Digital Commons Network^™

Preventing Reincarceration Of Women With Mental Illness, Anne M. Dolmovich

Honors Undergraduate Theses

Since deinstitutionalization of state hospitals began almost 50 years ago, there has been an increase in the population with mental illness seen in the prison system. A combination of factors were looked at when studying causes behind incarceration, including active symptoms of mental illness, socioeconomic status, social support systems, history of trauma, history of drug abuse, police education on mental illness, and public perspective on mental illness. This study is a literature review focusing on people with mental illness in the prison system, with particular attention to women.

It is costly to house inmates for any extended period of time. …

The Transformation And Demise Of Terrorist Organizations: Causes And Categories, Devyani M. Mehta

Honors Undergraduate Theses

In the recent years, the world has experienced devastating losses due to terrorist attacks. Research in the fields of causes of terrorism is abundant, but the amount of research on the end of terrorism does not equally measure up. This paper aims to add to the research focused on analyzing the factors which cause terrorist groups to transition away from violence.

This paper introduces an original categorization of the factors which generate this transition. Factors belong to two categories: internal --decisions made by the terrorist organization, and external--actions or features pertaining to organization outside of non-terrorist organizations. These factors will …

The Role Of Public Relations In College Athletics: Identifying Roles, Tasks, And Importance Of Public Relations, Brody J. Ruihley, Angela N. Pratt, Tiffany Carpenter

Journal of Applied Sport Management

Public relations (PR) is becoming increasingly important in college athletics as the frequency and severity of controversy, legal issues, and crises heighten. With many stakeholders concerned about college athletic programs, coupled with an increased media presence and skyrocketing budgets, it is imperative that athletic programs communicate effectively and efficiently in times where clarity is needed. With that, the purpose of this research is to continue learning about the roles and perceptions of PR within an athletic department, as seen through the lens of ath-letic directors. Building on the work of (Ruihley & Fall, 2009), this research seeks to discover more …

No Due Process, No Asylum, And No Accountability: The Dissonance Between Refugee Due Process And International Obligations In The United States, Marissa Hill

American University International Law Review

No abstract provided.

Twenty-First Century Regression: The Disparate Impact Of Hiv Transmission Laws On Gay Men, Siobhán Elizabeth Stade Murillo

Law Student Scholarship

No abstract provided.

Do Religious Exemptions Save?, Maimon Schwarzschild

Faculty Scholarship

No abstract provided.

Race, Class, And Access To Civil Justice, Sara Sternberg Greene

Faculty Scholarship

After many years of inattention, policymakers are now focused on troubling statistics indicating that members of poor and minority groups are less likely than their higher-income counterparts to seek help when they experience a civil justice problem. Indeed, roughly three-quarters of the poor do not seek legal help when they experience a civil justice problem, and inaction is even more pronounced among poor blacks. Past work on access to civil justice largely relies on unconfirmed assumptions about the behavior patterns and needs of those experiencing civil justice problems. At a time when increased attention and resources are being devoted to …

Rare As Hens' Teeth: The New Geography Of The American Death Penalty, Brandon L. Garrett

Faculty Scholarship

Today, only a few dozen scattered counties actually impose death sentences, supporting the death penalty’s arbitrariness.

Privatizing Public Litigation, Margaret H. Lemos

Faculty Scholarship

Government litigators increasingly use private resources—human and financial—to support their efforts in court. In some cases, government entities hire private lawyers to perform legal work on behalf of the government; in others, they draw on private donations to fund litigation; and in some cases they do both, relying on privately funded private lawyers to litigate cases in the government’s name. These mergers of public and private can be understood as part of broader trends toward the privatization of government services. This Article uses lessons from the privatization debates to illuminate the likely costs and benefits of bringing private actors into …

Criminal Adjudication, Error Correction, And Hindsight Blind Spots, Lisa Kern Griffin

Faculty Scholarship

Concerns about hindsight in the law typically arise with regard to the bias that outcome knowledge can produce. But a more difficult problem than the clear view that hindsight appears to provide is the blind spot that it actually has. Because of the conventional wisdom about error review, there is a missed opportunity to ensure meaningful scrutiny. Beyond the confirmation biases that make convictions seem inevitable lies the question whether courts can see what they are meant to assess when they do look closely for error. Standards that require a retrospective showing of materiality, prejudice, or harm turn on what …

Baghdad’S Thirdspace: Between Liminality, Anti-Structures And Territorial Mappings, Sana Murrani

School of Art, Design and Architecture

Wedged in-between the dense urban grain of Baghdad, blast walls of t-shaped concrete have littered the streets and neighbourhoods since 2003, after the US led invasion. The idiosyncrasy of these walls lies in their exaggerated spatial liminality. They appear, change location and disappear overnight, and on a daily basis, leaving Iraqis to navigate through labyrinths of in-between spaces. This article critically reveals the new social and power structures that have emerged in the context of the city in response to the condition resulting from this unique urban intervention. This uncanny spatial and social condition of permanent liminality will be analysed …

Promoting Mental Health And Preventing Mental Illness In General Practice, Kurt C. Stange

