Digital Commons Network^™

Intimate Partner Violence-Related Hospitalizations In Appalachia And The Non- Appalachian United States, Danielle M. Davidov, Stephen M. Davis, Motao Zhu, Tracie O. Afifi, Melissa Kimber, Abby L. Goldstein, Nicole Pitre, Kelly K. Gurka, Carol Stocks

Faculty & Staff Scholarship

The highly rural region of Appalachia faces considerable socioeconomic disadvantage and health disparities that are recognized risk factors for intimate partner violence (IPV). The objective of this study was to estimate the rate of IPV-related hospitalizations in Appalachia and the non-Appalachian United States for 2007–2011 and compare hospitalizations in each region by clinical and sociodemographic factors. Data on IPV-related hospitalizations were extracted from the State Inpatient Databases, which are part of the Healthcare Cost and Utilization Project. Hospitalization day, year, in-hospital mortality, length of stay, average and total hospital charges, sex, age, payer, urban-rural location, income, diagnoses and procedures were …

Plea Bargaining, Jenia I. Turner

Faculty Journal Articles and Book Chapters

This report on plea bargaining was written for the "Academy for Justice," a collaborative research project whose goal is "to inspire and guide reform in the federal and state systems, and to fortify these efforts with the research and analysis of top academic experts."

Plea bargaining dominates the criminal process in the United States today, yet it remains highly controversial. Supporters defend it on the grounds that it expedites cases, reduces processing costs, and helps authorities obtain cooperation from defendants. But critics contend that it can generate arbitrary sentencing disparities, obscure the true facts, and even lead innocent defendants to …

The Unreasonable Rise Of Reasonable Suspicion: Terrorist Watchlists And Terry V. Ohio, Jeffrey D. Kahn

Faculty Journal Articles and Book Chapters

Terry v. Ohio's “reasonable suspicion” test was created in the context of domestic law enforcement, but it did not remain there. This Essay examines the effect of transplanting this test into a new context: the world of terrorist watchlists. In this new context, reasonable suspicion is the standard used to authorize the infringement on liberty that often results from being watchlisted. But nothing else from the case that created that standard remains the same. The government official changes from a local police officer to an anonymous member of the intelligence community. The purpose changes from crime prevention to counterterrorism. …

Constructing Recidivism Risk, Jessica M. Eaglin

Articles by Maurer Faculty

Courts increasingly use actuarial meaning statistically derived information about a defendant's likelihood of engaging in criminal behavior in the future at sentencing. This Article examines how developers construct the tools that predict recidivism risk. It exposes the numerous choices that developers make during tool construction with serious consequences to sentencing law and policy. These design decisions require normative judgments concerning accuracy, equality, and the purpose of punishment. Whether and how to address these concerns reflects societal values about the administration of criminal justice more broadly. Currently, developers make these choices in the absence of law, even as they face distinct …

Consumer Credit In America: Past, Present, And Future, Pamela Foohey, Jim Hawkins, Creola Johnson, Nathalie Martin

Articles by Maurer Faculty

In September 2016, in conjunction with Law & Contemporary Problems at Duke University School of Law, we organized a symposium on Consumer Credit in America. We sought to assess the state of consumer credit in America — to review and examine its recent history, to consider arguments for and against regulation, and to discuss the potential for future innovation. This is the introduction to the volume of articles coming out of that symposium.

An Aggravating Adolescence: An Analysis Of Juvenile Convictions As Statutory Aggravators In Capital Cases, Lesley A. O'Neill

Georgia Law Review

In death penalty cases there is a requirement that
certain statutory aggravators must be present in order to
reach a death verdict. One such statutory aggravator in
most states is the defendant having previously committed
a felony, which can include crimes committed as a
juvenile. While the Supreme Court ruled in 2005 that
sentencing a defendant to death for crimes they committed
as a juvenile is unconstitutional, many states' death
penalty statutes allow for the possibility that the sole
aggravator relied on for a verdict of death is a previous
juvenile conviction. This Note argues that based on the
Court's …

Keynote Address, Erwin Chemerinsky

Georgia Law Review

Michael Brown, Eric Garner, Walter Scott, Laquan McDonald,
Freddy Gray. So many others like them, who died as a result of
police abuses. It is, of course, why we are here today. We are also
here, as we have discussed throughout the day, to discuss the day
to day violations of constitutional rights by police that are endemic
across the country.
It is important to remember this is not new. Almost fifty years
ago, the National Commission on Civil Disorders, often called the
Kerner Commission, released its report, and discussed how almost
every major riot that occurred in a city …

The Problematic Prosecution Of An Asian American Police Officer: Notes From A Participant In People V. Peter Liang, Gabriel J. Chin

