Digital Commons Network^™

Please Don't Forget About Me: African American Women, Mississippi, And The History Of Crime And Punishment In Parchman Prison, 1890-1980, Telisha Dionne Bailey

Electronic Theses and Dissertations

Despite the vast amount of research covering incarcerated men in the southern prison system from the beginning of the nineteenth century to present, the incarceration of women has gone almost unexamined. As the forgotten offender, historians, criminologist, and others interested in Mississippi carceral studies have failed to include a historical study that focuses on the incarceration of African American women in Mississippi. To date, there are two major historical works that explore Mississippi penology and its notorious Parchman Penitentiary. David Oshinsky’s, Worse Than Slavery and William Banks Taylor’s, Down on Parchman Farm, are the two pivotal historical works that examine …

Modern Military Justice: Cases And Materials, 2d Edition (2015), Gregory E. Maggs, Lisa M. Schenck

GW Law Faculty Publications & Other Works

This textbook is about the modern military justice system of the United States. It covers court-martial procedures, substantive criminal law, and non-judicial punishment under the Uniform Code of Military Justice, in addition to the Military Extraterritorial Jurisdiction Act, which gives the federal courts jurisdiction over certain acts committed abroad, and the Military Commissions Acts of 2006 and 2009, which created military tribunals for trying enemy beligerents. The Second Edition includes several recent cases and addresses some of the significant changes that Congress has recently made to the Uniform Code of Military Justice and that the President has made to the …

Concealed Weapon Proliferation And The Impact On Firearm-Related Fatalities And Injuries Due To Assault In Kentucky, 2005-2013, Travis Young

Theses and Dissertations--Public Health (M.P.H. & Dr.P.H.)

Objectives: The objective of our research was to look broadly at firearms and health in the state of Kentucky, where annual gun purchases are rising and laws eliminating restrictions on concealed carry have empowered more than 300,000 citizens to carry firearms in virtually any public setting. As guns become more prevalent, and more readily accessible, will violent crime decrease as some have predicted, or will the potential for conflict escalation cause the opposite effect?

Methods: Utilizing death records for firearm-related homicides and hospitalization and emergency department visit data for injuries occurring due to firearm-related assault, we correlated the rate of …

The Questionable Character Of The Bar's Character And Fitness Inquiry, Leslie Levin, Peter Siegelman

Faculty Articles and Papers

Lawyers who engage in misconduct can do substantial harm. To screen out "unfit" lawyers, bar examining authorities collect detailed personal information from bar applicants. The rationale for this "character and fimess" inquiry is to identify who is likely to become a problematic lawyer. Despite the history of discrimination associated with this inquiry and the highly personal information requested, there has been no rigorous test of whether such predictions are possible. This article examines the information disclosed by 1,343 Connecticut bar applicants and their subsequent disciplinary records. It reveals that while some bar application data are associated with an elevated risk …

Fourth Amendment Fiduciaries, Kiel Brennan-Marquez

Faculty Articles and Papers

Fourth Amendment law is sorely in need of reform. To paraphrase Justice Sotomayor's concurrence in United States v. Jones, the idea that people have no expectation of privacy in information voluntarily shared with third-parties-the foundation of the widely reviled "third-party doctrine "-makes little sense in the digital age.

In truth, however, it is not just the third-party doctrine that needs retooling today. It is the Fourth Amendment's general approach to the problem of "shared information. " Under existing law, if A shares information with B, A runs the risk of "misplaced trust"-the risk that B will disclose the information to …

What Is The Relationship Between Adolescent Adjustment And Distress From Ostracism?, Taylor A. Nelson

Honors Capstones

This investigation examined the relationship between adolescent adjustment and distress from ostracism. Specifically, it looked at whether peer victimization and maternal consulting about peer relationships moderate the relationship between adolescents' overall depression and distress from ostracism. Several questions were of interest. First, is the relationship between adolescents' overall depression and distress from ostracism moderated by maternal consulting? It was hypothesized that higher levels of overall depression in conjunction with higher levels of consulting will be related to lower levels of distress. Second, is the relationship between adolescents overall depression in distress from ostracism moderated by victimization? It was hypothesized that …

Undergraduate Catalog, 2015-2016, University Of South Florida St. Petersburg.

