Digital Commons Network^™

Debunked, Discredited, But Still Defended Revising State Post-Conviction Relief Statutes To Cover Convictions Resting On Subsequently Invalidated Expert Testimony, Edward J. Imwinkelried

Seton Hall Law Review

No abstract provided.

The Science And Law Underlying Post-Conviction Challenges To Shaken Baby Syndrome Convictions: A Response To Professor Imwinkelried, Keith A. Findley, D. Michael Risinger

Seton Hall Law Review

No abstract provided.

A Brief Reply To Professor Cassell, Marvin Zalman

Seton Hall Law Review

No abstract provided.

Gutting The Fourth Amendment: Judicial Complicity In Racial Profiling And The Real-Life Implications, Mary N. Beall

Minnesota Journal of Law & Inequality

No abstract provided.

Post-Accountability Accountability, Nicole Stelle Garnett

Journal Articles

Over the past few decades, parental choice has exploded in the United States. Yet, despite early proponents’ hopes that parental choice would eliminate the need to regulate school quality—since parents’ choices would serve an accountability function—demands to use the law to hold chosen schools accountable for their academic performance are central features of education-reform debates today. This is an opportune time to consider the issue of academic accountability and parental choice. Parental choice has gained a firm foothold in the American educational landscape. As it continues to expand, debates about accountability for chosen schools will only intensify. The questions of …

Why Don't Some White Supremacist Groups Pay Taxes?, Eric Franklin Amarante

Emory Law Journal Online

A number of white supremacist groups enjoy tax-exempt status. These hate groups do not have to pay federal taxes and people who give money to these groups may take deductions on their personal taxes. This recognition not only results in potential lost revenue for government programs, but it also serves as a public subsidy of racist propaganda and operates as the federal government's imprimatur of white supremacist activities. This is all due to an unnecessarily broad definition of 'educational' that somehow encompasses the activities of universities, symphonies, and white supremacists. This Essay suggests a change in the Treasury Regulations to …

Environmens Rea, Anthony Moffa

Penn State Law Review (2003 - Present)

No abstract provided.

General Principles Of Procedural Law And Procedural Jus Cogens, S.I. Strong

Penn State Law Review (2003 - Present)

No abstract provided.

Social Factors, Public Policies, And Infant Mortality, Lauren Wallace

All ETDs from UAB

Despite consistent and substantial investments, the United States’ infant mortality rate (IMR) has not decreased significantly in the 21st century and disparities between racial and ethnic groups have increased. This study investigates the impact of social and health factors, and public policies on IMR at the state level. The research aims were to: 1) evaluate which state-level social factors and public policies were associated with state IMRs using principal component (PC) analysis; and 2) evaluate whether states cluster on their PC scores and IMRs using cluster analysis. The data used were six composite index scores based on social factor and …

The Habitual Offenders, Beth Shelburne Storr

All ETDs from UAB

The Habitual Offenders is a work of literary journalism, written as a piece of first-person creative nonfiction. The collection of chapters explores a specific class of prison inmates in Alabama, sentenced to life without parole under a three strikes law. Major themes include fairness and disparity in the criminal justice system, politics, race and the community fallout from mass incarceration. This work reflects writing traditions from both investigative/narrative journalism and personal memoir.

An Analysis Of The Meaning, Barriers, And Value Of Developmental Education For First-Generation Minority Students At A Community College, Molly Murphy

Masters Theses

This qualitative, phenomenological study was designed to learn more about how first-generation, minority community college students perceive the meaning, barriers, and value of developmental education. Five participants were interviewed in a semi-structured format. The results provided nuanced and personal accounts from students who revealed that developmental education affects their feelings of self-efficacy, that systemic financial challenges are consistent barriers to success, and that the connections between teachers and their students, or lack thereof, are perceived to have an impact on the usefulness of developmental education. Finally, results indicated the importance of working with students individually to understand how their ethnic …