Georgia Law Review

Peter Liang is a former New York City Police Officer convicted
of accidentally killing a twenty-eight-year-old African-American
man, Akai Gurley in the stairwell of a Brooklyn housing project.
On the evening of Thursday, November 20, 2014, Mr. Liang was a
rookie officer, 11 months out of the police academy. He and his
partner Shaun Landau, also a rookie, were on patrol in the Louis
Pink Houses, a public housing project built by Robert Moses in
East New York, Brooklyn. They were pulling, a mandatory
overtime shift ordered because of recent shootings in the Pink

Houses. This was only their second …

Youth-Police Encounters On Chicago's South Side: Acknowledging The Realities, Craig Futterman, Chaclyn Hunt, Jamie Kalven

Georgia Law Review

We write from Chicago, a city in upheaval following revelations
about the police shooting of seventeen-year-old Laquan McDonald.
In a matter of days, public debate about patterns of police abuse
and impunity, a discourse extending back to the 1960s and beyond,
has undergone a Copernican revolution. A set of propositions about
the nature of the problem, fiercely resisted for decades by public
and private interests, has been embraced by officials and the
media as axiomatic.
Perhaps the most striking expression of this sea change was the
speech Mayor Rahm Emanuel gave to the Chicago City Council on
December 9, 2015. …

The Grand Jury: A Shield Of A Different Sort, R. M. Cassidy, Julian A. Cook Iii

Georgia Law Review

According to the Washington Post, 991 people were shot to
death by police officers in the United States during calendar year
2015, and 957 people were fatally shot in 2016. A
disproportionate percentage of the citizens killed in these police-
civilian encounters were black. Events in Ferguson, Missouri;
Chicago, Illinois; Charlotte, North Carolina; Baton Rouge,
Louisiana; and Staten Island, New York-to name but a few
affected cities-have now exposed deep distrust between
communities of color and law enforcement. Greater transparency
is necessary to begin to heal this culture of distrust and to inform
the debate going forward about police practices …

Disparate Impact In Big Data Policing, Andrew D. Selbst

Georgia Law Review

Data-driven decision systems are taking over. No
institution in society seems immune from the
enthusiasm that automated decision-making generates,
including-and perhaps especially-the police. Police
departments are increasingly deploying data mining
techniques to predict, prevent, and investigate crime.
But all data mining systems have the potential for
adverse impacts on vulnerable communities, and
predictive policing is no different. Determining
individuals' threat levels by reference to commercial
and social data can improperly link dark skin to higher
threat levels or to greater suspicion of having
committed a particularcrime. Crime mapping based
on historical data can lead to more arrests for nuisance
crimes …

"G" Is More Than "Pc" For Georgia: Why Prospective Adoption Of Aba Model Rule 8.4(G) Is A Viable Measure To Combat Discrimination And Harassment, Katie M. Wroten

Georgia Law Review

In August 2016, the American Bar Association
passed Model Rule 8.4(g) into its Model Rules of
Professional Conduct. The rule declares it misconduct
for a lawyer to harass or discriminate based on race,
sex, religion, national origin, ethnicity, disability, age,
sexual orientation, gender identity, marital status or
socioeconomic status. The scope of the rule extends to
lawyers' conduct outside of the courtroom, including
conduct related to the practice of law. The rule aims to
eliminate bias in the profession and justice system.
The Supreme Court of Georgia has yet to adopt any
version of Model Rule 8.4(g) in its comment …

Learning Is Not A Spectator Sport: Incorporating Active Learning Into High Risk Business Courses, Ashley Brooke Tasker

Graduate Theses, Dissertations, and Problem Reports (ETD)

This quantitative study examined courses that have incorporated active learning, including peer mentoring, into courses with high rates of Ds, Fs, and withdrawals, to determine if these techniques increase student success, measured by overall course grades. The study also focused on analyzing factors, such as gender, socioeconomic status, and ACT composite scores to see if there were statistically significant differences among those and student success. The intent is to contribute and build on to the current active learning research which lacks in the quantitative, non-laboratory courses such as business. The results indicated that there is a significant difference in success …

The Economic Benefits Of Portable Instrumentation On The Criminal Justice System: A Comprehensive Return-On-Investment Analysis, Korina Menking-Hoggatt

Graduate Theses, Dissertations, and Problem Reports (ETD)

Prosecuting crime is an expensive endeavor. This thesis compiles data from a variety of sources to show that, in 2015, the average cost of prosecuting a seized-drug case in the United States was about {dollar}26,000. Of that amount, crime laboratories only cost about {dollar}275 per seized-drug case, or less than ~1% of the total cost of prosecuting a drug case. We show that the criminal justice system could save millions of dollars per year by strategically investing in portable chemical instrumentation and conducting seized-drug confirmatory analyses at the scene of the crime, or at booking, instead of in the laboratory. …

Annual Report, Fiscal Year 2017, Tennessee. Department Of Correction

Annual Reports

This document is the annual report for the Tennessee Department of Correction during the fiscal year.

