Digital Commons Network^™

Failures Require New Thoughts On Crime, Aldemaro Romero Jr.

Publications and Research

No abstract provided.

Black Studies Programs Aid In Understanding U.S, Aldemaro Romero Jr.

Publications and Research

No abstract provided.

Racism, Sexism Problems For Women Of Color, Aldemaro Romero Jr.

Publications and Research

No abstract provided.

Remedying Race-Based Decision-Making: Reclaiming The Remedial Focus Of Affirmative Action After Fisher V. University Of Texas At Austin, John V. Wintermute

Seton Hall Law Review

No abstract provided.

How To Get Away With Murder: Criminal And Civil Immunity Provisions In "Stand Your Ground" Legislation, Jennifer Randolph

Seton Hall Law Review

No abstract provided.

The Inclusion Of Spirituality In Sex Offender Treatment, Vanessa Bennifield

PCOM Psychology Dissertations

The management of sex offenders is a collaborative effort that typically includes law enforcement and treatment professionals. The management of sex offenders has focused largely on assessing for risk and need of the offender, with limited attention paid to addressing responsivity factors of the sex offender, such as worldview, interpersonal style, and cultural influences. In an effort to understand how therapists perceive the influence of responsivity factors, this study explored sex offender therapists’ perceptions of the inclusion of spirituality in sex offender treatment. The investigator conducted semi-structured interviews with sex offender therapists who had at least 1 year of experience …

Caught Between A Rock, Negligence, Racism, And A Hard Place: Exploring The Balance Between The Eeoc’S Arrest And Conviction Investigation Guidelines And Society’S Best Interest, Eniola O. Akinrinade

Texas A&M Law Review

In many instances, employers have an obligation to conduct criminal background checks on their applicants to ensure that the public that comes into contact with these employees shall not be harmed. In other instances, these criminal background checks are unnecessary as they prove to be of little relevance, yet they have the effect of causing a disparate impact within certain Title VII-protected classes, including Black Americans and Hispanics.

To resolve this disparate impact, the Equal Employment Opportunity Commission (“EEOC”) has set forth non-biding guidance, proposing an assessment of “Green Factors” that employers should consider before denying an ex-convict employment. In …

Prison, Money, And Drugs: The Federal Sentencing System Must Be More Critical In Balancing Priorities Before It Is Too Late, Whitley Zachary

Texas A&M Law Review

America is currently facing a major crisis with prison overcrowding and operating costs that exceed the annual budget. In the 1980s, the federal government began a “war on drugs” and Congress passed a number of drug statutes that carried mandatory minimum penalties for offenders. Since then, the federal prison population began to grow exponentially and has now reached a practically unsustainable level. The marginal changes made thus far are simply not enough to address the problem.

Since 1984, the federal sentencing system has struggled to efficiently and effectively balance mandatory minimum sentences with the sentencing guidelines. Mandatory minimum sentences should …

Does Attractiveness Matter For Sex Offenders? An Examination Of Defendant Attractiveness, Defendant Gender, And Crime Severity, Adam Charles Austin

Theses and Dissertations

There has been an abundance of research showcasing an attraction-leniency bias that benefits attractive defendants of various crimes. However, this bias tends to diminish if the crime is deemed serious or if the defendant uses his or her attractiveness to commit the crime (i.e., swindle). The purpose of the current study is to investigate judgments made about a defendant being accused of a sexual offense. The study represents a 2 (gender of defendant) x 3 (attractiveness of defendant: attractive, unattractive, no picture) x 3 (crime severity: low, medium, high) factorial design. Participants (N = 686) were asked to report their …

What Is Philosophy Of Criminal Law?, Review Of The Oxford Handbook Of Philosophy Of Criminal Law By John Deigh & David Dolinko, Eds., Youngjae Lee

Faculty Scholarship

No abstract provided.

Invidious Deliberation: The Problem Of Congressional Bias In Federal Hate Crime Legislation, Sara Rankin

Faculty Articles

The intersection of power and prejudice can control the shape of statutory law, and yet a dearth of legal scholarship investigates it. Invidious Deliberation addresses that deficit. It tackles the problem of prejudice in Congressional deliberations at a particularly critical point: when Congress decides which groups to protect under federal hate crime legislation. The article contends that Congress’s own bias may exclude the most vulnerable groups from hate crime protection. To illustrate the point, this article systematically reviews over two decades of Congressional decisions with respect to expansions of the Hate Crime Statistics Act, a “gateway” for groups seeking protection …

Sex, Slaves, And Saviors: Domestic And Global Agendas In U.S. Anti-Trafficking Policy, Chelsea L. Thompson

