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Juvenile-Perpetrated Homicide And Family Disorganization, Brittany Murray

Electronic Theses and Dissertations

Juvenile-perpetrated homicide is a complicated and sensitive topic in the literature. Uncovering the potential influences on a juvenile is arguably important for recognizing the trends in juvenile behavior and the devastating consequences of some of this behavior. Family disorganization, a component to social disorganization as proposed by Elliott and Merrill (1934), explained that families with higher levels of social disorganization (as measured by factors such as poverty, welfare, and residential mobility) are expected to have higher numbers of juvenile delinquents. Using this theoretical frame, data from 1984-2006 on juvenile-perpetrated homicide in 91 of the largest cities in the United States …

Falling Behind In Pay: A Longitudinal Test Of Equity Theory Among Florida Municipal Police Agencies' Salaries, Robert Lord

Electronic Theses and Dissertations

Prior research has found equity theory explains employee responses to falling wages in relation to other comparable workers. The present research attempts to contribute to the criminal justice literature by directly testing equity theory within the policing context, something no study has done to date. Applied to policing, equity theory predicts sworn officers employed by departments with falling or inequitable salaries (i.e., their salaries fail to keep up with those at other regional agencies) will reduce their work input (i.e., discretionary arrests) and/or quit in higher numbers than before (i.e., increase attrition). The present study also attempts to quantify how …

Front Matter

SMU Law Review

No abstract provided.

What Gideon Did, Sara Mayeux

Vanderbilt Law School Faculty Publications

Many accounts of Gideon v Wainwright s legacy focus on what Gideon did not do--its doctrinal and practical limits. For constitutional theorists, Gideon imposed a preexisting national consensus upon a few "outlier" states, and therefore did not represent a dramatic doctrinal shift. For criminal procedure scholars, advocates, and journalists, Gideon has failed, in practice, to guarantee meaningful legal help for poor people charged with crimes. Drawing on original historical research, this Article instead chronicles what Gideon did-the doctrinal and institutional changes it inspired between 1963 and the early 1970s. Gideon shifted the legal profession's policy consensus on indigent defense away …

The Invisible Revolution In Plea Bargaining: Managerial Judging And Judicial Participation In Negotiations, Nancy J. King, Ronald F. Wright

Vanderbilt Law School Faculty Publications

This article, the most comprehensive study of judicial participation in plea negotiations since the 1970s, reveals a stunning array of new procedures that involve judges routinely in the settlement of criminal cases. Interviewing nearly 100 judges and attorneys in ten states, we found that what once were informal, disfavored interactions have quietly, without notice, transformed into highly structured, best practices for docket management. We learned of grant-funded, problem-solving sessions complete with risk assessments and real-time information on treatment options; multi-case conferences where other lawyers chime in; settlement courts located at the jail; settlement dockets with retired judges; full-blown felony mediation …

Instrumentalizing The Expressive: Transplanting Sentencing Circles Into The Canadian Criminal Trial, Toby S. Goldbach

Cornell Law Faculty Publications

This Article examines reforms to criminal sentencing procedures in Canada, focusing on Aboriginal healing circles, which were incorporated as "sentencing circles" into the criminal trial. Using the lens of comparative law and legal transplants, this Article recounts the period of sentencing reform in Canada in the 1990s, when scholars, practitioners, and activists inquired into Aboriginal confrontation with the criminal justice system by comparing Euro-Canadian and Aboriginal justice values and principles. As a way to bridge the gap between vastly differing worldviews and approaches to justice, judges and Aboriginal justice advocates transplanted sentencing circles into the sentencing phase of the criminal …

2016 Georgia Southern University Women's Soccer Media Guide, Georgia Southern University

Women's Soccer Records

• Women's Soccer 2016 Media Guide & Record Book

Who Is Harmed By Fantasy? A Deliberative And Charter Analysis Of Canada's Pornography Law, Emily Hansen

