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The Transformative Influence Of International Law And Practice On The Death Penalty In The United States, Richard Wilson

Contributions to Books

No region of the world has been more vocal and persistent in its opposition to U.S. death penalty practice than Europe, which has itself become a death penalty-free zone. The chapter will examine the actions taken by European legislative and judicial bodies against U.S. practice of the death penalty, as well as those of the other regional treaty bodies, with particular attention to the Inter-American human rights system, in which the U.S. reluctantly participates. It then will examine U.S. interactions with its treaty partners in the area of extradition, where death penalty policy is acted out in the exchanges of …

Developing A Risk Model To Target High-Risk Preventive Interventions For Sexual Assault Victimization Among Female U.S. Army Soldiers, Amy E. Street, Anthony J. Rosellini, Robert J. Ursano, Steven G. Heeringa, Eric D. Hill, John Monahan, James A. Naifeh, Maria V. Petukhova, Ben Y. Reis, Nancy A. Sampson, Paul D. Biese, Murray B. Stein, Alan M. Zaslavsky, Ronald C. Kessler

Faculty Publications

Sexual violence victimization is a significant problem among female U.S. military personnel. Preventive interventions for high-risk individuals might reduce prevalence but would require accurate targeting. We attempted to develop a targeting model for female Regular U.S. Army soldiers based on theoretically guided predictors abstracted from administrative data records. As administrative reports of sexual assault victimization are known to be incomplete, parallel machine learning models were developed to predict administratively recorded (in the population) and self-reported (in a representative survey) victimization. Capture–recapture methods were used to combine predictions across models. Key predictors included low status, crime involvement, and treated mental disorders. …

Doubling Down On Racial Discrimination: The Racially Disparate Impacts Of Crime-Based Removals, Kevin R. Johnson

Case Western Reserve Law Review

Part I of this Article considers parallel developments in the law that contribute to what can be characterized as the emergence of nothing less than a Latina/o removal system. It first considers the Supreme Court’s implicit sanctioning of race-conscious law enforcement in the United States, with the centerpiece of this symposium, Whren v. United States, perhaps the most well-known example. Second, it summarizes the trend over the last twenty years toward greatly increased cooperation between state and local law enforcement agencies and federal immigration enforcement authorities. Part I proceeds to analyze how and why an increasing number of state and …

The Wall That Aedpa Built: Revisiting The Suspension Clause Challenge To The Antiterrorism And Effective Death Penalty Act, Nathan Nasrallah

Case Western Reserve Law Review

Part I gives background on AEDPA, points out what Section 2254(d)(1) does, explains why AEDPA’s standard of review is problematic, and introduces the Suspension Clause challenge. Part II describes the writ of habeas corpus at common law and observes that there are two versions of habeas’s history, a narrow version and a functionalist version. The functionalist approach is essential to a strong attack on AEDPA. Part III introduces the age-old debate over the writ’s constitutional scope. To formulate the best Suspension Clause challenge to Section 2254(d)(1), a challenger should argue that: (1) the Suspension Clause impliedly guarantees a right, or …

Vawa 2013’S Right To Appointed Counsel In Tribal Court Proceedings—A Rising Tide That Lifts All Boats Or A Procedural Windfall For Non-Indian Defendants?, Jordon Gross

Case Western Reserve Law Review

No abstract provided.

Thin Blue Lies: How Pretextual Stops Undermine Police Legitimacy, Jonathan Blanks

Case Western Reserve Law Review

Whren v. United States clarified the Supreme Court’s support of the practice of pretextual stops—using minor traffic violations as a reason to stop a person in order to investigate suspicious activity. However, a tactic’s legality does not make it inherently ethical, just, or effective. The following essay considers the role of pretextual stops in relation to police departments’ relationship with minority communities, particularly black communities. I argue that pretextual stops are one part of a larger and deeply troubling mélange of legal fictions, intentional deception of the innocent, and perverse incentives that undermine the perceptions of legitimacy of law enforcement, …

Whren'S Flawed Assumptions Regarding Race, History, And Unconscious Bias, William M. Carter Jr.

Case Western Reserve Law Review

I want to talk very briefly about some of the flaws in Whren as a matter of constitutional history, doctrine, and social psychology. Those issues have been discussed throughout this symposium, so I will only touch upon them briefly. I will then discuss some legal developments in equal protection doctrine post-Whren. Finally, I will suggest a possible path forward. A great deal of my scholarship over the years has been in the field of the Thirteenth Amendment. I will, therefore, suggest that we can reconceptualize racially motivated, pretextual police encounters as a Thirteenth Amendment issue rather than as either a …

The Beast Of Burden In Immigration Bond Hearings, Mary Holper

Case Western Reserve Law Review

No abstract provided.

