Digital Commons Network^™

Accidental Detention: A Threat To The Legitimacy Of Venezuelan Democracy, Mabel Gabriela Durán-Sánchez

USF Tampa Graduate Theses and Dissertations

The main argument of this thesis is that the penitentiary crisis in Venezuela is brought about an inept criminal justice system whose functioning (or lack thereof) further exacerbates overcrowding in penitentiary facilities as well as violates the most basic human rights. More elaborately, I argue that the unintentional (mis)use of pre-trial preventive detention, one of the consequences of the inept criminal justice system, further exacerbates the overcrowding in prisons and creates serious human rights implications. The purpose of this study is to establish a connection between the penitentiary crisis in Venezuela, with a focus on pre-trial preventive detention, and the …

Emotional Invalidation: An Investigation Into Its Definition, Measurement, And Effects, Meredith Brown Elzy

USF Tampa Graduate Theses and Dissertations

Emotional invalidation is a construct closely related to childhood maltreatment, which has been linked theoretically and empirically to the development of psychopathology. This study sought to advance the empirical investigation into emotional invalidation through three primary objectives: 1) to critically review the way emotional invalidation is currently defined and measured in the existing literature, 2) to offer a novel approach at conceptualizing and measuring emotional invalidation as a two part construct comprised of emotionally invalidating behaviors and perceived emotional invalidation, and 3) to experimentally test the effects of invalidating behaviors on a person's perception of emotional invalidation and their level …

The Effectiveness Of A Structured Functiona Behavior Assessment Procedure: Teacher Training As A Moderator, Bonnie Woods

USF Tampa Graduate Theses and Dissertations

Prevent-Teach-Reinforce (PTR) is a collaborative, standardized process that was developed as a way to address identified barriers to completing effective functional behavior assessments (FBAs) in public schools. Current research literature documents the effectiveness of the PTR process in decreasing problematic behaviors and increasing social skills and academic engaged time for students in kindergarten through 8th grade. In addition, PTR demonstrates high acceptability by school personnel implementing the process. While PTR has demonstrated success in schools, questions still exist regarding variables that impact the effectiveness of this process. Therefore, the current study investigated the moderating effect of prior teacher training in …

A Comparative Perspective Of Black College Males On The Achievement Gap: Implications For School Counselors, Detra Bethell

USF Tampa Graduate Theses and Dissertations

The dominant discourse regarding Black males in America is that they are less academically successful than European American males and Black females. Similarly, Black males in the Bahamas are described as less successful than Black Bahamian females. School Counselors are in a unique position to alter the trajectory of success for Black males if they are knowledgeable of factors contributing to Black male academic success; have an awareness of the potential impact their unique roles can have; and develop and execute comprehensive, culturally responsive school counseling programs. While there is little research on the Achievement Gap in the Bahamas, much …

The Efficacy Of Aggression Replacement Training With Female Juvenile Offenders In A Residential Commitment Program, Jody Anne Erickson

USF Tampa Graduate Theses and Dissertations

Female adolescents are increasingly being charged with crimes of violence, and the literature is lacking as to how best to reduce their aggressive tendencies. In the past, girls represented a small portion of all youths involved in criminal justice systems, and studies involving effective treatment options for them were rarely conducted.

Aggression Replacement Training® is a 10-week, evidence-based, group treatment intervention designed to advance moral reasoning, improve social skills, and manage angry feelings. Numerous outcome studies of Aggression Replacement Training® with both offending and non-offending male adolescents and with male and female adolescents together have yielded mixed results. The question …

Representation For The Accused: Haiti's Thirst And A Role For Clinical Legal Education, Kate Bloch

Faculty Scholarship

No abstract provided.

Mass Incarceration At Sentencing, Anne R. Traum

Scholarly Works

Courts can address the problem of mass incarceration at sentencing. Although some scholars suggest that the most effective response may be through policy and legislative reform, judicial consideration of mass incarceration at sentencing would provide an additional response that can largely be implemented without wholesale reform. Mass incarceration presents a difficult problem for courts because it is a systemic problem that harms people on several scales-individual, family, and community-and the power of courts to address such broad harm is limited. This Article proposes that judges should consider mass incarceration, a systemic problem, in individual criminal cases at sentencing. Sentencing is …

A Revised View Of The Judicial Hunch, Linda L. Berger

Scholarly Works

Judicial intuition is misunderstood. Labeled as cognitive bias, it is held responsible for stereotypes of character and credibility. Framed as mental shortcut, it is blamed for overconfident and mistaken predictions. Depicted as flashes of insight, it takes credit for unearned wisdom. The true value of judicial intuition falls somewhere in between. When judges are making judgments about people (he looks trustworthy) or the future (she will be the better parent), the critics are correct: intuition based on past experience may close minds. Once a judge recognizes a familiar pattern in a few details, she may fail to see the whole …

Developmental Detour: How The Minimalism Of Miller V. Alabama Led The Court's "Kids Are Different" Eighth Amendment Jurisprudence Down A Blind Alley, Mary E. Berkheiser

Scholarly Works

No abstract provided.