The Perception Of Community Oriented Policing From A Law Enforcement Organization's Perspective, James Wyatt Roberts

Doctor of Education (Ed.D)

Community-oriented policing surfaced in the 1980s as a new philosophy in policing. Despite the widespread community support for community policing, the perceptions of this philosophy from a law enforcement organization’s perspective remain unclear. This quantitative, non-experimental research study utilized a survey method to address seven research questions. One large law enforcement organization (sworn and civilian members) in Central Florida was invited to complete a survey to assist in better understanding the role of community-oriented policing and its impact on bridging the gap between law enforcement and the community. This study seeks to better understand a law enforcement organization’s perception of …

Altruism In Psychotherapy: Altruistic Acts As An Adjunct To Psychotherapy, Erin Santos

Theses and Dissertations

This study will explore the impact of altruism on the mind, brain, and body in order to investigate the potential value of using guided altruistic behavior as an adjunct to attaining the goals of psychotherapy. there is considerable evidence from religious and social practices across cultures, groups like Alcoholics Anonymous, and epidemiological research that point to the positive physical and psychological effects of helping others. This idea was initially stimulated by findings that demonstrated that altruism stimulates brain regions also important to the processes and goals of successful psychotherapy. It is hypothesized that engaging in altruistic behaviors will stimulate emotions, …

Decoding Guilty Minds: How Jurors Attribute Knowledge And Guilt, Owen D. Jones, Matthew R. Ginther, Francis X. Shen, Richard J. Bonnie, Morris B. Hoffman, Kenneth W. Simons

Vanderbilt Law School Faculty Publications

A central tenet of Anglo-American penal law is that in order for an actor to be found criminally liable, a proscribed act must be accompanied by a guilty mind. While it is easy to understand the importance of this principle in theory, in practice it requires jurors and judges to decide what a person was thinking months or years earlier at the time of the alleged offense, either about the results of his conduct or about some elemental fact (such as whether the briefcase he is carrying contains drugs). Despite the central importance of this task in the administration of …

Algorithmic Risk Assessments And The Double-Edged Sword Of Youth, Christopher Slobogin, Megan T. Stevenson

Vanderbilt Law School Faculty Publications

Risk assessment algorithms—statistical formulas that predict the likelihood a person will commit crime in the future—are used across the country to help make life-altering decisions in the criminal process, including setting bail, determining sentences, selecting probation conditions, and deciding parole. Yet many of these instruments are “black-box” tools. The algorithms they use are secret, both to the sentencing authorities who rely on them and to the offender whose life is affected. The opaque nature of these tools raises numerous legal and ethical concerns. In this paper we argue that risk assessment algorithms obfuscate how certain factors, usually considered mitigating by …

The Silence Penalty, Jeffrey Bellin

Vanderbilt Law School Faculty Publications

In every criminal trial, the defendant possesses the right to testify. Deciding whether to exercise that right, however, is rarely easy. Declining to testify shields defendants from questioning by the prosecutor and normally precludes the introduction of a defendant's prior crimes. But silence comes at a price. Jurors penalize defendants who fail to testify by inferring guilt from silence. This Article explores this complex dynamic, focusing on empirical evidence from mock juror experiments-including the results of a new 400-person mock juror simulation conducted for this Article-and data from real trials. It concludes that the penalty defendants suffer when they refuse …

How And Why Is The American Punishment System "Exceptional"?, Christopher Slobogin

Vanderbilt Law School Faculty Publications

Anyone interested in American criminal justice has to wonder why we have so many more people in prison—in absolute as well as relative terms—than the western half of the European continent, the part of the world most readily comparable to us. This book, consisting of eleven chapters by eminent criminal law scholars, criminologists and political scientists, provides both a detailed look at how U.S. punishment is different and an insightful analysis of why that might be so. While many chapters in the book describe previously declared positions of the authors, there is also much that is new in the book, …

