations between substance use, sociodemographic factors and the prevalence of biologically-confirmed HIV and other sexually transmitted infections among a sample of 337 substance-using women recruited from community correction sites in New York City. Prevalence of HIV was 13% and sexually transmitted infections was 26% (Chlamydia, trachomatis and Neisseria gonorrhea). After adjusting for covariates, HIVpositive women were …

Latino Adolescent Substance Use: A Mediating Model Of Inter-Parental Conflict, Deviant Peer Associations, And Parenting, Sergio B. Pereyra, Roy A. Bean

Faculty Publications

Substance use among Latino adolescents continues to be a growing concern for researchers and clinicians. This paper reviews relevant literature regarding the impact of inter-parental conflict (IPC), deviant peer associations (DPA) and parenting behaviors, namely as parental support, psychological control, and parental monitoring knowledge on substance use among Latino adolescents. Although mediating models of IPC and similar parenting behaviors on adolescent externalizing behaviors have been represented in empirical studies, none have included the influence of peer associations or have analyzed these factors with substance use among Latino adolescents in the U.S. This study investigated direct relationships of IPC and DPA …

Frontiers In Spatial And Spatiotemporal Crime Analytics - An Editorial, Marco Helbich, Michael Leitner

Faculty Publications

No abstract provided.

Court Transparency And The First Amendment, David S. Ardia

Faculty Publications

This is a critical time for court transparency because the courts, like so many institutions of government, are in the midst of a transformation from the largely paper-based world of the twentieth century to an interconnected, electronic world where physical and temporal barriers to information are disappearing. Not surprisingly, the shift to electronic access to the courts raises significant privacy concerns. As a result of these and other concerns, a number of courts and legislatures are considering sharply limiting public access to certain court proceedings and records.

Forensic Science: Daubert's Failure, Paul C. Giannelli

Faculty Publications

In 2015, a federal judge noted that “[m]any defendants have been convicted and spent countless years in prison based on evidence by arson experts who were later shown to be little better than witch doctors.” In the same year, a White House science advisor observed: “Suggesting that bite marks [should] still be a seriously used technology is not based on science, on measurement, on something that has standards, but more of a gut-level reaction.” According to another judge “[a]s matters currently stand, a certainty statement regarding toolmark pattern matching has the same probative value as the vision of a psychic.” …