Digital Commons Network^™

Actual Innocence And Wrongful Convictions, Brandon L. Garrett

Faculty Scholarship

In response to wrongful convictions, there has been a revolution in criminal procedure and in research in law and science. Scholars have increasingly studied the characteristics of known wrongful conviction cases and they have conducted interdisciplinary research designed to assess potential changes to procedures used in criminal cases. Scientific bodies have made important recommendations based on this research, and in response, a wide range of jurisdictions have adopted noteworthy changes designed to safeguard crucial types of evidence, such as confession, forensic, and eyewitness evidence, during police investigations and at trial. As a result, both law and science have come together …

Opposing International Justice: Kenya’S Integrated Backlash Strategy Against The Icc, Laurence R. Helfer, Anne E. Showalter

Faculty Scholarship

The government of Kenya has employed a wide range of strategies to undermine the recently-dismissed prosecutions of President Uhuru Kenyatta and Deputy President William Ruto before the International Criminal Court (ICC). This Article argues that these strategies are part of an integrated backlash campaign against the ICC, one that encompasses seemingly unrelated actions in multiple global, regional and national venues. We identify three overarching themes that connect these diverse measures— politicizing complementarity, regionalizing political opposition, and pairing instances of cooperation and condemnation to diffuse accusations of impunity. By linking its discrete acts of opposition to these three themes, the government …

Aggressive Encounters & White Fragility: Deconstructing The Trope Of The Angry Black Woman, Trina Jones, Kimberly Jade Norwood

Faculty Scholarship

Black women in the United States are the frequent targets of bias-filled interactions in which aggressors: (1) denigrate Black women; and (2) blame those women who elect to challenge the aggressor’s acts and the bias that fuels them. This Article seeks to raise awareness of these “aggressive encounters” and to challenge a prevailing narrative about Black women and anger. It examines the myriad circumstances (both professional and social) in which aggressive encounters occur and the ways in which these encounters expose gender and racial hierarchies. It then explores how the intersectional nature of Black women’s identities triggers a particularized stereotype …

The Fragile Promise Of Open-File Discovery, Ben Grunwald

Faculty Scholarship

Under traditional rules of criminal discovery, defendants are entitled to little prosecutorial evidence and are thus forced to negotiate plea agreements and prepare for trial in the dark. In an effort to expand defendants’ discovery rights, a number of states have recently enacted “open-file” statutes, which require the government to share the fruits of its investigation with the defense. Legal scholars have widely supported these reforms, claiming that they level the playing field and promote judicial efficiency by decreasing trials and speeding up guilty pleas. But these predictions are based largely on intuition and anecdotal data without extended theoretical analysis …

Convicting The Innocent Redux, Brandon L. Garrett

Faculty Scholarship

No abstract provided.

2016-17 Strategic Plan Progress Report, University Of Northern Iowa

Institutional Effectiveness & Planning Documents

A report detailing the progress on the strategic goals within the University of Northern Iowa's strategic plan.

Lawful Gun Carriers (Police And Armed Citizens): License, Escalation And Race, Nicholas J. Johnson

Faculty Scholarship

No abstract provided.

The American Death Penalty Decline, Brandon L. Garrett, Alexander Jakubow, Ankur Desai

Journal of Criminal Law and Criminology

American death sentences have both declined and become concentrated in a small group of counties. In his dissenting opinion in Glossip v. Gross in 2014, Justice Stephen Breyer highlighted how from 2004 to 2006, “just 29 counties (fewer than 1% of counties in the country) accounted for approximately half of all death sentences imposed nationwide.” That decline has become more dramatic. In 2015, fifty-one defendants were sentenced to death in thirty-eight counties. In 2016, thirty-one defendants were sentenced to death in twenty-eight counties. In the mid-1990s, by way of contrast, over 300 people were sentenced to death in as many …

From Grace To Grids: Rethinking Due Process Protection For Parole, Kimberly Thomas, Paul Reingold

Journal of Criminal Law and Criminology

Current due process law gives little protection to prisoners at the point of parole, even though the parole decision, like sentencing, determines whether or not a person will serve more time or will go free. The doctrine regarding parole, which developed mostly in the late 1970s, was based on a judicial understanding of parole as an experimental, subjective, and largely standardless art—rooted in assessing the individual “character” of the potential parolee.

