Digital Commons Network^™

Police Terror And Officer Indemnification, Allyssa Villanueva

UC Law Journal of Race and Economic Justice

Police accountability has quickly pressed to the forefront of national conversations and subsequently, the national political agenda. Increasing prevalence of excessive and lethal use of force by police officers induced this attention. President Obama convened a Task Force on 21st Century Policing, after the Department of Justice conducted several pattern and practice investigation of misconduct following the high‐profile deaths of unarmed Michael Brown and Eric Garner. Their deaths both resulted in no criminal charges against responsible officers. Civil suit was the only option left for officer accountability. This Note addresses the use of 42 U.S.C. §1983 as the common civil …

What's Fear Got To Do With It?: The "Armed And Dangerous" Requirement Of Terry, Gerald S. Reamey

Marquette Law Review

Rarely has a court’s opinion, even one from the Supreme Court of the United States, so altered existing notions of constitutional criminal procedure law as did the opinion in Terry v. Ohio. On several levels, the opinion dramatically shifted the way in which the Fourth Amendment was understood. Law students who had learned about the probable cause “requirement” and the warrant “requirement” were surprised to learn, especially in the case of the former, that these “requirements” were not required at all. To continue to conceptualize the Fourth Amendment’s single sentence guarantees as consisting of a “warrant clause” and a “reasonableness” …

Serious Juvenile Offenders: The Need For A Third Sentencing Option In Wisconsin, Danielle S. Snyder

Marquette Law Review

In light of the “Slenderman” trial, it has become abundantly clear that a gap exists between the sentencing options available for “Class A” juvenile offenders and “Class B” juvenile offenders. This Comment proposes an expanded sentencing option for “Class B” serious juvenile offenders under the Juvenile Justice Code to allow those “Class B” serious juvenile offenders the benefit of extended supervision in the Serious Juvenile Offender Program as is available to “Class A” serious juvenile offenders currently. This expansion aims to alleviate the concern that certain “Class B” serious juvenile offenders must remain under original adult court jurisdiction in order …

Getting It Right: Building Effective Civilian Review Boards To Oversee Police, Udi Ofer

Seton Hall Law Review

No abstract provided.

Cross-Sectional Challenges: Gender, Race, And Six-Person Juries, Jeannine Bell, Mona Lynch

Seton Hall Law Review

No abstract provided.

Anxiously Awaiting The Future Of Restorative Justice In The United States, David R. Karp Phd, Olivia Frank B.A.

School of Leadership and Education Sciences: Faculty Scholarship

The problems of mass incarceration and other criminal justice system failures in the United States—such as racial disparities, wrongful convictions, and high recidivism rates—have reached a tipping point. For the first time in decades, coalitions of politicians on the left and right are seeking criminal justice reform. What is the place of restorative justice in these efforts? What is the depth and breadth of restorative justice implementation? How familiar is the American public with restorative justice? How successful is the restorative justice movement? In this article, we seek answers to these questions as we try to assess the future of …

Community Reentry, Mental-Health And Substance Abuse Treatment, And Stigmatization: A Qualitative Study Of Ex-Offenders, Deborah Luckey

PCOM Psychology Dissertations

This qualitative study was conducted with ex-offenders who are currently in reentry programs and professionals who have contact with them in order to explore experiences of stigmatization, as well as access and adherence to mental-health and substance abuse treatment. A better understanding of what works and does not work, from the viewpoint of individuals actively engaged in the process of reentry, is needed in order to assist them with successful reentry. A total of 11 participants were in the study; six were in the ex-offender group and five were in the professionals group. All individuals were interviewed using a semistructured …

Tscan: Stationary Lidar For Traffic And Safety Studies—Object Detection And Tracking, Andrew P. Tarko, Kartik B. Ariyur, Mario A. Romero, Vamsi K. Bandaru, Cristhian G. Lizarazo

