Digital Commons Network^™

Martin Luther King Jr. And Pretext Stops (And Arrests): Reflections On How Far We Have Not Come Fifty Years Later, Tracey Maclin, Maria Savarese

Faculty Scholarship

By January, 1956, the Montgomery Bus boycott was in full-swing. Black citizens in Montgomery, Alabama were refusing to ride the city’s private buses to protest racially segregated seating. On the afternoon of January 26, 1956, twenty-seven-year-old Martin Luther King, Jr. had finished his day of work at the Dexter Avenue Baptist Church in Montgomery. On his drive home, King stopped his vehicle to offer a ride to a group of bus boycotters standing at a downtown car-pool location. After the boycotters entered King’s car, two motorcycle policemen pulled-in behind King’s vehicle. While everyone in King’s car tried to remain calm, …

Can Democracy Withstand The Cyber Age?: 1984 In The 21st Century, David M. Howard

UC Law Journal

No abstract provided.

"Understanding Lgbtq+ Intimate Partner Violence & Challenges In, Dr. Juanita Yates

Dissertations

This research project is a focus on Intimate Partner Violence (IPV) within LGBTQ+

community and the challenges associated with seeking family support. IPV is defined as a violent

or aggressive behavior within the home, typically involving the violent abuse of an intimate spouse

or partner. However, IPV can happen on the street, in one’s home or even in a public place. Those

exposed to IPV can be children, men and women. IPV is a prevalent issue in our society (Bright

2008). According to Ristock (2005), violence in LGBTQ+ relationships may be referred to as

partner violence, relationship violence, or LGBTQ+ …

Death By Fifty Cuts: Exporting Lunn V. Commonwealth To Maine And The Prospects For Waging A Frontal Assault On The Ice Detainer System In State Courts, Sean Turley

Maine Law Review

As long as the future of federal immigration policy remains unsettled and the use of ICE detainers to capture and deport suspected noncitizens remains widespread, practitioners should focus their attention on waging a frontal assault against the legality of ICE detainers on state law grounds by arguing that they constitute warrantless arrests that are prohibited by state statute. The recent Massachusetts Supreme Judicial Court decision in Lunn v. Commonwealth provides a model for how to wage such an attack—not only in states with similar common law and statutory frameworks that are unlikely to resolve the issue legislatively, like Maine, but …

Islamic Terrorism In The United States – The Association Of Religious Fundamentalism With Social Isolation & Paths Leading To Extreme Violence Through Processes Of Radicalization., Shay Shiran

Student Theses

This exploratory study focuses on identifying motivations for religious terrorism and Islamic terrorism in the United States in particular. Terrorism is a crime of extreme violence with the end purpose of political influence. This crime is challenging to encounter for its multi-faced characteristics, the unusual motivations of its actors, and their semi-militant conduct. The hypothesis of this study asserts that religious terrorists are radicalized by passing from fundamental to extreme devout agendas, caused by isolation from the dominant society, and resulted in high potential to impose those agendas by extreme violence. Under the theoretical framework of subculture in criminology, this …

Identification Of Animal Species By Utilization Of Processed Remains, Melissa I. Gaud

Student Theses

An enzymatic method to process decomposed non-human bone for forensic DNA analysis is presented. Red snapper species is identified by sequencing of the COI gene.

Forensic analysis of DNA from non-human bones can be important in investigating a variety of forensic cases. However, decomposed bone is difficult to process for isolating DNA. In this study, a previously established enzymatic method was utilized to process bone samples that simulate decomposed specimens. Our results demonstrated that this enzymatic processing method is effective for removing decomposed soft tissues and outer surface materials such as mineralized bone connective tissue of bone fragment samples. Our …

The Effects Of Conceptually Driven Versus Data-Driven Encoding On Traumatic Memory Amplification, Kelsey N. Barnett

Student Theses

Our research examines whether the way in which a person encodes a traumatic experience affects their post traumatic stress disorder (PTSD) symptoms and ability to remember the trauma over time. In our first study, we were interested in establishing whether people have any existing beliefs about how encoding processes influence the development of PTSD. In line with Ehlers and Clark’s (2000) theory, we hypothesized that people would be more likely to indicate that exclusively paying attention to sensory details during a traumatic event contributes to the formation of traumatic memories and PTSD. To test this hypothesis, we designed a simple …

Does Mental Illness Affect Societal Perception Of Sex Offenders?, Keely A. Bartram

Student Theses

Although mental illness is common in the sex offender population, it has never been examined how evidence of such may influence societal perception. In comparison to the non-sex offender population, it was hypothesized that participants would consider mental illness less mitigating for sex offenders, would be less likely to support the mental health treatment of sex offenders while incarcerated, and would consider certain mental illnesses (schizophrenia and substance abuse disorders) as particularly aggravating for this group of offenders. Respondents were asked to read a short vignette and then respond to a series of questions about culpability, sentencing decisions, and mental …

