Digital Commons Network^™

Death Is Not So Different After All: Graham V. Florida And The Court's "Kids Are Different" Eighth Amendment Jurisprudence, Mary E. Berkheiser

Scholarly Works

In Graham v. Florida, the United States Supreme Court declared that life sentences without the possibility of parole for non-homicides are off limits for all juveniles. Following its lead in Roper v. Simmons, the landmark decision in which the Court abolished the juvenile death penalty, the Court expanded on its Eighth Amendment juvenile jurisprudence by ruling that locking up juveniles for life based on crimes other than homicides is cruel and unusual and, therefore, prohibited by the Eighth Amendment. With that ruling, the Court erected a categorical bar to incarcerating forever those not yet adults at the time …

Race Disparity Under Advisory Guidelines: Dueling Assessments And Potential Responses, Ryan W. Scott

Articles by Maurer Faculty

Dueling studies of race disparity, one by the U.S. Sentencing Commission (USSC, 2010) and an alternative analysis published in this issue by Ulmer, Light, and Kramer (2011), diverge sharply in their methodological choices and in their characterization of trends in federal sentencing. The Commission’s study suggests a marked increase in race disparity, differences in sentencing outcomes between racial groups that cannot be explained by controlling for relevant nonrace factors, after the Supreme Court’s decisions in United States v. Booker (2005) and Gall v. United States (2007). Those decisions rendered the federal Sentencing Guidelines advisory and set a highly deferential standard …

A Kind Of Judgment: Searching For Judicial Narratives After Death, Timothy W. Waters

Articles by Maurer Faculty

Much of international criminal law's attraction rests on the 'authoritative narrative theory '--the claim that legal judgment creates incontestable narratives that serve as the foundation, or at least a baseline, for post-conflict reconciliation. So what happens when there is no judgment? This is the situation that confronted the International Criminal Tribunal for the Former Yugoslavia when its most prominent defendant, Slobodan Milosevic, died. By turning scholarship's attention towards a terminated trial, this Article develops an indirect but powerful challenge to one of the dominant views about what international criminal law is for, with interdisciplinary implications for human rights, international relations, …

An Examination Of The Effectiveness Of An Early Truancy Intervention For Reducing Chronic Absenteeism Amongst At-Risk Students Through The Use Of Regression Discontinuity Analysis, Johanna M. Thomas

LSU Doctoral Dissertations

Truancy is a major social problem affecting students, families, schools, and communities in the United States and is associated with low academic achievement, grade retention, and dropout. Truancy is also correlated with other adverse life outcomes including delinquency, substance abuse, and incarceration. Social work best practices literature suggests that truancy interventions should take place before habitual chronic truancy becomes a problem. There are few truancy preventions for elementary-age students that have been empirically assessed. Thus, this study examined the effectiveness of the Truancy Assessment and Service Centers intensive case management intervention for elementary-aged students (N = 700) using a quasi-experimental …

The Times-Picayune Coverage Of Three Incidents Resulting In Capital Trials, Sean Seosop Muggivan

LSU Master's Theses

Death penalty cases are truly the most unique cases in the criminal justice system. Much research has been done showing that the death qualification process venripersons must undergo results in jurors un-empathetic to the kind of information used to mitigate the death penalty, as well as creating a jury that is more susceptible to pretrial publicity. This study reviews this research and analyzes the content of a New Orleans’ newspaper’s coverage of three incidents resulting in capital trials. It was found that, similar to a study done in California that was the model for this study’s content analysis, the newspaper …

The Family Capital Of Capital Families: Investigating Empathic Connections Between Jurors And Defendants' Families In Death Penalty Cases, Jody L. Madeira

Articles by Maurer Faculty

No abstract provided.

Reflections On Designing Governance To Produce The Rule Of Law, Lisa Blomgren Bingham

Journal of Dispute Resolution

This article first briefly reviews definitions of the rule of law. Second, it briefly reviews current understandings and approaches to governance. Third, it introduces the concept of dispute systems design, its application to collaborative governance across the policy continuum, and failures in the rule of law as seen through this frame. Finally, it provides examples of rule of law initiatives organized across the policy process in governance.

Adr And Transitional Justice As Reconstructing The Rule Of Law, Michal Alberstein

Journal of Dispute Resolution

This paper addresses the role of ADR in reconstructing the rule of law following the critique this idea received during the 20th century, and exemplifies this role through reference to another alternative movement in law-The Transitional Justice movement. In contrast to efforts to reconcile the notion of the rule of law with ADR, or to demarcate the proper interaction between these social institutions in achieving justice, this paper argues for a deeper connection between the two notions: After briefly analyzing the intricate meanings of the rule of law notion through history and its relation to ADR, the paper continues to …

Facing The Unfaceable: Dealing With Prosecutorial Denial In Postconviction Cases Of Actual Innocence, Aviva A. Orenstein

Articles by Maurer Faculty

As this memorial volume illustrates, Fred Zacharias wrote insightfully on many aspects of the legal profession, covering a wide-range of ethical topics and analyzing many aspects of lawyers’ work. He was interested in the lives of lawyers and believed they owed a duty to society beyond an exclusive focus on individual clients’ interests.

