Digital Commons Network^™

A Healthy Dose Of Agnosticism About The Death Penalty, Michael Vitiello

McGeorge School of Law Scholarly Articles

No abstract provided.

On The Inside: Evaluating Arts Education Programs In Prisons, Natalie Rae Campbell

All ETDs from UAB

Prison-arts programs are those that provide hands-on art education to inmates in correctional facilities. This study examines the prevalence of such programs throughout the United States as well as the effects that they have on inmates who participate in art education within a correctional facility. The project’s purpose raises questions about the efficacy of rehabilitative education and about how this type of education is funded and sustained. The research presented provides an insight into how many people prison-arts programs serve, at what frequency, and under what conditions classes are taught, as well as outside perceptions on the improvement of quality …

Different Strokes For Different Folks: Fixing The Error Pattern In Criminal Prosecutions By “Empiricizing” The Rules Of Criminal Law And Taking False Acquittals And Serial Offenders Seriously, Larry Laudan

Seton Hall Law Review

No abstract provided.

Fairness Over Finality: Peña-Rodriguez V. Colorado And The Right To An Impartial Jury, Katherine Brosamle

Loyola of Los Angeles Law Review

No abstract provided.

Quantitative Analysis Of Differences Between Adaptors And Innovators For Decriminalization Attitudes, Aaron Solomon

Walden Dissertations and Doctoral Studies

Kirton's adaption-innovation theory suggests adaptors and innovators have different approaches to decision-making. The relationship between thinking styles in conjunction with decriminalization has not been investigated thoroughly, and this study addressed the relationship based on thinking styles and 6 demographics (race, age, gender, religion, education, and geographical location). The main research question examined whether innovators and adaptors have different attitudes about decriminalization. The hypotheses were tested with: (a) t tests to compare responses, (b) analysis of variance for comparing multiple groups and investigating moderator effects, and (c) correlation tests to determine whether Kirton's adaption-innovation inventory scores are associated with decriminalization attitudes. …

Effects Of Race And Gender On Probability Of Juvenile Delinquency Leading To Recidivism, Britney Latoya Smith

Walden Dissertations and Doctoral Studies

Studies have shown that U.S. juvenile recidivism rates range from 50% to 80%, and many risk factors have been associated with adolescent delinquency and recidivism. The purpose of this cross-sectional correlational study was to evaluate the Future Generation mentoring program's effectiveness by examining the relationships between race and gender (independent variables) and youth progress (dependent variable). The Future Generation mentoring program is a pseudonym for the actual program to help protect confidentiality and anonymity of the organization. Juvenile progress was measured by how well a youth met their goals. Youth progress was classified as successful, progressing, or unsuccessful in relation …

Percieved Barriers To Developing A Successful School-Based Mental Health Program, Danielle C. Peterson

Doctorate in Education

For students to be successful in school, all their needs must be met. Mental and emotional well-being are core conditions for overall health necessary to lead a happy and productive life, to form healthy relationships, and to successfully adjust to change and overcome difficulties (Burton, Pavord, & Williams, 2014; Minnesota Department of Health, 2002). School-based mental health (SBMH) is one method for schools to make a positive change on the mental health status of children. The prevalence of mental health disorders in youth is increasing at an alarming rate. One in five students in America’s public schools have significant mental …

“High” Standards: How The Tide Of Marijuana Legalization Sweeping The Country Ignores The Hidden Risks Of Edibles, Steve Calandrillo, Katelyn Fulton

Articles

As a tide of marijuana legalization sweeps across the United States, there is a surprising lack of scrutiny as to whether the benefits of recreational marijuana outweigh the risks. Notably, marijuana edibles present special risks to the population that are not present in smoked marijuana. States that have legalized recreational marijuana are seeing an increase in edible-related calls to poison control centers and visits to emergency rooms. These negative reactions are especially prevalent in vulnerable populations such as children, persons with underlying preexisting conditions, and out-of-state marijuana novices. Unfortunately, research on edible marijuana is scant and state regulatory regimes are …

Big Brother Isn't Watching: How State V. Jones Transformed What One Can See With A Naked Eye Into A Fourth Amendment Search, Alayna Holmstrom

South Dakota Law Review

No abstract provided.