Zolpidem Facilitated Sexual Assaults: A Hair Method Validation, Danielle N. Chasworth

Student Theses

A liquid chromatography tandem mass spectrometry (LC-MSMS) method was developed and validated to detect for the presence of zolpidem in human hair samples. Zolpidem is a sedative hypnotic whose adverse effects make it a common drug found in drug facilitated crimes (DFC). It is important to be able to detect and quantitate the drug after a long period of time due to the victim’s delayed reporting of the crime. Hair’s long window of detection makes it a useful matrix for DFC investigations. The linear range of the assay was targeted at 2 pg/mg to 1,000 pg/mg and experiments designed to …

Imagination Or Proof: The Use Of Imagery And False Evidence In Eliciting Internalized False Confessions, Kendall Mcmillen

Student Theses

Rates of internalized false confessions has become increasingly salient through the use of DNA evidence in exonerating those who have been wrongfully convicted. False confessions also carry heavy legal consequences, and internalized false confessions (Appleby & Kassin, 2016; Kassin & Neumann, 1997; Kassin & Wrightsman, 1980), where the individual actually believes they committed a crime, may be especially damning (Kassin S., 2007). The presentation of false evidence has been found to be extremely influential in eliciting a false confession (Horselenberg, Merckelbach, & Josephs, 2003; Kassin & Kiechel, 1996; Nash & Wade, 2009), as well as imagery (Garry, Manning, Loftus, & …

General Acceptance Among Experts Of Eyewitness Research Findings: Sources Of Influence, Sneha Suresh

Student Theses

Recent advances in eyewitness identification research has been rapidly expanding with emergence of new eyewitness phenomena. At the same time, the number of experts being call upon to testify in court to the reliability of these various phenomena are also increasingly. For such testimony to be admissible, it must meet various criteria of general acceptance established by the courts. In the current study, 54 experts responded to a survey to assess the extent of their consensus of general acceptance of various eyewitness phenomena, collect information on their demographics, opinions regarding various other courtroom phenomenon and assess the impact of recent …

Spirituality And Work Related Stress In Social Workers, Daisy Lusung

Electronic Theses, Projects, and Dissertations

Social workers are subjected to experiencing job related stress due to high case loads, the severity of client cases, and vicarious trauma. In order to cope with these job stresses, it would be conducive for social workers to find alternatives to coping with job related stress. Practicing spirituality can be seen in many forms relating to religion, cultural practices, prayers, meditation, and to be one with nature to say the least. This research will explore the correlation between spirituality and job related stress among social workers. Quantitative data has been gathered amongst 133 social workers who have participated in answering …

Can We Learn From Hackers To Protect Victims?, Nicholas Marshall Chavez

Electronic Theses, Projects, and Dissertations

This project examines the protection methods suggested by hackers to guard against online victimization through the lens of Situation Crime Prevention. Data were collected from 85 webpages representing three categories of electronic communications: forums, blogs, and fan pages. The goal of this project was to identify which of the 25 opportunity reduction techniques the hacking community recommend most often, as well as, what level of expertise was associated with the suggested security measures. Results indicate that the technique most recommended by the hacking community was to remove targets with 27% of the total codings. From the results three themes were …

Challenges For Male Therapists Working With Commercially And Sexually Exploited Female Adolescents, John Caballero

Electronic Theses, Projects, and Dissertations

The commercial and sexual exploitation of children has become a global multi-billion dollar industry over the past several decades. Throughout history, therapists from various backgrounds have not only advocated against child trafficking but also provided therapeutic services to victims of such an inhuman crime—most of whom are female adolescents. Compared to their female counterparts, male therapists have been assigned CSEC cases involving female clients in excessively lower ratios. Researchers, however, have not fully captured what has prevented the female CSEC population from drawing interests from male counselors. This study explored potential reluctance in male therapists with regard to working with …

Social Service Workers Knowledge On The Use Of Technology For Human Trafficking, Raquel Monique Holguin, Athena Noel Barber

Electronic Theses, Projects, and Dissertations

Human Trafficking is the modern-day equivalent of slavery. Those who perpetuate it do so because it is lucrative to invest in a product that can be resold multiple times (Ellis, 2017). The recent advancement of technology has tremendously helped traffickers thrive in the illicit business of Human Trafficking. Social media websites, online classifieds, and mobile applications are quickly becoming some of the major mediums perpetrators utilize to traffick their victims (Latonero, 2012). The purpose of this study was to examine social service workers’ knowledge on the use of technology for Human Trafficking. Face-to-face interviews were conducted and the participants were …

Master Of Social Work Students' Perceived Preparedness To Address Mental Health Needs Of Caregivers Working Toward Reunification, Stephanie Ramirez, Vanessa Romero

Electronic Theses, Projects, and Dissertations

The purpose of this study is to assess Master of Social Work (MSW)

students’ perspectives on their preparedness to identify mental health needs of

caregivers that are working toward reunification. Research has established that

caregivers with mental illness have children removed by the child welfare system

at higher rates. In order to reunify successfully, it is critical that any mental health

needs are identified to provide appropriate linkage to services. This quantitative

study used a self-administered survey questionnaire with a case study vignette.