Access To Tax Injustice, Francine J. Lipman

Scholarly Works

No abstract provided.

The Role Of Foreign Authorities In U.S. Asylum Adjudication, Fatma E. Marouf

Scholarly Works

U.S. asylum law is based on a domestic statute that incorporates an international treaty, the U.N. Protocol Relating to the Status of Refugees. While Supreme Court cases indicate that the rules of treaty interpretation apply to an incorporative statute, courts analyzing the statutory asylum provisions fail to give weight to the interpretations of our sister signatories, which is one of the distinctive and uncontroversial principles of treaty interpretation. This Article highlights this significant omission and urges courts to examine the interpretations of other States Parties to the Protocol in asylum cases. Using as an example the current debate over social …

First Things First: Juvenile Justice Reform In Historical Context, David S. Tanenhaus

Scholarly Works

In my remarks today, I will explain how conceptions of children's rights have been used to shape the American juvenile justice system's development. First, I will argue that we should take a long view of this history. Next, I will focus on three specific eras of twentieth-century reform. Finally, I will conclude with a call for more research on the prosecutor's role in administering juvenile justice. This historical perspective, I believe, can help us to answer the challenging question of what children's rights should be.

Public Contact With And Perceptions Regarding Police In Portland, Oregon, Brian Renauer, Kimberly Barsamian Kahn, Kris R. Henning, Greg Stewart

Criminal Justice Policy Research Institute Research Briefs

On September 12, 2012 the United States Department of Justice (DOJ) filed a complaint in the Federal District Court for Oregon asserting that the City of Portland has engaged in a pattern and practice of unnecessary or excessive force against persons experiencing a mental health crisis. This survey is the result of a settlement agreement between Portland’s City Council and the DOJ which specified the Portland Police Bureau (PPB) develop a means of assessing public perceptions.

The first report generated by the research team examined general attitudes of residents. This second report focuses on an area pertinent to the DOJ …

Popular Music Studies And The Problems Of Sound, Society And Method, Eliot Bates

Publications and Research

Building on Philip Tagg’s timely intervention (2011), I investigate four things in relation to three dominant Anglophone popular music studies journals (Popular Music and Society, Popular Music, and the Journal of Popular Music Studies): 1) what interdisciplinarity or multidisciplinarity means within popular music studies, with a particular focus on the sites of research and the place of ethnographic and/or anthropological approaches; 2) the extent to which popular music studies has developed canonic scholarship, and the citation tendencies present within scholarship on both Western and non-Western popular musics; 3) the motivations for two scholarly groups, Dancecult and ASARP, to breakaway from …

Germany V. Italy And The Limits Of Horizontal Enforcement Some Reflections From A United States Perspective, Chimene Keitner

Faculty Scholarship

No abstract provided.

Where Are We Now And Where Should We Head For? A Reflection On The Place Of East Asia On The Map Of Socio-Legal Studies, Setsuo Miyazawa

Faculty Scholarship

Collaborative Research Networks ("CRNs") developed to encourage and facilitate and collaboration between scholars with shared academic interests. CRN33 (East Asia) is fairly new. This article, which is based on a speech given by the author, examines the status of East Asia in socioeconomic literature, explores the growing prevalence of East Asia as a topic in general theory-building in socio-legal studies, and suggests methods for placing East Asia in a more central position for future socio-legal scholarship. The author emphasizes that scholars in the field of East Asian legal studies should work harder to introduce those outside the field to the …

Successes, Failures, And Remaining Issues Of The Justice System Reform In Japan: An Introduction To The Symposium Issue, Setsuo Miyazawa

Faculty Scholarship

No abstract provided.

False Promises: The Failure Of Secure Communities In Miami-Dade County, Alex Stepick, Steve Held, Cynthia S. Hernandez, Cheryl Little, Susana Barciela

Sociology Faculty Publications and Presentations

This report addresses the impact on Miami-Dade County of the Secure Communities program, currently one of the primary federal immigration enforcement programs administered by the Department of Homeland Security (DHS) through Immigration and Customs Enforcement (ICE). DHS claims that the program prioritizes the removal of convicted criminal aliens who pose a danger to national security or public safety, repeat violators who game the immigration system, those who fail to appear at immigration hearings, and fugitives who have already been ordered removed by an immigration judge.

Policies To Eliminate Racial Disparities In Education: A Literature Review, Ann Curry-Stevens, Analucia Lopezrevoredo, Dana Peters

School of Social Work Faculty Publications and Presentations

In response to an increasing need to understand the reach of the literature and the research undertaken on initiatives to eliminate racial disparities, a literature review was initiated in 2012 for the Eliminating Racial Disparities Collaborative within the All Hands Raised initiative to improve academic outcomes for students in Multnomah County. This was an expansive undertaking – and at the end, we have drawn upon about 160 different articles, some of which were meta-analyses of an array of publications in a particular field.