Rediscovery Of Self After Counseling For Female Survivors Of Intimate Partner Violence, Tiffany Crayton

Walden Dissertations and Doctoral Studies

Researchers have indicated that survivors of intimate partner violence (IPV) have lost a sense of self while being with their abuser. But little or nothing has been published on the rediscovery of self after counseling among female survivors of IPV. The purpose of this phenomenological study which helped to guide the research question and the method of the study was to help bridge the gap in the professional counseling literature by exploring the rediscovery of self after counseling from the perspective of female survivors of IPV. The research question for this study examined the lived experiences of 7 women who …

Process Evaluation Of The Batterer Intervention And Prevention Program Of The Center Against Sexual And Family Violence In El Paso, Texas, Kathleen Anne O'Connor

Open Access Theses & Dissertations

Background: Intimate partner violence (IPV) is a significant public health issue. One in five women and one in seven men will experience severe physical violence from an intimate partner in their lifetime in the US; and one in three women globally (Breiding, Basile, Smith, Black, & Mahendra, 2015; World Health Organization, 2017). Notwithstanding such stark statistics, there is a gap in research on batterers and on batterer intervention and prevention programs (BIPP). Purpose: Program processes related to follow-up of clients were evaluated at the Center Against Sexual and Family Violence Batterer Intervention and Prevention Program (CASFV BIPP) through a mixed-methods …

Crisis Intervention Team Training And The Protection Motivation Theory, Monique Allen, Greg Campbell

Journal of Sustainable Social Impact

The problem addressed in this phenomenological study was the lack of documentation that supported the lived experiences of crisis intervention team (CIT)-trained police officers related to their field encounters with persons with mental illnesses. The purpose of the study was to explore the lived experiences of officers among CIT-trained police officers to address the problem. The protection motivation theory was aligned closest with the teachings of CIT training as described by the study participants’ lived experiences. Participants provided the study’s collected data, which was composed of completed questionnaires and transcribed interviews. The empirical theoretical framework method of analysis used was …

Towards A Jurisprudence (And Pedagogy) Of Access: A Reflection On 25 Years Of The Public Interest Practicum, Alex Scherr, Elizabeth M. Grant, Graham Goldberg

Scholarly Works

The Public Interest Practicum (PIP), a course at the University of Georgia School of Law, fosters awareness among law students of the demand for access to justice. For more than 25 years, PIP has served many purposes: to explore a street level jurisprudence; to challenge students’ professional identities; to generate new models of clinical legal education; to inculcate the habit of public service; and to help individuals with legal problems. Through its many iterations, PIP has consistently exposed future lawyers to ways of helping those in need. This reflection traces the history of PIP as a course, contextualizes it within …

State Of The University Annual Report - 2017-2018, Office Of The President, East Tennessee State University, University Marketing And Communication, East Tennessee State University

Office of the President State of the University Annual Report

No abstract provided.

Police, Race, And The Production Of Capital Homicides, Jeffrey A. Fagan, Amanda Geller

Faculty Scholarship

Racial disparities in capital punishment have been well documented for decades. Over 50 studies have shown that Black defendants more likely than their white counterparts to be charged with capital-eligible crimes, to be convicted and sentenced to death. Racial disparities in charging and sentencing in capital-eligible homicides are the largest for the small number of cases where black defendants murder white victims compared to within-race killings, or where whites murder black or other ethnic minority victims. These patterns are robust to rich controls for non-racial characteristics and state sentencing guidelines. This article backs up the research on racial disparities to …

Differentiating Darkness: Decision-Making Differences Between Psychopathy And Machiavellianism, Jessica R. Carre

Open Access Theses & Dissertations

Machiavellianism and psychopathy are correlated but distinct personality traits that are associated with interpersonal manipulation and selfish behaviors (Paulhus & Williams, 2002). Based on a recent meta-analytic review, researchers have questioned whether these traits are distinct (Miller, Hyatt, Maples-Keller, Carter & Lynam, 2016). These meta-analytic reviews, however, have largely been based on atheoretical studies examining the relationship of these traits with self-reported outcomes. The purpose of the present research was to directly test the differences between Machiavellianism and psychopathy with respect to fundamental decision-making processes. In study one, the difference between psychopathy and Machiavellianism was assessed in terms of passive …

Women Of Color And Health: Issues And Solutions, June Cross, Nia Weeks, Kristen Underhill, Chloe Bootstaylor

Faculty Scholarship

Chloe Bootstaylor: Welcome to our second panel. This panel focuses on women of color in health, issues, and solutions. The session is inspired by Professor June Cross of the Columbia School of Journalism and her recent film, Wilhemina’s War, which follows the story of Wilhemina Dixon and depicts the obstacles that Americans with HIV/AIDS face in accessing not only adequate healthcare but also financial, infrastructural, and social support in their communities.

