Digital Commons Network^™

Validating The Right To Counsel, Brandon L. Garrett

Faculty Scholarship

This Essay, written as part of a Symposium celebrating the 50th Anniversary of Gideon v. Wainwright, focuses on the elaboration of the Gideon right in the context of ineffective assistance of counsel litigation. First, I describe how ineffective assistance of counsel claims came to dominate and define federal habeas corpus litigation, changing the structure of state post-conviction rules in reaction to the new prominence of ineffective assistance of counsel claims at the federal level, expanding to consider assistance of counsel during plea bargaining, and raising complex questions for post-conviction courts. Despite the ubiquity of ineffective assistance of counsel claims, the …

What Makes A Crime Against Humanity A Crime Against Humanity?, Charles Chernor Jalloh

Faculty Publications

This article examines what makes a crime against humanity a crime against humanity as opposed to an ordinary offense under domestic criminal law. One answer is to say that any systematic or widespread attack against a civilian population which is sponsored, supported or condoned by the State is a crime against humanity. Another interpretation is that any widespread or systematic attacks against civilians which “infringe on basic human values” should be classified as crimes against humanity. This paper will use the Rome Statute and emerging case law of the International Criminal Court (ICC) to argue that neither of the two …

Provisional Arrest And Incarceration In The International Criminal Tribunals, Charles Chernor Jalloh, Melinda Taylor

Faculty Publications

This article examines the widely ignored but important issue regarding the provisional arrest and detention of persons suspected of having committed international crimes by international or internationalized courts. The paper examines the pioneer case law and practice of the United Nations International Criminal Tribunals for the former Yugoslavia and Rwanda, the Extraordinary Chambers in the Courts of Cambodia, and the Special Tribunal for Lebanon, as well as the emerging practice of the permanent International Criminal Court, to evaluate how these courts have generally addressed the rights of these individuals to due process and freedom from arbitrary arrest and detention before …

Dissent Into Confusion: The Supreme Court, Denialism, And The False “Scientific” Controversy Over Shaken Baby Syndrome, Joelle A. Moreno, Brian Holmgren

Faculty Publications

No abstract provided.

The Implications Of Multigenerational Differences Within The Workforce, Benjamin R. Hayes

Research Papers

This paper identifies and discusses generational effects on public administration, particularly in the field of public administration and public policy. Specifically, it is the conclusion here that identifying the different perspectives, attitudes, and behaviors exhibited by the five traditional generational groups (traditionalists/veterans, Baby Boomers, Generation X, Generation Y/Millenials, and Generation Z) will assist managers in the public sector field to better communicate with their employees, thus resulting in a more effective working environment through enhancing organizational cohesion and cooperation. A phenomenological mixed method will be employed, utilizing peer-reviewed literature and governmentally issued statistics. Discussion of these aspects follows below and …

Can The Triarchic Model Differentiate Between Psychopathy And Antisocial Personality Disorder?, Tina Dilem Wall

Online Theses and Dissertations

Although Antisocial Personality Disorder (APD) represents the closest diagnostic equivalent to psychopathy in the DSM-IV, it has long been recognized as failing to capture the full range of the construct. The current study examined the degree to which boldness, a trait domain within the triarchic conceptualization of psychopathy (Patrick et al., 2009) that captures fearlessness, dominance, and low stress reactivity, represents a distinct difference between psychopathy and APD. Utilizing a sample of 108 male prison inmates, the current study examined the extent to which boldness, relative to meanness and disinhibition (indexed by the Triarchic Psychopathy measure; Patrick, 2010), accounted for …

Kentucky Sro Programs: An Examination Of Impact On Reported Criminal Violations And Board Violations, William John Sullivan

Online Theses and Dissertations

School violence has become a focal point throughout the United States, sparked by violent mass killings at schools throughout the nation. In response to these horrific attacks, school officials, law enforcement, parents, and others have taken measures to improve school safety. One of the most substantial efforts includes the utilization of specially trained police officers (SROs) in our schools. Currently, there are approximately 230 SROs assigned to Kentucky schools (KASRO, 2013) and an estimated 20,000 SROs nationally (Myrstol, 2010). Regardless of the importance of maintaining safe schools and an environment that is conducive to learning, relatively little research has been …

