Digital Commons Network^™

Human Trafficking: Understanding The Law And Deconstructing Myths, John Cotton Richmond

Saint Louis University Law Journal

No abstract provided.

“Modern Day Slavery”—Implications Of A Label, Mary Graw Leary

Saint Louis University Law Journal

No abstract provided.

Inevitable Horrors: Sexual Assault In Prison, Cierra Simpson

Saint Louis University Law Journal

No abstract provided.

About The Authors

Seattle Journal for Social Justice

No abstract provided.

A Research Project Focused On Involving Parents With Behavior Program At Home, Susan M. Tucker

Doctoral Research Project

No abstract provided.

A Quantitative Analysis Of Fear Of Retaliation In A Cooperation Model, Jordan Papp

Wayne State University Theses

Past qualitative research has shown that fear of retaliation influences an individual's willingness to cooperate with the police. The purpose of this study was to quantitatively examine the influence that fear of retaliation has on a citizen's willingness to cooperate with the police. This study also examined both normative and instrumental motivations for cooperating with the police to understand which motivations are more salient at explaining willingness to cooperate with the police. Data for this study were collected from 408 Detroit homes in 2009 from three different neighborhoods where homes were selected randomly from those neighborhoods. Results indicate that the …

Book Review, Angela Mae Kupenda

Journal Articles

Racial Reckoning: Prosecuting America’s Civil Rights Murders is an exceptional work by Renee C. Romano. This review will first discuss a concern I had prior to reading her book. Discussion of this alleviated concern will be followed by brief consideration of Romano’s well selected titled, which will be followed by a discussion of what I see as major contributions of the book.

Addressing Racial Disparities In Preschool Suspension And Expulsion Rates, Amy B. Cyphert

Tennessee Law Review

In 2014, the Department of Education's Office for Civil Rights published data for the first time that tracked preschool suspension and expulsion rates. The data was startling: not only were preschoolers being suspended and expelled, something that surprised many readers on its own, they were being suspended and expelled in racially disproportionate numbers, with African-American boys bearing the brunt of the discipline. Politicians, researchers and advocates quickly spoke out, noting that these numbers confirmed that the school to prison pipeline really starts in preschool, and calling for reform.

In this Article, I explore some of the policies and practices that …

Squealer Dealers: The Market For Information In Federal Drug Trafficking Prosecutions, Andrew Nutting

Economics Faculty Research and Scholarship

Federal data on drug trafficking sentences are used to determine factors that affect market quantities of providing information against other defendants (i.e., defendant probabilities of receiving testimony-related sentence reductions) and market prices of information (i.e., the sizes of such sentence reductions). Women and better-educated defendants experience high demand (higher quantities and prices) for information. Blacks, Hispanics, and non-U.S. citizens experience low demand. Defendants expecting longer sentences have higher supply of information. Conditional on expected sentence, crack dealers, high-level dealers, and dealers with long criminal histories experience low demand, while low-level dealers experience high demand. Women of all races experience high …

Courts Caught In The Web: Fixing A Failed System With Factors Designed For Sentencing Child Pornography Offenders, Brendan J. Sheehan

Cleveland State Law Review

This Article introduces a Study, compiling data of 238 internet crimes against children occurring between 2008-2012, and concludes there is no correlation between presentence risk assessment scores and the subsequent sentences imposed by Northeast Ohio judges. The current risk assessment tools are insufficient and should be replaced by a comprehensive multi-factor approach that assesses relevant factors and identifies an offender’s placement on the “Spiral of Abuse” to aid Northeast Ohio judges in crafting fair, just, and consistent sentences for CPOs.

A Critical Realist Approach To Engineering Ethics, Eddie Conlon

Conference papers

This paper is focused on the teaching of engineering ethics (EE). Through a focus on safety and the lens of what sociologists call the agency/ structure relationship it examimes various approaches to this teaching. Drawing on Critical Realism it argues there are deficiencies in both the dominant approach and a number of proposed alternatives as they suffer from various forms of conflationism . By drawing on Critical Realism (CR) a more robust agenda for teaching engineering ethics can be developed. It is argued that CR offers a basis for understanding the range of factors which lead to accidents and disasters. …

