Digital Commons Network^™

Reducing Wasteful Incarcerations, Christopher Robertson, Jamie Cox Robertson

Faculty Scholarship

Prisons are essential to a safe and civil society. Prisons are also costly for the taxpayers whose government houses, feeds, medicates, and supervises millions of people underlock and key.This expense is compounded by errors in the u.S. legal system that produces both false guilty verdicts and overly harsh penalties. It’stime forthe united States to take a closer look at these unnecessary incarcerations. By working to release prisoners who don’t belong in prison, we can lower the costs of the prison system—not to mention restore freedom to people who are wrongly being deprived of it. unfortunately, it is difficult to identify …

Race And Reform In Twenty-First Century America: Foreword, Trina Jones, Guy-Uriel Charles, Angela Onwuachi-Willig

Faculty Scholarship

In November 2015, approximately two hundred activists, academics, and students from across the United States convened at Duke University School of Law for a conference entitled The Present and Future of Civil Rights Movements: Race and Reform in 21st Century America. Planning for the conference had commenced a year earlier, in the fall of 2014. At that time, the nation was reeling from the deaths of Rekia Boyd, Eric Garner, John Crawford III, and Michael Brown, among others. In addition to the killing of these unarmed Black men and women by law enforcement personnel, many people, particularly within the civil …

The Strangely Familiar History Of The Unitary Theory Of Perpetration, James G. Stewart

All Faculty Publications

A unitary theory of perpetration is one that does not espouse different legal standards for different forms of participating in crime. In this Article, I pay homage to Professor Damaška’s influence on my work and career by reiterating my earlier arguments for a unitary theory of perpetration in international criminal law. Whereas my earlier work defended the unitary theory in abstract terms then for international criminal law in particular, this Article looks to the history of the unitary theory in five national systems that have abandoned differentiated systems like that currently in force internationally in favor of a unitary variant. …

Structuring Pre-Plea Criminal Discovery, Daniel S. Mcconkie Jr.

Faculty Articles, Papers, and Other Scholarship

Ninety-seven percent of federal defendants plead guilty, and they rely on prosecutors for much of the information about the government’s case on which the decision to plead is based. Although federal prosecutors routinely turn over most necessary discovery to the defense, the law does not require them to turn over any discovery before the guilty plea. This can lead to innocent defendants pleading guilty and to guilty defendants pleading guilty without information that could have affected the agreed-upon sentence. This article argues that the lack of a judicially enforceable pre-plea discovery regime flouts structural protections that due process is supposed …

Perceptions Of Criminality: An Experiment On Race, Class, And Gender Stereotypes, Patricia Davis

LSU Master's Theses

The study of perceptions of criminality is significant in sociology due to its sociopolitical implications for our criminal justice system. Race, class, and gender disparities in this system influence prejudices in the American public, which in turn allows the perpetuation of inequality. Using an intersectional approach, this research seeks to interpret how race, class, and gender intersect to create and shape perceptions of criminality. Conducting an experiment on approximately 500 undergraduate students at a southern university during the Spring 2015 semester, subjects are shown a series of photographs and asked to select who, out of the individuals depicted, they believe …

Attitudes Toward Police Among College Students: Differences Among Race, Social Work Status, And University History, Lisa Marie Lewis

LSU Master's Theses

Minority populations often have more negative attitudes toward the police than their White counterparts. This study explored the differences between Black college students’ attitudes towards the police in comparison to White college students. Using a sample of 1,108 students from a traditional flagship university and a Historically Black College University, the study sought to seek out differences in attitudes toward the police based on race, social work student status, and university history. Results indicated a significant difference between Black students’ attitudes toward the police when compared with their White student counterparts. Results also indicated a significant difference in attitudes toward …

On The National White Coat “Die-In”: Colorblind Segregation, Mass Incarceration And Increasing Disparities, Cameron Moore

Quill & Scope

No abstract provided.

