Digital Commons Network^™

Representing The United States Government: Reconceiving The Federal Prosecutor's Role Through A Historical Lens, Scott Ingram

Notre Dame Journal of Law, Ethics & Public Policy

For nearly 100 years courts and legal scholars have held prosecutors to the “justice” standard, meaning that the prosecutor’s first duty is to ensure that justice is done. With this command, prosecutors have increased their discretion. The modern prosecutor’s power is unrivaled in the criminal justice system. Judges and defense attorneys have ceded some of their power to prosecutors. The prosecutor’s power has led a host of commentators to critique prosecutorial use of power for a variety of reasons. Rather than add to this voluminous literature by defending or critiquing prosecutorial power, this Article challenges the underlying assumption of prosecutorial …

Efficiency, Enforcement, And Punishment, Jim Staihar

Notre Dame Journal of Law, Ethics & Public Policy

The law and economics literature on punishment reveals strong reasons of efficiency to adopt an extreme enforcement policy for any type of crime as a means to promoting deterrence. Under such an extreme policy, a crime’s severity of punishment would be set extremely high, but its probability of punishment would be set extremely low by minimizing the resources devoted to enforcing the law against the crime. This sort of policy applied to a moderately serious crime, such as a simple assault, would seem strongly unreasonable all things considered. However, it is not immediately obvious why such a policy would be …

Is Miranda Good News Or Bad News For The Police: The Usefulness Of Empirical Evidence, Meghan J. Ryan

Faculty Journal Articles and Book Chapters

The U.S. Supreme Court’s landmark case of Miranda v. Arizona created a culture in which police officers regularly warn arrestees that they have a right to remain silent, that anything they say can and will be used against them in a court of law, that they have the right to an attorney, and that if they cannot afford one, an attorney will be appointed to them. These Miranda warnings have a number of possible effects. The warnings are meant to inform suspects about negative consequences associated with speaking to the police without the assistance of counsel. In this sense they …

Social Impact Bonds: A Tax-Favored Investment?, Orly Mazur

Faculty Journal Articles and Book Chapters

Social impact bonds (SIBs) have recently generated a lot of excitement nationwide as an innovative way to finance social projects. A SIB is a financing mechanism that uses private capital to fund social services, with the government only repaying investors their capital plus a potential return on investment if improved social outcomes are achieved. As such, it brings together the private, public, and non-profit sectors in a manner that unlocks an additional source of capital to fund social service providers, promotes innovation, encourages interagency cooperation, and creates more accountability. Despite these benefits, tax law likely hinders the development of SIB-funded …

Domestic Violence Asylum And The Perpetuation Of The Victimization Narrative, Natalie Nanasi

Faculty Journal Articles and Book Chapters

Pitiful. Helpless. Powerless. The words often used to describe survivors of domestic violence conjure a vivid and specific image of a woman lacking both strength and agency. These (mis)conceptions stem from the theories of “Battered Woman Syndrome” and “learned helplessness,” developed in 1979 by psychologist Lenore Walker, who hypothesized that intimate partner abuse ultimately causes a woman to resign herself to her fate and cease efforts to free herself from violence or dangerous situations.

Although widely criticized, learned helplessness has permeated the legal establishment, for example, serving as the foundation for mandatory arrest and “no drop” policies in the criminal …

Close Encounters: A Feminist Legal Theory Analysis Of The State Treatment Of Female Child Sexual Abuse Victims, Jessica Dixon Weaver

Faculty Journal Articles and Book Chapters

This article explores the way in which the law currently deals with sexual violence against female children in the home – evaluating the ways in which the state has access to the private realm of the family and the ways in which civil and criminal legal systems deal with this type of trauma to girls across a spectrum of time. Research shows that the child protection system only captures a small percentage of sexual abuse right after it happens. However, research also shows that female child sex abuse survivors appear in statistically significant numbers among other groups – drug and …

Plea Bargaining And International Criminal Justice, Jenia I. Turner

Faculty Journal Articles and Book Chapters

Over the last two decades, plea bargaining has spread beyond the countries where it originated — the United States and other common law jurisdictions — and has become a global phenomenon. Plea bargaining is spreading rapidly to civil law countries that previously viewed the practice with skepticism. And it has now arrived at international criminal courts.