Friend Request Denied: Judicial Ethics And Social Media, Shaziah Singh

Journal of Law, Technology, & the Internet

"Social media sites such as Facebook, Twitter, and LinkedIn have revolutionized our social lives and dominate the way we communicate with each other. Whether it comes to personal or professional use, social media platforms come with a multitude of complications. What to post, whom to “friend,” whom to share information with, and what job updates to share are just some of the problems social media users face daily. These complications are only multiplied for judges. A judge’s unique position to influence makes what constitutes acceptable social media usage much more complex. With almost 1.5 billion users on Facebook and 300 …

Examining The Strain-Crime Relationship Among African American Women: An Empirical Test Of Agnew's General Strain Theory, Nathan Lowe

Theses and Dissertations--Sociology

Agnew’s (1992; 2006) general strain theory (GST) has become one of the foremost theories to explain crime in contemporary criminology. While it has undergone several empirical tests over the years, there remain many understudied aspects of the theory. The current study addresses some of these aspects by longitudinally exploring the relationship between multiple types of strain and drug and non-drug crime among a sample of African American women.

Data for this study were collected as part of a larger study on how drug use and criminality are related to health disparities, particularly HIV, and service utilization among African American drug-using …

Grandparent Support And Juvenile Delinquent Youth, Anita Marie Taboh

Walden Dissertations and Doctoral Studies

Juvenile delinquency is a social issue which has been shown to have a significant cost to society in a variety of ways which include community safety, the cost of arrest, charges, and court processes, as well as the damage done in families and to the youth through the label of juvenile delinquent or Person in Need of Supervision (PINs). One important area in treatment and discharge planning for youth designated as either juvenile delinquent or Persons in Need of Supervision is the inclusion of supports to help youth change the trajectory from these behaviors into more socially acceptable activities and …

A Phenomenological Study Of Methadone Treatment By Opiate-Dependent Individuals Ages 50-55 Years, Lamart Hightower

Walden Dissertations and Doctoral Studies

Today's methadone patients differ from those of the past due to increases in polydrug use, mental health issues, and medical needs. Patients requiring methadone treatment for their opiate addiction are now older than those who initially presented for treatment when methadone treatment first started. The number of older opiate users will continue to grow as the population continues to age. Although previous studies on opiate addiction focused on using methadone in treatment of younger adults, this study used phenomenological methodology to explore the lived experiences of opiate addicted methadone users between the ages of 50 to 55, an understudied population. …

Decoding Metacommunication Patterns From African American Single Mothers To Sons, Michael-Kamau Henderson

Walden Dissertations and Doctoral Studies

With a significant number of African American single-parent families responsible for raising a generation of male children, the focus of this qualitative case study was on exploring the African American single mother-son dyad to identify metacommunicative signals delivered from mothers to sons. This study was grounded in a theoretical framework combining attachment theory and social learning theory. The research questions focused on identifying metacommunication messages passed from mothers to sons and how metacommunication patterns influence the youth's social identity. Four single mothers with adolescent sons and 4 unrelated adult sons of single mothers participated in semistructured interviews. Data were collected …

Technology Distractions On Patrol: Giving Police Officers A Voice, Andrew David Dasher

Walden Dissertations and Doctoral Studies

Distraction while using mobile technology devices such as a cell phone or tablet computer is a common occurrence within the civilian population of the United States. U.S. police officers are increasingly utilizing these types of devices within the patrol environment. However, little is known as to how distraction affects police officers while they interact with these devices in the course of their daily duties. The purpose of this qualitative study was to explore how officers process potential officer safety issues on patrol, while interacting with mobile technology, by questioning participants' perception of distraction. This was accomplished through a phenomenological paradigm …

An Ethnographic Study Of Traumatic Brain Injury Survivors Returning To Work, Bruce Santy

Walden Dissertations and Doctoral Studies

People who suffer a traumatic brain injury (TBI) experience challenges in returning to work differently and at a rate that surpasses the return to work transition for people who experience other types of disabling injuries. In part, this challenge is a result of a lack of policy structure that promotes the successful return to work transition. The purpose of this ethnographic study was to explore the policy implications of the return to work transition for TBI survivors, address the gap in the literature, and identify key factors that contribute to the success of return-to-work programs in Washington State. A hybrid …

Graphological Analysis: A Potential Psychodiagnostic Investigative Method For Deception Detection, Michelle R. Doscher

Walden Dissertations and Doctoral Studies

False confessions and unproductive criminal investigations have resulted in misidentification of verbal and nonverbal deceptive cues. Further, the association of deceptive behavioral responses has not been confirmed based upon quantifiable graphological discrepancies. Guided by the 4-factor model for deceptive behavior, the purpose of this study was to explore the relationship between psycholinguistic cues and graphological spacing discrepancies. Handwriting samples were gathered from a stratified group of college students and law enforcement officers in rural Illinois and Tennessee (n = 113). The research was designed to determine whether graphological spacing discrepancies were evident in left margin indentions, word spacing, and sentence …

