Digital Commons Network^™

The Continuing Peace With Justice Debate: Recent Events In Uganda And The International Criminal Court, Linda M. Keller

University of the Pacific Law Review

No abstract provided.

Grown-Up Justice Isn’T Child’S Play: The Case For A Data Driven Reassessment Of Civil Commitment For Juvenile Sex Offenders, Rosemary Deck

University of the Pacific Law Review

No abstract provided.

The Model Penal Code’S New Approach To Rape And Intoxication, Erin Price

University of the Pacific Law Review

No abstract provided.

The Progressive Programming Facility: A Rehabilitative, Cost-Effective Solution To California’S Prison Problem, Hannah Fuetsch

University of the Pacific Law Review

No abstract provided.

Reining In Internet-Age Expansion Of Exemption 7(C): Towards A Tort Law Approach For Ferreting Out Legitimate Privacy Concerns And Unwarranted Intrusions Under Foia, Clay Calvert, Austin Vining, Sebastian Zarate

UF Law Faculty Publications

Using the July 2016 federal appellate court decision in Detroit Free Press, Inc. v. U.S. Department of Justice as an analytical springboard, this article explores the expansion of Freedom of Information Act (FOIA) Exemption 7(C) in the Internet era. In Detroit Free Press, the Sixth Circuit recognized a privacy interest in mug shots under Exemption 7(C). The practical impact of the decision is to uphold the general policy of the U.S. Marshals Service not to release mug shots. This article illustrates the yawning gap between tort law, which this article argues would deny recovery for the Internet posting of …

“Loss” Revisited: A Defense Of The Centerpiece Of The Federal Economic Crime Sentencing Guideline, Frank. O. Bowman Iii

Missouri Law Review

I was, for better or worse, one of the principal architects of Section 2B1.1 in its consolidated 2001 form. Over time, I have become a pointed critic both of errors we made in 2001, and of some of the ways the Sentencing Commission has since amended Section 2B1.1. Nonetheless, I still support the basic structure of Section 2B1.1 and its central component – scaling offense seriousness in large measure based on the economic loss caused or intended by the defendant. In particular, I remain convinced that the definition of “loss” adopted in 2001 remains fundamentally sound. Recently, the Missouri Law …

“A Verdict Worthy Of Confidence”: The Weakening Of Brady’S “Materiality” Requirement In Missouri, Robert Wasserman

Missouri Law Review

In 1993, Reginald Clemons was convicted and sentenced to death for his alleged participation in the brutal rapes and murders of two sisters at the Chain of Rocks Bridge in St. Louis, Missouri. Over twenty years later, and after several unsuccessful appeals by Clemons, the Supreme Court of Missouri vacated his convictions. The court found that the prosecution had failed to disclose evidence to Clemons’s trial counsel that suggested that he may have given his confession involuntarily. The court concluded that this evidence was sufficiently important that the prosecution’s failure to disclose it undermined confidence in the trial court’s verdict

Civil Rights/Anti-Discrimination—I Didn’T Volunteer For This: A Solution For Protecting Volunteers From Discrimination In Massachusetts, Joseph D. Greenhalgh

Western New England Law Review

Many have volunteered in some way or another. Volunteers seek to help others and to improve themselves. Unfortunately, if volunteers are discriminated against due to membership in a protected class, whether actual or perceived, they have very limited protections afforded to them.

Few jurisdictions have examined what, if any, protections against discrimination should be available to volunteers. Federal circuit courts are conflicted regarding the circumstances under which volunteers should be protected pursuant to Title VII of the Civil Rights Act of 1964. A small number of states have examined whether volunteers should be protected under state public accommodation anti-discrimination statutes, …

An Empirical Assessment Of Georgia's Beyond A Reasonable Doubt Standard To Determine Intellectual Disability In Capital Cases, Lauren Sudeall Lucas

Faculty Publications By Year

In Atkins v. Virginia, the Supreme Court held that execution of people with intellectual disabilities violates the Eighth Amendment’s prohibition on cruel and unusual punishment. In doing so, the Court explicitly left to the states the question of which procedures would be used to identify such defendants as exempt from the death penalty. More than a decade before Atkins, Georgia was the first state to bar execution of people with intellectual disability. Yet, of the states that continue to impose the death penalty as a punishment for capital murder, Georgia is the only state that requires capital defendants …

Changing The Culture Of Disclosure And Forensics, Valena Beety

Articles by Maurer Faculty

This Essay responds to Professor Brandon Garrett’s Constitutional Regulation of Forensic Evidence, and, in particular, his identification of the dire need to change the culture of disclosing forensic evidence. My work on forensics is—similarly to Garrett’s—rooted in both scholarship and litigation of wrongful convictions. From this perspective, I question whether prosecutors fully disclose forensics findings and whether defense attorneys understand these findings and their impact on a client’s case. To clarify forensic findings for the entire courtroom, this Essay suggests increased pre-trial discovery and disclosure of forensic evidence and forensic experts. Forensic analysts largely work in police-governed labs; therefore, this …

Voluntariness With A Vengeance: The Coerciveness Of Police Lies In Interrogations, Amelia C. Hritz

Cornell Law Review

No abstract provided.

