Digital Commons Network^™

Shared Spaces, Shared Learning: University/Corrections Partnerships That Transform Thinking, Deborah Smith Arthur, Amy Spring

University Studies Faculty Publications and Presentations

By partnering with correctional facilities, institutions of higher education are well positioned to create shared learning communities that provide profound educational experiences. Portland State University offers several courses involving university/corrections partnerships; these courses meet inside carceral institutions. This article highlights three of these courses and the shared learning spaces they involve. We address the negotiating of these partnerships, development of the courses, and the creation, maintenance and outcomes of these complex learning environments.

Fmri And Lie Detection, Anthony D. Wagner, Richard J. Bonnie, Bj Casey, Andre Davis, David L. Faigman, Morris B. Hoffman, Owen D. Jones, Read Montague, Stephen J. Morse, Marcus E. Raichle, Jennifer A. Richeson, Elizabeth S. Scott, Laurence Steinberg, Kim Taylor-Thompson, Gideon Yaffe

Faculty Scholarship

Some studies have reported the ability to detect lies, with a high degree of accuracy, by analyzing brain data acquired using functional magnetic resonance imaging (fMRI). But is this new technology ready for its day in court?

This consensus knowledge brief from the MacArthur Foundation Research Network on Law and Neuroscience takes a closer look at the potential and pitfalls of fMRI lie detection techniques, providing insight into the areas of the brain involved in lying, the impact of memory on deception, how countermeasures may foil our efforts to detect lies, and factors that can create cause for concern about …

#Sayhername Captured: Using Video To Challenge Law Enforcement Violence Against Women, Amber Baylor

Faculty Scholarship

Kianga Mweba’s cellphone camera blurs into darkness broken by flashes of lights surrounding her car. From the audio of her cellphone recording, one can hear Kianga Mweba scream as she is pulled out of the car and tased. Mweba, arrested as she filmed the police detaining a man on the street, was charged with attempted assault on an officer. After recovering footage from her phone, her defense attorney produced the video as evidence against the criminal charges. Now the recording is a key piece of evidence in a lawsuit against the department. Mweba’s experience, captured by her cellphone camera, rallied …

A Federal Certificate Of Rehabilitation Program: Providing Federal Ex-Offenders More Opportunity For Successful Reentry, Lisa A. Rich

Faculty Scholarship

The purpose of this Article is to propose a new federal certificate of rehabilitation program. The creation of such a program not only would help the thousands of federal offenders released back into their communities every year overcome employment barriers but would also serve as a model for states to use in addressing the need of their own burgeoning population of former offenders. In order to understand the magnitude of the problem, it is essential to understand the pool of offenders affected by their criminal history, the intent of the federal agencies to assist this disadvantaged group, and the barriers …

A Preference For Freedom: Kantian Implications For An Incompatibilist Will And Practical Accountability, Maggie Miller

CMC Senior Theses

This thesis aims to provide a coherent account of free will and practical grounds to prefer it. Its goal is to develop a pragmatic understanding of agency by which to hold individuals morally accountable. The paper begins with a critique of P.F. Strawson, whose seminal paper “Freedom and Resentment” bypasses the question of free will altogether in its claims about morality. Subsequently, it proceeds to a defense of incompatibilism that traces an argument through the existing literature. From this position, it claims that neither Strawson nor traditional compatibilists can provide an account of morality that is reliable or well enough …

Relationships Within The Family Tree: Roots Of Recidivism, Madison Gebhard

CMC Senior Theses

This paper seeks to examine the correlation between family relations and habitual criminal activity. Building on previous research analyzing the power and influence of positive family environments on criminal behavior, I studied the effect of parent-child relationships as determinants of adult recidivism. My results corresponded with previous studies and implied a direct correlation between positive relationships and recidivism reduction. Furthermore, my findings support the research illustrating the effect of a person's family criminal history, level of education, and socioeconomic status on criminal behavior, which may ultimately have an effect on these influential ties between parents and children.