This panel will consist of Professor Underhill and Nia Weeks. June Cross will join us a little later on. We will start with a clip from her film, …

Transparency's Ideological Drift, David E. Pozen

Faculty Scholarship

In the formative periods of American "open government" law, the idea of transparency was linked with progressive politics. Advocates of transparency understood themselves to be promoting values such as bureaucratic rationality, social justice, and trust in public institutions. Transparency was meant to make government stronger and more egalitarian. In the twenty-first century, transparency is doing different work. Although a wide range of actors appeal to transparency in a wide range of contexts, the dominant strain in the policy discourse emphasizes its capacity to check administrative abuse, enhance private choice, and reduce other forms of regulation. Transparency is meant to make …

Age At First Offense As A Predictor Of Recidivism Among High-Risk Juvenile Delinquents Versus All Juvenile Delinquents, Claudia Iliana Lopez

Open Access Theses & Dissertations

Researchers have generally found a moderate negative correlation between juvenile delinquents' age at first offense and their risk of recidivism (Cottle, Lee, & Heilbrun, 2001). However, two studies at the El Paso Juvenile Probation Department (El Paso JPD) by Valenzuela (2011) and Ranadive (2014) found the correlation of age at first referral with recidivism to be non-significant and close to zero. A possible explanation for these findings at El Paso JPD is that age at first referral is predictive of recidivism among high-risk juvenile offenders but not in the general population of all juveniles referred to the justice system. The …

Experiences Of Military-Trained Educational Leaders: Transference Of Military Leadership Skills To Public School Administration In Texas, Kristopher Johnson

Open Access Theses & Dissertations

The influence of military-trained educational leaders on education is a growing topic in educational research. Troops to Teachers and Teach for America contribute to former military service members transitioning to K-12 education. Military service members possess unique experiences and talents that make them attractive to local school districts. They contribute many experiences as employees: they follow the rules, are hardworking and loyal, and demonstrate leadership qualities. Other factors, not in direct relation to teaching include maturity, worldviews, experiences, self-reflection, ability to make a difference, and the diversity of military who want to teach.

The purpose of this qualitative research was …

The Wealth Gap And The Racial Disparities In The Startup Ecosystem, Lynnise E. Pantin

Faculty Scholarship

Although much attention has been given to structural inequality as it manifests in the criminal justice context, little has been said about economic inequality as it relates to the startup ecosystem. This Article details how the historic creation of the wealth gap affects entrepreneurship, highlighting how the wealth gap adversely impacts entrepreneurs of color. Entrepreneurship is a compelling solution to wealth inequality, but wealth inequality can be an impediment to success in entrepreneurship. This Article explains how the United States’ history of bolstering wealth creation for some, while inhibiting wealth creation for people of color, matters for understanding the startup …

The Legacy Of Civil Rights And The Opportunity For Transactional Law Clinics, Lynnise E. Pantin

Faculty Scholarship

At the end of the historic march from Selma to Montgomery in 1965, Reverend Dr. Martin Luther King Jr. famously paraphrased abolitionist and Unitarian minister Theodore Parker stating, “the arc of the moral universe is long, but it bends towards justice.” The implication of the phrase is that the social justice goals of the Civil Rights Movement would eventually be achieved. His prayer was that servants of justice would be rewarded in due time. In other words, that the goals of the Civil Rights Movement would be achievable at some point in the future. President Obama resurrected the phrase throughout …

Wrongful Convictions, Constitutional Remedies, And Nelson V. Colorado, Michael Wells

Scholarly Works

This article examines the U.S. Supreme Court’s Nelson v. Colorado opinion, in which the Court addressed the novel issue of remedies for persons wrongly convicted of crimes. Governments routinely deprive criminal defendants of both liberty and property upon conviction, and do so before giving them a chance to appeal their convictions and sentences. When a conviction is overturned, the state typically refunds fines and most other monetary exactions but seldom compensates for the loss of liberty. In Nelson, the Supreme Court addressed an unusual case in which the state did not return the money and that refusal was approved (purportedly …

Neil Gorsuch And The Ginsburg Rules, Lori A. Ringhand, Paul M. Collings Jr.