Fingerprints And Miscarriages Of Justice: "Other" Types Of Error And A Post-Conviction Right To Database Searching, Simon A. Cole, Barry Scheck

Articles

The article examines the role of fingerprint evidence in wrongful convictions and exonerations, focusing on errors beyond erroneous individualizations, such as missed exclusions and inconclusive results. It introduces a framework for categorizing fingerprint errors and advocates for increased access to post-conviction Automated Fingerprint Identification System (AFIS) searches to reduce miscarriages of justice. The authors argue that while DNA database searching is widely recognized as a tool for exonerations, fingerprint database searching remains underutilized despite its potential to uncover innocence. They propose expanding legal access to fingerprint evidence to align with the principles of truth, justice, and science.

Perpetual Evolution: A School's-Focused Public Law Litigation Model For Our Day, James S. Liebman

Faculty Scholarship

In celebrating the monumental accomplishments of the new form of public law litigation that Constance Baker Motley and her colleagues pioneered, this Essay reinterprets their paradigm-shifting body of work in a manner that obliges the current generation of civil rights advocates to change direction. In the hopes of reengaging the affirmative force of constitutional litigation after decades in which it has waned, this Essay argues that the central lesson to be derived from Motley’s generation lies not in the mode of public law litigation it pioneered but in the design of that litigation in the image of the dominant form …

The Intersection Of Race, Gender And The School To Prison Pipeline: A Case Study On The Impact Of Exclusionary Discipline On African American Girls, Karen Nicole Wallace

Walden Dissertations and Doctoral Studies

Exclusionary discipline in school contributes to gender and racial disproportionality in the juvenile justice system and marginalizes African American girls. Using the social justice and rational choice theories as the foundation, the purpose of this case study was to explore the relationship between the criminalization of behavior in schools, racial bias, and gender stereotypes contribute to the overrepresentation of the school to prison pipeline in Virginia. The central research question focused on the relationship between the criminalization of behavior in schools, racial bias, and gender stereotypes on the overrepresentation of African American girls in the school to prison pipeline. Employing …

Men's Sexual Coerciveness, Perceptions Of Women's Attachment, And Dating Preferences, Lucie Holmgreen, Debra L. Oswald

Psychology Faculty Research and Publications

This study examined whether sexually coercive men are uniquely drawn to certain attachment styles in women. Specifically, it employed an experimental design to investigate what sorts of inferences men draw about women based on women's attachment styles and whether a woman's attachment style may serve as an indicator of vulnerability, rendering sexually coercive men more attracted to some women than to others. One-hundred thirty-six college men completed a measure of sexual coerciveness and answered questions about personal ads experimentally manipulated for portrayed attachment style. Findings suggest that sexually coercive men may be more attracted to women with characteristics associated with …

Domestic Minor Sex Trafficking And Social Work Practice, Stephanie E. Chester

Walden Dissertations and Doctoral Studies

Domestic minor sex trafficking (DMST) is a social problem affecting children between the ages of 12 and 17 years old. The issues related to DMST present challenges for social work practitioners because they often lack knowledge regarding how to identify and provide specialized services to this population. The purpose of the qualitative study was to collect and analyze data to develop an understanding of how social workers in the northeastern region of the United States identified challenges and thereby improved their practice skills when intervening with this vulnerable population. An epistemological paradigm, with a constructivist perspective employing Nguyen's systems theory, …

Child Neglect, Child Physical Abuse, And Relationships Among 12-Year-Old Girls, Corrine Dale

Walden Dissertations and Doctoral Studies

Child maltreatment, including physical abuse, neglect, emotional, and sexual abuse is a continuing social problem in the United States, resulting in a number of children who experience challenges with family and peer relationships in adolescence. Child neglect is one of the most common forms of abuse however, it is less likely to be investigated or substantiated than is physical abuse. Female child maltreatment in particular results in possible problems for victims with family and peer relationships in early adolescence. In 2015, state agencies reported an estimated 683,000 victims of child maltreatment, with two-thirds of this group representing child neglect victims. …

Faculty Roles In Student Retention At Historically Black Colleges And Universities, Dorothy Langley

Walden Dissertations and Doctoral Studies

Implications for student dropouts include fewer career options and lower earning potential. The purpose of this study was to investigate faculty perceptions of their roles in the student retention process at a Historically Black College and University (HBCU) in the Southeast United States. Guiding the phenomenological study was Lewin's theory of change model. Data were collected using a questionnaire, interviews, and faculty-student intervention logs. The questionnaire was completed by 32 full-time faculty at the study site. Interviews with 5 participants were conducted after the completion of the questionnaire, and 5 participants provided information via a faculty-student intervention log about strategies …

Rethinking Prosecutors' Conflicts Of Interest, Bruce A. Green, Rebecca Roiphe

Faculty Scholarship

No abstract provided.