While domestic plea bargaining is often limited to non-violent crimes, the international courts allow sentence negotiations for even the most heinous offenses, including genocide and crimes against humanity. Its use remains highly controversial, and debates about plea bargaining in international courts continue in court …

Terrorist Watchlists, Jeffrey D. Kahn

Faculty Journal Articles and Book Chapters

This chapter assesses the legal history and policy development of the U.S. government's system of terrorist watchlists and the institutions established to create and use them. Watchlisting is in fact an old practice given new meaning by technological change and the societal impact of the September 11, 2001, terrorist attacks. Statutes and judicial precedents from an earlier era on which the first post-9/11 watchlists were built were not made to regulate the expanded uses of the new watchlists and presented few if any constraints on their development. Civil litigation has both revealed the inner workings of terrorist watchlists and spurred …

With Jurors In Mind: An Ethnographic Study Of Prosecutors’ Narratives, Anna Offit

Faculty Journal Articles and Book Chapters

This article focuses on prosecutors’ practices of drafting, critiquing and revising opening and closing statements for trial. Based on the observation of their real-time collaborative work, it argues that prosecutors’ concerns that they might be perceived as incredible or overzealous have substantive and structural impacts on their case preparation. In the process of commenting on evidence and witnesses and developing their authorial voices, prosecutors give definition to character traits and values they view as central to their jobs.

Perceptions Of First-Generation College Students Of Color: The Road Less Traveled, Jennifer L. Jackson

UNF Graduate Theses and Dissertations

The purpose of this study was to understand the perceptions of first-generation college students of color in a predominantly White institution (PWI) who successfully completed the first two years of college. This qualitative research utilized semi-structured interviews to understand the perceptions of first-generation college students of color and how they viewed their secondary and post-secondary experiences. The conceptual framework was supported through the literature by analyzing the intersectionality of historical factors, socioeconomic status, critical race theory, and educational programs. Although these students of color faced the anxieties, confusion, and difficulties that all college students encounter when they transition to college, …

Are Firearms Causing An Increase In Gun Crimes? A Granger Causality Test Of Dallas' Street Gun Arsenal, Dustin Dean Thompson

Theses and Dissertations

From 1980 to 1992, Dallas, Texas saw an increase in both gun violence and the number of firearms. Nine firearm measures that define Dallas, Texas’ street gun arsenal along with two gun violence measures are used to test whether firearms are causing an increase in gun violence or gun violence is causing an increase in firearms. By estimating vector autoregressions and employing Granger causality tests on one firearm measure and one gun violence measure, the result is that the rising number of homicides committed with a gun are causing an increase in the total number of firearms. There is little …

Strange Confluences: Radical Feminism And Evangelical Christianity As Drivers Of Us Neo-Abolitionism, Crystal A. Jackson, Jennifer J. Reed, Barbara G. Brents

Sociology Faculty Research

No abstract provided.

Problem Gambling And Treatment In Nevada, Sarah A. St. John, Andrea Dassopoulos, Bo Bernhard

Social Health of Nevada Reports

This chapter defines problem gambling and provides a history and overview of community and state-led initiatives to address the harms associated with problem gambling. We outline research conducted in the state of Nevada in the past two decades, with both adults and teens, and with the general population and the treatment population, specifically. After presenting a demographic snapshot of the population that has received state-subsidized treatment, we discuss some common challenges they face.

The chapter provides data on treatment effectiveness as measured by improvements in the lives and wellbeing of problem gamblers and reduction of their gambling behaviors. Finally, we …

Sex Industry And Sex Workers In Nevada, Rachel T. Macfarlane, Celene Fuller, Chris Wakefield, Barbara G. Brents

Social Health of Nevada Reports

Las Vegas has long been known as the symbolic center of the commercial sex industry. Nevada is host to the only legal system of prostitution in the United States. From the early legalization of quickie divorce and marriage to the marketing of its large resorts, sexuality has been a key component of Nevada’s tourist economy. If trends continue, for good or for ill, the sex industry will be an even larger part of the economy in the future.

The sex industry refers to all legal and illegal adult businesses that sell sexual products, sexual services, sexual fantasies, and actual sexual …

Prevalence And Patterns Of Injury-Related Mortality In Nevada, Elizabeth M. Lawrence, Aiemie Pace

Social Health of Nevada Reports

Too many lives are lost to injury in the United States and in Nevada. Nearly 200,000 people in our country die each year from injuries, which is equivalent to one death every three minutes (CDC 2017b). Each of these deaths not only extinguishes a life, but also affects the friends, family, and community of the deceased. And deaths from injury are costly: researchers estimate that costs from fatal injuries exceed $200 billion (CDC 2017b).