The Political Implications Of Felon Disenfranchisement Laws In The United States, Katharine G. Connaughton

CMC Senior Theses

This empirical study analyzes the political implications for presidential election outcomes that stem from varying felon disenfranchisement laws within the United States. In the past decade incarceration rates have drastically increased, consequently augmenting the disenfranchised population. This paper focuses on presidential election outcomes and state political party majorities in the election years 2000, 2004, 2008, and 2012. I use demographic characteristics to calibrate assumptions for voter turnout and political party choice among the disenfranchised populations within each state. I then apply these voting populations to historical election outcomes and find that three state political party outcomes change, as well as …

Playing Fair With Imprisonment, Richard Dagger

Political Science Faculty Publications

This chapter rests on two assumptions, at least one of which is controversial. The first is that something is wrong when a society imprisons as many people as the United States now does. According to a widely published columnist, George Will, the rate of imprisonment was about 100 per 100,000 Americans until the 1970s. Since then the rate has shot up, to the point where "700 per 100,000" are now in prison; "America," Will reported in 2013, "has nearly 5 percent of the world's population but almost 25 percent of its prisoners." It is possible, of course, that these figures …

The Ethical Identity Of Sexual Assault Lawyers, Elaine Craig

Articles, Book Chapters, & Popular Press

Despite progressive law reforms, sexual assault complainants continue to experience the criminal justice response to the violations that they have suffered as unsatisfactory, if not traumatic. One emerging response to this dilemma involves greater consideration of the ethical boundaries imposed on lawyers that practice sexual assault law. What is the relationship between a criminal lawyer’s ethical duties and the reforms to the law of sexual assault in Canada? How do lawyers themselves understand the ethical limits imposed on their conduct of a sexual assault case? How do lawyers that practice in this area of law comprehend their role in the …

Permitting Voluntary Euthanasia And Assisted Suicide: Law Reform Pathways For Common Law Jurisdictions, Jocelyn Downie

Articles, Book Chapters, & Popular Press

End of life law and policy reform is the subject of much discussion around the world. This paper explores the pathways to permissive legal regimes that have been tried in various common law jurisdictions. These include legislation, prosecutorial charging guidelines, court challenges, jury nullification, the exercise of prosecutorial discretion in the absence of offence-specific charging guidelines, and the exercise of judicial discretion in sentencing. In this paper, I describe these pathways as taken (or attempted) in five common law jurisdictions (USA, UK, Australia, New Zealand, and Canada) and reflect briefly on lessons that can be drawn from the recent experiences …

Beyond Deportation: Understanding Immigration Prosecutorial Discretion And United States V. Texas, Shoba S. Wadhia

Faculty Scholarship

In this article, I place the Supreme Court case of United States v. Texas into a broader context by describing the history and legal authority for prosecutorial discretion in immigration law and highlighting the contents and recommendations in my book, Beyond Deportation: The Role of Prosecutorial Discretion in Immigration Cases. Part I of this article offers a primer on the role of prosecutorial discretion in immigration law and also describes two related programs announced by President Obama on November 20, 2014 and the subject of litigation for nearly two years as of this writing. Part II provides a history …

The Ethical Identity Of Sexual Assault Lawyers, Elaine Craig

Articles, Book Chapters, & Popular Press

Despite progressive law reforms, sexual assault complainants continue to experience the criminal justice response to the violations that they have suffered as unsatisfactory, if not traumatic. One emerging response to this dilemma involves greater consideration of the ethical boundaries imposed on lawyers that practice sexual assault law. What is the relationship between a criminal lawyer’s ethical duties and the reforms to the law of sexual assault in Canada? How do lawyers themselves understand the ethical limits imposed on their conduct of a sexual assault case? How do lawyers that practice in this area of law comprehend their role in the …

The Inhospitable Court, Elaine Craig

Articles, Book Chapters, & Popular Press

Who speaks and with what authority, who is believed, what evidence is introduced, and how it is presented, is informed not only by the substantive law and the rules of evidence but also by the rituals of the trial. It is from this legal process as a whole that a judge or jury determines the (legal) ‘truth’ about a woman’s allegation of rape. A sexual assault complainant’s capacity to be believed in court, to share in the production of meaning about an incidence of what she alleges was unwanted sexual contact, requires her to play a part in certain rituals …

Custom's Method And Process: Lessons From Humanitarian Law, Monica Hakimi

Faculty Scholarship

A central question in the literature on customary international law (CIL) goes to method: what is the proper method for “finding” CIL – that is, for determining that particular norms qualify as CIL? The traditional method is to identify a widespread state practice, plus evidence that states believe that the practice reflects the law (opinio juris). That method has long been criticized as incoherent, unworkable, and out of touch with modern sensibilities. Thus, much of the CIL literature addresses its perceived problems. The principal goals of this literature are to help resolve whether norms that are claimed to …

