Digital Commons Network^™

Generations Apart: A Mixed Methods Study Of Black Women’S Attitudes About Race And Social Activism, Carolyn D. Love

Antioch University Dissertations & Theses

Since the beginning of slavery in the United States, Black women have been actively involved in the creation and formation of Black civil society. The abolitionist, Black women’s club, and civil rights movements challenged White supremacy and created institutions that fought for political, social, and economic justice. Historically, Black women have engaged in the struggle for group survival while at the same time fighting for institutional transformation to eliminate or change discriminatory policies, practices, and procedures. With each passing generation, Black women have led efforts of resistance against racial discrimination, gender bias, and class exploitation. However, with each passing generation, …

Bringing Hope To Those Forgotten: Is The Provision Of Transitional And Supportive Housing Effective In Reducing Homelessness? A Quantitative Analysis Of Willbridge Of Santa Barbara, Inc., Melissa Cervantes

Antioch University Dissertations & Theses

No abstract provided.

The Impact Of Voluntary Aftercare On Recidivism Rates For Adult Male Sex Offenders, Alexandra Schmidt

Antioch University Dissertations & Theses

The recidivism rate of eighteen sex offenders participating in Stepping Up, a voluntary aftercare program, was compared to the overall recidivism rate of convicted sexual offenders in California in order to determine the effectiveness of voluntary participation in a post-mandated treatment program. Attendance for a minimum of six months in Stepping Up was required for inclusion in the study, and recidivism rates were calculated by a review of records. Although participants in the Stepping Up aftercare program had a re-offense rate of 0%, results were not statistically significant when compared with California's overall recidivism rates. While a 0% recidivism rate …

What Are The Key Competencies, Qualities, And Attributes Of The African American Municipal Police Chief?, Patrick Oliver

Antioch University Dissertations & Theses

The purpose of this dissertation was to identify and understand the dimensions of leadership of those African Americans, who are effective as the chief executive officer (CEO) of a municipal law enforcement agency, and thereby to educate and inform both those aspiring to be police chiefs and those presently serving as police chiefs, particularly African Americans. Four content areas were examined to gain a better understanding of the research question: (1) Police executive leadership literature; (2) African American leadership; (3) The trait theory of leadership; (4) emotional intelligence. Study participants were all African American police chiefs with the expertise and …

Aboriginal And Treaty Rights And Violence Against Women, John Borrows

Osgoode Hall Law Journal

Violence against Indigenous women is a crisis of national proportions. Unfortunately, Indigenous peoples have been prevented from arguing that Indigenous communities are a constitutional site of activity for dealing with such violence. This article suggests that Aboriginal and treaty rights under section 35 of the Constitution could play a significant role in ensuring that all levels of government are seized with the responsibility for dealing with violence against women. This article explores how section 35 could be reinterpreted in ways that place issues of gender and violence at the heart of its analysis.

Impact Of Race On Juvenile Forensic Assessment: Clinician Perceptions Of Adequate Test Norms, Nathan E. Cook

Open Access Dissertations

The psychological assessment of racial and ethnic minority groups is often substantially limited by the lack of adequate normative data for these groups. This study examined the impact that race has on forensic psychologists’ (N=145) diagnostic decision making as well as judgments of the quality of normative data. It was hypothesized that the forensic psychologists would accept lower quality normative data for African American youth compared to White youth. However, although the quality of the test norms influenced the dependent measures in the expected direction, no significant interaction was noted between norm quality and youth’s race. Participants judged the likelihood …

Correspondents' Reports United States Of America, Chris Jenks

Faculty Journal Articles and Book Chapters

This correspondent report compiles examples of where and how in 2013 the United States demonstrated its compliance with international humanitarian law by prosecuting its service members in military courts-martial and captured enemy belligerents in military commissions and by US federal courts hearing detainee habeas challenges.