This Article develops a question that intrigued Fred: Prosecutors’ duties postconviction to prisoners who might be innocent. Although Fred wrote about a panoply of questions that arise regarding the prosecutor’s duty to “do justice” after conviction, this Article will address one specific area of concern: how and …

The Predictive Ability Of Demographic And Psychosocial Risk Factors, School-Related Characteristics, And Service Interventions On Grade Attainment Among At-Risk Elementary School Children In A Truancy Intervention Program, Judith L. F. Rhodes

LSU Doctoral Dissertations

The purpose of the current exploratory-descriptive retrospective study was to examine the demographic, school-related, and psychosocial risk factors among at-risk elementary school children (N = 12644) assessed at low and high levels of risk for continuing truancy. The sample was enrolled in 16 statewide program sites of a community-based truancy prevention program in Louisiana, which provided a letter and attendance monitoring for low-risk participants and intensive case management for high-risk participants. Intercorrelations among risk factors and referred services and on-time grade attainment were assessed for a subsample of the high-risk children (n = 6088). Binary logistic regression analyses were conducted …

Gangs And Gang Activity In America: A Prevention Report, Portland State University. Criminology And Criminal Justice Senior Capstone

Criminology and Criminal Justice Senior Capstone Project

This report covers information on gangs, gang activity, and gang prevention. The report reveals information such as the history of gangs in the U.S., the definition of “gang,” data on prevalence, persons affected by gang activity, demographics of gangs and their members, criminal activity committed by gangs, gang hierarchical structure, prevention strategies, and effectiveness of gang prevention programs.

Educational Qualification And Racial Attitudes: Does Educational Qualification Really Matter?, Bonny Ghosh

LSU Master's Theses

Most of the literature on social inequality reports that traditional old-fashioned, overt racism has been transformed into a modern symbolic form of covert racism in contemporary American society. Eduardo Bonilla-Silva asserts that “color-blind racism” is the dominant form of racism that persists in the post-Civil Rights period in the USA. A large body of research argues that education may not make too much of a difference in individuals’ racial attitudes. Studies also show that despite the fact that education is a crucial social institution, it cannot make the ills of intolerance and negative racial perceptions cease to exist. Given the …

Mission Creep In Military Lawyering, Elizabeth L. Hillman

Faculty Scholarship

No abstract provided.

The Role Of Reporter For A Law Project, Rory K. Little

Faculty Scholarship

No abstract provided.

Aba's Project To Revise The Criminal Justice Standards For The Prosecution And Defense Functions, Rory K. Little

Faculty Scholarship

No abstract provided.

Comparative International Law, Ugo Mattei

Faculty Scholarship

No abstract provided.

The Moving To The Beat Documentary And Hip-Hop Based Curriculum Guide: Youth Reactions And Resistance, Jennifer Wallin-Ruschman

Dissertations and Theses

Many of the academic and popular treatments of hip-hop overlook the complexity of the phenomenon. Hip-hop is often portrayed solely as a source of corruption and regressive tendencies or, alternatively, as a sort of savior for otherwise marginalized individuals and source of revolutionary power. This thesis situates hip-hop between these poles and draws out its progressive and regressive aspects for analysis. Considering its vast global influence and a growing body of academic literature, hip-hop has been notably understudied in the field of psychology. Alternatively, educational theorists and practitioners have realized the power of hip-hop in revisualizing an emancipatory education that …

The Prevalence And Predictive Nature Of Victimization, Substance Abuse & Mental Health On Recidivism: A Comparative Longitudinal Examination Of Male And Female Oregon Department Of Corrections Inmates, Anastacia Konstantinos Papadopulos

Dissertations and Theses

As a consequence of increased awareness and the current scholarly debate regarding women's differential predictors of recidivism, criminal justice agencies are working with researchers in the field to expand their knowledge in this area. In 2007, Portland State University researchers in collaboration with the Oregon Department of Corrections conducted an investigation of factors emerging in the pathways and gender responsive literature as predictive of women's recidivism in a randomly selected sample of female (n=150) and male (n=150) inmates. This study used information gathered from that investigation for two purposes: (1) to assess the prevalence rates of victimization experiences (childhood, adolescent …

Toward A Richer Shade Of Blue: The Impact On Oregon Police Officer Perceptions Of Racial Minorities After Anti-Racial Profiling Training, David Andrew Kline

Dissertations and Theses

Four fatal shootings, during police interactions, of unarmed people-of-color occurred in the Portland, Oregon Metro Area from 2003 to 2010 calling into question from members of the community whether or not the officers involved and hence their representative police departments had been racially profiling. Of interest in this study is whether or not cutting edge anti-racial profiling police officer trainings have an impact on how officers in Oregon perceive members of racial minority groups. A review of literature found that previous inquiries into racial prejudice among police officers may be present and that previous efforts to address racial ethics in …

Social And Human Capital: Contributing Effects Of Incarceration On Neighborhoods, Jacqueline Victoria Swofford