Injury refers to damage to the body from some external force, such as from a car crash or a fall, including kinetic, chemical, electrical, thermal or …

Religion And Spirituality In Nevada, Josiah Kidwell, Michael Ian Borer

Social Health of Nevada Reports

Across the world, religion is integral to society insofar it shapes people’s thoughts, behaviors, and interactions. What exactly the term “religion” means, however, is far from clear-cut, as it continues to be a highly charged topic of discussion and debate, a subject that many hold dear and near to their hearts.

There seem to be just as many ways to define religion as there are groups and denominations that claim to hold the key to the “meaning of life” and even solve humanity’s woes. For many people, the word religion evokes shared ideas of church, gatherings, worship, prayer, music, traditions, …

Addiction And Substance Abuse In Nevada, Andrea Blin

Social Health of Nevada Reports

Substance abuse is an issue with serious health and societal consequences in Nevada and throughout the nation. In 2016, drug overdoses were responsible for approximately 64,000 deaths in the United States, surpassing motor vehicle deaths by 60 percent (National Institute on Drug Abuse, 2018). Recent attention has been focused on the spike in opioid use and its implications for public health. Nationally, deaths from opioid overdoses increased from 6.1 per 100,000 in 1999 to 19.8 per 100,000 in 2016. Nevada’s experience has mirrored national trends, with the drug overdose death rate in the state increasing from 11.5 per 100,000 in …

Race, Law & Inequality, Fifty Years After The Civil Rights Era, Frank W. Munger

Articles & Chapters

Over the last several decades, law and social science scholars have documented persistent racial inequality in the United States. This review focuses on mechanisms to explain this persistent pattern. We begin with policy making, a mechanism fundamental to all the others. We then examine one particularly important policy, the carceral state, which can be described as the most important policy response to the civil rights era. A significant body of scholarship on employment discrimination presents a site for explaining the transformation of law on the books into the law in action. Finally, we review scholarship on the persistence of segregation …

Judge Gorsuch And Johnson Resentencing (This Is Not A Joke), Leah M. Litman

Michigan Law Review Online

Jan Crawford has reported that President Donald Trump is strongly considering appointing Judge Neil Gorsuch of the United States Court of Appeals for the Tenth Circuit to the U.S. Supreme Court. I do not know Judge Gorsuch, but I do know his opinion in Prost v. Anderson, which is a rather wonky case on a somewhat technical area of federal habeas law. Prost provides an interesting insight into Judge Gorsuch’s jurisprudence. The case concerns an issue on which the courts of appeals disagree, so it provides a nice glimpse into how Judge Gorsuch might address matters that are reasonably …

Women's Imprisonment And Recidivism: An Illustrative Analysis Of Boronia Women's Pre-Release Centre (Western Australia) And Progressive/Open Prison Systems In Norway And Sweden, Cheryl M. Botello

Theses

Boronia Women’s Pre-release Centre (Boronia) is a minimum-security level correctional facility located in Perth, Western Australia. Boronia has adopted a progressive/open imprisonment approach to incarceration that is fairly unique within the Southern Hemisphere. This thesis examines Boronia as a progressive/open prison via an illustrative case study analysis and investigates if it does produce a recidivism rate that is comparative to the international progressive/open prison sector. Boronia’s facilities, policies, programs and recidivism rates, are reviewed against two international progressive/open women’s prisons - “Ravneberget” in Norway, and “Ystad” in Sweden. Scandinavian prisons were chosen, as they are known for producing some of …

Just World Beliefs, Identity Development, And Social Justice Advocacy Of Counselor Trainees, Sara Rundlett

All Master's Theses

This was the first study exploring the relationship between the belief in a just world, identity development, and social justice advocacy (SJA). A mixed methods design was conducted using a nationwide sample of ninety-seven counselor-in-training participants. Hypotheses included positive correlation between identity development and SJA, negative correlation between belief in a just world and SJA, and negative correlation between belief in a just world and identity development. Results were not significant but provided implications for future research and counselor training programs.

The Economic Justice Imperative For Transactional Law Clinics, Lynnise E. Pantin

Faculty Scholarship

The economic, political, and social volatility of the sixties and seventies, out of which clinical legal education was born, has certain mythical qualities for most law students, and perhaps some law professors. America still bears the scars of the economic policies of those previous eras, such as redlining, blockbusting, poverty and urban decay. While the realities of the era may seem out of reach for many of our students, those arising out of that era have contributed to the wealth gap in this country, which has worsened over the last twenty years. Now more than ever, society needs social justice …