Belligerent Targeting And The Invalidity Of A Least Harmful Means Rule, Geoffrey S. Corn, Laurie R. Blank, Chris Jenks, Eric Talbot Jensen

Faculty Journal Articles and Book Chapters

The law of armed conflict provides the authority to use lethal force as a first resort against identified enemy belligerent operatives. There is virtually no disagreement with the rule that once an enemy belligerent becomes hors de combat — what a soldier would recognizes as “combat ineffective” — this authority to employ deadly force terminates. Recently, however, some have forcefully asserted that the LOAC includes an obligation to capture in lieu of employing deadly force whenever doing so presents no meaningful risk to attacking forces, even when the enemy belligerent is neither physically disabled or manifesting surrender. Proponents of this …

Fear Of Adversariness: Using Gideon To Restrict Defendants' Invocation Of Adversary Procedures, Pamela R. Metzger

Faculty Journal Articles and Book Chapters

Fifty years ago Gideon promised that an attorney would vindicate the constitutional rights of any accused too poor to afford an attorney. But Gideon also promised more. Writ small, Gideon promised to protect individual defendants; writ large, Gideon promised to protect our system of constitutional criminal procedure. Much has been written about Gideon’s broken promise to our poor; this Essay is about Gideon’s broken promise to our system.

With its army of zealous public defenders, Gideon should have produced litigation that vigorously protected the core structures of our adversary trial system. Instead, courts have converted Gideon representation into a Gideon …

Positive Obligations And Criminal Justice: Duties To Protect Or Coerce?, Liora Lazarus

All Faculty Publications

This chapter explores the relationship between criminal law, criminal process and human rights from a slightly different perspective. It demonstrates that while human rights may well be used to limit the excesses of security and law and order politics, the nature of the relationship between human rights and criminal justice cannot be captured alone by the view of rights as a limit on the coercive reach of the criminal law and criminal justice institutions. Increasingly, human rights, cast as positive rights, have resulted in claims for the extension of the criminal law, the creation of preventative duties or ‘protective policing …

Death And Rehabilitation, Meghan J. Ryan

Faculty Journal Articles and Book Chapters

While rehabilitation is reemerging as an important penological goal, the Supreme Court is eroding the long-revered divide between capital and non-capital sentences. This raises the question of whether and how rehabilitation applies in the capital context. Courts and scholars have long concluded that it does not — that death is completely irrelevant to rehabilitation. Yet, historically, the death penalty in this country has been imposed in large part to induce the rehabilitation of offenders’ characters. Additionally, there are tales of the worst offenders transforming their characters when they are facing death, and several legal doctrines are based on the idea …

Introductory Note To Prosecutor V. Perišić, International Criminal Tribunal For The Former Yugoslavia (Icty), Chris Jenks

Faculty Journal Articles and Book Chapters

This note introduces a controversial ICTY decision which attempted to clarify the requisite elements required to convict the former head of the Army of Yugoslavia with aiding and abetting war crimes committed by other organizations in Bosnia-Herzegovina and Croatia. The Perišić judgment serves as a reminder of the still unsettled nature of international criminal law on even threshold issues like the elements for a mode of liability. Given that the Special Court for Sierra Leone has already affirmatively rejected the Perišić formulation the case may, sadly, signal the fragmentation of international criminal law.

The Degrading Character Rule In American Criminal Trials, Paul S. Milich

Georgia Law Review

The rule prohibiting evidence of the accused's bad
character is steadily degrading as courts and legislatures
expand existing exceptions and add new ones. In Georgia,

we saw the rule almost disappear as trial courts blithely
admitted a defendant's past crimes to prove his or her
"bent of mind" to commit the crime charged. This Article
examines why the character rule is losing ground.
The thesis is that a rule requiring as much careful
balancing as the character rule needs a clear, strong
justification to hold its own when faced with competing
claims to admit the evidence in the search for …

Safe Haven No Longer: The Role Of Georgia Courts And Private Probation Companies In Sustaining A De Facto Debtors' Prison System, Sarah D. Bellacicco

Georgia Law Review

Georgia was specifically established as a colony for debtors-a haven where they could be safe from imprisonment. It is a haven no longer. Georgia courts are regularly imprisoning people for failing to pay debts, often through probation revocation of probationers who have failed to pay a fine or fee imposed as a condition of probation. Some of these probationers are on probation solely because they could not pay a fine on the day of sentencing, a practice which greatly increases the amount they owe due to the additional probation fees imposed. In Bearden v. Georgia, the Supreme Court held that …

Swedish Legislation Targeting Trafficking For Sexual Exploitation And The Possibilities For Implementation In Estonia, Jennifer E. Lyall

Graduate Theses, Dissertations, and Problem Reports (ETD)