JTRP Technical Reports

The ability to accurately measure and cost-effectively collect traffic data at road intersections is needed to improve their safety and operations. This study investigates the feasibility of using laser ranging technology (LiDAR) for this purpose. The proposed technology does not experience some of the problems of the current video-based technology but less expensive low-end sensors have limited density of points where measurements are collected that may bring new challenges. A novel LiDAR-based portable traffic scanner (TScan) is introduced in this report to detect and track various types of road users (e.g., trucks, cars, pedestrians, and bicycles). The scope of this …

Against School Suspensions, Deborah Thompson Eisenberg

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

National Association Of Social Workers Alabama Chapter Newsletter, Volume 28, No. 13, Nasw–Alabama Chapter

Esther Brown Collection

Newsletter for the NASW Alabama Chapter. Includes a recap of the organization's 2016 Advocacy Day, at which Esther Brown and Alabama death row exoneree Anthony Ray Hinton spoke.

Legitimate Justice: Using Clemency To Address Mass Incarceration, Sanjay K. Chhablani

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Justice, Reconciliation, And The Masculinist Way: What Role For Women In Truth And Reconciliation Commissions?, Penelope Andrews

Articles & Chapters

During periods of armed conflict, women and girls are frequently subjected to violence because of their gender. National governments have attempted to address this issue through transitional justice mechanisms like truth and reconciliation commissions. The record of women’s input and participation in these processes, however, is rather poor. In this article, I highlight the role of South Africa’s Truth and Reconciliation Commission (SATRC) and the opportunity the SATRC missed in failing to comprehensively confront andexamine the systemic nature of violence against women under apartheid. Many transitional justice mechanisms, the SATRC being one of the more vivid examples, have adopted a …

How The International Criminal Court Threatens Treaty Norms, Michael A. Newton

Vanderbilt Journal of Transnational Law

This Article demonstrates the disadvantages of permitting a supranational institution like the International Criminal Court (ICC) to aggrandize its authority by overriding agreements between sovereign states. The Court's constitutive power derives from a multilateral treaty designed to augment sovereign enforcement efforts rather than annul them. Treaty negotiators expressly rejected efforts to confer jurisdiction to the ICC based on its aspiration to advance universal values or a self-justifying teleological impulse to bring perpetrators to justice. Rather, its jurisdiction derives solely from the delegation by States Parties of their own sovereign prerogatives. In accordance with the ancient maxim "nemo plus iuris transfer …

Faculty Pages, The University Of Pacific, Mcgeorge School Of Law

University of the Pacific Law Review

No abstract provided.

Work And The Legal Person In Thomas More's Utopia, Andreea D. Boboc

University of the Pacific Law Review

No abstract provided.

The Influence Of Economic Ideologies On U.S. K-12 Education Policy: Testing, Markets, And Competition, Corinna M. Svarlien

Scripps Senior Theses

The Elementary and Secondary Education Act (ESEA) was first passed in 1965 and has since been reauthorized several times, including as No Child Left Behind in 2001 and the Every Student Succeeds Act of 2015. The ESEA seeks to address the needs of low-income students; however, decades of reform efforts and government reports documenting inequality have done little to close gaps in educational resources or outcomes for marginalized groups. Accountability systems based on standardized testing are seen by policymakers on the Left and Right as the best way to improve education for marginalized groups, improve students’ economic preparedness, hold schools …

“Why Can’T Run ‘Like A Girl’ Also Mean Win The Race?”: Commodity Feminism And Participatory Branding As Forms Of Self-Therapy In The Neoliberal Advertising Space, Katherine B. Marcus Reker

Scripps Senior Theses

This thesis proposes a critical study of the techniques and motives behind modern commodity feminist advertising, focusing on the appropriation of the “young girl” as a symbol of the feminist cause. This evolving trend in advertising, building upon new movements of empowerment and the recent proliferation of the online feminist space, is shifting the logics of consumption by marketing feminist ideology and activism through consumer purchasing power. By prompting consumers to believe that their purchases can make a significant change, companies are developing brand loyalty in their key marketing demographics by using the image and rhetoric of the “young girl” …

