Digital Commons Network^™

Trends In Adult Justice 2014, Jared Ellison, Ryan E. Spohn, Nebraska Center For Justice Research, University Of Nebraska At Omaha

Reports

The Nebraska Center for Justice Research was established in 2014 with a mission to develop and sustain research capacity internal to the State of Nebraska. Our hope is to assist the Legislature in research, evaluation, and policymaking to reduce recidivism, promote the use of evidence-based practices, and improve public safety. The primary purpose of this report is to provide an overview of recent trends in Nebraska’s adult criminal justice system. Most of the data in this report is presented statewide as well as separated into Nebraska’s twelve judicial districts. Nebraska’s two most metropolitan counties are represented by District 4 (Douglas …

The Transformation Project: 2014 Annual Report, Nebraska Center For Justice Research, University Of Nebraska At Omaha, H. Daniel Butler, Starr Solomon, Ryan E. Spohn, Daniel Patrick O'Dell, Laura Schoenrock

Reports

For years debate has rumbled in this country over prison overcrowding. More recently, there has been an additional spotlight on issues that are exacerbated when prisons are over capacity, such as prison rape and the use of restrictive housing (housing inmates in isolated conditions). In the case of prison rape, federal standards have been placed on institutions through the passage of the Prison Rape Elimination Act (PREA). General consensus among corrections professionals is that a lack of internal action diminished their voice during the creation of the PREA standards. There is consequently a large motivation for correctional institutions to work …

Montana’S Rural Version Of The School-To-Prison Pipeline: School Discipline And Tragedy On American Indian Reservations, Melina A. Healey

Faculty Publications & Other Works

No abstract provided.

Spare The Rod, Endanger The Child? Strain, Race/Ethnicity, And Serious Delinquency, Ryan E. Spohn

Criminology and Criminal Justice Faculty Publications

General strain theory has evolved into a comprehensive theory of delinquency by incorporating factors that condition the relationship between strain and delinquency as well as acknowledging the subjective nature of strain. This study advances general strain theory by examining the conditioning role of race and the manner in which race influences the subjective experience of strain. Examining a nationally representative sample of adolescents, this study finds that ethnic minorities generally experience greater strain. However, the effect of strain is not consistently more criminogenic for ethnic minorities. Our research suggests that the impact of strain on delinquency is conditioned by the …

Completions 2014-2015, Uno Office Of Institutional Effectiveness

IPEDS Completions

IPEDS Completions annual report contains the following information:

• Number of awards conferred by program, by level, and by race/ethnicity and gender of recipient
• Number of completers, separately by race/ethnicity, gender, age and level of award

Diversion In Nebraska: Fy 2012/2013, Amy Hoffman, Anne M. Hobbs

Reports

Among the many initiatives created with the passage of LB 561, the position of the Juvenile Diversion Program Administrator was established within the Nebraska Crime Commission. The Diversion Administrator is tasked with assisting in creating and maintaining juvenile pretrial diversion programs to divert juveniles away from the judicial system and into community-based services. That process includes creating a statewide steering committee to assist in regular strategic planning related to supporting, funding, monitoring, and evaluating the effectiveness of plans and programs receiving funds from the Community-Based Juvenile Services Aid Program, as well as provide best practice recommendation guidelines and procedures used …

Commercial Sexual Exploitation Of Teens, Tamieka Meadows, Alexis Kennedy

McNair Poster Presentations

This research explores whether commercially sexually exploited children (CSEC) abuse drugs or face greater histories of abuse than their delinquent peers. This research will evaluate whether girls who are CSEC victims experience more abuse of drugs or experience more physical, emotional, or sexual abuse. The study also explores whether CSEC victims witnessed more abuse than non-CSEC victims. A survey of needs and issues facing delinquent girls was given to 130 girls between the ages of 13 to 18. Questions asked about their drug use, abuse history, and whether they witnessed abuse. This research found that many girls who are CSEC …

Forecast, 2014, Illinois State University, College Of Applied Science And Technology

foreCAST

Magazine of the Illinois State University College of Applied Science and Technology

Controlling The Arms Trade: One Important Stride For Humankind, Barry Kellman

Fordham International Law Journal

No abstract provided.

People's Grand Jury Panels And The State's Inquisitorial Institutions: Prosecution Review Commissions In Japan And People's Supervisors In China, Hiroshi Fukurai, Zhuoyu Wang

Fordham International Law Journal

No abstract provided.