In this Article we examine the foundations of the doctrine, and conclude that the due process inquiry at the point of parole should take into account the stark changes …

A Culture That Is Hard To Defend: Extralegal Factors In Federal Death Penalty Cases, Jon B. Gould, Kenneth S. Leon

Journal of Criminal Law and Criminology

Empirical research has exposed a troubling pattern of capital punishment in the United States, with extralegal factors such as race, class, and gender strongly correlated with the probability of a death sentence. Capital sentencing also shows significant geographic disparities, although existing research tends to be more descriptive than explanatory. This study offers an alternative conception of local legal culture to explain place-based variation in the outcomes of federal capital trials, accounting for the level of attorney time and expert resources granted by the federal courts to defend against a death sentence. Using frequentist and Bayesian methods—supplemented with expert interviews—we empirically …

Immigrant Families Behind Bars: Technology Setting Them Free, Jennifer Blasco

Vanderbilt Journal of Entertainment & Technology Law

In July of 2015, Judge Dolly Gee from the US District Court for the Central District of California ordered that all immigrant women and children currently detained in a federal family detention facility be released immediately. She described the conditions of these detention centers as "deplorable" and stated that detention of these women and children directly violated the 1997 Flores Agreement. However, the practice of immigrant family detention remains alive and well in this country. Why? This Note provides an answer to this question and proposes a cost-effective and more efficient solution to the problem: electronic monitoring.

Reforming Military Justice: An Analysis Of The Military Justice Act Of 2016, David A. Schlueter

St. Mary's Law Journal

The Uniform Code of Military Justice (UCMJ), 10 USC §§ 801-946, is the statutory template for the United States' military justice system. The UCMJ addresses topics such as court-martial jurisdiction, and pretrial, trial, and appellate procedures. It also includes punitive articles which proscribe, not only common law offenses, but also offenses unique to the military. Congress made significant changes to the UCMJ in the Military Justice Act of 2016. The legislation not only amended a significant number of existing articles, but also added many new articles. In addition, Congress completely reorganized the punitive articles. In this article, Professor Schlueter addresses …

Improvement And Development Of Analytical Forensic Methods: Arson Investigation And Drug Detection In Fingerprints And Hair, Sarah Anne Glenn

Electronic Theses and Dissertations

Forensic science is the cornerstone of criminal investigations. Due to the overexposure of forensic science in the media, the true nature of forensic science is often overlooked. Forensic science is a rigorous exacting science that applies methods developed in the wider scientific community to the analysis of evidence collected from crime scenes. As far back as the 6th century people were using forensics to solve crimes. Since then the science behind forensic science has increased exponentially with new methods being researched and developed. This research aims to address two of the larger subsections of forensic science, arson and drug detection. …

Do Numbers Matter? Comparing Single Homicide Followed By Suicide And Multiple Homicide Followed By Suicide Using The National Violent Death Reporting System, 2003-2012, Courtney Blondino

Theses and Dissertations--Public Health (M.P.H. & Dr.P.H.)

Introduction

Homicide-followed-by-suicide or homicide-suicides were examined to understand the dynamics of acting outwardly and inwardly violent in a single incident. The purpose of this study was to identify if specific circumstances had an association with the number of victims per homicidesuicide incident. This study addresses an important public health issue by encouraging an accurate viewpoint of homicide-suicide in order to properly program prevention efforts.

Methods

Using the restricted access data (RAD) from 17 National Violent Death Reporting System (NVDRS) states, we characterized 1904 homicide-suicide incidents through qualitative and quantitative analysis based on victim and suspect demographic information, method of injury, …

Hepatitis C Screening And Treatment Of Prisoners: Analysis Of Policy And Practice In Kentucky, Charity Faith Kranz

Theses and Dissertations--Public Health (M.P.H. & Dr.P.H.)