MSW students have some exposure to diagnosing during their MSW program,

however, the findings suggest that key …

Correctional Officers’ Perceptions And Attitudes Toward Mental Health Within The Prison System, Alexandra Rose Serafini

Electronic Theses, Projects, and Dissertations

This research explored correction officers’ perceptions and attitudes in relation to inmates with mental health issues. In a qualitative fashion, semi-structured interviews were conducted with five correction officers in Southern California (N = 5) during the Winter 2018 Quarter. Using thematic analysis, this study identified six major themes from the interview data: mental health has remained a prominent issue within the prison population; correction officers were fairly knowledgeable about mental health; correction officers perceived themselves as having to play a limited role in the rehabilitation of inmates with mental health problems; constant prompts in daily activities and medication management were …

Implicit Bias's Failure, Samuel Bagenstos

Articles

The 2016 presidential election was a coming-out party of sorts for the concept of implicit bias-and not necessarily in a good way. In answering a question about race relations and the police during the vice-presidential debate, Mike Pence introduced the topic. Offering his explanation for why the Fraternal Order of Police had endorsed the Trump-Pence ticket, Pence said:

Prosecuting U.N. Peacekeepers For Sexual And Gender-Based Violence In The Central African Republic, Sophia Genovese

Brooklyn Journal of International Law

Women and children living in armed conflict are amongst the most vulnerable populations at-risk of sexual and gender-based violence. When U.N. peacekeepers arrive to help dispel conflict; these populations believe that the soldiers in blue helmets will protect them. Instead; hundreds of women and children in the Central African Republic have reported being raped and sexually violated by U.N. peacekeepers. Despite compelling evidence to validate these claims; U.N. peacekeepers who commit these crimes are seldom held accountable. This Note discusses how to hold U.N. peacekeepers accountable for their human rights violations. This Note argues that troop-contributing countries should retain responsibility …

Pull And Push'- Implementing The Complementarity Principle Of The Rome Statute Of The Icc Within The Au: Opportunities And Challenges, Sascha Dominik Dov Bachmann, Eda Luke Nwibo

Brooklyn Journal of International Law

The complementarity principle of the Rome Statute of the International Criminal Court (ICC) is an international legal principle that governs the relationship between two; sometimes; contrasting international principles of law; namely sovereign equality of States and the international community’s duty to end impunity for international core crimes. Article 17 of the Rome Statute envisages that States maintain primary jurisdiction to investigate and prosecute international crimes; while the ICC’s jurisdiction to prosecute when States are unwilling or genuinely unable to carry out such investigations or prosecutions constitutes the exception. This article provides an analysis of this principle in the context of …

Explicit Bias, Jessica A. Clarke

Vanderbilt Law School Faculty Publications

In recent decades, legal scholars have advanced sophisticated models for understanding prejudice and discrimination, drawing on disciplines such as psychology, sociology, and economics. These models explain how inequality is implicit in cognition and seamlessly woven into social structures. And yet, obvious, explicit, and overt forms of bias have not gone away. The law does not need empirical methods to identify bias when it is marching down the street in Nazi regalia, hurling misogynist invective, or trading in anti-Muslim stereotypes. Official acceptance of such prejudices may be uniquely harmful in normalizing discrimination. But surprisingly, many discrimination cases ignore explicit bias. Courts …

Cashing In On Convicts: Privatization, Punishment, And The People, Laura I. Appleman

Utah Law Review

For-profit prisons, jails, and alternative corrections present a disturbing commodification of the criminal justice system. Though part of a modern trend, privatized corrections has well-established roots traceable to slavery, Jim Crow, and current racially-based inequities. This monetizing of the physical incarceration and regulation of human bodies has had deleterious effects on offenders, communities, and the proper functioning of punishment in our society. Criminal justice privatization severs an essential link between the people and criminal punishment. When we remove the imposition of punishment from the people and delegate it to private actors, we sacrifice the core criminal justice values of expressive, …

Accelerated Civil Rights Settlements In The Shadow Of Section 1983, Katherine A. Macfarlane