Demanding Reduction: An Exploration Of County-Level Characteristics Associated With Areas Of Human Trafficking In Florida, Madelyn Diaz

Electronic Theses and Dissertations

Research on the prevalence of human trafficking (HT) is relatively scarce, even though more attention has been brought to this human rights issue in the past couple of decades. Widely known as a form of modern day slavery, trafficking of persons for sexual exploitative reasons to earn a profit for the trafficker occurs in every major city across the country, despite common misconceptions that it only thrives in foreign countries. To expand on limited existing literature on human trafficking, this research study explores possible correlations among areas of high violent crime rates, drug arrests, the presence of demand reduction strategies, …

Don't Do The Crime If You Can't Do A Man's Time: Examining Sentencing Disparities Using Offender Demographics, Vanessa Rinker

Electronic Theses and Dissertations

Looking back, America has seen its fair share of differences among its population, so it should not come as a shock that sentencing disparities are a serious criminal justice issue in the United States. Each year, thousands of people are sent to Federal prisons where they receive sentences for crimes they have been convicted of committing. The United States Sentencing Commission publishes these results annually. No matter the number of persons entering the prison system on the federal level, the number of female offenders often remains about the same (8555 in 2000; 9451 in 2007; and 9302 in 2008). While …

No Way Out: The Impact Of Intimate Partner Violence On Homelessness And The Consequences Of Poor Health Outcomes, Kristina Bryant

Electronic Theses and Dissertations

IPV victimization leads many women who suffer from unstable housing into homelessness. These victims are in danger of severe negative health outcomes that are already prevalent in the homeless community, as well as seen in victims of IPV. This study seeks to explore the impact that IPV victimization has on negative health outcomes in the homeless community, compared to the negative health outcomes that homeless women face who are not homeless because of IPV victimization. This study hypothesized that women who are homeless because of IPV victimization face more severe negative health outcomes. The data for the current research is …

A Study Of The Influence Of The Restorative Justice Model On Out-Of-School Suspensions In A Large School District, Brian Agard

Electronic Theses and Dissertations

The purpose of this quantitative study was to investigate whether the Restorative Justice model influenced the number of days that students were suspended out-of-school or the number of out-of-school suspension incidents. In addition, the researcher analyzed whether the Restorative Justice model had different impacts for the subgroups of students qualifying for free and reduced lunch (FRL), English Learners (EL), students qualifying for exceptional student education services (ESE), and three ethnic subgroups (White, Black, and Hispanic) in an urban school district in Central Florida for the sixth-, seventh-, and eighth-grade students for the seven school years from 2010-2011 to 2016-2017. Primary …

The Tragic City: Black Rebellion And The Struggle For Freedom In Miami, 1945-1990, Porsha Dossie

Electronic Theses and Dissertations

This thesis examines the creation of South Florida's tri-ethnic racial hierarchy during the postwar period, from 1945-1990. This racial hierarchy, coupled with discriminatory housing practices and police violence, created the necessary conditions for Dade County's first deadly uprising in 1968. Following the acquittal of several officers charged in the killing of an unarmed black businessman, a second uprising in 1980 culminated in three days and three nights of violent street warfare between law enforcement and black residents in Miami's northwest Liberty City neighborhood. The presence of state sanctioned violence at the hands of police in Liberty City set the stage …

Reconciling Quasi-States With The Crime Of Aggression Under The Icc Statute, Sascha Dominik Bachmann, Yasser Abdelkader

Emory International Law Review

On June 11, 2010, a binding definition of the crime of aggression was finally adopted at the Review Conference of the Rome Statute in Kampala, Uganda. The Rome Statute¿s definition of the crime of aggression reflecting on existing practice leads to the assumption that State-like entities that lack universal recognition will not be covered by the Court¿s jurisdiction of the crime of aggression. Lack of clear definition of ¿State¿ in the Rome Statute gives the first indication of the implied exclusion of State-like entities from the scope of the crime of aggression. However, the most recent interpretation of the term …