INTRODUCTION

The United States and the Commonwealth of Kentucky are currently overwhelmed by a triad of complex epidemics—incarceration, opioid overdose deaths secondary to substance use disorders, and hepatitis C. Research has suggested hepatitis C screening and treatment of prisoners may be a cost-effective strategy to address the hepatitis C epidemic. Since Kentucky has been particularly impacted by these interrelated health threats, further exploration of hepatitis C in Kentucky prison populations and their potential role in addressing these epidemics is warranted.

Primary Objective

The main goal of this research was to examine hepatitis C screening and treatment policy and practice within …

Reply To Professor Bowman’S “Loss” Revisited, Daniel S. Guarnera

Missouri Law Review

Based on Professor Bowman’s response article, “Loss” Revisited: A Defense of the Centerpiece of the Federal Economic Crime Sentencing Guideline, I am gratified to find that he and I share much common ground. In fact, I believe our respective positions are closer in many ways than his article suggests. I will use this Response primarily to clarify what I see as the key areas of disagreement about the proper role of loss – and, particularly, intended loss – in the economic crime Guidelines. I will then offer a few brief comments about possible directions for reform

Ringing The Bell: The Right To Counsel And The Interest Convergence Dilemma, Lahny R. Silva

Missouri Law Review

I tell my law students that we are gladiators. We slay injustices while protecting liberty. We battle other gladiators, incapacitate violent criminals, and watch over those without a voice. When the people ring the bell signaling the need to restructure the functions of institutions and practices, lawyers enter the arena ready for combat. In America, the inimitable skills of counsel are constitutionally recognized and celebrated. The Framers considered the right to counsel so critical to the republic that it is enshrined in the text of the Sixth Amendment. Whether majorities of the Supreme Court have held this right in such …

Instilling Hope: Suggested Legislative Reform For Missouri Regarding Juvenile Sentencing Pursuant To Supreme Court Decisions In Miller And Montgomery, Brooke Wheelwright

Missouri Law Review

Missouri recently passed Senate Bill 590 (“SB 590”) in response to these decisions. However, inadequate time, research, and consideration were given to the passage of SB 590, in part because it was rushed through the legislature near the end of the legislative session. As a result, the bill has many shortcomings that must be fixed; this is the primary focus of this Note. Part II of this Note examines the necessary context and background of a handful of Supreme Court decisions pertaining to this issue. Part III discusses the language and likely impact of SB 590. Part III analyzes the …

Guest Editorial, Tessy Treesa Jose Dr

Manipal Journal of Nursing and Health Sciences

No abstract provided.

How Both The Eu And The U.S. Are "Stricter" Than Each Other For The Privacy Of Government Requests For Information, Peter Swire Swire, Debrae Kennedy-Mayo

Emory Law Journal

Law enforcement access to personal data presents a paradox at the heart of debates between the European Union (EU) and the United States (U.S.) about privacy protections. On the one hand, the comprehensive privacy regime in the EU contains many requirements that do not apply in the United States. On the other hand, the United States also sets requirements that do not exist in the EU. Thus, both are stricter in important ways when setting standards for law enforcement access to personal data. The fact that both sides are stricter in significant respects is important to two distinct topics: how …

Keynote Address: The Emerging Law Of 21st Century War, Harold Hongju Koh

Emory Law Journal

What exactly is the emerging law of the twenty-first century war? That question breaks into three, which organize this lecture. First, what basic rules govern these twenty-first century tools? Second, what principles of law are emerging in particular areas of modern armed conflict, namely, interrogation, detention, special operations, drones, robots, cyber war, and private security contractors? Third, how are these emerging law of war principles implicated by the great crisis of today, Syria, which raises such intertwined issues as mass migration, humanitarian intervention (or Responsibility to Protect), and the crime of aggression?

Inherently Governmental: A Legal Argument For Ending Private Federal Prisons And Detention Centers, Fiona O'Carroll

Emory Law Journal

Under the Federal Activities Inventory Reform (FAIR) Act of 1998, the federal government¿s ¿inherently governmental functions¿ must be performed by government actors, while its ¿commercial activities¿ may be performed by private contractors. This statute has important implications for the legality of privately operated federal prisons and immigration detention centers. If operating prisons and detention centers is an inherently governmental function within the meaning of the FAIR Act, then these facilities cannot be operated by private contractors. This Comment provides a comprehensive legal analysis of whether the operation of prison and detention facilities is an inherently governmental function.