A Control Theory Examination Of Reentry Programming, Seth Undrea Lewis

All ETDs from UAB

The United States has a considerable prison population. More than 90 percent of prisoners will be released back into society. Faced with an increasing number of prisoners being released each year, reentry programs have become a popular tool to ensure successful reentry back into society. Research has indicated that successful completion of a reentry program reduces the likelihood that a former prisoner will return to prison. Travis Hirschi argued that when individuals have strong bonds to society they are less likely to exhibit criminal behavior. This study uses Hirschi’s social bond theory as a basis to identify factors that influence …

Exploring Myths In Digital Forensics: Separating Science From Ritual, Gary C. Kessler, Gregory H. Carlton

Publications

Digital forensic methodology deviates significantly relative to the methods of other forensic sciences for numerous practical reasons, and it has been largely influenced by factors derived from the inception and evolution of this relatively new and rapidly changing field. Digital forensics methodology was developed more by practitioners in its early days rather than by computer scientists. This led to accepted best practices in the field that may not represent the best or, at least, tested, science. This paper explores some of these differences in the practice and evolution between digital and other forensic sciences, and recommends scientific approaches to apply …

Sex, Sexuality, Sexual Offending And The Rights Of Persons With Mental Disabilities, Michael L. Perlin, Heather Ellis Cucolo, Alison Lynch

Articles & Chapters

No abstract provided.

Thinking And Acting Both Globally And Locally : The Field School In Intercultural Education As A Model For Action-Research Training And Civic Learning., Douglas D. Perkins, Benjamin W. Fisher, Holly L. Karakos, Sharon L. Shields, Elizabeth D. Gilbert, Meaghan M. Patterson

Faculty and Staff Scholarship

We present the Field School model of intercultural civic education, service-learning, action research training, and collaboration (with local academic and community partners) based on field work in applied anthropology. Theoretical and methodological foundations of the Field School also include experiential learning and immersive pedagogy, multiculturalism and cross-cultural communication, international education and study abroad programs, collaborative international development, participatory research, and in-depth knowledge in one’s own specific discipline. The primary goals of these intensive, short-term action research projects in other, less-developed countries or regions are benefits for community partners that are as sustainable as possible and to foster and assess learning …

Efficacy Of Collaborative Consulting Training Module, Brenda Stone

Theses and Dissertations

Code for America Fellowships pair technologists with local city governments to develop digital tools that support how governments provide service to their communities. The lack of project sustainability following these Fellowships has been a source of dissatisfaction for both Fellows and clients. Code for America supports each Fellow with technical training, but provides no training on consulting techniques that help clients sustain the changes or new technology being introduced. The purpose of this action research study was to determine the efficacy of a collaborative consultation module for the Fellows at Code for America. To gather data, surveys, interviews and analysis …

Steven Avery, A Case Study: Making A Murderer Or Making An Identity, Allison Grussing

Masters Theses

Steven Avery, a Wisconsin native, has spent the majority of his adult life in prison, once for a crime he was later exonerated from, and then again for murder. The Netflix series Making a Murderer documents Avery's murder trial, and uses only first hand accounts. Ultimately, this research had two goals: one was to better understand how the series utilized framing to engage in advocacy for Avery and the second was to uncover what identity was constructed by the producers and series for Avery. With a thematic analysis approach and open and axial coding this research revealed three themes that …

Intrinsic Factors Affecting Decomposition Changes In Archaeological Head Hair From Kellis 2 Cemetery, Dakhleh Oasis, Egypt, Kathleen Cole

Electronic Theses and Dissertations

Post-mortem hair root degradation, and associated characteristics such as post-mortem root banding, brush-like ends, and hard keratin points, has remained a little understood phenomenon in the forensics discipline since its discovery in the 1800's. At present, the underlying causes of these characteristics are still unknown. In addition, there is no standardization for preparing samples for forensic or archaeological analysis. In this study, 1200 hairs from a total of 51 individuals (males, n = 22; females, n = 29) ranging in age from 16 to 60+ and interred at the Kellis 2 cemetery in the Dakhleh Oasis, Egypt are examined microscopically …

Impacts Of Workplace Violence: The Role Of Inequality, Lindsey Singer

Electronic Theses and Dissertations

In 2011 the National Crime Victimization Survey (NCVS) reported that of people who are employed and aged 16 and older, 24% of nonfatal violent incidents happened at work. To understand the magnitude of the problem, from 2005 to 2009, 572,000 nonfatal workplace crimes occurred against people aged 16 or older. Annually, the rate of workplace violence was about 5 victimizations per 1,000 employed persons aged 16 and older (Harrell 2011). The impact of crime on victims is a topic that deserves attention because it extends our understanding beyond descriptive rates of violence. Workplace victimization, like most other types of victimizations …