Testing Racial Profiling: Empirical Assessment Of Disparate Treatment By Police, Sonja B. Starr

Articles

In this Article, I explore why measuring disparate-treatment discrimination by police is so difficult, and consider the ways that researchers' existing tools can make headway on these challenges and the ways they fall short. Lab experiments have provided useful information about implicit racial bias, but they cannot directly tell us how these biases actually affect real-world behavior. Meanwhile, for observational researchers, there are various hurdles, but the hardest one to overcome is generally the absence of data on the citizen conduct that at least partially shapes policing decisions. Most crime, and certainly most noncriminal "suspicious" or probable-cause-generating behavior, goes unreported …

The Just-Barely-Sustainable California Prisoners' Rights Ecosystem, Margo Schlanger

Articles

Over the past two decades, the United States has seen a marked decline in the frequency and depth of court interventions in prisons and jails. Prisoners’ rights litigation has not disappeared—but it has been drastically curtailed by the 1996 Prison Litigation Reform Act (PLRA), along with myriad other forces, doctrinal and political. The PLRA, enacted as part of the Newt Gingrich “Contract with America,” undermined prisoners’ ability to bring, settle, and win lawsuits. (Schlanger 2003; Schlanger 2006)

The resulting impact on jail and prison litigation has been extremely substantial. Significant prisoners’ rights cases certainly remain on court dockets, and new …

Learning To Counter Mass Incarceration, Brett Dignam

Faculty Scholarship

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 …

Stops And Stares: Street Stops, Surveillance, And Race In The New Policing, Jeffrey Fagan, Anthony A. Braga, Rod K. Brunson, April Pattavina

Fordham Urban Law Journal

No abstract provided.

The Psychotherapist-Patient Privilege In Prison Litigation: How Can You Claim "Garden Variety" Emotional Distress When The Flowers Are Made Out Of Steel, Michael D'Ambrosio

Fordham Urban Law Journal

No abstract provided.

The Place Of Flourishing Families, Nestor M. Davidson, Clare Huntington

Fordham Urban Law Journal

No abstract provided.

A Guidebook To Thesis And Non-Thesis Options Of The Masters Program In Sociology 2016-2017, Department Of Sociology And Rural Studies

Sociology Guidebooks

This guide is designed to help Master's students in the Department of Sociology and Rural Studies succeed in meeting program requirements. As a guide it does not replace the Graduate School Bulletin requirements. The guide also spells out in detail the responsibilities of a graduate student in the Department of Rural Sociology and provides information on forms, timelines, exams, and policies.

He Jiahong, Back From The Dead: Wrongful Convictions And Criminal Justice In China, Stanley B. Lubman

Hong Yen Chang Center for Chinese Legal Studies

1In 1987, Teng Xingshan was sentenced to death for raping a woman and dismembering her body; wrongfully convicted, he was executed in 1989 – but in 1992 the “victim” returned home, and Teng was exonerated in 2005. His case is only one among numerous other tragic wrongful convictions discussed in Back From the Dead: Wrongful Convictions and Criminal Justice in China, by Professor He Jiahong (Renmin University Law School, Beijing). This book, the product of ten years of research, is a scholarly analysis of wrongful convictions that demonstrates deep system-wide flaws in China’s criminal justice system.

Mexico City's Citizen Comptroller Program, Patricio Martinez Llompart

Center for the Advancement of Public Integrity (Inactive)

Since 1997, Mexico City has had an autonomous, elected government responsible for meeting the needs of nearly nine million metropolitan citizens. Controlling corruption has been a key public priority. In 2004, the city government passed the Citizen Participation Act (Ley de Participación Ciudadana), which established a landmark program to enlist citizen volunteers directly in the day-to-day work of procurement oversight.