Loaning Books By The Semester: A Case Study At A Community College Library, Jennifer Noe

Publications and Research

During the spring and fall semesters of 2016 and the spring semester of 2017, Kingsborough Community College, part of the City University of New York, launched an initiative to loan over 5,000 books for the entire semester to students in its Learning Communities and other special programs. This paper is a case study that describes the challenges of implementing the Textbook Learning Initiative by the Access Services department of the college's Robert J. Kibbee Library and its ongoing work as all of these specially purchased titles are now in the general collection for all students on a first come, first …

The Silence Penalty, Jeffrey Bellin

Faculty Publications

In every criminal trial, the defendant possesses the right to testify. Deciding whether to exercise that right, however, is rarely easy. Declining to testify shields defendants from questioning by the prosecutor and normally precludes the introduction of a defendant’s prior crimes. But silence comes at a price. Jurors penalize defendants who fail to testify by inferring guilt from silence.

This Article explores this complex dynamic, focusing on empirical evidence from mock juror experiments—including the results of a new 400-person mock juror simulation conducted for this Article—and data from real trials. It concludes that the penalty defendants suffer when they refuse …

Herrick V. Grindr, Second Circuit Court Of Appeals

Historical and Topical Legal Documents

No abstract provided.

Good Person, Good Prosecutor In 2018, Abbe Smith

Georgetown Law Faculty Publications and Other Works

Nearly twenty years ago, I wrote an essay on the ethics of prosecution in a time of mass incarceration called “Can You Be a Good Person and a Good Prosecutor?” I am both pleased and perplexed that the essay, which caused some controversy at the time, continues to strike a chord—at least with the organizers of this online conversation. I appreciate the invitation to weigh in on whether you can be a good person and a good prosecutor in 2018.

The Habeas Corpus Protection Of Joseph Smith From Missouri Arrest Requisitions, A. Keith Thompson

Interpreter: A Journal of Latter-day Saint Faith and Scholarship

This is the first of two articles discussing Missouri’s requisitions to extradite Joseph Smith to face criminal charges and the Prophet’s recourse to English habeas corpus practice to defend himself. In this article, the author presents research rejecting the suggestion that the habeas corpus powers of the Nauvoo City Council were irregular and explains why the idea that the Nauvoo Municipal Court lacked jurisdiction to consider interstate habeas corpus matters is anachronistic. In the second article, the author analyzes the conduct of Missouri Governor Thomas Reynolds in relation to the requisitions for Joseph Smith’s extradition. Even by the standards of …

Its Own Dubious Battle: The Impossible Defense Of An Effective Right To Strike, Ahmed White

Publications

One of the most important statutes ever enacted, the National Labor Relations Act envisaged the right to strike as the centerpiece of a system of labor law whose central aims included dramatically diminishing the pervasive exploitation and steep inequality that are endemic to modern capitalism. These goals have never been more relevant. But they have proved difficult to realize via the labor law, in large part because an effective right to strike has long been elusive, undermined by courts, Congress, the NLRB, and powerful elements of the business community. Recognizing this, labor scholars have made the restoration of the right …

A Review Of Disciplinary Interventions In K12 Public Education, Rachel Levy, David Naff, Marcie Terry, Mariah Coffee

MERC Publications

As a part of the Achieving Racial Equity in School Disciplinary Policies and Practices study from the Metropolitan Educational Research Consortium, this literature brief offers an overview of school discipline interventions in K12 public education. This includes more punitive models that have been used in the past that have contributed to racial disparities in discipline outcomes, including corporal punishment and zero-tolerance policies. Additionally, this brief offers an overview of four prominent alternative approaches to school discipline: Trauma Informed Care, Positive Behavioral Interventions and Supports, Culturally Responsive Positive Behavioral Interventions and Supports, and Restorative Practices. The literature brief offers the …