Scholarly Works

Supreme Court nominees testifying before the Senate Judiciary Committee frequently invoke the so-called “Ginsburg Rule” to justify not answering questions posed to them. According to this “rule,” nominees during their testimony must avoid signaling their preferences about previously decided Supreme Court cases or constitutional issues. Using empirical data on every question asked and answered at every hearing from 1939–2017, we explore this “rule,” and its attribution to Justice Ruth Bader Ginsburg. We demonstrate three things. First, the Ginsburg Rule is poorly named, given that the practice of claiming a privilege to not respond to certain types of questions predates the …

Measuring Law School Clinics, Colleen F. Shanahan, Jeffrey Selbin, Alyx Mark, Anna E. Carpenter

Faculty Scholarship

Legal education reformers have long argued that law school clinics address two related needs: first, clinics teach students to be lawyers; and second, clinics serve low-income clients. In clinics, so the argument goes, law students working under the close supervision of faculty members learn the requisite skills to be good practitioners and professionals. In turn, clinical law students serve clients with civil and criminal justice needs that would otherwise go unmet.

Though we have these laudable teaching and service goals – and a vast literature describing the role of clinics in both the teaching and service dimensions – we have …

Dangerous Defendants, Sandra G. Mayson

Scholarly Works

Bail reform is gaining momentum nationwide. Reformers aspire to untether pretrial detention from wealth (the ability to post money bail) and condition it instead on statistical risk, particularly the risk that a defendant will commit crime if he remains at liberty pending trial. The bail reform movement holds tremendous promise, but also forces the criminal justice system to confront a difficult question: What statistical risk that a person will commit future crime justifies short-term detention? What about lesser restraints, like GPS monitoring? Although the turn to actuarial risk assessment in the pretrial context has engendered both excitement and concern, the …

The Scale Of Misdemeanor Justice, Megan T. Stevenson, Sandra G. Mayson

Scholarly Works

This Article seeks to provide the most comprehensive national-level empirical analysis of misdemeanor criminal justice that is currently feasible given the state of data collection in the United States. First, we estimate that there are 13.2 million misdemeanor cases filed in the United States each year. Second, contrary to conventional wisdom, this number is not rising. Both the number of misdemeanor arrests and cases filed have declined markedly in recent years. In fact, national arrest rates for almost every misdemeanor offense category have been declining for at least two decades, and the misdemeanor arrest rate was lower in 2014 than …

Brain Development, Social Context And Justice Policy, Elizabeth S. Scott, Natasha Duell, Laurence Steinberg

Faculty Scholarship

This article examines the role played by biological and psychological factors associated with adolescent criminal activity in the context of justice policy reform and its critics. Scott, Duell, and Steinberg assert that risk-taking behavior in adolescence is not solely associated with biological and psychological immaturity, but rather exists as a dynamic interaction between those factors and the individual social context. This interactive model of juvenile offending supports the trend of treating juveniles differently than adults in the criminal justice system and clarifies how correctional programs are crucial in either undermining or promoting healthy development in adolescents.

Our Regionalism, Jessica Bulman-Pozen

Faculty Scholarship

This article provides an account of Our Regionalism to supplement the many accounts of Our Federalism. After describing the legal forms regions assume in the United States — through interstate cooperation, organization of federal administrative agencies, and hybrid state-federal efforts — it explores how regions have shaped American governance across the twentieth and early twenty-first centuries.

In the years leading up to the New Deal, commentators invoked regions to resist centralization, arguing that state coordination could forestall expansion of the federal government. But regions were soon deployed to a different end, as the federal government relied on regional administration to …

The Lived Experiences Of African American Noncustodial Fathers In Tennessee, Anovia L. Slaughter

Walden Dissertations and Doctoral Studies

There is a disproportionate number of African American fathers in the State of Tennessee that experience parenting and child support disparities when compared to single parents of other ethnicities. The purpose of this general qualitative study was to examine the experiences of African American noncustodial fathers and to examine the impact of the codification of Tennessee family laws. The theoretical frameworks for this study were critical race theory, and social construction and policy design. The key research questions examined the lived experiences of African American noncustodial fathers in the State of Tennessee and how the codification of Tennessee family laws …