Revulsion And Palatability: The Staying Power Of Death Penalty Rituals - Last Meals And Beyond, Angie Wheaton

Online Theses and Dissertations

The United States has a rich history surrounding capital punishment, and execution rituals are central to this history. The death penalty regime has evolved from a primarily private-based justice system to the state-carceral capital punishment system we have today. This thesis uses three historical eras as the framework for analyzing methods of executions and the rituals that surround them. Throughout each period, rituality has helped cushion the revulsion that is inherently present when taking the life of a human being. If revulsion is not managed, the legitimacy of capital punishment can be questioned. The apex of the capital punishment legitimacy …

Nowhere To Go: The Trend To Criminalize The Nation's Homeless, Jessica Anderson

Online Theses and Dissertations

The criminal justice system often uses much force in its response to the homeless population. The homeless are often targeted and have their basic human dignities trampled as law enforcement destroys their property and jails them for activity essential for human existence as those activities are criminalized. With the negative perception held by much of the criminal justice system, no homeless person can receive impartial treatment at the hands of the criminal justice system. This ethnographic study researches the trends in the criminalization of the homeless by interviewing seven respondents for their experiences and observations.

Examining The Role Of Race, Gender, And Class In African-American Police Perceptions In Rural Kentucky, Paul Maxwell Blackhurst

Online Theses and Dissertations

Prior research has consistently demonstrated the role of race in understanding racial and ethnic differences in perceptions of the police. This research has overwhelmingly shown that Blacks and Latinos hold lower levels of trust and confidence in the police than do Whites and other racial minorities. The increased skepticism of the police expressed by minority citizens is commonly associated with racial profiling and documented racial disparities in police behavior. Although policing research has empirically demonstrated the influence of race on perceptions of the police, few studies have explored police perceptions from a rural context. By employing the Citizen's Attitudes Towards …

The Upper Big Branch Mine Explosion: Occupational Hazard Or Preventable Tragedy; A Look At State-Corporate Crime, Cassandra Tate

Online Theses and Dissertations

Corporate crimes, defined as "illegal and harmful acts committed by officer and employees of corporations to promote corporate interests," have a greater impact on society than many street crimes. Corporate crime includes a range of white-collar crimes that affect employees and consumers. White-collar and corporate crimes are often ignored by the media unless there is involvement in some high profile scandal. There tends to be a paucity of research associated with coal industry related corporate crimes. This includes personal and death related events in the coal mining industry. This was evident in the 2010 explosion at the Upper Big Branch …

Factors That Contribute To Success In Policing Based On Prior Military Experience, Thomas Salem Fagan

Online Theses and Dissertations

This research attempted to determine whether current law enforcement officers with military experience felt that they were more prepared for their jobs in the agency than officers without military experience. Law enforcement officers from two police departments were selected to take a survey based on their military backgrounds. This survey was completed and the results were reviewed.

It was concluded that law enforcement officers with military experience felt that they were more prepared for the job and had an edge over other officers with no background in the military. In addition, officers with combat experience also felt that they had …

Rejecting The Rejecters: The Latent Effect Of Policy On Subculture, Ethan Maxwell Higgins

Online Theses and Dissertations

Specifically, this thesis is a look into rap lyrics, subculture, policy, reflexivity and the formation of the social self. In a broader vision, this thesis attempts to mold a theoretical pathway that illuminates where our cultural products "come from," not historically, but socially. Through the vehicle of rap lyrics I attempt to show that there is a historical and social structure that molds, limits and contains the very possibility of what music and lyrics can come to be. I try to show that the decisions we make on a national scale effects groups which have little political power, effectively recreating …

Sexual Victimization Among Sorority Women, Amanda Hinkel

Online Theses and Dissertations

Numerous studies have shown that sorority women have been found to be at greater risk for sexual victimization (including rape and sexual assault) than non-sorority women (29% to 7% respectively; Minow & Einolf, 2009) for several reasons, including: frequent contact and association with fraternity men, the prevalence of alcohol in Greek life, and the effects alcohol has on the body once it is consumed. This paper summarizes research on the circumstances that increase the likelihood that sorority women will become victims of sexual assault, sexual coercion, or rape.