Undergraduate Catalogs

No abstract provided.

Obituaries - Volume M Part 1, Rowan County Historical Society

Rowan County Histories Collection

Obituaries of Rowan County, Kentucky. Volume M, Part 1. Compiled circa 2015.

Obituaries - Volume S Part 2, Rowan County Historical Society

Rowan County Histories Collection

Obituaries of Rowan County, Kentucky. Volume S, Part 2. Compiled circa 2015.

Police Officer Willingness To Use Stress Intervention Services: The Role Of Perceived Organizational Support (Pos), Confidentiality And Stigma, Jane M. Tucker

Criminal Justice Faculty Publications

No abstract provided.

Democracy On Trial: Examining Argentina's Response To The 1994 Terrorist Attack On The Amia Jewish Community Center In Buenos Aires, Amy Crawford

HIM 1990-2015

On July 18, 1994, the Asociación Mutual Israelita Argentina (AMIA), the Jewish Community Center in Buenos Aires, was bombed in what has been called the worst terrorist attack on Argentina in history. The bombing killed an estimated 86 people and wounded over 200. The Argentine government began a judicial investigation and vowed to bring the perpetrators to justice. Twenty years later, the case remains unresolved. The investigation has been marked by inefficiency and allegations of corruption. The recent, suspicious death of the lead prosecutor of the case has further called into question the legitimacy of Argentina’s government and justice system. …

Deciphering Holland's Code, Dennis D. Turner

HIM 1990-2015

The Party Exercise found on countless career guidance websites and popularized by the best-selling, job-hunting book What Color Is Your Parachute (Bolles, 2015) purports to provide an estimate of an individual's Holland's code. This study examines whether this commonly used Party Exercise accurately predicts an individual's Holland's code (Holland, 1997). Undergraduate students (N=473) completed The Party Exercise and then the Self- Directed Search (Holland & Messer, 2013). The results of this study do not support the use of this popular “Party Exercise” as a valid estimate of an individual's Holland code.

Les Temps Roulent: An Analysis Of Emergency Medical And Police Response Times To Shootings And Lethality In New Orleans, Sarah Sacra

Electronic Theses and Dissertations

Lethality of aggravated assaults has long been discussed in terms of weapons used, location of assault, demographics of victims, and regions of the US in which the assault occurred. However, dating back to the 1950s, medical response times have been discussed as a mediating factor, but minimally explored in analyses. The current study assesses the lethality of shootings with a primary focus on emergency medical and police response times in New Orleans, LA. Along with routine activities and social disorganization indicators, 102 shootings that occurred in 3 months are analyzed to establish response time patterns of lethality. Results indicate that …

Comparing Police Eyewitnesses And Lay Eyewitnesses: The Effect Of Eyewitness Reputation And Procedural Justice On Juror Verdict Decisions, Lindsey Marie Cole

Doctoral Dissertations

Verdict decisions can have potentially severe consequences for defendants including incarceration or even capital punishment. Previous researchers have identified many factors that can influence these decisions. One of the most influential aspects of juror decisions identified by researchers is witness testimony; however, there has been little empirical research on police officers as witnesses. Jurors may have pre-existing attitudes about the police that may influence how they view police officer witnesses on the stand. Furthermore, special rules govern the admission of credibility evidence against a police officer witness in the state of New Hampshire. The purpose of the study was threefold: …

2015-2016 Student Handbook, Nova Southeastern University

Huizenga Postgraduate Course Catalogs

No abstract provided.