Factors That Cause Repeated Referral To The Disciplinary Alternative Education Program, Koury A. Avery

Walden Dissertations and Doctoral Studies

Students are referred to alternative schools such as the Disciplinary Alternative Education Program (DAEP) for violations against the student code of conduct. Students who are referred and attend DAEPs are more likely to make failing grades and drop out of school permanently. However, a lack of understanding existed about why some students repeatedly receive referrals to the DAEP.The purpose of this case study was to gain an understanding about why some students are repeatedly being sent to the DAEP in a school district in north central Texas. The conceptual framework was based on Catalano and Hawkins' social development theory which …

How Tenure In Higher Education Relates To Faculty Productivity And Retention, Cindy Kay Manjounes

Walden Dissertations and Doctoral Studies

Some public university systems are considering abolishing tenure as a cost-saving mechanism, but little is known about how this change may impact organizational outcomes related to faculty retention and research productivity. Using Almendarez' human capital theory, the purpose of this concurrent mixed methods study was to explore how tenure relates to faculty retention and productivity at a convenience sample of public universities in mid-western states. Qualitative questions focused on faculty perceptions of factors that affected retention and productivity. Quantitative data from the Integrated Postsecondary Education Data System and publicly available information from institutions was used to explore questions about relationships …

Traffic Enforcement, Policing, And Crime Rates, Marc Weiss Weiss

Walden Dissertations and Doctoral Studies

Law enforcement agencies believe that traffic enforcement, in addition to reducing fatalities associated with automobile collisions, may also reduce the incidence of public order crimes. The academic literature, though, has largely failed to address this phenomenon. The purpose of this correlational study was to use Kelling and Wilson's broken windows theory to evaluate whether a statistically significant relationship exists between traffic enforcement rates and public order crimes in South Carolina. Secondary data from 5 counties were acquired from the South Carolina Department of Public Safety and the South Carolina Law Enforcement Division for the time period 2008 through 2012. Statistically …

Policemoms: Perceptions Of Motherhood And Policy In Ohio Police Organizations, Lacy Kristine Ellis

Walden Dissertations and Doctoral Studies

Police organizations have a problem retaining female police officers, especially those who are mothers. Women leave the policing profession at higher rates during childbearing and child-rearing years than during any other time in their career. Using feminist theory as a foundation, the purpose of this phenomenological study was to gain a deeper understanding of the lived experiences of policewomen who are mothers and identify factors that contribute to poor retention rates during childbearing and child-rearing years. Data were collected through 11 interviews with policewomen, who were also mothers, in Ohio. These data were analyzed using Saldana's 2-cycle coding procedure followed …

Criminal Justice College Instructors' Experiences, Perceptions, And Teaching Strategies Related To Undergraduate Plagiarism, Mark William Bond

Walden Dissertations and Doctoral Studies

The criminal justice program in a community college located in the southwestern United States had experienced an increase in student plagiarism. However, the current teaching practices of criminal justice instructors to prevent and manage the increased student plagiarism have not been effective. The purpose of this study was to explore criminal justice college instructors' experiences, perceptions, and teaching strategies related to undergraduate student plagiarism using Goleman's emotional intelligence theory and Daloz's mentoring theory. Employing a qualitative instrumental case study design, data were collected through semistructured interviews with 10 criminal justice college instructors. Member checking and reflective journaling ensured accuracy and …

Female Police Officers' Perceptions And Experiences With Marginalization: A Phenomenological Study, Dr. Arlether Ann Wilson

Walden Dissertations and Doctoral Studies

There is a lack of female police officer representation in police departments nationwide. Women's position, or lack thereof, in law enforcement is a topic of discussion in many police literature reviews. However, there were minimal studies detailing female police officers' personal experiences in the law enforcement profession. The purpose of this phenomenological study was to describe and understand the perceptions and lived experiences of female police officers, as well as the impact those experiences had on their careers. Female participants from 3 police departments formed the purposive sample that included 8 full-time female police officers. The feminist theory helped to …

Domestic Violence Intervention Program Facilitators' Motivation For Working With Repeat Offenders, Elaine Marie Barclay

Walden Dissertations and Doctoral Studies

Domestic violence (DV) rehabilitative program facilitators administer the same treatment programs to males who reoffend. When DV facilitators administer the same unsuccessful treatment programs to repeat offenders, facilitators may lose intrinsic and extrinsic motivation to perform their job. For this study a hermeneutic phenomenological methodology approach was used to explore the phenomenon of DV facilitators' motivation. Self-determination theory was used to frame the influence of intrinsic and extrinsic motivation on DV facilitators who administer treatment programs to repeat offending males. A recruitment flyer was placed in the DV organization, data were collected from 7 participants through face-to-face or telephone interviews …