Scripps Senior Theses

In this thesis, I problematize the United States’ response to the global phenomenon characterized as human trafficking. The framing of trafficking as policy issue takes place in the context of politicized claims about the nature and prevalence of trafficking, its relation to the sex industry, and the kind of response that is required. U.S. anti-trafficking policy was built and shaped in the context of fears about immigration, global labor, and the sex industry. As a result, trafficking has been used to justify oppressive domestic reactions such as border crackdown, scrutiny of immigrant and sex worker communities, and victim “protection” that …

Reconciliation And The Rule Of Law: The Changing Role Of International War Crimes Tribunals, Oriana H D Lavilla

Scripps Senior Theses

This thesis explores the relationship between international war crimes tribunals and peacebuilding in post-conflict societies. The aim of the present study was to examine how the role and function of international tribunals has changed since the establishment of the Nuremberg tribunal in the early years after World War II. Due to the evolving nature of international law and the international criminal legal system, international tribunals have become increasingly recognized as an integral component of peacebuilding processes in the aftermath of conflict. As the first international tribunal mandated to restore international peace and security, the International Criminal Tribunal for the former …

The Spillikin (Vol. 31), Valparaiso University

The Spillikin - The Christ College Newsletter

No abstract provided.

Residential Schools Litigation And The Legal Profession, Trevor C. W. Farrow

All Papers

The first purpose of this article is to examine some of the specific, problematic ways in which the adversarial process has handled the residential schools litigation. The second purpose, in the context of that litigation, is to examine whether the legal profession’s highly adversarial approach to survivors, their families and their claims has been consistent with the core values of the legal profession, and if so, whether those core values continue to be sustainable? What the residential schools legacy affords the legal profession is an opportunity to reflect not just on how it is handling this tragic legacy, but how …

The New Scarlet Letter? Negotiating The U.S. Labor Market With A Criminal Record, Steven Raphael

Upjohn Press

This book explores the difficulties facing ex-offenders as they try to enter and remain in the U.S. labor market.

Bgsu Graduate College 2014-2015 Catalog, Bowling Green State University

Course Catalogs

Bowling Green State University graduate catalog for 2014-2015.

Dislocation And Relocation: Women In The Federal Prison System And Repurposing Fci Danbury For Men, Anna Arons, Katherine Culver, Emma Kaufman, Jennifer Yun, Hope Metcalf, Megan Quattlebaum, Judith Resnik

Faculty Publications

(Excerpt)

This Report tracks the lack of progress in keeping federal prison space in the Northeast available for women and the impact of the absence of bed-spaces for women on the implementation of federal policies committed to reducing over-incarceration. The problems began in the summer of 2013, when the federal Bureau of Prisons (BOP) announced plans to transform its only prison for women in the Northeast—FCI Danbury—into a facility for men. The BOP explained that this self-described “mission change” was a response to the need to provide more low-security beds for male prisoners.

Blind Injustice: The Supreme Court, Implicit Racial Bias, And The Racial Disparity In The Criminal Justice System, Tyler Rose Clemons

Faculty Publications

(Excerpt)

“The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.” This statement by Chief Justice John Roberts in 2007 is alluring in both its grammatical symmetry and its logical simplicity. Yet it encapsulates the naiveté of the view of racial discrimination currently held by the majority of the justices of the Supreme Court of the United States. Chief Justice Roberts’s assertion contains the implied assumption that the only racial discrimination that exists—or at least the only kind that matters under the Constitution—is explicit and susceptible to conscious control. Decades of …

Impeachment By Unreliable Conviction, Anna Roberts

Faculty Publications

This Article offers a new critique of Federal Rule of Evidence 609, which permits impeachment of criminal defendants by means of their prior criminal convictions. In admitting convictions as impeachment evidence, courts are wrongly assuming that such convictions are necessarily reliable indicators of relative culpability. Courts assume that convictions are the product of a fair fight, that they demonstrate relative culpability, and that they connote moral culpability. But current prosecutorial practice and other data undermine each of these assumptions. Accordingly, this Article proposes that before a conviction is used for impeachment, there should be an assessment of the extent to …

Prison Health Care After The Affordable Care Act: Envisioning An End To The Policy Of Neglect, Evelyn Malavé

Faculty Publications

Inadequate prison health care has created a health crisis for reentering prisoners and their communities—a crisis that is exacerbated by barriers to employment and other collateral consequences of release. This Note will first examine how current Eighth Amendment doctrine has failed to sufficiently regulate prison health care so as to have any significant effect on the crisis. Next, it will argue that the Affordable Care Act (ACA) alters the Eighth Amendment analysis by triggering a change in the “evolving standards of decency” that guide the doctrine. Specifically, this Note will argue that, after the passage of the ACA, releasing sick, …