Standards Of Legitimacy In Criminal Negotiations, Wesley M. Oliver, Rishi Batra

Law Faculty Publications

Scholarship on negotiation theory and practice is rich and well-developed. Almost no work has been done, however, to translateto the criminal context the lessons learned about negotiationfrom extensive empirical study using the disciplines of econom-ics, game theory, and psychology. This Article suggests that de-fense lawyers in criminal negotiations can employ toolsfrequently useful to negotiators in other arenas: neutral criteria as a standard of legitimacy. Judges sometimes exercise a type of discretion analogous to prosecutorial discretion. When they do so, they offer an independent, reasoned, and publicly available assessment of the factors that a prosecutor ought to consider in deciding whether …

Amnesty International Report On Police Use Of Force, Wesley M. Oliver

Law Faculty Publications

Amnesty International last week harshly criticized the US for not providing standards strictly limiting the use of lethal force by police to those occasions when no other options are available and such force is essential to save lives.

Constrained Choice: Mothers, The State, And Domestic Violence, Rona Kaufman

Law Faculty Publications

No abstract provided.

New Attack On Reproductive Justice: Tennessee’S Criminalization Of Pregnancy Conduct, Samir Nadkarni

Student Works

No abstract provided.

The Decriminalization Of Marijuana: Ignoring Federal Laws, Jessie M. Mills

Student Works

No abstract provided.

America’S Enablement Of Rape By Fraud & A Necessary Response, Derrick Grant

Student Works

No abstract provided.

Diagnosis Dangerous: Why State Licensing Boards Should Step In To Prevent Mental Health Practitioners From Speculating Beyond The Scope Of Professional Standards, Jennifer S. Bard

UF Law Faculty Publications

This Article reviews the use of mental health experts to provide testimony on the future dangerousness of individuals who have already been convicted of a crime that qualifies them for the death penalty. Although this practice is common in many states that still retain the death penalty, it most frequently occurs in Texas because of a statute that makes it mandatory for juries to determine the future dangerousness of the defendant they have just found guilty. Both the American Psychiatric Association and the American Psychological Association have protested the use of mental health professionals in this setting because there are …

Clear And Simple Deportation Rules For Crimes: Why We Need Them And Why It's Hard To Get Them, Rebecca Sharpless

Articles

In Padilla v. Kentucky, the U.S. Supreme Court held that defense attorneys have a Sixth Amendment duty to advise noncitizen clients of the "clear" immigration consequences of a proposed plea agreement. This Article argues that the Court's reference to clarity denotes predictability, not simplicity, and that defense attorneys must advise their clients of predictable immigration consequences, even if they are difficult to ascertain. The scope of this duty has broadened as the U.S. Supreme Court has made the crime-related deportation rules more determinate, although many rules remain complex. A legislative move to a regime of simple deportation rules would …

Non Destructive Testing Of Soft Body Armor, Karan Bhise

Open Access Theses

Pristine bullet proof vests are extremely effective at halting pre-determined projectile threats and have saved over 3000 lives. However, the effectiveness of these vests to halt a bullet is seen to decrease over time.Owing to the importance of bullet proof vests over a period of time, tests to determine their effectiveness have been carried out on every batch of vests at the time of inception and at certain time intervals by shooting a bullet through them. A few vests from every batch are picked up and shot at to check for bullet penetration during this process while these results are …

Non Destructive Testing Of Soft Body Armor, Karan Bhise

Open Access Theses

Pristine bullet proof vests are extremely effective at halting pre-determined projectile threats and have saved over 3000 lives. However, the effectiveness of these vests to halt a bullet is seen to decrease over time.Owing to the importance of bullet proof vests over a period of time, tests to determine their effectiveness have been carried out on every batch of vests at the time of inception and at certain time intervals by shooting a bullet through them. A few vests from every batch are picked up and shot at to check for bullet penetration during this process while these results are …

Web Based Cyber Forensics Training For Law Enforcement, Nicholas A. Sturgeon

Open Access Theses

Training and education are two of the most important aspects within cyber forensics. These topics have been of concern since the inception of the field. Training law enforcement is particularly important to ensure proper execution of the digital forensics process. It is also important because the proliferation of technology in to society continues to grow at an exponential rate. Just as technology is used for good there are those that will choose to use it for criminal gains. It is critical that Law Enforcement have the tools and training in cyber forensics. This research looked to determine if web based …

Criminal Corruption: Why Broad Definitions Of Bribery Make Things Worse, Albert W. Alschuler

Public Law and Legal Theory Working Papers

No abstract provided.