Exploring Barriers To Fathers' Implementation Of Behavioral Interventions For Nonverbal Children With Autism, Michael Lafasakis

Walden Dissertations and Doctoral Studies

Many families, regardless of their ethnic and cultural background, find it challenging to raise a nonverbal child with autism. Parent-implemented behavioral interventions can contribute to positive behavior change related to joint attention, imitation, and communication. However, many parents face barriers that prevent them from implementing behavioral interventions in the home. Very little research has been conducted on fathers of nonverbal children with autism to ascertain their perspectives on these barriers. In this qualitative study, a phenomenological design was used to obtain input from 12 fathers of diverse ethnic and cultural backgrounds residing in New York City regarding barriers to implementing …

The Economic Impact Of Deficient Anti-Money Laundering Program To A Multinational Bank, Emmanuel Hayble-Gomes

Walden Dissertations and Doctoral Studies

Money laundering is a financial crime that threatens the stability of a country's financial sector. The purpose of this qualitative case study was to explore the strategies that compliance officers used to improve the AML program in a multinational bank in the northeastern United States. The target population was purposefully selected using bank compliance officers because they have experience with the strategies to improve the AML program. The normative neo-institutional theory framed the discussion of this study. Data were collected from interviews with 10 AML compliance officers and the achieved data. The Krippendorff method of content analysis was used to …

Policy Review And Development Guide: Lesbian, Gay, Bisexual, Transgender, Questioning, And Intersex Persons In Custodial Settings, 3rd Ed., Brenda V. Smith, Jaime M. Yarussi

Research Reports & White Papers

The Project on Addressing Prison Rape (the Project) at American University’s Washington College of Law (WCL) has had a cooperative agreement with the National Institute of Corrections (NIC) to provide training and technical assistance to high-level correctional decisionmakers on key issues in preventing and addressing staff sexual misconduct since 1999. In 2003, with the enactment of the Prison Rape Elimination Act (PREA), the Project’s focus shifted to addressing prison rape—both staff sexual misconduct and inmateon- inmate sexual abuse. Beginning in 2006, Smith Consulting began a collaborative effort with the Project and NIC to focus efforts on providing technical assistance to …

The Truth Might Set You Free: How The Michael Morton Act Could Fundamentally Change Texas Criminal Discovery, Or Not, Gerald S. Reamey

Faculty Articles

Michael Morton spent twenty-five years in a Texas prison for the murder of his wife, a crime he always denied committing. Following investigation aimed at proving that he was innocent, blatant prosecutorial misconduct came to light. Potentially exculpatory evidence had been hidden by the District Attorney in the case, allowing the actual killer to remain free to kill another victim before finally confessing to his crime. The attention this case attracted brought to light the stingy and discretionary discovery options available to criminal defendants in Texas, who were relegated to hoping that prosecutors would allow access to information in their …

What’S Fear Got To Do With It?: The “Armed And Dangerous” Requirement Of Terry, Gerald S. Reamey

Faculty Articles

Reason to believe a person may be involved in criminal activity is not necessarily also reason to believe that person is armed and dangerous. "Stop and frisk," therefore, more accurately should be thought of as "stop and maybe frisk." But courts have conflated or ignored these two distinctive kinds of suspicion, inviting police officers to frisk automatically during an investigative detention, a practice that ignores the reasonableness requirement of the Fourth Amendment and subjects suspects to the indignity and intrusion of a search unsupported by any level of suspicion. This article explores some of the ways in which this undermining …

Does The Death Penalty Require Death Row? The Harm Of Legislative Silence, Marah Stith Mcleod

Journal Articles

This Article addresses the substantive question, "Does the death penalty require death row?" and the procedural question, "Who should decide? In most capital punishment states, prisoners sentenced to death are held, because of their sentences alone, in far harsher conditions of confinement than other prisoners. Often, this means solitary confinement for the years and even decades until their executions. Despite a growing amount of media attention to the use of solitary confinement, most scholars and courts have continued to assume that the isolation of death-sentenced prisoners on death row is an inevitable administrative aspect of capital punishment. To the extent …

Reentering Survivors: Invisible At The Intersection Of The Criminal Legal System And The Domestic Violence Movement, Courtney K. Cross

Articles

Like all returning citizens, women coming home after incarceration face significant challenges to successful reentry. In addition to the collateral consequences of their criminal convictions, reentering women also encounter uniquely gendered obstacles. This Article explores one such obstacle: the relationship between women's reentry and domestic violence. Women on probation or parole who are also experiencing domestic violence too often fall into a blind spot in which the structure of community supervision pressures them to remain in unsafe homes and also punishes them when the abuse they endure interferes with their ability to comply with the conditions of their release. Because …