The Politics Of The Bail System: What's The Price For Freedom., Lydia D. Johnson

The Scholar: St. Mary's Law Review on Race and Social Justice

The only factor determining the release of a defendant from custody before his trial date is money. The government should eliminate the current bail system and replace it with mandated pre-trial release unless the state can prove the defendant to be a flight risk or a danger to society. This bail system has an adverse economic impact on minorities and on poor communities. Some states have used their constitutions to implement pre-trial release. Texas has four constitutional provisions which would permit similar implementations. However, clashing political ideologies and institutional alliances continue to prevent the construction of a workable solution. Dismantling …

Maternal And Paternal Imprisonment And Children's Social Exclusion In Young Adulthood, Holly Foster, John Hagan

Journal of Criminal Law and Criminology

The United States has entered its fourth decade of high imprisonment levels. It is now possible to assess the impact of parental imprisonment on children who have completed the transition to adulthood. We elaborate the role of parental incarceration from a life course perspective on intergenerational social exclusion in young adulthood. The National Longitudinal Study of Adolescent Health [Add Health] representatively sampled the historically unique national cohort born in the 1980s, during the onset of mass incarceration. Four waves of the Add Health survey provide a valuable moving window on incarcerated parents and the transitions of their children from adolescence, …

Criminals Get All The Rights: The Sociolegal Construction Of Different Rights To Die, Meredith Martin Rountree

Journal of Criminal Law and Criminology

In the United States, different people have different rights to die. This Article traces the origins of death-sentenced prisoners’ ability to enlist assistance in dying and compares it to the considerably more circumscribed right held by people with serious illness. It uses empirical research on “volunteers,” death-sentenced prisoners who sought execution, to argue that the legal standard for adjudicating their requests to hasten execution should be changed. Empirical evidence suggests many of the concerns governing the regulation of assisted dying in the medical context are present in the death row case. This Article therefore urges courts to use a balancing …

Correctional Education Can Make A Greater Impact On Recidivism By Supporting Adult Inmates With Learning Disabilities, Angela Koo

Journal of Criminal Law and Criminology

This Comment brings attention to a group that is overlooked within our prisons—adult inmates with learning disabilities. These inmates currently face challenges in receiving appropriate educational programming. Recognizing that several studies support the proposition that education reduces recidivism, this Comment argues that correctional education programs must make reforms to accommodate adult inmates with learning disabilities in order for education to fully impact recidivism rates.

Reasonable Doubt And Moral Elements, Youngjae Lee

Journal of Criminal Law and Criminology

The law is axiomatic. In order to convict a person of a crime, every element of the crime with which he is charged must be proven beyond a reasonable doubt. This Article argues that this fundamental proposition of American criminal law is wrong. Two types of elements are typically found in crime definitions: factual elements and moral elements. Proving factual elements involves answering questions about historical facts—that is, questions about what happened. By contrast, proving moral elements—such as “reckless,” “unjustifiable,” “without consent,” or “cruel”—involves answering questions not only about what happened but also about the evaluative significance of what happened. …

Swift, Certain, And Fair Punishment: 24/7 Sobriety And Hope: Creative Approaches To Alcohol- And Illicit Drug-Using Offenders, Paul J. Larkin Jr.

Journal of Criminal Law and Criminology

Criminologists believe that the certain and swift imposition of a mild punishment has a greater deterrent effect than the remote and indefinite application of a severe punishment. Judges in South Dakota and Hawaii independently put that theory to the test and created innovative strategies to deal with substance abuse and crime. Those programs—the 24/7 Sobriety program in South Dakota and Hawaii’s Opportunity Probation with Enforcement—subject probationers to a rigorous alcohol or drug testing regimen backed up by a guaranteed and immediate but modest sentence of confinement for everyone who tests positive. Those programs have proved to be sensible, humane, and …

To Be Judged By Twelve Or Carried By Six? Quasi-Involuntariness And The Criminal Prosecution Of Service Members For The Use Of Force In Combat - A Grunt's Perspective, Lupe Laguna

Journal of Criminal Law and Criminology

Post-9/11 conflicts have altered the way that the United States of America and her allies fight wars. Over the last ten years military commanders have embraced counterinsurgency doctrine as the path to victory in the War on Terror. As they have done so, commanders have been faced with the difficult task of balancing the need to protect local civilian populations with the need to proactively target insurgent fighters. To accomplish this mission, the military has adopted rules of engagement that allow a service member to engage a target when he or she perceives that the target exhibits “hostile intent.” The …

The Psychology Of Workplace Deviant & Criminal Behavior, William Brice, Deborah E. Rupp

Journal of Criminal Law and Criminology

The 2013 book Deviant and Criminal Behavior in the Workplace addresses the psychological constructs, situations, and environments underlying active counterproductive workplace behaviors. Building on a diverse range of psychological findings, this book highlights that the field of criminology needs to expand outside of the realm of violence and instead look at how deviant workplace behaviors can tie into—and motivate—other types of crime.

