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Discovering Forensic Fraud, Jennifer Oliva, Valena Beety

Articles by Maurer Faculty

This Essay posits that certain structural dynamics, which dominate criminal proceedings, significantly contribute to the admissibility of faulty forensic science in criminal trials. The authors believe that these dynamics are more insidious than questionable individual prosecutorial or judicial behavior in this context. Not only are judges likely to be former prosecutors, prosecutors are “repeat players” in criminal litigation and, as such, routinely support reduced pretrial protections for defendants. Therefore, we argue that the significant discrepancies between the civil and criminal pretrial discovery and disclosure rules warrant additional scrutiny.

In the criminal system, the near absence of any pretrial discovery means …

Active Judging And Access To Justice, Anna E. Carpenter

Articles, Chapters in Books and Other Contributions to Scholarly Works

“Being a good judge in this environment means unlearning what you learned in law school about what a judge is supposed to do. Fairness is doing things a federal judge would never do.” Active judging, where judges step away from the traditional, passive role to assist those without counsel, is a central feature of recent proposals aimed at solving the pro se crisis in America’s state civil courts. Despite growing support for active judging as an access to justice intervention, we know little, empirically, about how judges interact with pro se parties as a general matter, and even less about …

Retributivism And Criminal Procedure, Stephen Galoob

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Involuntarily Committed Patients As Prisoners, Matt Lamkin, Carl Elliott

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Exculpation As Inculpation, Russell L. Christopher

Articles, Chapters in Books and Other Contributions to Scholarly Works

Should a criminal defendant who contrives, creates, or causes the conditions of her own defense forfeit the defense? For example, suppose a provocateur taunts a provocatee into unlawfully attacking so that the provocateur may justifiably kill in self-defense. There are two competing approaches. Under the principle that defense-contrivers have "unclean hands," the predominant approach of the criminal law is to bar the defense (the Legal approach). Disagreeing, most criminal theorists advocate both granting the contrived defense and, seemingly paradoxically, imposing criminal liability for culpably contriving the defense (the Theoretical approach). That is, seeking exculpation is itself inculpatory. The Theoretical approach …

The Influence Of Social Support And Mental Illness On Punishment For Rule Violations Among Male Prisoners, Missy T. Malone

LSU Doctoral Dissertations

Mental illness among prisoners is higher than the general population (James & Glaze, 2006). The purpose of this exploratory-descriptive study was to investigate the social support and mental health factors that best predict punishment severity for institutional rule violations among prisoners. I conducted a secondary data analysis on 2004 Survey of Inmates in State Correctional Facilities data collected by the U.S. Census Bureau for the Bureau of Justice Statistics. The survey participants in this study consisted of a sample of 11,569 male prisoners. Bivariate analyses of interrelationships were conducted to assess whether significant relationships exist between the severity of punishment …

The Connection Between Drug Use And Crime In Western Australia, Kathryn Riordan

Theses: Doctorates and Masters

Despite decades of research, there is no consensus as to the factors that explain the association between drug use and criminal behaviour. While the evolving sophistication in research methodology has identified factors that are associated with involvement in both drug use and crime, exploration of the idiosyncratic factors that contribute to initiation, maintenance and desistence in drug use and criminal behaviour over time, across culture and social context remains unknown. In this research a grounded theory approach was used to develop an explanatory model based on the reported experiences of 22 non-Aboriginal and 11 Aboriginal adult male offenders, incarcerated in …

How To Assess The Real World Application Of A Capital Sentencing Statute: A Response To Professor Flanders’S Comment, John Mills

Faculty Scholarship

In assessing the constitutionality of a capital sentencing regime, the raw number of aggravating factors is irrelevant. What matters is their scope. To pass constitutional muster, aggravating factors (or the equivalent) must narrow the scope of death eligibility to the worst-of-the-worst. Professor Chad Flanders wants courts to ignore empirical assessments of the scope of aggravating circumstances and uses an imagined State of Alpha as his jumping off point. This response to Prof. Flanders makes the case for looking at the actual operation of a law, not just its reach in the abstract. This response focuses on Arizona’s capital sentencing regime …

Human Rights From The Ground Up: Building The First Law School Legal Aid Clinic In Haiti, Kate Bloch, Roxanne Edmond-Dimanche

Faculty Scholarship

No abstract provided.

Felon Disenfranchisement, Hadar Aviram, Allyson Bragg, Chelsea Lewis

Faculty Scholarship

No abstract provided.

Reliance On Nonenforcement, Zachary S. Price

Faculty Scholarship

No abstract provided.