Dalhousie Journal of Legal Studies

This paper interrogates the breadth, necessity, and collateral effects of Canada’s child pornography law, as contained in the Criminal Code. The author argues that the inclusion of “fantasy” images in the definition of child pornography is over-inclusive, and considers that this may make the law illegitimate and discriminatory. She proposes that this over-inclusive definition arises from the conflation of a particular type of sexual desire with harm to children. The author draws loosely on deliberative democratic theory to structure her analysis of the law’s legitimacy, and uses Charter analysis to both critique the current law and suggest means of addressing …

Reconsidering Federal And State Obstacles To Human Trafficking And Entitlements Victim Status, Amanda Peters

Utah Law Review

The crime of human trafficking has received much political and mediaattention in recent years. Lawmakers and actors within the criminal justice system have yet to fully grasp the challenges human trafficking victims face in securing the rights, benefits, services, and protections reserved for this group. One of the qualities of the American criminal justice system is its ability to adapt to new challenges. Law and policy makers must understand whether and why human trafficking victims differ from victims of traditional crime and how entitlements for both groups overlap, yet differ. Without pondering the distinctions, trafficking victims will continue to find …

Meta-Mindfulness: A New Hope, Peter H. Huang

Publications

This Essay starts by tracing its humble origins to an earlier, related and unique law review article, namely, Tiger Cub Strikes Back: Memoirs of an Ex-Child Prodigy About Legal Education and Parenting. This Essay describes various professional responses to Tiger Cub Strikes Back, provides an update of some developments in research about parenting and legal education since Tiger Cub Strikes Back, and recounts a few personal stories about mindfulness and related to being an ex-child prodigy. This Essay then analyzes meta-mindfulness, defined as mindfulness about mindfulness. This Essay discusses how mindfulness about mindfulness can help facilitate the …

Values And Assumptions In Criminal Adjudication, Benjamin Levin

Publications

This Response to Andrew Manuel Crespo's Systemic Facts: Toward Institutional Awareness in Criminal Courts proceeds in two Parts. In Part I, I argue that Crespo presents a compelling case for the importance of systemic factfinding to the task of criminal court judges. If, as a range of scholars has argued, criminal courts are increasingly serving a quasi-administrative function, then shouldn’t they at least be administrating accurately? Systemic Facts provides a novel account of how — with comparatively little institutional reform — courts might begin to serve as more effective administrators. However, in Part II, I also argue that Crespo’s account …

Beyond Legality: The Legitimacy Of Executive Action In Immigration Law, Ming H. Chen

Publications

Recent uses of executive action in immigration law have triggered accusations that the President is acting imperially, like a king, or as a lawbreaker. President Obama’s Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parental Accountability (DAPA) programs, which provide protection from deportation and a work permit during a temporary period of lawful presence, serve as the lightning rod for these accusations. But even as legislative and litigation challenges to DACA proceed, many states appear to accept and comply with it, including nearly all of the states that have joined the Texas v United States lawsuit that challenges …

Consent Confusion, Aya Gruber

Publications

The slogans are ubiquitous: “Only ‘Yes’ Means ‘Yes’”; “Got Consent?”; “Consent is Hot, Assault is Not!” Clear consent is the rule, but the meaning of sexual consent is far from clear. The current state of confusion is evident in the numerous competing views about what constitutes mental agreement (grudging acceptance or eager desire?) and what comprises performative consent (passive acquiescence or an enthusiastic “yes”?). This paper seeks to clear up the consent confusion. It charts the contours of the sexual consent framework, categorizes different definitions of affirmative consent, and critically describes arguments for and against affirmative consent. Today’s widespread uncertainty …

Trust In Immigration Enforcement: State Noncooperation And Sanctuary Cities After Secure Communities, Ming H. Chen

Publications

The conventional wisdom, backed by legitimacy research, is that most people obey most of the laws, most of the time. This turns out to not be the case in a study of state-local participation in immigration law enforcement. Two enforcement programs involving the use of immigration detainers, a vehicle by which the federal government (through ICE) requests that local law enforcement agencies (LEAs) detain immigrants beyond their scheduled release upon suspicion that they are removable, demonstrate the breakdown of conventional wisdom. In the five years following initiation of the Secure Communities program, a significant and growing number of states and …