Dissertations and Theses

Interest in human and social capital's contribution to the desistence of crime is increasingly popular amongst criminologists, economists and policy makers. However, little attention has been drawn to the influence human and social capital indicators contribute towards the relationship between the re-entry process and juvenile crime at the neighborhood level. The current study hypothesizes the existence of a mediating relationship between human and social capital indicators (2000) and the rates of receiving formerly incarcerated persons (1997-2002) and juvenile arrest (2006-08) in 92 Portland, Oregon neighborhoods. Portland, Oregon receives more formerly incarcerated persons from Oregon's state correctional facilities than any other …

Campus Sexual Assault: How Oregon University System Schools Respond, Michael William Murphy

Dissertations and Theses

College is usually thought of as a time where students, often living alone for their first time, are encouraged towards healthy risk-taking behavior, as well as social, intellectual, and vocational development. Unfortunately for female students, college becomes the time of their lives where they are exposed to the highest risk of sexual victimization. Many colleges across America have taken steps to address the significant problem of sexual assault on their campuses. However, even with rising concern about the sexual victimization of college students, there remains very little systematic information published about the content of sexual assault policies, protocols and programs …

Runaway And Homeless Youth: Changing The Discourse By Legitimizing Youth Voice, Donald Dale Schweitzer

Dissertations and Theses

Undoubtedly, runaway and homeless youth (RHY) are one of the most vulnerable, yet underserved groups in our country. Well-meaning advocates have developed programs and services in an attempt to remedy this, yet there is little evidence of their effectiveness. Moreover, according to the research literature, a low utilization rate of current services by youth is a major concern. From a constructivist theoretical position, this study posits that the missing element is youth voice and the researcher hired formerly homeless youth to conduct the analysis of focus group data gathered from RHY who were participating in a range of services funded …

Dainty Hands: Perceptions Of Women And Crime In Sherlock Holmes Stories, Hadar Aviram

Faculty Scholarship

No abstract provided.

Law School Gifts Keep Giving - Clinical Programs Train Students While Serving The Legal Needs Of Ordinary Nevadans, Mary Berkheiser

Scholarly Works

No abstract provided.

Criminal Justice Policy Research Institute Newsletter, Portland State University. Criminal Justice Policy Research Institute

Criminal Justice Policy Research Institute Newsletters

Newsletter provides information on:

• Latest research results
• Projects and studies underway
• Research awards and distinctions
• Recent research publications

Simulated Subaverage Performance On The Block Span Task Of The Stanford-Binet Intelligence Scales-Fifth Edition, Alyse Ann Barker

LSU Master's Theses

As clinical psychologists and neuropsychologists routinely assess individuals in medicolegal and criminal forensic settings, they are faced with the challenge of evaluating and testifying on the validity of these psychological and neuropsychological assessments. Individuals possess various motives for manipulating their responses or performance on psychological and neuropsychological assessment instruments. Malingering refers to poor effort on psychological and neuropsychological tests when an external incentive is present to reward poor performance. Malingering can be assessed by stand-alone measures of effort or measures derived from the response profiles of traditionally administered neuropsychological and psychological tests. Using a dataset from the Stanford-Binet Intelligence Scales-Fifth …

Improving Criminal Justice: How Can We Make The American Criminal Justice System More Just?, Joseph L. Hoffmann, Nancy J. King

Articles by Maurer Faculty

No abstract provided.

Growing Up Policed In The Age Of Aggressive Policing Policies, Brett G. Stoudt, Michelle Fine, Madeline Fox

Publications and Research

Spray-painted atop an old tenement building in the East Village of Manhattan is a large fossilized graffiti image of a tyrannosaurus rex that reads: “NYC EATS ITS YOUNG.” With its ribs exposed and mouth open, this image represents symbolically what many young people in the neighborhood already know intimately and have experienced: New York City (NYC) is not an easy place to grow up. Their social safety nets are being dismantled and the public institutions they rely on every day often fail them. In NYC, public school budgets are being slashed each year even though the high school dropout/push-out rates …

Hiv Education For Youth In Transition To Adulthood, Peter Eugene Gamache

USF Tampa Graduate Theses and Dissertations

This dissertation investigated the role of Human Immunodeficiency Virus (HIV) stigma in program implementation. A case study design comprising qualitative methods provided in-depth, context-sensitive comparisons of adult educator (n = 8) and youth (n = 67) perspectives among programs that provide HIV services and those that provide risk reduction services. Nearly half of the youth participants were male, 42% were female, and 6% identified as transgender. Two thirds of participants were Black or African American, one quarter of participants were Hispanic or Latino, and the average participant age was 19. Although program personnel from all youth service programs in this …

Community-Based Approaches For Supporting Positive Development In Youth And Young Adults With Serious Mental Health Conditions, Janet S. Walker, L. Kris Gowen

School of Social Work Faculty Publications and Presentations

Our goal in this chapter is to describe empirically- supported and promising community-based programs or approaches that are designed to promote positive development and to achieve better outcomes for young people with SMHC. We begin by providing more detail regarding the nature of the challenges that these young people face, as well as some of the challenges that systems and providers currently face in trying to serve the population. We then go on to describe recent theory and research on positive development, particularly as it applies to older adolescents and young or “emerging” adults. The next sections of the chapter …