Lawful Or Fair? How Cops And Laypeople Perceive Good Policing, Tracey L. Meares, Tom R. Tyler, Jacob Gardener

Journal of Criminal Law and Criminology

Legal authorities and the public live in two separate worlds. One world is suffused with law, and the other world is suffused with people’s lived experiences that support their evaluations of fairness. When legal authorities consider whether police policies and practices are desirable, a framework regarding the lawfulness of the relevant policies and practices dominates the conversation. Police departments, their policies, and police officers’ actions are viewed as right or wrong with reference to constitutional standards, as interpreted by prosecutors, judges, and other legal actors. In contrast, we argue that the public is generally insensitive to the question of whether …

Estimating The Prevalence Of Entrapment In Post-9/11 Terrorism Cases, Jesse J. Norris, Hanna Grol-Prokopczyk

Journal of Criminal Law and Criminology

How many of the terrorism convictions since September 11, 2001 have been the product of entrapment? Some scholars and journalists have suggested that the number is quite high. One report went so far as to claim that only 1% of terrorism prosecutions involve “real” terrorism. The government’s defenders, at the opposite extreme, come close to saying that entrapment in a terrorism case is a contradiction in terms.

Little empirical basis exists for evaluating these competing claims. Existing literature on terrorism and entrapment is typically based on detailed discussions of a few egregious cases, rather than systematic analysis of the phenomenon. …

Symposium On The Center On Wrongful Convictions: Foreward, Karen L. Daniel

Journal of Criminal Law and Criminology

No abstract provided.

An Ideological Odyssey: Evolution Of A Reformer, Rob Warden

Journal of Criminal Law and Criminology

No abstract provided.

Remembering Disputed Sexual Encounters: A New Frontier For Witness Memory Research, Deborah Davis, Elizabeth F. Loftus

Journal of Criminal Law and Criminology

This paper reviews sources of distortion in memory for sexual encounters, particularly those between intoxicated participants. We review factors leading to initial misinterpretations of sexual consent including the indirect nature of sexual consent communications, misleading cultural sexual scripts, misinterpretation of passivity, and others. In this context, we consider the way in which alcohol can both contribute to initial misunderstanding and promote specific distortions in memory over time. Finally, we discuss additional influences on memory, including motivations related to self-esteem, self-concept maintenance, or litigation, and the effects of social influence from sources such as friends, forensic interviewers or therapists.

The Unindicted Co-Ejaculator And Necrophilia: Addressing Prosecutors' Logic-Defying Responses To Exculpatory Dna Results, Jacqueline Mcmurtrie

Journal of Criminal Law and Criminology

This article addresses a prosecutor’s development of new and bizarre theories, particularly in cases involving confession evidence, to explain away exculpatory DNA results. In Juan Rivera’s case, the prosecutor’s theory for why sperm found inside the 11-year-old victim on the day she was murdered did not belong to Rivera was that she had sex with someone before Rivera came along and raped (but did not ejaculate) and murdered her. The unnamed-lover theory is used so often by prosecutors that it has a moniker: “the unindicted co-ejaculator.” In the case of the Dixmoor Five, teenagers convicted of the rape and murder …

The Chronic Failure To Discipline Prosecutors For Misconduct: Proposals For Reform, Thomas P. Sullivan, Maurice Possley

Journal of Criminal Law and Criminology

While most prosecutors adhere to the maxim that their primary task is to obtain just results, there are some who violate their ethical responsibilities in order to rack up convictions. This article describes the distressing, decades-long absence of discipline imposed on prosecutors whose knowing misconduct has resulted in terrible injustices being visited upon defendants throughout the country. Many honorable lawyers have failed to speak out about errant prosecutors, thus enabling their ethical breaches. The silent accessories include practicing lawyers and judges of trial and reviewing courts who, having observed prosecutorial misconduct, failed to take corrective action. Fault also lies with …