Faculty Scholarship

This paper calls for the routine integration of mental health promotion and prevention into UK General Practice in order to reduce the burden of mental and physical disorders and the ensuing pressure on General Practice. The proposals & the resulting document (https://ethicscharity. files.wordpress.com/2015/09/rcgp_keymsg_150925_v5.pdf) arise from an expert ‘Think Tank’ convened by the London Journal of Primary Care, Educational Trust for Health Improvement through Cognitive Strategies (ETHICS Foundation) and the Royal College of General Practitioners. It makes 12 recommendations for General Practice: (1) Mental health promotion and prevention are too important to wait. (2) Work with your community to map risk …

Elections, Ideology, And Turnover In The U.S. Federal Government, Alexander D. Bolton, John De Figueiredo, David E. Lewis

Faculty Scholarship

A defining feature of public sector employment is the regular change in elected leadership. Yet, we know little about how elections influence public sector careers. We describe how elections alter policy outputs and disrupt the influence of civil servants over agency decisions. These changes shape the career choices of employees motivated by policy, influence, and wages. Using new Office of Personnel Management data on the careers of millions of federal employees between 1988 and 2011, we evaluate how elections influence employee turnover decisions. We find that presidential elections increase departure rates of career senior employees, particularly in agencies with divergent …

Campus Prism: A Report On Promoting Restorative Initiatives For Sexual Misconduct On College Campuses, David R. Karp Phd, Julie Shackford-Bradley, Robin Wilson, Kaaren Williamsen

School of Leadership and Education Sciences: Faculty Scholarship

The Campus PRISM Project (Promoting Restorative Initiatives for Sexual Misconduct) includes an international team of researchers and practitioners who are deeply invested in reducing sexual and gender-based violence by exploring how a restorative approach may provide more healing and better accountability.

Crossing The Line: Daubert, Dual Roles, And The Admissibility Of Forensic Mental Health Testimony, Sara Gordon

All Faculty Publications

Psychiatrists and other mental health professionals often testify as forensic experts in civil commitment and criminal competency proceedings. When an individual clinician assumes both a treatment and a forensic role in the context of a single case, however, that clinician forms a dual relationship with the patient—a practice that creates a conflict of interest and violates professional ethical guidelines. The court, the parties, and the patient are all affected by this conflict and the biased testimony that may result from dual relationships. When providing forensic testimony, the mental health professional’s primary duty is to the court, not to the patient, …

A Study Of The Fepac Accredited Graduate Forensic Science Programs' Curricula, Catherine Genice Rushton

Theses, Dissertations and Capstones

The National Institute of Justice (1999) and the National Academy of Sciences (2009) recommended that forensic science training shift from on-the-job training to formal education. However, the reports cited inconsistencies in the curricula of the forensic science degree programs as an impediment to this. The Forensic Science Education Programs Accreditation Commission (FEPAC) Standards were created to address this issue; however, no studies have been conducted to determine how the accreditation standards have been implemented by the FEPAC accredited graduate programs. This study evaluated the self-study responses (n=11) and website information (n=17) specific to FEPAC’s Graduate Curriculum Standards to determine how …

Concerning Data Collected By The Division Of Criminal Justice In The Department Of Public Safety Concerning The Study Of Marijuana Implementation., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Out Of Touch: Shelby V. Holder And The Callous Effects Of Chief Justice Roberts’S Equal State Sovereignty, 49 J. Marshall L. Rev. 751 (2016), Adam Bolotin

UIC Law Review

No abstract provided.

Medical Decision Making For Youth In The Foster Care System, 49 J. Marshall L. Rev. 1103 (2016), Zach Strassburger

UIC Law Review

Youth in the foster care system often have no one person who is clearly authorized to make medical decisions for them. From a caseworker insisting upon a vaccine to a birth parent refusing permission for psychotropic medication, the evidence supports the argument that who makes these decisions matters for children’s rights. The Author reviewed relevant laws and policies, surveyed stakeholders to understand actual practices, then interviewed a subset of these stakeholders to get further details about who decides what care a young person receives. This Article argues that policies should be nuanced but consistent, promoting birth parent involvement and family …

Think Twice Before Posting Online: Criminalizing Threats Under 18 U.S.C. § 875(C) After Elonis, 50 J. Marshall L. Rev. 167 (2016), Georgette Geha

UIC Law Review

No abstract provided.