Tallinn, Hacking, And Customary International Law, Ahmed Ghappour

Faculty Scholarship

No abstract provided.

East Asian Court Reform On Trial: Introduction To The Symposium, Setsuo Miyazawa

Faculty Scholarship

No abstract provided.

Seeking A Rational Approach To A Regional Refugee Crisis: Lessons From The Summer 2014 ‘Surge’ Of Central American Women And Children At The Us-Mexico Border, Karen Musalo, Eunice Lee

Faculty Scholarship

No abstract provided.

Reliance On Nonenforcement,, Zachary S. Price

Faculty Scholarship

No abstract provided.

Youth Incarceration, Health, And Length Of Stay, Thalia Gonzalez

Faculty Scholarship

For youth from marginalized communities, the pathway into the juvenile justice system occurs against a backdrop of disproportionately high levels of stress, complex trauma, and adverse childhood experiences. Despite overall reductions in the percentage of youth in confinement from recent state-level reforms, the lengths of stay for many youth often exceed evidence-based timelines, as well as a state’s own guidelines and criteria. This occurs despite a large and growing body of empirical research that documents the health status of system-involved youth and the association between incarceration during adolescence and the range of subsequent health and mental health outcomes in adulthood. …

Lessons From Ferguson And Beyond: Bias, Health, And Justice, Sidney D. Watson

All Faculty Scholarship

August 9, 2014, Michael Brown, an 18-year-old African American teen, killed by police in Ferguson, Missouri.

November 22, 2014, Tamir Rice, a 12-year-old African American child, killed by police in Cleveland, Ohio.

April 4, 2015, Walter Scott, a 50-year-old African American man, killed by police in Charlotte, North Carolina.

November 15, 2015, Jamar Clark, a 24-year-old African American man, killed by police in Minneapolis, Minnesota.

July 6, 2016, Philando Castile, a 32-year-old African American man, killed by police in Falcon Heights, Minnesota.

The list of Black men and women killed by police goes on and seems to grow by the …

A Comparison Of Defendants With Mental Illness Represented By Public Defenders And Private Attorneys: An Analysis Of Court-Ordered Pretrial Psychiatric Evaluations, Donald M. Linhorst, P. Ann Dirks-Lindhorst, Susan Mcgraugh, Lauren Choate, Sarah Riley

All Faculty Scholarship

This study compared the characteristics and court-ordered evaluation questions and responses among 4,430 defendants to determine if differences existed between those represented by public defenders and private attorneys when receiving trial competency or responsibility psychiatric evaluations from a state department of mental health. Defendants represented by public defenders were more likely to be younger, to have less education, to have psychotic disorders, to have a history of inpatient psychiatric treatment, to live in urban or rural counties, and to be jailed at the time of the evaluation. In addition, defendants represented by public defenders were less likely to have a …

Ex Parte Seizures Under The Dtsa And The Shift Of Ip Rights Enforcement, Yvette Joy Liebesman

All Faculty Scholarship

The ex parte seizure provision of the Defend Trade Secrets Act is another step in a long line of legislation that shifts the costs of private enforcement to the public, which already has a toehold in copyright and trademark law. The ex parte provision — which is not incorporated into any state trade secret law — relieves rights owners of two “burdens.” First, it relieves the trade secret owner of the burden of actually having to compete in the marketplace. Second, it relieves the trade secret owner of the burden of the costs associated with the discovery process of a …

Punishment, Liberalism, And Public Reason, Chad Flanders

All Faculty Scholarship

The article argues for a conception of the justification of punishment that is compatible with a modern, politically liberal regime. Section I deals with what some have thought are the obvious social interests society has in punishing criminals, and tries to develop those possible interests somewhat sympathetically. Section II suggests that many of those reasons are not good ones if punishment is regarded (as it should be) from the perspective of political philosophy. Social responses to bad things happening to people cannot be grounded in controversial metaphysical views about what is good for people or what people deserve, but many …

Impacts Of Mentoring Program On At-Risk Students, Melissa Marie Judd

Murray State Theses and Dissertations

Many middle school students are considered at-risk due to attendance, lower levels of academic achievement, and behavior referrals. Mentoring programs have been in effect for decades and continue to yield positive results. The purpose of the study is to determine if fourth and fifth grade at-risk students are impacted by mentoring. The researcher seeks to determine if mentoring increases students’ attendance, increases math and reading test scores, and decreases the amount of behavior referrals. Participants were compared to their own data using a pre-tests and post-tests. Attendance comparisons were made between Spring 2016 and Spring 2017 semesters. Math and reading …