Fiduciary Principles And The Jury, Ethan J. Leib, Michael Serota, David L. Ponet

Faculty Scholarship

This Essay argues that because jurors exercise state power with wide discretion over the legal and practical interests of other citizens, and because citizens repose trust and remain vulnerable to jury and juror decisions, juries and jurors share important similarities with traditional fiduciary actors such as doctors, lawyers, and corporate directors and boards. The paradigmatic fiduciary duties – those of loyalty and care – therefore provide useful benchmarks for evaluating and guiding jurors in their decision-making role. A sui generis public fiduciary duty of deliberative engagement also has applications in considering the obligations of jurors. This framework confirms much of …

The Creation Of The Department Of Justice: Professionalization Without Civil Rights Or Civil Service, Jed H. Shugerman

Faculty Scholarship

This Article offers a new interpretation of the founding of the Department of Justice in 1870 as an effort to shrink and professionalize the federal government. The traditional view is that Congress created the DOJ to increase the federal government’s capacity to litigate a growing docket as a result of the Civil War, and more recent scholarship contends that Congress created the DOJ to enforce Reconstruction and ex-slaves’ civil rights. However, it has been overlooked that the DOJ bill eliminated about one third of federal legal staff. The founding of the DOJ had less to do with Reconstruction, and more …

Drumming Away Drugs: An Innovative Alternative Towards Drug Rehabilitation, John C. Hill

Theses and Dissertations--Community & Leadership Development

Drug use poses a serious threat to the quality of life for many Kentuckians and their families. Recent statistics indicate drug offenders account for a significant portion (in one year, 52,597 arrests were made for drug violations statewide) of individuals within thecriminal justice system, directly affecting the economic vitality within our state (Bunn & Slavova, 2012; Federal Bureau of Investigation, 2012). These statistics signify an overwhelming need for effective prevention efforts and innovative treatment alternatives. This study provides an innovative alternative treatment for drug offenders that infuses social and emotional coping strategies using percussion as a context. During the innovative …

Morality In A Box, Aaron Ash

Student Works

No abstract provided.

The Dangerous "Waiting Game" Caused By The Failure To Recognize Animal Abuse In The Formal Definition Of Domestic Violence, Jessica Kalafut

Student Works

No abstract provided.

Psychiatric Prediction Of Future Dangerousness, Erinrose Walsh Lavin

Student Works

No abstract provided.

Practical Reasonableness And Mental Health Alternatives To Incarceration, Colleen Kelly Faherty

Student Works

No abstract provided.

Cyberbullying And The 1st Amendment: The Need For Supreme Court Guidance In The Digital Age, Bryan R. Gavin

Student Works

No abstract provided.

Vulnerable Victims: Guaranteeing Procedural Protections To Child And Developmentally Disabled Victims In Establishing Probable Cause For Search And Arrest Warrants, Courtney S. Bedell

Dickinson Law Review (1908-2003)

Congress has enacted legislation delineating the rights of child victims and witnesses during formal trials. In limiting its protections to this context, however, Congress ignores the reality that much of the child testimony upon which the legal system relies takes place outside of court during the pre-trial stages of an investigation. Further, Congress has failed to consider the growing numbers of children who are diagnosed with developmental disabilities and the issues that arise when these children are victims or witnesses of crime.

The federal approach to these issues currently consists of a mishmash of standards that vary from circuit to …

Asbestos Lawsuits In Russia: Bring One If You Can, Anna Linetskaya

Cardozo Journal of International and Comparative Law

The note examines the challenges faced by asbestos victims in Russia in seeking legal redress, highlighting the barriers posed by the country's legal system, lack of regulatory oversight, and the dominance of the asbestos industry. It argues that despite the existence of tort law as a potential avenue for relief, numerous structural and procedural obstacles deter victims from pursuing claims, underscoring the need for legal reforms to improve access to justice.

The Special Problem Of Banks And Crime, Gregory M. Gilchrist

University of Colorado Law Review

Federal prosecutors face increasing criticism for their failure to indict large banks and bankers for serious criminal conduct, including allowing violent drug cartels to launder hundreds of millions of dollars, willfully conducting business with rogue nations and terrorists, and manipulating the LIBOR to defraud investors. This Article argues that the non-prosecution of banks is often justified by proper consideration of externalities and that the nonprosecution of bankers is often explained by lack of evidence or the difficulty of white-collar prosecutions generally. Nevertheless, the result is that extremely serious criminal conduct is penalized by mere fines and negotiated terms of probation, …

Murder, Minority, Victims, And Mercy, Aya Gruber

University of Colorado Law Review

Should the jury have acquitted George Zimmerman of Trayvon Martin's murder? Should enraged husbands receive a pass for killing their cheating wives? Should the law treat a homosexual advance as adequate provocation for killing? Criminal law scholars generally answer these questions with a resounding "no." Theorists argue that criminal laws should not reflect bigoted perceptions of African Americans, women, and gays by permitting judges and jurors to treat those who kill racial and gender minorities with undue mercy. According to this view, murder defenses like provocation should be restricted to ensure that those who kill minority victims receive the harshest …