Utah Law Review

The families of Eric Garner, Laquan McDonald, Freddie Gray, and Walter Scott have obtained multimillion dollar settlements from the cities in which their family members lost their lives. This Article identifies and labels these settlements as a legal response unique to high-profile policeinvolved deaths: accelerated civil rights settlement. It defines accelerated civil rights settlement as a resolution strategy that uses the threat of 42 U.S.C. Section 1983 litigation rather than litigation itself to compensate police-involved shooting victims’ family members. This Article explains how accelerated civil rights settlement involves no complaint or case—nothing is filed. Also, the goal of accelerated civil …

Bulk Biometric Metadata Collection, Margaret Hu

Faculty Publications

Smart police body cameras and smart glasses worn by law enforcement increasingly reflect state-of-the-art surveillance technology, such as the integration of live-streaming video with facial recognition and artificial intelligence tools, including automated analytics. This Article explores how these emerging cybersurveillance technologies risk the potential for bulk biometric metadata collection. Such collection is likely to fall outside the scope of the types of bulk metadata collection protections regulated by the USA FREEDOM Act of 2015. The USA FREEDOM Act was intended to bring the practice of bulk telephony metadata collection conducted by the National Security Agency (“NSA”) under tighter regulation. In …

Mccleskey V. Kemp: Field Notes From 1977-1991, John Charles Boger

Northwestern University Law Review

The litigation campaign that led to McCleskey v. Kemp did not begin as an anti-death-penalty effort. It grew in soil long washed in the blood of African-Americans, lynched or executed following rude semblances of trials and hasty appeals, which had prompted the NAACP from its very founding to demand “simple justice” in individual criminal cases. When the Warren Court signaled, in the early 1960s, that it might be open to reflection on broader patterns of racial discrimination in capital sentencing, the NAACP Legal Defense & Educational Fund, Inc. (LDF) began to gather empirical evidence and craft appropriate constitutional responses. As …

Can The Rule Of Law Survive Trump?, Rebecca Roiphe

Other Publications

This post originally appeared on https://www.nybooks.com/daily/2018/06/01/can-the-rule-of-law-survive-trump/

Religion And Crime Studies: Assessing What Has Been Learned, Melvina Sumter, Frank Wood, Ingrid Whitaker, Dianne Berger-Hill

Sociology & Criminal Justice Faculty Publications

This paper provides a review of the literature that assesses the relationship between religion and crime. Research on the relationship between religion and crime indicates that certain aspects of religion reduces participation in criminal activity. A review of the literature indicates religion reduces participation in criminal activity in two broad ways. First, religion seems to operate at a micro level. Studies have pointed to how religious beliefs are associated with self-control. Second, researches have examined the social control aspects of religion. In particular, how factors such as level of participation and social support from such participation reduces criminal activity. Likewise, …

Las Curanderas De La Herida Abierta: How Online Communities Of Women Of Color Are Challenging Coloniality, Aracelis Sanchez

College of Liberal Arts & Social Sciences Theses and Dissertations

Using Facebook and Instagram pages, women of color create virtual communities for epistemological transformations and community healing. In this thesis, I show that online communities of women of color constitute a decolonial feminist virtual space that serves as a site of knowledge production. I argue that these online communities can be conceptualized as a decolonial project existing and expanding from online spaces to public places and characterized by a deliberate rejection of anti-blackness, a critique of the capitalist/colonial/imperial world system, and liberating conceptions of sexuality and gender. I focus on Latina Rebels, Xicanisma, and Lindas, Libres pero Chingonas in order …

Ethnographic Advocacy Against The Death Penalty, Jesse Cheng

Social and Cultural Sciences Faculty Research and Publications

This article develops the concept of “ethnographic advocacy” to make sense of the humanizing, open‐ended knowledge practices involved in the defense of criminal defendants charged with capital murder. Drawing from anthropological fieldwork with well‐respected figures in the American capital defense bar, as well as my own professional experience as an investigator specializing in death penalty sentencing mitigation, I argue that effective advocacy for life occurs through qualitative knowledge practices that share notable methodological affinities with contemporary anthropological ethnography. The article concludes with a preliminary exploration of what the concept of ethnographic advocacy might reveal about academic anthropology's own advocative engagements.

Prior Mental Health Treatment And Mental Health Court Program Outcomes, Lauren Rubenstein

Student Theses

In response to the high volume of mentally ill individuals involved in the criminal justice system, mental health courts have emerged as an alternative to incarceration for these individuals. Based on the literature, it is hypothesized that participants with a history of prior mental health treatment will have better outcomes in MHC programs, including more compliant behavior and more successful completion of the program than participants with no history of prior mental health treatment. The findings of this research can be used in order to help MHC programs better accommodate all participants regardless of their treatment history.