Criminal Labor Law, Benjamin Levin

Publications

This Article examines a recent rise in civil suits brought against unions under criminal statutes. By looking at the long history of criminal regulation of labor, the Article argues that these suits represent an attack on the theoretical underpinnings of post-New Deal U.S. labor law and an attempt to revive a nineteenth century conception of unions as extortionate criminal conspiracies. The Article further argues that this criminal turn is reflective of a broader contemporary preference for finding criminal solutions to social and economic problems. In a moment of political gridlock, parties seeking regulation increasingly do so via criminal statute. In …

Whistling For The Dog In Affirmative Action, Daria Roithmayr

Publications

No abstract provided.

Peer Review: Navigating Uncertainty In The United States Jury System, Anna Offit

Faculty Publications

This Article examines American prosecutors' approaches to uncertainty during voir dire. At different points during trial preparation and during jury selection itself-- lawyers draw on multiple interpretive systems to make sense of ordinary citizens. Taking Assistant United States Attorneys in a federal jurisdiction in the Northeast United States as a case study, and drawing on ethnographic research, I focus on three systems prosecutors alternately (and sometimes simultaneously) use to evaluate jurors: (1) probabilistic and evaluative analogies, (2) juror-types generated from the details of criminal cases, and (3) local knowledge stemming from prosecutors' relationships and experiences outside of the courtroom. I …

Seeking Inconsistency: Advancing Pluralism In International Criminal Sentencing, Nancy Amoury Combs

Faculty Publications

No abstract provided.

Body-Worn Cameras: Exploring The Unintentional Consequences Of Technological Advances And Ensuring A Role For Community Consultation, Kami N. Chavis

Faculty Publications

This Essay will discuss the role police body-worn cameras can play in ensuring police legitimacy by increasing transparency, deterring police and citizen misbehavior, increasing officer professionalism, providing valuable training tools, and improving evidentiary documentation when crimes occur. This Essay will also discuss the need to view body-worn cameras and similar technologies with a healthy bit of skepticism. While body-worn cameras can have a significant impact on police accountability and public safety, local officials must carefully consider camera implementation and draft clear guidelines to balance the concerns for accountability with the privacy concerns articulated below. Therefore, this Essay seeks to identify …

Professional Identity Of Student Conduct Administrators, Brian M. Glick

Graduate Research Theses & Dissertations

The functions of a Student Conduct Administrator (SCA) have existed on college campuses since the first institutions of higher education were established. Colleges and universities now employ specialized staff members to fulfill this role. The fundamentals of the position have changed only minimally over the years, but these responsibilities continue to become more complex. The question to be answered is whether or not the practice of student conduct administration constitutes a profession. If student conduct administration qualifies as a profession, SCAs hold a specific professional identity. This project provides the results of a national survey of SCAs who described how …

Adding Mental Health To The Treatment Of Mental Illness : A Qualitative Content Analysis Of The Construction Of Recovery In Psychiatric Journals, 1990-2016, Amy Ann Armstrong

Graduate Research Theses & Dissertations

During the past two and a half decades, recovery has come to dominate mental health policy and the discourse surrounding mental illness. In this thesis, I analyze how recovery from severe mental illness has been constructed within psychiatric journals between 1990 and 2016. I use data-driven qualitative content analysis to describe the discussion of recovery in articles published in the psychiatric journals Psychiatric Services, Psychiatric Rehabilitation Journal, the American Journal of Psychiatry and JAMA Psychiatry since 1990. This discussion centers on four main themes: the meaning of recovery, treatment methods used to promote recovery, the role of service providers in …

Why Does Mindfulness Reduce Aggression? : Exploring The Role Of Response Inhibition, Kristen Thompson

Graduate Research Theses & Dissertations

Mindfulness-based interventions are increasingly being used to reduce aggressive behavior; however, the mechanisms through which increases in mindfulness are associated with reductions in aggression are not well understood. Based on research suggesting that mindfulness-induced alterations to inhibitory control might be a potential mechanism for this effect, the present study evaluated whether a single, brief mindfulness induction would have immediate, state-based effects on aggressive behavior and whether, if present, such effects would be partially explained by mindfulness-induced changes to inhibitory control. A focused-breathing exercise was used to induce mindfulness in a sample of aggressive, mindfulness-naive, male undergraduates, whose performances on the …