Rituals Upon Celluloid: The Need For Crime And Punishment In Contemporary Film, J C. Oleson

Cleveland State Law Review

Most members of the public lack first-hand experience with the criminal justice system; nevertheless, they believe that they possess phenomenological knowledge about it. In large part, the public’s understandings of crime and punishment are derived from television and film, which provide modern audiences with a vision of institutions that are normally occluded from view. While public rituals of punishment used to take place on the scaffold, equivalent moral narratives about crime and punishment now occur on film because modern punishment is imposed outside of the public gaze. Yet because crime films distort what they depict, the public’s view of crime …

The Impact Of Mobile Network Forensics Evidence On The Criminal Case Processing Performance In Macedonia: An Institutional Analysis Study, Filipo Sharevski

Open Access Dissertations

The purpose of this study was to explore the contribution of the localization data, network-management data, and content-of-communication data in the case processing performance in Macedonia. The mobile network forensics evidence was analyzed respective to the impact of the mobile network data variety, the mobile network data volume, and the forensic processing on the case disposition time. The results from this study indicate that the case disposition time is negatively correlated with the network-management data volume and positively correlated with the content-of-communication data volume. The relevance of the network-management data was recognized in the highly granular service behavior profile developed …

Problem Solving Courts & Race: An Examination Of Community Courts And The Impact Of Race, Tyrell Anthony Connor

Open Access Dissertations

The United States currently leads the world in incarcerations rates. The dramatic increase of using prison as a response to most criminal offenses has called for new and innovative practices. Problem solving courts have been leading the way by incorporating evidence-based practices in the courtroom to find alternatives to incarceration. However, although problem solving courts are receiving praise for their innovative ways, they have seemed to fail at adequately addressing the racial disparities so prevalent in the U.S. criminal justices system. This dissertation seeks to understand how race can play a role in problem solving courts, by specifically evaluating community …

Cultural Considerations In Forensic Science In The United States, Suzanna K. Taylor, Wayne P. Bergeron

Politics, Justice, Law, and Philosophy

Does the cultural context of any criminal justice element, ranging from the crime victim to the forensic science expert, have any impact on the pursuit of justice? Is forensic science completely free of cultural adulteration? Two dimensions of the cultural consideration variable this paper focuses on are (1), what areas of forensic analysis need to be considered to prevent, or at least, diminish cultural offenses in processing crime scenes and forensic evidence, and (2) the need of forensic science professionals and organizations to adopt a consistent scientific culture in processing and analyzing evidence (particularly in DNA analysis). While many empirical …

Criminal Law—Sentencing Juveniles—Where Do We Go From Here? Mandatory Sentencing And Retroactive Application Post-Miller. Miller V. Alabama, 132 S. Ct. 2455 (2012)., Nikki Morris

University of Arkansas at Little Rock Law Review

No abstract provided.

The Promises And Pitfalls Of State Eyewitness Identification Reforms, Nicholas A. Kahn-Fogel

Law Faculty Scholarship

This article provides a comprehensive analysis of state-based eyewitness identification reforms, including legislative directives, evidentiary rules, and judicial interpretations of state constitutions as providing greater protection against the use of unreliable eyewitness evidence than the United State Supreme Court offered in its 1977 decision in Manson v. Brathwaite. While previous scholarship has included thorough consideration of a single state's eyewitness law, state-by-state analysis of a sub-issue in eyewitness law, and brief general surveys of state approaches to eyewitness reform, this article adds to the current body of scholarship with an in-depth evaluation of eyewitness identification law in states that have …

Doin' Time For An Unproven Crime: The Problem Of Unpreserved Evidence Sufficiency Issues In Criminal Appeals, Richard Sanders

St. Thomas Law Review

Sections I and II of the article lay out the general principles of the preservation rule and its fundamental-error exception. Section III discusses the Florida cases that have wrestled with the problem of unpreserved sufficiency issues in criminal cases. The problem in the cases-seen in F.B. and in the pre-F.B. district court cases-is that Florida courts do not say that all valid-but-unpreserved sufficiency issues should be remedied as fundamental error. This means there will be some cases where the evidence in the record fails to establish all the elements of the crime of conviction but the court will affirm because …