Human trafficking is a human rights problem affecting all regions of the world. Various approaches have been utilized in attempts to eliminate the trade in human beings. In 1999, Sweden instituted a law to ban the purchase of sexual services, viewing prostitution as inherently violent and a contributing factor of human trafficking for sexual exploitation. This thesis determines that banning the purchase of sex is a legitimate and effective measure in combatting human trafficking for sexual exploitation. This thesis then discusses the Estonian sex industry and the possibilities for implementation of a similar sex purchase ban. Obstacles include Estonia's historical …

Report On Usa, Stephen C. Thaman

All Faculty Scholarship

This chapter in the book on transnational inquiries and the protection of fundamental rights in criminal proceedings takes into account the particular, and perhaps unique situation in the United States (US) following the terrorist attacks on 11 September 2001. It explores the laws regulating inquiries by foreign governments who seek evidence in the US to use in criminal proceedings overseas, but primarily the protections recognized by US statutes and jurisprudence when US officials gather evidence abroad. In this respect, the chapter focuses on protections during interrogations, searches, interceptions of confidential communications, and examinations of witnesses and explores when the protection …

Judicial Gatekeeping Of Suspect Evidence: Due Process And Evidentiary Rules In The Age Of Innocence, Keith A. Findley

Georgia Law Review

The growing number of wrongful convictions exposed
over the past two-and-a-half decades, and the research
that points to a few recurring types of flawed evidence in
those cases, raise questions about the effectiveness of the
rules of evidence and the constitutional admissibility
standards that are designed to guard against unreliable
evidence. Drawing on emerging empirical data, this
Article concludes that the system can and should be

adjusted to do a better job of guarding against undue
reliance on flawed evidence. The Article first considers the
role of reliability screening as a constitutional concern.
The wrongful convictions data identify what might …

Punitive Preventive Justice: A Critique, Bernard E. Harcourt

Faculty Scholarship

This chapter identifies the origins of contemporary preventive endeavour in the work of the RAND Corporation in America, which developed highly technical studies of crime prevention based upon systems analysis. It suggests that RAND promoted a decidedly punitive style of prevention based upon policing and punishment that is replicated in modern ‘punitive preventive measures’. It criticizes these measures, emphasizing the perils they pose and the weakness of their empirical foundations. Most worryingly, these measures typically claim an apolitical, neutral emphasis on efficiency that fails to engage with the political values underlying them. In so doing, it tends to displace much …

Policing, Crime, And Legitimacy In New York And Los Angeles: The Social And Political Contexts Of Two Historic Crime Declines, Jeffrey Fagan, John Macdonald

Faculty Scholarship

This chapter tells the story of policing, crime, and the search for legitimacy over the past two decades in Los Angeles and New York City. Throughout this complex political, normative, and legal landscape, crime rates dropped dramatically in each city to levels not seen since the early 1960s. The chapter begins with a discussion of the evolution of policing in the two cities, assessing reciprocal and dynamic changes that reflected both the crises of crime epidemics and crises within the police. Next, it examines the role of litigation on the evolution of policing. Policing regimes in each city were challenged …

The Evidence Of Things Not Seen: Non-Matches As Evidence Of Innocence, James S. Liebman, Shawn Blackburn, David Mattern, Jonathan Waisnor

Faculty Scholarship

Exonerations famously reveal that eyewitness identifications, confessions, and other “direct” evidence can be false, though police and jurors greatly value them. Exonerations also reveal that “circumstantial” non-matches between culprit and defendant can be telling evidence of innocence (e.g., an aspect of an eyewitness’s description of the perpetrator that does not match the suspect she identifies in a lineup, or a loose button found at the crime scene that does not match the suspect’s clothes). Although non-matching clues often are easily explained away, making them seem uninteresting, they frequently turn out to match the real culprit when exonerations reveal that the …

Edison State College General Catalog 2012-2013, Edison State College

FSW Course Catalogs

Edison State College General Catalog Volume Fifty One. 2012-2013. Scanned by Internet Archive.