Since the research has suggested that one in four college women are …

Music Piracy And Its Criminalization: Understanding The Napster Era (1999) To Present Through Donald Black's Theory Of Moral Time, Craig Robert Jankowski

Online Theses and Dissertations

In the year 1999 Napster, a provider of music downloading software, broke news headlines around the world when copyright infringement lawsuits were filed against the company. Ever since then internet music piracy has been a very controversial topic and a target for criminalization efforts. In the field of criminology there have been few attempts to apply theory to the topic of internet music piracy. Theorization of internet music piracy has mainly focused on the illegal behavior of music piracy, explaining the motivations and knowledge behind it. Something that has been neglected in theoretical work of online music piracy is its …

Predicting Inmate Economic Conflict In Female Housing Units: Individual Factors Versus Social Climate Factors, Polina Andreyevna Karpova

Online Theses and Dissertations

Despite the fact that a number of studies have focused on different types of prison victimization, very little research has investigated inmate economic conflict. This study describes the context of inmate economic conflict and examines the factors that may account for the development of this conflict in female housing facilities. The secondary data analysis study is based on validated survey data from 3499 female inmates housed in fifteen correctional facilities located in seven different states. In addition to conducting descriptive statistical analyses, inmate economic conflict scores were regressed on a range of individual-related (background) and social climate-related (environmental) variables. This …

A Deconstruction Of Dexter: An Analysis Of Noble Cause Corruption Within A Crime Drama, Alyssa Lawrence

Online Theses and Dissertations

The literature on corruption within law enforcement typically addresses factors such as brutality, dishonesty, accepting bribes, and using falsified evidence. This research project examines noble cause corruption (NCC), an area that scholarship has ignored until the last ten years. NCC is defined by Crank and Caldero (2007) as using illegal means to achieve good ends. Although NCC is not a new phenomenon it has become of greater focus in television and movies. Many recent television shows have represented NCC in a positive light, almost disguising it as if it were not present. Therefore the topic of this paper is not …

Risk To Public Safety Posed By Adjudicated Delinquent Juvenile Sex Offenders: Do They Really Need To Register, Donna Susan Mynatt

Online Theses and Dissertations

This study examined sexual and non-sexual recidivism among a sample of delinquent juvenile sexual offenders (JSOs) following commitment to a state juvenile correctional agency. Both juvenile and adult recidivism rates were studied. The results showed a low rate of sexual recidivism and a high rate of non-sexual recidivism across a 4-year follow-up period past age18. Logistic and linear regression identified 4 significant predictor variables of non-sexual recidivism. JSOs that were non-white, un-related to the victim in the initial offense, or used another location for the initial offense other than their own home, were significantly more likely to commit non-sexual recidivism. …

Police Deception: A Survey Of Eku Students, Jason Anthony Nicholson

Online Theses and Dissertations

Abstract

Police deception has been both good and bad for society. Deceptive interrogation is an effective method of gaining confessions and convictions. It is also dangerous in that it raises the potential for false confessions, damages police-citizen relationships, damages case strength, and encourages lying in other aspects of policing. The purpose of the study was to gauge the opinions of students regarding deceptive interrogation by police. A survey was administered to a purposive sample of undergraduates at Eastern Kentucky University. The survey asked questions regarding the students' level of approval toward different scenarios of police deception. It also asked some …

The Story Of Ewing: Three Strikes Laws And The Limits Of The Eighth Amendment Proportionality Review, Sara Sun Beale

Faculty Scholarship

In 1994 California enacted the nation's harshest "three strikes" law. Under this law, any felony can serve as a third strike, and conviction of a third strike requires a mandatory prison sentence of 25 years to life. In Ewing v. California, 538 U.S. 11 (2003), the Supreme Court held that sending a drug addict who shoplifted three golf clubs to prison for 25 years to life under the three strikes law did not violate the cruel and unusual punishment clause of the Eighth Amendment. The chapter for the forthcoming Criminal Law Stories tells the story of the Ewing case, describing …

Visiting Room: A Response To Prison Visitation Policies: A Fifty-State Survey, Giovanna Shay

Faculty Scholarship

This Essay responds to Boudin, Stutz & Littman, Prison Visitation Policies: A Fifty State Survey, by placing American visitation policies in a global context. American prison visitation polices are unique among advanced democracies. Other nations, particularly in Western Europe, have far more liberal policies. Prisons in the United Kingdom, Canada, and Finland feature mother/baby units and family visitation centers. In Denmark and Norway, prisoners are granted passes to visit family. These policies encourage visitation. Increased visitation is linked to lower recidivism, so adopting such policies would potentially lower prison populations in the United States. The Essay acknowledges that following …

Strickland-Lite: Padilla’S Two-Tiered Duty For Noncitizens, César Cuauhtémoc García Hernández

Maryland Law Review

No abstract provided.