Let's Keep It Civil: An Evaluation Of Civil Disabilities, A Call For Reform, And Recommendations To Reduce Recidivism, Victor J. Pinedo

Cornell Law Review

No abstract provided.

Constitutional Liberty And The Progression Of Punishment, Robert J. Smith, Zoe Robinson

Cornell Law Review

No abstract provided.

The Structure Of Federal Public Defense: A Call For Independence, David E. Patton

Cornell Law Review

No abstract provided.

Prevalence And Correlates Of Cannabis Use In Outpatients With Serious Mental Illness Receiving Treatment For Alcohol Use Disorders., Jordan Skalisky, Emily Leickly, Oladunni Oluwoye, Sterling M Mcpherson, Debra Srebnik, John M Roll, Richard K Ries, Michael G Mcdonell

Articles, Abstracts, and Reports

Introduction: People with serious mental illness (SMI) use cannabis more than any other illicit drug. Cannabis use is associated with increased psychotic symptoms and is highly comorbid with alcohol use disorders (AUDs). Despite the national trend toward decriminalization, little is known about the prevalence, correlates, and impact of cannabis use on those with SMI receiving treatment for substance use disorders, a group at high risk for the negative effects of cannabis use. Methods: In this secondary data analysis, cannabis use prevalence, correlates, and impact on treatment outcomes were examined in 121 adults with cooccurring SMI and AUDs receiving outpatient addiction …

Curriculum Change 2017-2018, Portland State University

Bulletin & Curriculum Change Documents

No abstract provided.

A Swot Analysis Of Community Policing As A Reform Schema For The Egyptian National Police To Counter Violent Extremism, Daniel Waddington Waddington

Legacy Theses & Dissertations (2009 - 2024)

Like much of the Middle East and Africa, Egypt has been experiencing increasing incidents of extremist violence and terrorism in recent years. However, an effective methodology for addressing this violence has not been identified. One approach that has been promoted internationally is countering violent extremism through community policing.

Raman Spectroscopy And Chemometrics For Forensic Bloodstain Analysis : Species Differentiation, Donor Age Estimation, And Dating Of Bloodstains, Kyle C. Doty

Legacy Theses & Dissertations (2009 - 2024)

The field of forensic science is constantly growing, so the advancement of old and unreliable techniques is at the forefront of what will lead to future progress and improvement. Current methods for identification and analysis of bloodstains are underwhelming due to the insignificant amount of information provided in a destructive, unreliable, and unsafe manner. As is the purpose of this research, creating new methodologies that are rapid, nondestructive, robust, statistically reliable, and safe would significantly advance the way bloodstains are currently analyzed, while providing more useful and relevant information for investigations and criminal proceedings. Raman spectroscopy, along with advanced statistical …

Bioont : Improving Knowledge Organization And Representation In The Domain Of Biometric Authentication, Stephen Bryan Buerle

Legacy Theses & Dissertations (2009 - 2024)

This dissertation explores some of the fundamental challenges facing the information assurance community as it relates to knowledge categorization, organization and representation within the field of information security and more specifically within the domain of biometric authentication. A primary objective of this research is the development of a biometric authentication corpus and an empirically derived ontological prototype, which aids and promotes further research into the fundamental ontological structure of the field of biometric authentication. In doing so this research explores the use of automated and semi-supervised ontological engineering, corpus analysis and natural language processes techniques in the development of this …

The New Right In Europe : Supply, Demand, And Electoral Performance : A Qualitative Comparative Analysis Of New Right Parties, 2000-2016, Rachel Rappaport

Legacy Theses & Dissertations (2009 - 2024)

The New Right is the fastest growing party family in Europe. Factors contributing to its success have been grouped broadly into two types: demand-side factors and supply-side factors. Demand-side factors comprise socio-economic developments such as unemployment, public mistrust in the political establishment, and levels of immigration. Supply-side factors relate to the mechanics of the party system, the type of the electoral system, and endogenous features of parties such as ideology, leadership and organization. Demand-side factors dominate in the literature on New Right party success. This study concentrates on party ideology in order to explain the electoral credibility of the New …

Immigration And Victimization : Applications Of Criminological Concepts To The Lesser-Known Side Of The Immigration And Crime Nexus, Allen W.C.P. Wong

Legacy Theses & Dissertations (2009 - 2024)

In recent decades, scholarly interest on immigration and crime has been on the rise. This increase in interest has even recently produced an academic consensus on the structural-level relationship between immigration and crime: on average, changes in immigration levels do not disproportionately increase crime rates. However, what is less explored in the literature is the individual-level relationship between immigration and criminal victimization, and specifically, the role played by criminological variables among generations of immigrant ethnic groups and their victimization experiences.