"I Listen To Their Story, They Listen To My Comments, And Then I Pocket My Fee:" Sherlock Holmes As Rhetorical Equipment For Living, Andrew Cessna Jones

LSU Doctoral Dissertations

This study argues that Sherlock Holmes serves as rhetorical equipment for living. Using Kenneth Burke’s theory of symbolic appeal and the critical tool proposed in the essay “Literature as Equipment for Living,” I explore how Holmes responds to the rhetorical situation of early nineteenth century England and consider why the Holmes symbol continues to appeal to audiences. I conclude that rhetoric is a necessary component of the Sherlock Holmes symbol and suggest that Holmes’s famous method is rhetorical rather than syllogistic.

The Price Of Silence: How The Griffin Roadblock And Protection Against Adverse Inference Condemn The Criminal Defendant, Kelsey Craig

Vanderbilt Law Review

In 1965, the Supreme Court held in Griffin v. California that the Fifth Amendment privilege against compelled self-incrimination prohibits judges and prosecutors from pointing to a defendant's failure to testify as substantive evidence of guilt. This doctrine assumes that such a prosecutorial or judicial "adverse comment" compels a negative inference-that the defendant is hiding something. The Griffin Court held that this assumption amounts to an unfair penalty on a defendant's invocation of a constitutionally protected right. This doctrine, however, makes a dangerous misstep in additionally assuming that the prohibition of adverse comment and the administration of limiting instructions curtail a …

Explaining Scotus Repeaters, Richard M. Re

Vanderbilt Law Review

No abstract provided.

Friends Of The Children: Strategies For Scaling Impact, Jacen Greene, Nicki Yechin Lee, Eric Nelsen

Business Faculty Publications and Presentations

Friends of the Children, a nonprofit organization in Portland, Oregon, was founded in 1993 by retired entrepreneur Duncan Campbell to serve youth at the highest risk of teen parenting, incarceration, or dropping out of school. Each youth client was matched with a paid mentor from first grade through the end of high school. The costs of this intervention were high, but the outcomes were extremely impressive in each of the three risk areas. The total benefits to society of Friends of the Children’s intervention was estimated at $7 for every $1 spent on the program.

In the United States alone, …

Fear No Evil: Making Sense Of Intersectionality And Fear Of Crime Amongst Blacks In High Crime Neighborhoods, Melinda Jackson

LSU Doctoral Dissertations

The extant literature on fear of crime has relied almost entirely upon quantitative data and was criticized as atheoretical due to its focus on the demographic characteristics associated with vulnerability. Emerging qualitative research on fear of crime has begun to overcome this limitation by drawing upon an intersectional lens, but quantitative assessments have yet to fully incorporate this theoretical development. The current study addresses this limitation by analyzing qualitative data collected through semi-structured interviews and quantitative data collected as part of a large-scale survey. The primary goal of this dissertation is to take an intersectional approach to understand the relationships …

Review Of Alaska Mental Health Statutes, Sara Gordon, Melissa Piasecki, Gil Kahn, Dawn Nielsen

Scholarly Works

This report identifies key statutory provisions that we recommend be amended, a description of our findings based on interviews with stakeholders, legislative history of the Alaska statutes, reviews of national best practices and, where applicable, information about emerging areas in national mental health law for Alaska to consider in creating new law. Our recommendations are based in large part on significant advances in law and medicine in the understanding and treatment of mental illness that have occurred in the years since Alaska last made significant and substantive reforms to its criminal and civil mental health statutes. It is important to …

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

Scholarly Works

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, …

Locked Up: Fear, Racism, Prison Economics, And The Incarceration Of Native Youth, Addie C. Rolnick

Scholarly Works

Native youth are disproportionately incarcerated, often for relatively minor offenses. One potential solution is to move more Native youth out of federal and state courts and invest in tribal juvenile justice systems. Tribal systems are assumed to be less punitive than nontribal ones, so greater tribal control should mean less incarceration. Little is known, however, about the role of incarceration in tribally run systems. This article examines available information on Native youth in tribal juvenile justice systems from 1998 to 2013. At least sixteen new secure juvenile facilities were built to house youth under tribal court jurisdiction, with federal investment …

“Law &” Meets “Law As”, Linda L. Berger

Scholarly Works

Prof. Berger reviews The Handbook of Law and Society, edited by Austin Sarat and Patrick Ewick.