Desistance And Legitimacy: The Impact Of Offender Notification Meetings On Recidivism Among High Risk Offenders, Andrew V. Papachristos, Danielle M. Wallace, Tracey L. Meares, Jeffrey Fagan

Faculty Scholarship

Objective: Legitimacy-based approaches to crime prevention operate under the assumption that individuals — including violent offenders — are more likely to comply with the law when they believe that the law and its agents are legitimate and act in ways that seem inherently “fair” and “just.” While mounting evidence finds an association between such legitimacy-based programs and reductions in aggregate levels of crime and violence, no study has investigated whether such programs influence individual offending. This study evaluates the effectiveness of one such program — Project Safe Neighborhoods’ (PSN) Offender Notification Meetings — at reducing individual recidivism among a population …

The Dignity Of Equality Legislation, Olatunde C.A. Johnson

Faculty Scholarship

In Congressional Power to Effect Sex Equality, Patricia Seith argues that legal and social science commentary on the ratification failure of the Equal Rights Amendment ("ERA") does not properly account for the legislative gains achieved by the Economic Equity Act ("Equity Act"). In drawing attention to the Equity Act, Seith's account challenges common explanations of the source of women's equality gains, particularly the narratives offered by legal commentators who typically focus on the role of the Constitution and the courts. As Seith points out, the conventional account in legal history focuses on the effectuation of a "de facto ERA," …

Osgoode Syllabus Of Courses And Seminars: 2013 - 2014, Office Of Student Services

Syllabi

No abstract provided.

Seeing Is Believing: The Csi Effect Among Jurors In Malicious Wounding Cases, Corey Call, Amy K. Cook, John D. Reitzel, Robyn D. Mcdougle

Journal of Social, Behavioral, and Health Sciences

With the popularization of television crime shows that focus heavily on forensic science, such as CSI and its spin-offs, concerns about a new threat to jury trials have emerged in recent years. Dubbed the “CSI effect,” this phenomenon has reportedly come to influence the way jurors perceive forensic evidence at trials based on the way forensic evidence is presented on television. While the CSI effect has been the topic of much discussion throughout the popular press, the CSI effect has seldom been empirically tested. In this study, we present a selection of media accounts as well as criminological and …

Predicting Registered Health Information Administrator Examination Scores, James Condon

College of Graduate Studies: Theses & Dissertations

The purpose of this study was to determine whether differences existed among candidates for the Registered Health Information Administrator certification examination that may have characterized the likelihood of acquiring professional certification upon graduation from accredited health information administration education programs. The research was conducted using data acquired from accredited health information administration education programs located across the United States. A total of 197 former student records were obtained and used in the statistical analyses; 118 were employed in correlation analysis and to develop a Registered Health Information Administrator certification examination success prediction model and to establish a 95% Approximate Prediction …

Transferability And Alignment Of Program Exemplars In Teacher Preparation, Juliann Sergi Mcbrayer

College of Graduate Studies: Theses & Dissertations

Teacher preparation needs to be revamped to adequately prepare teachers for P-12 classrooms. Public charter schools are experiencing challenges that include high teacher attrition rates and staffing difficulties in a rapidly growing sector, as well as obstacles for teachers to obtain certification. Thus, charter school teachers are seeking a “choice” in teacher preparation to meet the innovative needs of the sector. To address critical shortages of highly effective teachers, states are offering both traditional and nontraditional teacher preparation to earn licensure. The goal of this study was to determine if program exemplars from traditional teacher preparation were transferable to, and …

The Laughter Behind: Curriculum Of Place, The Hypermasculine Imperative, And The Critical Education Of A Southern Cop, Frank Gene Jordan Jr.

College of Graduate Studies: Theses & Dissertations

This study examines the thoughts and ideologies that actuate the daily behaviors of Southern rural police officers as they pertain to practices consonant with social justice and equity. The research focus is the author’s own experience as a 21-year Southern rural police officer who ultimately obtained the position of chief of police while concurrently developing a firm commitment to ensuring social justice in his own practice and that of his subordinate police staff. The central question asks how a White male police officer from impoverished and politically and socially conservative ancestral roots could acquire a sincere concern for, and devotion …

Georgia Southern University Fact Book, Georgia Southern University

Georgia Southern Fact Books (1976-2022)

No abstract provided.

Biometric Id Cybersurveillance, Margaret Hu

Faculty Scholarship

The implementation of a universal digitalized biometric ID system risks normalizing and integrating mass cybersurveillance into the daily lives of ordinary citizens. ID documents such as driver’s licenses in some states and all U.S. passports are now implanted with radio frequency identification (RFID) technology. In recent proposals, Congress has considered implementing a digitalized biometric identification card—such as a biometric-based, “high-tech” Social Security Card—which may eventually lead to the development of a universal multimodal biometric database (e.g., the collection of the digital photos, fingerprints, iris scans, and/or DNA of all citizens and noncitizens). Such “hightech” IDs, once merged with GPS-RFID tracking …