Comparative Institutional Competency And Sovereignty In Indian Affairs, Michalyn Steele

University of Colorado Law Review

While vigorous debate surrounds the proper scope and ambit of inherent tribal authority, there remains a critical antecedent question: whether Congress or the courts are ultimately best situated to define the contours of inherent tribal authority. In February 2013, Congress enacted controversial tribal jurisdiction provisions as part of the Violence Against Women Act reauthorization recognizing and affirming inherent tribal authority to prosecute all persons, including non-Indian offenders, for crimes of domestic violence in Indian country. This assertion by Congress of its authority to set the bounds of tribal inherent authority-beyond where the United States Supreme Court has held tribal inherent …

College Students' Perceptions Of Sexual Assault Reporting And Proceedings, Mckenzie Javorka

CMC Senior Theses

Sexual assault among college students in the US has prompted debate about how to prevent and punish such crimes. Under Title IX and the 2011 Dear Colleague Letter from the Office for Civil Rights, universities are required to undertake the prevention, investigation, and punishment of sexually violent offenses on college campuses. However, the vast majority of victims do not report their assaults, whether on campus or to the police. The current study investigated the effect of victim reporting on perceptions of sexual assault. Two undergraduate samples, one from a small liberal arts college (n = 197) and another recruited …

The Legacy Of Stop And Frisk: Addressing The Vestiges Of A Violent Police Culture, Kami Chavis Simmons

Faculty Publications

For many years, the New York City Police Department ("NYPD") has engaged in a practice known as "Stop and Frisk." This policy allows officers, based on reasonable suspicion that criminal activity is afoot, to engage in investigatory stops and to conduct a pat down of the outer clothing of the individual if there is reasonable suspicion that the suspect is armed.

While there is an abundance of analysis regarding the detrimental impact of the stop-and-frisk policy, particularly the allegations of racial discrimination, an under examined facet of this policy and its implementation is the inherently violent nature of these encounters. …

The Co-Occurrence Of Multiple And Overlapping Demands Among Women Leaving Prison, Jennifer Jo Schweitzer

All Graduate Theses, Dissertations, and Other Capstone Projects

The findings presented in this thesis result from an analysis of the experiences over a three-year period of thirteen women recently released from prison, all of whom simultaneously struggled with severe physical and mental health problems, drug and alcohol addiction(s), and histories of trauma. The purpose of this study was to better understand the strategies women with these multiple and overlapping vulnerabilities utilized as they attempted to reintegrate into the community. This group of thirteen women is a subsample of a population of 41 women whose reentry experiences were the focus of a larger, longitudinal research project. The data consist …

"If You're Out Of Sight, You're Out Of Mind": The Criminalization Of Houselessness And The Coercive Geography Of Class In Sarasota, Florida., Niko Segal-Wright

Theses & ETDs

The criminalization of houselessness has been studied previously in the form of laws and regulations structurally related to urban processes of capital accumulation, but little attention has been paid to the ways in which such structural changes affect houseless people on an everyday basis. In this study, I attempt to address this gap by examining how houseless people's agency is affected by criminalizing forces in Sarasota, Florida. I interviewed 19 houseless people who spend time in downtown Sarasota, in addition to 3 political actors situated in Sarasota's houseless debate. I asked my houseless interviewees how they interacted with the police …

Conflict Minerals And The Law Of Pillage, Patrick J. Keenan

Chicago Journal of International Law

The illicit exploitation of natural resources-often called conflict minerals-has been associated with some of the worst violence in the past half-century, especially in the Democratic Republic of the Congo. Prosecutors and scholars have struggled to develop legal tools to adequately hold accountable those who have been responsible for the exploitation of civilians and resources in conflict. The most common legal tool, the crime of pillage, has been inadequate because it has been applied only to discrete, relatively small episodes of theft. As important as it has been, the episodic theory is of limited utility when applied to what have been …

Bringing The Guilty To Justice: Can The Icc Be Self-Enforcing?, Nada Ali

Chicago Journal of International Law

Even though the International Criminal Court was instituted with the express goal of ending impunity, its lack of enforcement powers threatens to undermine its credibility as well as the effective administration of international criminal justice. While proponents of the court are content to rely on questionable means of enforcement such as military interventions, ICC skeptics are adamant that granting amnesties will ensure the removal of dictators from power. But, could there be a median solution between the extremes of at-any-cost accountability and outright exemption from punishment? Game theoretic analysis of the ICC offers a glimmer of hope for the effective …

Is Batman A State Actor? The Dark Knight's Relationship With The Gotham City Police Department And The Fourth Amendment Implications, Joshuah Lisk

Case Western Reserve Law Review

No abstract provided.