The first section in this report is a summary document that details each policy-based recommendation in this …

The African Immigrant And Refugee Community In Multnomah County: An Unsettling Profile, Ann Curry-Stevens, Coalition Of Communities Of Color

School of Social Work Faculty Publications and Presentations

Since 1975, African immigrants, refugees and secondary migrants have been relocating to Multnomah County and now represent the fourth largest immigrant community after Latino, Asian, and Slavic immigrants. The African community here is incredibly diverse in its make-up, with over 28 different African countries and numerous ethnic groups represented. Estimates from 2003 suggest that African immigrants make up 2% of the foreign-born population in the Portland Metro (tri-county) area. Nearly half (45%) of the tri-county area’s African foreign-born population is from eastern Africa, including Ethiopia, Eritrea, Kenya, Somalia, Tanzania, Uganda, Zambia, and Zimbabwe. Other countries of origin include Sudan, Sierra …

Black And Blue: Police-Community Relations In Portland's Albina District, 1964-1985, Leanne Claire Serbulo, Karen J. Gibson

Urban Studies and Planning Faculty Publications and Presentations

As in many cities across America, the relationship between African Americans in Portland, Oregon, and the city police force was fraught with tension through the late twentieth century. Scholars Leanne Serbulo and Karen Gibson argue that Portland's African Americans, who collectively made up less than ten percent of Portland residents and were segregated into neighborhoods including the Albina district, experienced police as figures of colonial oppression. The authors chronicle how, over two decades bordered by African Americans' deaths at the hands of police, neighborhood activists attempted to reform the police department and met resistance. The authors conclude that transformation of …

Just A ‘Bubble’? Perspectives On The Enforcement Of International Criminal Law By National Courts, Naomi Roht-Arriaza

Faculty Scholarship

No abstract provided.

Death Row Economics The Rise Of Fiscally Prudent Anti Death Penalty Activism, Hadar Aviram, Ryan Newby

Faculty Scholarship

No abstract provided.

Dividing Sovereignty In Tribal And Territorial Criminal Jurisdiction, Zachary S. Price

Faculty Scholarship

No abstract provided.

Are Legal Ethics Ethical? A Survey Experiment, Stephen Galoob, Su Li

Articles, Chapters in Books and Other Contributions to Scholarly Works

Many core questions in legal ethics concern the relationship between ordinary morality and rules of professional conduct that govern lawyers. Do these legal ethics rules diverge from ordinary morality? Is the lawyer's role morally distinctive? Do professional norms establish what the lawyer has most reason to do? Conjectured answers to these questions abound. In this Article, we use methods from moral psychology and experimental philosophy to provide the first systematic, empirical examination of these questions. Results from a survey experiment suggest that legal ethics rules about advocacy and confidentiality diverge from lay moral judgments; that lay judgments do not, in …

Stigma And The Acceptability Of Depression Treatments Among African American Clergy, Connie Gardner

Doctoral Dissertations and Projects

The purpose of this cross sectional study was to investigate stigma associated with depression treatments and to approximate its association with treatment acceptability among African American Clergy. There were 109 African American clergy who completed three measures: treatment specific stigma instrument, treatment acceptability instrument, and a demographic questionnaire, anonymously. Three hypotheses were tested using descriptive statistics, Mantel-Haenszel common odds ratio estimate, Pearson correlation coefficient, and ordinal logistic regression. Statistical analysis revealed stigma did increase with the expansion of the social circle; Christian mental health counseling had the highest acceptability rate among clergy not pastoral or lay counseling and there was …

Rape Myth Acceptance Among Law Enforcement, Racheal E. Hebert

LSU Master's Theses

Research demonstrates a positive relationship between rape myth acceptance and sexist beliefs, as well as a negative relationship between rape myth acceptance and victim credibility. The current study assesses the interrelationships between rape myth acceptance, sexism, victim credibility, and victim empathy among law enforcement officers. Law enforcement officers’ individual characteristics are also assessed. An online survey was administered to 24 specialized sex crime law enforcement officers from a city in South Louisiana. There was no significant difference on measures of rape myth acceptance and sexism; however, individual items measuring victim credibility showed a distinct difference between law enforcement officers’ belief …

Paved With Good Intentions: Sentencing Alternatives From Neuroscience And The Policy Of Problem-Solving Courts, Emily R. Murphy

Faculty Scholarship

No abstract provided.

Check, Pleas: Toward A Jurisprudence Of Defense Ethics In Plea Bargaining, Hadar Aviram, Deanna Dyer, S. C. Thomas

Faculty Scholarship

No abstract provided.

Ineffective Assistance Of Library: The Failings And The Future Of Prison Law Libraries, Jonathan Abel

Faculty Scholarship

The prison law library has long been a potent symbol of the inmate's right to access the courts. But it has never been a practical tool for providing that access. This contradiction lies at the core of the law library doctrine. It takes little imagination to see the problem with requiring untrained inmates, many of them illiterate or non-English speakers, to navigate the world of postconviction relief and civil rights litigation with nothing more than the help of a few library books. Yet law libraries are ubiquitous in American prisons. Now, in light of a technological revolution in legal research …