The Drug Court Paradigm, Jessica M. Eaglin

Articles by Maurer Faculty

Drug courts are specialized, problem-oriented diversion programs. Qualifying offenders receive treatment and intense court-supervision from these specialized criminal courts, rather than standard incarceration. Although a body of scholarship critiques drug courts and recent sentencing reforms, few scholars explore the drug court movement’s influence on recent sentencing policies outside the context of specialized courts.

This Article explores the broader effects of the drug court movement, arguing that it created a particular paradigm that states have adopted to manage overflowing prison populations. This drug court paradigm has proved attractive to politicians and reformers alike because it facilitates sentencing reforms for low-level, nonviolent …

Policing And The Clash Of Masculinities, Ann C. Mcginley

Scholarly Works

In 2014 and 2015, the news media inundated U.S. society with reports of brutal killings by police of black men in major American cities. Unfortunately, police departments do not typically keep data on police killings of civilians. The data that exist do show, however, that at least for a five-month period in 2015, there was a disproportionate rate of police killings of unarmed black men.

There is no question that race and class play a key role in the nature of policing that occurs in poor black urban neighborhoods. However, the relationship between police officers and their victims is not …

Decriminalization, Regulation, Privatization: A Response To Professor Natapoff, Darryl K. Brown, Lauren M. Messonnier

Vanderbilt Law Review

No abstract provided.

Inmate Populations In A Disaster: A Labor Force, A Vulnerable Population, And A Hazard, Jordan Carlee Smith

LSU Master's Theses

Within the disaster literature, few studies have been devoted to the role of incarcerated populations as a source of labor within the context of emergency operations. When faced with a lack of resources, emergency management rely on inmate labor forces to prepare for and respond to hazards and disasters. In the U.S., inmates from the Louisiana State Penitentiary helped with sandbagging the facilities in preparing for the potentially flooding of the Mississippi River and Hurricane Katrina (Gaillard, 2012). The state of California has long maintained inmate firefighting forces to combat destructive wildfires statewide (Goodman, 2012). However, there has never been …

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

Scholarly Works

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 …

Applying Deception Detection To True And False Confessions: A Novel Approach To Conducting Experiments In Legal Psychology, Olivia Preston

University Honors Theses

Recent exonerations of convicted defendants by the efforts of advocates like the Innocence Project are accompanied by a concerning finding that a large proportion of defendants had falsely confessed to the alleged crime. False convictions result in due process violations and the suffering and stigma of the convicted and their families, in addition to imposing an economic burden on the community. Prior research has identified structural interrogation practices and individual characteristics that increase risk of false confessions, however knowledge on how to identify true and false confessions is minimal and undeveloped. Cues to deception in false statements may be an …

The United States’ Criminal Justice System Divided* : …On The Connection Between The Exclusionary Rule And Preserving Civil Liberties, Alexandre Pomar

University Honors Theses

The injustice by professionals within the criminal justice system gives rise to societal opinion that purports that these respective agencies lack a clear perception of their professional conduct. This invidious neglect toward societal opinion preempts the divide among law enforcement agencies--most specifically--and the United States population. The impaired perception on professional conduct the criminal justice professionals suffer from nationwide owes itself to the misuse of authority and a subsequent lack of accountability for improper actions. Over time, the dissolving of one’s civil liberties has perpetuated in accord to the deference awarded to law enforcement agencies and the courts that allow …

Oregon Youth Peer Courts: Grand Jury Style, Sierra Udland

University Honors Theses

Youth Courts are diversionary programs for first time misdemeanors committed by youth. The court is made up of the youth's peers who interact with the defendant and ultimately impose a sentence. In this study two Oregon Youth Courts are examined to discover if the program goals of restorative justice are present. The courts utilize a specific style of peer jury model, called the "Grand Jury style" because the jurors ask the questions and decide the case. Eight cases are observed with a subset of jurors surveyed about sentencing decisions. Restorative justice principles are found through both modes of data collection. …