These trained volunteers, called “citizen comptrollers,” act as ground-level watchdogs to observe and evaluate public contracting processes. The “bottom up” approach to municipal anti-corruption control pioneered by the Citizen Comptrollers program can serve as an innovative model for cities and …

Profile In Public Integrity: David Harper, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

David Harper was appointed as the Inspector General of Albuquerque, New Mexico, this past April. Prior to becoming Inspector General, Harper served for over three decades in the Air Force Office of Special Investigations (AFOSI), conducting and overseeing financial investigations resulting in recoveries of over one billion dollars. Most recently, he served as AFOSI’s Chief of Economic Crimes Investigations. In that capacity, he directed staff support to the more than 200 AFOSI field and regional offices and oversaw over 500 financial crime investigations. Harper previously served as Special Agent-in-Charge of the AFOSI regional office in Boston, Massachusetts. He holds a …

Fighting "Small Town" Corruption: How To Obtain Accountability, Oversight, And Transparency, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Small municipalities have been the subject of numerous corruption scandals. Bell, California and Crystal City, Texas are just two of many small cities to have made their way into the national spotlight after suffering at the hands of seriously corrupt leadership.1 While news headlines often focus on issues of corruption within state or federal governments, the effects of corruption within local municipalities is equally problematic. First, there are many thousands of small cities and towns in the United States, depending on one’s definition. And these governments receive and spend billions of dollars in public funds. For obvious reasons, however, small …

Douglas County Youth Impact Challenges Evaluation Report, Emily Wright, Ryan E. Spohn

Reports

Douglas County Youth Impact! is a practice model designed to prevent “crossover” youth from moving further into the child welfare or juvenile justice systems. The target population for this initiative is youth that meet the following criteria: 1) the youth must have been referred to the County Attorney’s office for: a) a status offense, or b) a law violation; and 2) the youth has a child welfare case which is: a) open, b) closed within the last 12 months, c) voluntary, or d) court-involved.

Operation Youth Success: Developmental Evaluation Final Report, Jennifer Miller, Ryan E. Spohn

Reports

In the summer of 2014, a subset of leaders and stakeholders in Douglas County initiated a collective impact project to reform the county’s juvenile justice system. Since the first meeting of that group, a number of additional stakeholders have been incorporated into this initiative, which is now known as “Operation Youth Success.” Operation Youth Success, or OYS, has been engaged since that time in an effort to create system change producing a more effective, efficient, and compassionate justice system that better serves the families and youth who are the users of this system. This report will review the activities and …

Impact Of Brief Intervention Services On Drug-Using Truant Youths' Self-Reported Delinquency And Arrest Charges: A Longitudinal Study, Richard Dembo, James Schmeidler, Jennifer Wareham, Rhissa Briones-Robinson, Ken C. Winters, Rocio Ungaro

Criminology Faculty Publications

The issue of delinquency among truant youths is insufficiently documented in the literature. There is a need to elucidate this issue, and assess the efficacy of interventions to reduce this problem behavior. The present National Institute on Drug Abuse (NIDA)-funded study addressed this gap by examining the impact of a Brief Intervention (BI), originally designed to address youth substance use, on their delinquent behavior over an 18-month follow-up period (for self-reported delinquency) and a 24-month follow-up period (for official record delinquency). A number of significant BI intervention effects with sizable effect sizes were found, as well as a number of …

Miranda 2.0, Tonja Jacobi

Faculty Articles

Fifty years after Miranda v. Arizona, significant numbers of innocent suspects are falsely confessing to crimes while subject to police custodial interrogation. Critics on the left and right have proposed reforms to Miranda, but few such proposals are appropriately targeted to the problem of false confessions. Using rigorous psychological evidence of the causes of false confessions, this Article analyzes the range of proposals and develops a realistic set of reforms — Miranda 2.0 — which is directed specifically at this foundational challenge to the justice system. Miranda 2.0 is long overdue; it should require: warning suspects how long they …

Evidence Laundering In A Post-Herring World, Kay L. Levine, Jenia I. Turner, Ronald F. Wright

Faculty Articles

The Supreme Court’s decision in Herring v. United States authorizes police to defeat the Fourth Amendment’s protections through a process we call evidence laundering. Evidence laundering occurs when one police officer makes a constitutional mistake when gathering evidence and then passes that evidence along to a second officer, who develops it further and then delivers it to prosecutors for use in a criminal case. The original constitutional taint disappears in the wash.

Courts have allowed evidence laundering in a variety of contexts, from cases involving flawed databases to cases stemming from faulty judgments and communication lapses in law enforcement teams. …