The Effect Of #Blacklivesmatter : The Relevance Of Communities And Collective Identity, Stephanie D. Jones

Graduate Research Theses & Dissertations

In this paper I analyze the impact that the social movement #BlackLivesMatter (#BLM) has on how communities frame the issue of police brutality within protests. Protests that occurred before the #BLM movement focused on policing issues only within their own communities, while the protests that occurred after #BLM make connections from local cases to a national problem. I examine YouTube videos of protesting the police after incidents of police brutality for three different cases. The first case is the murder of Oscar Grant in Oakland, California, which was before the #BLM movement emerged. The second case was the choking of …

Examining K-8 Teachers' Perceptions Of Mandated Curriculum Change, Sarah Marie Cacciatore

Graduate Research Theses & Dissertations

The purpose of this mixed-method study was to examine elementary teacher perceptions of mandated curriculum change. In the spring and fall of 2015, Illinois elementary school teachers in a north suburban school district participated in a focus group, an online survey, and follow-up interviews to gather data about teachers' perceptions of the mandated curriculum change process in implementing the Common Core State Standards in English language arts and mathematics. The study also sought to find any differences between the perceptions of teachers in kindergarten through fifth grade classrooms and those who taught in sixth- through eighth-grade classrooms. This study was …

Incarceration Incentives In The Decarceration Era, Avlana K. Eisenberg

Vanderbilt Law Review

After forty years of skyrocketing incarceration rates, there are signs that a new "decarceration era" may be dawning; the prison population has leveled off and even slightly declined. Yet, while each branch of government has taken steps to reduce the prison population, the preceding decades of mass incarceration have empowered interest groups that contributed to the expansion of the prison industry and are now invested in its continued growth. These groups, which include public correctional officers and private prison management, resist decarceration-era policies, and they remain a substantial obstacle to reform. This Article scrutinizes the incentives of these industry stakeholders …

Hist 340: American Legal History—A Peer Review Of Teaching Project Inquiry Portfolio, Katrina Jagodinsky

UNL Faculty Course Portfolios

This inquiry portfolio measures the success of revisions made to HIST 340: American Legal History after a previous benchmark portfolio revealed a number of problems in communicating to students the importance and meaning of the course objectives, in correlating assessments to the final grade, and in documenting student learning and quality of instruction. The findings, outlined below, indicate that identifying a clear course theme; more strongly aligning readings, assessments, and discussions to course objectives; and restructuring the verbal and written analysis of readings dramatically improved students’ performance and satisfaction. Measures used include formal and informal student evaluations of instruction, formal …

Tribal Criminal Jurisdiction Beyond Citizenship And Blood, Addie C. Rolnick

American Indian Law Review

No abstract provided.

Federal Statutory Responsibility And The Mental Health Crisis Among American Indians, Abilene Slaton

American Indian Law Review

No abstract provided.

Competing Visions Of Appellate Justice For Indian Country: A United States Court Of Indian Appeals Or An American Indian Supreme Court, Eugene R. Fidell

American Indian Law Review

No abstract provided.

Healing From Historical Trauma For Persons Of African Ancestry In The United States: An African Centered Psychology Approach To Wellness, Elizabeth Burke-Maynard

Theses and Dissertations

This critical analysis of the literature explores the potential of African-centered psychology to address the sequelae of historical trauma in the 21st century persons of African ancestry in the United States. African American face significant health and wellness challenges including socioeconomic disparities, interpersonal violence, substance abuse, psycho-spiritual distress, and physical health issues. The literature questions the validity of mainstream psychological science to effectively conceptualize and treat persons of African ancestry, and calls for the identification of specific, culturally relevant interventions to increase physical and psychological wellness. The concept of historical trauma helps to explain the psycho-spiritual distress experienced by many …