The Restorative Justice Talking Circle Process With Probation Officers: A Phenomenological Approach, Constance Marie Sheehan

Dissertations

Restorative justice seeks to bring together stakeholders in the justice system by acknowledging harm caused by offending behavior and finding ways to repair that harm. The activities associated with restorative justice create the potential for meaningful and positive outcomes for all stakeholders within the system. Restorative justice asks, what is the harm?, who are the stakeholders?, and, how can the harm best be repaired? A particular restorative practice - the talking circle - is a common practice of restorative justice efforts. The potential for restorative justice practices, like the talking circle, is developing of a new way of understanding for …

Just Leftovers, Sarah Elizabeth Tancred

Graduate Student Theses, Dissertations, & Professional Papers

Just Leftovers is intended to offer an understanding of the woman’s role within the domestic realm and its evolution over time in American society. My ultimate goal is to create an awareness of women’s inequality historically, but also to expose the inequality, biases, and double standards that continue to exist in our contemporary society. I choose to create this awareness through visual art with the manipulation of recognizable objects that the general public, stereotypically speaking, would associate with femininity and domesticity. I am fascinated by how these “feminine” objects and their historical content [e.g. bread pan] have been socially constructed …

20 Years Of Domestic Violence Advocacy, Collaborations, And Challenges: Reflections Of A Clinical Law Professor, Suzanne E. Tomkins

Journal Articles

No abstract provided.

Stuck: Fictions, Failures And Market Talk As Race Talk, Athena D. Mutua

Journal Articles

ClassCrits is a network of scholars and activists interested in critical analysis of law, the economy, and inequality. We aim to better integrate the rich diversity of economic methods and theories into law by exploring and engaging a variety of heterodox economic theories; including reviving, from the margins and shadowy past, discussions of class relations and their possible relevance to the contemporary context.

As a participant in the ClassCrits VI conference entitled, “Stuck in Forward: Debt, Austerity and the Possibilities of the Political”, I sat there at the end of the first day and puzzled over the fact that our …

The Purpose Of The Fourth Amendment And Crafting Rules To Implement That Purpose, Thomas K. Clancy

University of Richmond Law Review

No abstract provided.

Office Of Criminal Justice Programs Annual Report 2012-2013, Tennessee. Department Finance & Administration.

Office of Criminal Justice Programs

No abstract provided.

Listen To The Story: Banksy, Tyler The Creator, And The Growing Nihilistic Mindset, Duri Long

Journal of Hip Hop Studies

Art, as an expression of feelings, worldviews, and personal beliefs, is a reflection of our environment and how we interact with it. In this way, urban art such as rap music and graffiti can serve as a lens through which we are able to examine the state of the urban environment. Building on community literature that addresses the presence of nihilism in rap music, this work will establish that nihilism is a prevalent theme in the work of two artists: Tyler the Creator's rap music and BANKSY's graffiti art. By examining the growing subculture and appeal of urban art in …

Using Internet Artifacts To Profile A Child Pornography Suspect, Kathryn C. Seigfried-Spellar, Marcus K. Rogers

Faculty Publications

Digital evidence plays a crucial role in child pornography investigations. However, in the following case study, the authors argue that the behavioral analysis or “profiling” of digital evidence can also play a vital role in child pornography investigations. The following case study assessed the Internet Browsing History (Internet Explorer Bookmarks, Mozilla Bookmarks, and Mozilla History) from a suspected child pornography user’s computer. The suspect in this case claimed to be conducting an ad hoc law enforcement investigation. After the URLs were classified (Neutral; Adult Porn; Child Porn; Adult Dating sites; Pictures from Social Networking Profiles; Chat Sessions; Bestiality; Data Cleaning; …

Interdepdence Of Community Mental Health Care Providers In An Urban County: A Spatial Panel Approach, Lizi Wu

Wayne State University Dissertations

This dissertation empirically investigates mental health care expenditures between community mental health care providers, using a spatial panel data model. Specifically, it explores the spatial interdependency in the publicly funded mental health care system of Detroit-Wayne County with a spatial dynamic panel data model with individual effects and other controls. A transformation approach is applied to ensure consistency of the estimates. Results support some degree of interdependence between neighboring sites/clinics and time dynamics in terms of their gross revenue. The study also provides other implications like significance of mental health managed care and Medicaid expansion. As the first study to …