Recidivism: An Analysis Of Race, Locus Of Control, And Resilience, Danisha Latrell Thomas

Walden Dissertations and Doctoral Studies

Recidivism is a growing problem in the United States that has contributed to prison overcrowding. In the United States, this is especially true for minorities, who have the highest incarceration, conviction, and recidivism rates. The purpose of this mixed methods study was to explore the relationship between race, recidivism, locus of control, and resilience. For the quantitative component, the Connor-Davidson Resilience scale (CD-RISC) and the multidimensional locus of control scales were used to measure resiliency and locus of control differences among racial groups (N = 126) on parole at a Fort Worth, Texas parole office. For the qualitative component, in-depth …

The Psychological Impact Of Taser Utilization In Police Officers, Yolanda Waters

Walden Dissertations and Doctoral Studies

A substantial body of scientific and medical research has examined the relationship between conductive energy devices and their physical risk to humans. This phenomenological study focused on the psychological impact of Taser utilization in police officers. This research explored how the experience of using a Taser in the line of duty affected officers from the conceptual framework of stress inoculation training and its applicability to Taser certification; the typical mental processes associated with using less-lethal weapons, perceptions of Taser training; and, the preparation provided in training for citizen injuries and deaths. Fifteen officers who had deployed a Taser were included …

The Impact Of Education And Gender On The Facilitation Of The Duluth Model Anger Management Course, Charlise Gloria Hogue-Vincent

Walden Dissertations and Doctoral Studies

Domestic violence, specifically intimate partner violence (IPV), is a major social problem in the United States despite legislative efforts aimed at reducing it. The Duluth model, which is the preeminent domestic violence intervention model used in the United States, is a male-only group intervention based on feministic views that domestic violence stems from men's behaviors to assert power and control in relationships. While the model is widely emulated, its policies and practices are under scrutiny from researchers who question the program efficiency, pointing to high recidivism rates. Guided by feminist theory, the purpose of this generic qualitative study was to …

Age As A Predictor Of Factors Involved In Targeted School Violence, Wendy Leigh Rippon

Walden Dissertations and Doctoral Studies

Targeted school violence (TSV) in the United States is increasing, causing a loss of innocent lives and challenges for teachers and students in building rapport. In addition, TSV increases levels of anxiety and makes it difficult for parents and community members to believe students are safe while at school. Several studies have highlighted the fact that age may be a factor in school shootings, calling for future research to determine if age is indeed influential. The problem is to date age has not been established as a predictive factor, even though the extant research is beginning to identify possible variances. …

Exploring The Employability Of African-American Male Ex-Offenders In Local Government, Chandra Latrelle Porter

Walden Dissertations and Doctoral Studies

The public sector is the largest employer that requires a background check. When African-American male ex-offenders return to their communities, they are often unable to find work in local government because of their criminal record. The central research question for this phenomenological study explored the lived experiences of African-American male ex-offenders regarding their employability in the local government sector. Guided by Sampson and Laub's life course perspective theory, a purposeful sample of 5 African-American male ex-offenders who applied for work or who currently work for local government entities in the state of Georgia was selected for this study. A three-interview …

African American Males' Lived Experiences Of Fathering Following Incarceration, Sherece Shavel

Walden Dissertations and Doctoral Studies

In the United States, African American fathers are incarcerated at a disproportionate rate and have a poor prognosis of success. Although researchers have considered how crime, paternal abuse, poverty, and social disparities have affected African Americans, they have not adequately studied how formerly incarcerated African American fathers experience parenting. The purpose of this qualitative transcendental phenomenological study was to bridge this gap in knowledge by exploring the parenting experiences of formerly incarcerated African American fathers on parole. The research question focused on the parenting experiences of African American fathers obligated to mandatory supervision following an incarceration. A criterion-based sample of …

Sustained Education Access For Homeless Youth: Case Study Of U.S. Transitional Living Programs, Heather Hall

Walden Dissertations and Doctoral Studies

Without interventions to address homelessness among youth, the risk of homelessness for future generations is great. As a result, the federal government has invested in funding Transitional Living Programs (TLPs), though it is not clear whether these programs have achieved the intended outcomes of helping youth transition from homelessness to being able to sustain employment and avoid poverty through access to educational and workforce programs. Using the broad conceptualization of democratic governance as the foundation, the purpose of this case study was to assess whether access to educational programs through TLPs benefitted homeless youth in terms of program success. Data …