Trans* Folks In Motion: Transgender And Gender Nonconforming Individuals' Experiences Of Transit And Transit Spaces, Jade Benner

University Honors Theses

Research on the experiences of transgender and gender nonconforming individuals is increasing, and this qualitative sociological study aims to build an understanding of trans* experiences on public transit and their experiences in the unique form of public space the confined space of the city bus and light rail train. I seek to amplify trans* voices, inform trans-inclusive transit policy, and add to conversations on how gender operates in urban and public spaces by contributing perspectives of transgender and nonbinary individuals.

An Examination Of Approaches To Domestic Violence Advocacy: Recommendation For Generalizable, Experimental Study, Melanie Stewart

University Honors Theses

Only since the 1970s has there been societal interest in establishing Domestic Violence (DV) advocacy to address the violent oppression of women. The catalyst which brought this issue to the forefront of social consciousness was the Women's Liberation Movement. The activism of the 1960s civil rights movements set the stage for the Battered Women's Movement. Feminists recognized violence as a product of patriarchal society. Patriarchy, and with it personal and institutional violence, was embedded in every aspect of society. Shifting ideological and political views have influenced the evolution of DV advocacy from the grassroots activists’ fight for equality, to the …

Rewriting History: Using Reconciliation Processes To Revise Dominant Cultural Narratives And Assessing Cultural Readiness For Reconciliation, Flannery Mack

University Honors Theses

Truth and Reconciliation processes are key to rebuilding societies damaged by broad-based, government-sanctioned violence by revising dominant cultural narratives of the violence. In Indonesia, there has been no such process following the killings of between 500,000 and 2 million suspected communists in 1965-66. This paper is an exploration of conflict transformation theory, and of what form a truth and reconciliation process might take in Indonesia following 50 years of impunity. Using Joshua Oppenheimer's 2012 and 2014 documentaries The Act of Killing and The Look of Silence as primary reference points, I use critical discourse analysis to look at how the …

Gun Control In The United States: An Analysis Of Federal And International Policies And Applications, Claire Hummer

University Honors Theses

This paper will examine past and present U.S. gun control policies to better understand the current legal state of gun control, but also to assess gun culture in a nation that was built on its Second Amendment right to bear arms. In addition to U.S. policy, international agreements and gun control policies in other countries will also be analyzed to determine if those policies would be feasible in the U.S., or if the country’s gun culture and legal precedents would simply strike down any attempt to establish more thorough regulations.

Animal Hoarding: An In Depth Look At The Issues And Interventions, Amanda Mooneyham

University Honors Theses

Animal hoarding cases in regard to 501(c)3 nonprofit agencies have been on the rise in recent decades and current intervention strategies are struggling to address this complex social problem. Animal hoarding not only affects the animals being abused, but it has adverse effects on humans and the environment. This paper examines the complexities surrounding animal hoarding, specifically focusing on the rescue hoarder mentality. The current intervention methods used are criminal prosecution, civil/regulatory enforcement, and mental health evaluations/treatments. Criminal prosecution is effective for some animal hoarders, but a lack of laws protecting animals along with animals being viewed as property translates …

Fathering Interventions For Men Who Use Intimate Partner Violence And Child Maltreatment: Perceived Benefits And Risks, Aaron L. Brown

University Honors Theses

Intervention classes for fathers that use family violence are in the very early stages of development. The purpose of this paper is to better understand how fathering interventions are minimizing risks and maximizing benefits in working to address the service and knowledge gaps toward father’s that use IPV, CM, or both IPV and CM. Initially, the service and knowledge gaps are identified as well as the perceived benefits and risks of offering fathering interventions. Then, based on the analysis, several recommendations are made for the implementation of these interventions. Following this, I describe two widely available intervention curricula, and discuss …