Wtf Is #Modelminoritymutiny?: Solidarity, Embodiment, And Practice In Subverting Ascribed Asian American Racial Positioning, Pamela Ng

Scripps Senior Theses

In 2014, in the wake of #BlackLivesMatter, a call to action was made for Asian Americans to actively engage with and unlearn the age old model minority myth and join the movement for racial justice. This thesis seeks to understand and complicate what it means to subvert this ideology in the way of #modelminoritymutiny. It is divided into three primary sections: first, a theoretical framework and of the model minority myth throughout time as a tool for positioning Asian Americans; second, an application of this framework into the recent Peter Liang and Akai Gurley case this past year; and third, …

W426.2 - Masters Of Liberal Arts Capstone Essays, Masters Of Liberal Arts Capstone Essays

University Archives Finding Aids

No abstract provided.

The Met Follows The World While Maintaining Peel’S Heritage, Garrett J. J. Scherba

Williams Honors College, Honors Research Projects

The London Metropolitan Police Department patrol officers do not regularly carry firearms in their routine duties. The members of the public and police each have opinions regarding this topic. The department’s history since its founding in 1829 developed strategies to engage with the public through community policing. This allows the agency to take a proactive approach to policing and implement intelligence-led policing into its daily patrol strategy. Intelligence-led policing promotes a unique relationship between the public and the police. This relationship is crucial to gaining the public confidence in the police, which allows them to not need to carry firearms …

Aggressive And Depressed: Long-Term Outcomes Of Childhood Maltreatment, Elizabeth Dotson

EWU Masters Thesis Collection

"Prior research has established a relationship between childhood maltreatment and resulting maladaptive outcomes, specifically, aggressive behaviors and depressive symptomology. The present research sought to extend the current body of literature by determining whether distinctive forms and functions of aggression are related to severity of childhood maltreatment, and whether gender plays a moderating role in this relationship, and if depression is uniquely associated with maltreatment and aggression type within an undergraduate population. Results were analyzed through a 2 x 2 between­ group factorial analysis of variance. Findings from the current study suggest that physical and psychological abuse are the strongest predictors …

Who Shouldn't Prosecute The Police, Kate Levine

Faculty Publications

The job of investigating and prosecuting police officers who commit crimes falls on local prosecutors, as it has in the wake of a number of highly public killings of unarmed African-Americans since Michael Brown died in August 2014. Although prosecutors officially represent “the people,” there is no group more closely linked to prosecutors than the officers they work with daily. This Article focuses on the undertheorized but critically important role that conflict-of-interest law plays in supporting the now-popular conclusion that local prosecutors should not handle cases against police suspects. Surprisingly, scholars have paid little attention to the policies and practices …

How We Prosecute The Police, Kate Levine

Faculty Publications

Police brutality is at the center of a growing national conversation on state power, race, and our problematic law enforcement culture. Focus on police conduct, in particular when and whether it should be criminal, is on the minds of scholars and political actors like never before. Yet this new focus has brought up a host of undertheorized questions about how the police are treated when they become the subject of criminal prosecutions.

This Article is part of a larger project wherein I examine the ways in which criminal procedure is different for the police than other suspects. Here, my focus …

Police Suspects, Kate Levine

Faculty Publications

Recent attention to police brutality has brought to the fore how police, when they become the subject of criminal investigations, are given special procedural protections not available to any other criminal suspect. Prosecutors’ special treatment of police suspects, particularly their perceived use of grand juries to exculpate accused officers, has received the lion’s share of scholarly and media attention. But police suspects also benefit from formal affirmative rights that protect them from interrogation by other officers. Police, in most jurisdictions, have a special shield against interrogation known as the Law Enforcement Officers’ Bill of Rights (LEOBORs). These statutes and negotiated …