The Dangerous Fantasy Of Lincoln: Framing Executive Power As Presidential Mastery, Julie Novkov

Maryland Law Review

No abstract provided.

Perry V. New Hampshire: Abandoning The Supreme Court's Fundamental Concern With Eyewitness Reliability, Shaun Gates

Maryland Law Review

No abstract provided.

American Gangsters: Rico, Criminal Syndicates, And Conspiracy Law As Market Control, Benjamin Levin

Scholarship@WashULaw

In an effort to re-examine legal and political decisions about criminalization and the role of the criminal law in shaping American markets and social institutions, this Article explores the ways in which criminal conspiracy laws in the United States have historically been used to subdue non-state actors and informal markets that threatened the hegemony of the state and formal market. To this end, the Article focuses primarily on the Racketeer Influenced and Corrupt Organizations Act (RICO) as illustrative of broader trends in twentieth century criminal policy. Enacted in 1970, RICO provides criminal sanctions for individuals engaged in unacceptable organized activities …

De-Naturalizing Criminal Law: Of Public Perceptions And Procedural Protections, Benjamin Levin

Scholarship@WashULaw

In this essay, I examine and challenge the rhetorical trope of the guilty going free by emphasizing the institutional and political intricacies that comprise the criminal justice system and necessarily under-gird a determination of “guilt”. My goal, at its essence, is to de-naturalize the criminal law and discussions of the criminal justice system in the context of this symposium. I aim to emphasize that a guilty verdict is the result of a series of (politically-inflected) decisions about how to draft criminal statutes, how to structure a trial, and how to select a jury. De-naturalizing criminal law is, of course, a …

What Is Philosophy Of Criminal Law?, Youngjae Lee

Faculty Scholarship

No abstract provided.

Federalism And The Eighth Amendment, Youngjae Lee

Faculty Scholarship

How many “cruel and unusual punishments” clauses are there? Michael Mannheimer, in his article, Cruel and Unusual Federal Punishments, argues that there are two—one for the federal government and one for state governments.1 Mannheimer contends that courts have been unduly neglecting the former and mistakenly applying the latter to the federal government without adequate reflection.2 Mannheimer further argues that the Eighth Amendment is primarily a device to promote state sovereignty and that we should accordingly read it as requiring that federal punishments be no more severe than state punishments for equivalent crimes.3 I cannot do justice in this brief Response …

Predictive Validity Of The Savry Within A Diverse Population Of Juvenile Offenders, Scarlet Paria Woods

Psychology Theses

The current study examined the predictive validity of the SAVRY in African American and White recently adjudicated juvenile offenders in Louisiana. The sample consists of 267 community-based, male juvenile offenders, whom were tracked for an average follow-up period of 18 months. Receiver operating characteristic (ROC) analyses on the overall sample and African Americans, specifically, showed the numeric score predicted recidivism. Chi-square analyses found the SRR did not have a significant relationship with reoffending for general recidivism petitions. However, it was significant for all other forms of recidivism in the overall sample and African Americans. Hierarchical Cox regressions identified significant differences …

The Camera’S Eye: Effects Of Video-Recording Perspectives And Double Blind Procedures On Perceptions Of Eyewitnesses And Lineup Administrators, Geno Salomone

Psychology Theses

Mistaken identification is the leading cause of convicting the innocent. To help reduce erroneous convictions associated with eyewitness error, video recording of the lineup procedure and identification has been recommended. There is little research however, on how video recording influences perceptions of the witness and detective. The present study was a 2 (Administration of Lineup: Single-Blind v. Double-Blind) X 4 (Perspective: Detective focus v. Eyewitness focus vs. Focus on Both v. Audio Only) between subjects design examining the differential impact of camera angle and knowledge of suspect by the detective on perceptions of the eyewitness and detective. Eyewitnesses were perceived …