Cops And Cells : Theorizing And Assessing The Implications Of Smartphone Surveillance For Policing, Sean Patrick Roche

Legacy Theses & Dissertations (2009 - 2024)

In the United States, police officers are empowered to use force, and are often people’s first point of contact with the criminal justice system. Significantly, in the last decade, the majority of American citizens have acquired smartphone technology, which allows them to document and broadcast police behavior on a scale never before seen. Several high-profile police use of force incidents have been captured on video, and the resulting public outcries suggest that this technology now presents exceptional challenges to the maintenance of police legitimacy. Foucault (1977) argues that power in modern society is achieved by surveillance systems that work to …

Redefining Murder : A Qualitative Exploration Of Emotion And Identity Following Loss Of A Loved One To Homicide, Kristen Lee Hourigan

Legacy Theses & Dissertations (2009 - 2024)

This dissertation research project is a qualitative exploration of emotion and identity following loss of a loved one to homicide. It answers the questions, “How do individuals who have lost loved ones to homicide understand and experience forgiveness, and how does this vary by social distance from the offender and social position (race, gender, social class, age, religion, and education)?” and “How do forgiveness processes relate to identity?” It uses a symbolic interactionist framework and draws upon several diverse literatures including identity theory and affect control theory in sociology, research on forgiveness and empathy in psychology, and concepts from restorative …

Targeting The "Absence" In A Desistance Framework : Balancing Risk And Rehabilitation In Mandated Criminal Background Check Employment Decisions, Megan Denver

Legacy Theses & Dissertations (2009 - 2024)

Recent research efforts have documented resistance from employers in hiring individuals with criminal records. In response, advocates and policymakers have implemented strategies ranging from grassroots movements that delay criminal record inquiries to federal guidance that directs decision makers to conduct “individualized assessments.” However, it is not clear precisely what information employers actually are (or should be) seeking when they conduct criminal background checks. Furthermore, there may be a catch-22: while employment might promote desistance, applicants may need to demonstrate that they do not pose an undue risk before being able to secure a job or license (Maruna 2009). Since desistance …

Factors Associated With Successful Completion Of A Transitional Living Program For Homeless And Former Foster Youth, Megan Brophy-Mclean

Legacy Theses & Dissertations (2009 - 2024)

Transitional and Independent Living programs exist to help prepare homeless, at-risk and foster youth to live independently in the community as adults at an age earlier than expected from more privileged youth. The challenges they face often result in poor outcomes such as ongoing homelessness, substance abuse problems, low levels of education, and high levels of unemployment. Because the stakes are so high for these youth, it is imperative that the programs designed to help them are able to meet their needs by having them remain in the program until they are competent to live independently. This study attempts to …

Impact Of Employment Barriers On Individuals With Criminal Records : An Econometric Evaluation Of Criminal Background Checks In New York, Garima Siwach

Legacy Theses & Dissertations (2009 - 2024)

Individuals with criminal records face significant barriers to employment, -- a concern which has become stronger in an era of widespread criminal background checks. The Equal Employment Opportunity Commission (EEOC) has recently drawn attention to the need to balance employers' concerns about the potential risk of hiring such individuals, with increasing employment opportunities for individuals with criminal records, particularly if they are low risk. Despite a large number of individuals with criminal records in the United States working age population, there has been no research to demonstrate the implications of such background checks used for employment determination. This dissertation consists …

The History Of Forensic Science In The State Of New York, Elke Hof-Kenyon

Legacy Theses & Dissertations (2009 - 2024)

This dissertation delineates the process and advancements in professionalizing the police departments and the development of forensic science in New York. Furthermore, as a preliminary and exploratory study it examines the evolution and changes of forensic science within the growth and expansion of a New York county police department. The relationship between police and forensic science was complex; for example, the impetus for the police to adopt a particular forensic methodology varied. At times, the development of forensic methodologies necessitated a further step in professionalizing the police departments. Other times, law enforcement sought new forensic inventions, or the improvement of …

State Adoptions Of Racial Profiling Laws : Exploring Functional, Social, And Political Determinants, Dean William Weld

Legacy Theses & Dissertations (2009 - 2024)

In recent decades, racial profiling has been one of the most controversial issues in American policing. Estimates using national survey data reveal that approximately 32 million Americans report being victims of racial profiling. Federal legislation to prohibit racial profiling has been repeatedly introduced in Congress, but has not yet been enacted. In the absence of federal law to prohibit profiling, many states have adopted laws to address concerns about racial profiling within their borders. These laws encompass a variety of approaches to the problem, including prohibiting profiling, collecting data on the race and ethnicity of stopped drivers, and establishing procedures …

Intangible Fish And The Gulf Of Understanding: Yates V. United States And The Court's Approach To Statutory Interpretation, John M. Garvin

Indiana Law Journal

Is a fish a tangible object? The answer in most cases is obviously “yes.” But in Yates v. United States, the Supreme Court held that fish are outside the meaning of the phrase “tangible object” as it is used in the Sarbanes–Oxley Act of 2002. This Note argues that the Yates decision provides a lens with which to examine the Court’s contemporary methods of statutory interpretation. In adopting the textualist vocabulary most famously associated with the late Justice Scalia, the Justices have committed to speaking the same language. Still, fundamental differences between the Justices remain. These differences expose the …

Fulfilling The Safe Harbor Promise: Enhancing Resources For Sexually-Exploited Youth To Create A True Victim-Centered Approach, Lauren Meads

Minnesota Journal of Law & Inequality

No abstract provided.