Conviction By Prior Impeachment, Anna Roberts

Faculty Publications

Impeaching the testimony of criminal defendants through the use of their prior convictions is a practice that is triply flawed. (1) it relies on assumptions belied by data; (2) it has devastating impacts on individual trials; and (3) it contributes to many of the criminal justice system's most urgent dysfunctions. Yet critiques of the practice are often paired with resignation. Abolition is thought too ambitious because this practice is widespread, long-standing, and beloved by prosecutors. Widespread does not mean universal, however, and a careful focus on the states that have abolished this practice reveals arguments that overcame prosecutorial resistance and …

Rebellious Pedagogy And Practice, Anthony V. Alfieri

Articles

Gerald Lopez's ground breaking book, Rebellious Lawyering: One Chicano's Vision of Progressive Law Practice, introduced new critical pathways and perspectives for clinical educators to better understand and enhance their advocacy, teaching, and scholarship. Indeed, Lopez's interdisciplinary investigation of the local, sociocultural context of the lawyering process produced a marked shift in both the pedagogy and the practice of public interest law, particularly civil rights and poverty law. A quarter century after its publication, Rebellious Lawyering stands out not only for its contextual critique of lawyering theory and practice, but also for its multifaceted integration of law, cultural studies, race …

Corporate Criminal Liability For Algorithmic Price Fixing In Canada, Theodore Milosevic

Canadian Journal of Law and Technology

The use of computerized algorithms is increasingly common in the modern business environment. An algorithm can be defined as ‘‘a set of mathematical instructions or rules that, especially if given to a computer, will help to calculate an answer to a problem.” As noted in this definition, algorithms are particularly powerful tools when combined with computing power. The proliferation of computerized algorithms in business settings has occasionally led to unintended and injurious outcomes. This is perhaps most notable in relation to the algorithmic trading of securities. The 2010 ‘‘Flash Crash” of the United States (U.S.) financial markets, during which key …

Digital Evidence And The Adversarial System, Colton Fehr

Canadian Journal of Law and Technology

Scholars have observed that the adversarial system tends to provide courts with only a ‘‘small snapshot of the technological whole,” which in turn forms the record upon which broader legal pronouncements occur. As a result, they contend that legislatures should be more proactive in making rules governing complex and rapidly advancing technologies, and that courts must show deference to these rules. Other scholars retort that, in practice, legislatures often fail to update obviously flawed and outdated privacy provisions. Whether due to special interest influence, majoritarian dislike of criminal suspects, or other institutional constraints, legislative responses have been wanting. As such, …

Predictability Of Delinquency Through Psychosocial And Environmental Variables Across Three Generational Status Groups, Margaret Frances Sabia

Walden Dissertations and Doctoral Studies

Issues such as the rapid growth of the immigrant youth population and delinquency among adolescents generate public safety concerns among the U.S. population. However, delinquency intervention strategies for immigrant youth in the United States remain scant, which is problematic because these youth face acculturative challenges that increase their risk for maladaptive outcomes. This quantitative, cross-sectional study addressed a research gap regarding the differential influence of risk factors in predicting delinquency across 3 generational statuses. The theoretical framework guiding the study consisted of acculturation theory, the immigrant paradox, and differential association theory. Two research questions were evaluated using a stratified random …

Experiences And Perceptions Regarding Emergency Telephone Number Use Relative To Civic Engagement, Jacquetta Mccoy

Walden Dissertations and Doctoral Studies

Lack of engagement in public service awareness education programs, coupled with reduced funding to implement a diversion system such as 311 systems or 10-digit phone numbers, contribute to 911 misuse. Many local governments have invested in alternative systems, but research regarding community members' use of 911 or alternatives relative to civic engagement is lacking. Guided by Gordon's conceptualization of civic engagement, this phenomenological study bridged the gap in knowledge by exploring community members' civic involvement and their use of 911 between 2012 and 2015 in a county in the state of Georgia. A snowball sampling strategy was used to select …