Portmanteau Ascendant: Post-Release Regulations And Sex Offender Recidivism Symposium Articles, J. J. Prescott

Connecticut Law Review

The purported purpose of sex offender post-release regulations (e.g., community notification and residency restrictions) is the reduction of sex offender recidivism. On their face, these laws seem well-designed and likely to be effective. A simple economic framework of offender behavior can be used to formalize these basic intuitions: in essence, post-release regulations either increase the probability of detection or increase the immediate cost of engaging in the prohibited activity (or both), and so should reduce the likelihood of criminal behavior. These laws aim to incapacitate people outside of prison. Yet, empirical researchers to date have found essentially no reliable evidence …

Juror Purgators: The Evolution Of Compurgation And Jury Nullification Notes, Josh Perldeiner

Connecticut Law Review

The ancient and medieval custom of compurgation, the clearing of one’s name by producing oath-helpers, has a long and colored past in Anglo-American law. Also known as the Wager of Law after the late-11th century and the Norman Conquest, this process made considerable concession to the knowledge and power of local communities; oath-helpers were generally peers, and were considered to know intimate details concerning the case for which they were called. This Note will show that, once compurgation had substantially vanished (whether before or after the Assize of Clarendon), the importance of locality did not simply cease, but rather carried …

Lessons And Liabilities In Litigating Solitary Confinement Symposium Essays, Keramet Reiter

Connecticut Law Review

This Essay reviews the recent deluge of legal attention solitary confinement has received in the United States, focusing in particular on three legal cases: Davis v. Ayala (a U.S. Supreme Court case), Coleman v. Taylor (a case filed and recently dismissed in a federal district court in Illinois), and Ashker v. Brown (a settled case filed in a federal district court in California). A close analysis of the reasoning in each of these cases provides a framework for examining the changing landscape of prison reform litigation in what many are heralding as a new era of reform. Together, these cases …

The New Overcrowding Symposium Essay, Jonathan Simon

Connecticut Law Review

American prisons are seriously overcrowded, perhaps more than ever in our history. Before the era of mass incarceration, prisoner advocates sought to build on progressive penological ideas about the proper standards for housing prisoners, which focused on one person to each prison cell to create a jurisprudence of overcrowding that might compel states to reduce their reliance on incarceration. The goal failed, and states adopted tough new sentencing laws that increased imprisonment. As the prison book got under way, the Supreme Court decisively rejected the one person to a cell rule in the 1981 case of Rhodes v. Chapman. This …

Learning To Counter Mass Incarceration Symposium Essays, Brett Dignam

Connecticut Law Review

Limited access to education inside American prisons imposes a devastating condition of confinement that cripples both the offender and the community. The prolonged and empty time that characterizes prison today affords little mental stimulation, productive engagement, or preparation for post-release employment. Recent research and analysis has found that education during incarceration correlates with lower rates of recidivism and increases the likelihood and quality of post-release employment. There is a pronounced racially disparate dimension to these effects that are concentrated in communities where investment by the criminal justice system is extraordinarily high. Failure to provide education and the resulting higher rates …

Parole Hearings And Victims' Rights: Implementation, Ambiguity, And Reform, Kathryne M. Young

Connecticut Law Review

Despite the increasing recognition of victims' rights, and despite the large role parole hearings play in the criminal justice system, discussion of the intersection between these two issues has been curiously sparse. Across the United States, victim participation in parole hearings is currently expanding, yet little is known about how this participation operates on the ground. This Article uses a Calfornia victims' rights initiative called "Marsy's Law" to think critically about the role that crime victims and their loved ones should play in parole hearings. I use in-depth interviews with California releasing authorities to describe the implementation of Marsy's Law …

Truth And Evidence: The Role Of Police Officer Body Cameras In Reforming Connecticut's Criminal Justice System Note, John T. Cigno

Connecticut Law Review

Unresolved animosity between the public and the police has given rise to an "Us vs. Them" mentality. This divisive mentality perpetuates itself as the public extrapolates anecdotal evidence of misconduct to justify condemnation of the law-enforcement community as a whole. In response, many within that community find themselves entrenched behind a "Blue Wall of Silence" in positions of collective self-defense, often to the detriment of their sworn duties. This animosity is a product of the public's perception that police officers seem to be able to break the law with impunity. Although that perception is rooted in an incomplete understanding of …

Legalization Of Marijuana And The Conflict With International Drug Control Treaties, Biju Panicker

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

Trial By One's Peers: The Need To Expand Japan's Lay Judge System, Harrison L.E. Owens

Washington International Law Journal

As a civil law-based country, Japan’s legal system has historically placed a strong emphasis on the formalistic application of code provisions to cases by professional judges without a jury. Within the criminal justice system, prosecutors have played a highly significant role in all cases. They exclusively make the decision to indict an alleged criminal, conduct investigation of crimes, initiate a criminal case, and they also control and supervise enforcement of a conviction. In addition, the Prosecutors Office of Japan has historically emphasized the need to obtain a high rate of convictions to maintain the Japanese public’s trust in, and high …

A Comparative Empirical Study Of Negotiation In Criminal Proceedings Between Brazil And The United States Of America, Ricardo Gueiros Bernardes Dias

University of Baltimore Journal of International Law

The present research aims to understand the law in regards to the types of negotiations performed under the law of criminal procedure and to understand how the discursive practice of lawyers can organize social practices from a comparative empirical perspective of Brazil and the United States of America. Thus, the research comparatively investigates the institutional processes for the establishment of truth before the bodies of the judicial branch in Brazil (metropolitan region of Vitória, ES-Brazil) and in the U.S. (California, San Francisco) and focuses on their differences in their criminal negotiation in the special criminal courts and the institution of …