Examples From D4l Alums, Arden Kirkland

Design for Learning: 21st Century Online Teaching and Learning Skills for Library Workers

No abstract provided.

Examples Id Plans From D4l Alums, Arden Kirkland

Design for Learning: 21st Century Online Teaching and Learning Skills for Library Workers

No abstract provided.

Reflections On Motion Picture Evidence, Brian L. Frye

Law Faculty Scholarly Articles

Courts have long admitted motion pictures as evidence. But until recently, making motion pictures was expensive and cumbersome. Today, making motion pictures is cheap and easy. And as a result, people make so many of them. As Cocteau predicted, the democratization of motion pictures has enabled people to create new forms of motion picture art. But it has also enabled people to create new forms of motion picture evidence. This article offers a brief history of motion picture evidence in the United States, and reflects on the use of motion picture evidence by the Supreme Court.

Diversity: How Is Aall Doing?, James M. Donovan

Law Faculty Scholarly Articles

This paper describes the possible approaches to encouraging diversity within the workplace that are available to all professional organizations, including the American Association of Law Libraries [AALL]. Part I reviews the basic terms: discrimination, bias, and diversity. Reasons for pursuing diversity in the workplace are discussed in Part II. Two instrumental justifications and one intrinsic rationale reveal the range of motivations behind these projects. Each rationale supports its characteristic form of diversity: reflective, substantive, and cognitive. Because the kind of diversity determines the anticipated outcome, disagreement over progress may be the result of expecting different kinds of diversity. Clarity on …

Security Inequalities In North America: Reassessing Regional Security Complex Theory, Richard J. Kilroy Jr, Abelardo Rodriguez Sumano, Todd Hataley

Journal of Strategic Security

This article re-evaluates earlier work done by the authors on Regional Security Complex Theory (RSCT) in North America, using sectoral analysis initially developed by Buzan and Waever, but also adding the variables of institutions, identity, and interests. These variables are assessed qualitatively in the contemporary context on how they currently impress upon the process of securitization within sectoral relations between Canada, Mexico, and the United States. The article reviews the movement from bilateral security relations between these states to the development of a trilateral response to regional security challenges post- 9/11. It further addresses the present period and what appears …

Ugh…Statistics! College Students’ Attitudes And Perceptions Toward Statistics, Drew A. Doyle

Honors Undergraduate Theses

Statistics is a course that is required for a majority of undergraduate college students in a wide variety of majors. It is not just required for Statistics or Mathematics majors, but also for those undergraduate college students majoring in Biology, Engineering, Sociology, and countless other majors. It can often be seen as a daunting course, especially for those who feel that mathematics is not their strongest subject. Students begin to dislike the course before even starting and this can carry on throughout the entirety of the course. This thesis will focus primarily on students’ perceptions and attitudes toward their statistics …

Politics And The Application Of Law: Crime Construction And Police Power, Komysha Hassan

Honors Undergraduate Theses

The shooting death of Michael Brown in June of 2014 by police in Ferguson, Missouri triggered massive public protests across the United States, calling attention to a wave of similar incidents thereafter, where unarmed black men have been killed at the hands of officers in a wide range of locales. The recent coverage has revealed the extent and dispersion of aggressive and, in many cases, fatal interactions between law enforcement and the public, particularly minorities. Actions by the Department of Justice and other state and local agencies have consistently focused on individual agencies and/or agents, as the cause of the …

Probation Officer Productivity: Using The Effort-Reward Imbalance Model, Brandon Presley

Electronic Theses and Dissertations

The purpose of this study is to determine the extent to which workplace efforts and rewards are associated with probation officer stress, overcommitment, health, and productivity. This research uses the effort-reward imbalance model, which is an indicator of job stress, on a group of criminal justice probation officers. The probation officers completed questionnaires regarding their perceptions of health, perceived reward, perceived effort, perceptions of overcommitment, and perceived productivity. Afterward, the responses were collected, and analyses were conducted using correlation and multiple regression to determine the extent to which perceptions of effort, reward, and overcommitment effect probation officer productivity and health. …