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The Consensus Myth In Criminal Justice Reform, Benjamin Levin

Scholarship@WashULaw

It has become popular to identify a “bipartisan consensus” on criminal justice reform, but how deep is that consensus, actually? This article argues that the purported consensus is largely illusory. Despite shared reformist vocabulary, the consensus rests on distinct critiques that identify different flaws and justify distinct policy solutions. The underlying disagreements transcend traditional left/right political divides and speak to deeper disputes about the state and the role of criminal law in society. The article offers a typology of the two prevailing, but fundamentally distinct, critiques of the system: (1) the quantitative approach (what I call the “over” frame); and …

Criminal Employment Law, Benjamin Levin

Scholarship@WashULaw

This Article diagnoses a phenomenon, “criminal employment law,” which exists at the nexus of employment law and the criminal justice system. Courts and legislatures discourage employers from hiring workers with criminal records and encourage employers to discipline workers for non-work-related criminal misconduct. In analyzing this phenomenon, my goals are threefold: (1) to examine how criminal employment law works; (2) to hypothesize why criminal employment law has proliferated; and (3) to assess what is wrong with criminal employment law. This Article examines the ways in which the laws that govern the workplace create incentives for employers not to hire individuals with …

Devil Take The Hindmost: Reform Considerations For States With A Constitutional Right To Bail, Jordan Gross

Faculty Law Review Articles

This Article submits that any meaningful discussion of bail reform at the state level must be jurisdiction-specific, and it must account for the practical, historical, and philosophical aspects of the state constitutional right to bailability. Part II of this Article is an overview of the origins and history of English and American bail law. Part III describes the role and regulation of commercial bail bonding in the United States. Part IV traces the history and current state of bail reform in the United States. Part V considers legal and practical barriers to reform unique to right-to-bail states, particularly jurisdictions without …

Deconstructing The Corporate Psychopath: An Examination Of Deceptive Behavior, Corey A. Shank

School of Economics and Finance Faculty Publications

This paper examines whether business students deceive others more often than non-business students. A cheap talk experiment and an ethics questionnaire are employed to examine the subject’s behavior. Fundamental differences, such as psychopathic personality, are used to examine their role in deceptive and unethical behavior. The results show that business students deceive others for personal gain more often than non-business students when there is the most to gain; however, business students find deception committed by others as unethical. Business students exhibit more psychopathic tendencies compared to non-business students, including being more likely to fit the prototypical psychopath profile. This fundamental …

Healthcare Cost Savings Through Telemedicine Use At Correctional State Facilities, Sydney Davis, Paulius Mui, Tamara Broadnax, David Collins, Vimal Mishra

Graduate Research Posters

Telemedicine offers both soft and hard return on investment, including cost savings avoidance and convenience of access to care. Incarcerated individuals represent a patient population that uniquely benefit from receiving care via telemedicine. They lack access to subspecialty care as prison facilities are located outside of urban areas, which is compounded by security risks, risk to individuals around inmates, and transportation cost to tertiary care facilities. To attend a brief in-office medical visit, an inmate requires hours of administrative support and logistical coordination, including appointment scheduling, transport arrangement and related fuel expense, and guard accompaniment - all at a financial …

Research And Graduate Studies Annual Report, 2018, Office Of Research And Graduate Studies, Illinois State University

Research and Graduate Studies Annual Report

No abstract provided.

Admissions Viewbook, 2018-2019, Illinois State University, Office Of Admissions

Admissions Viewbook

Recruitment booklet created by Illinois State University's Office of Admissions

Appointed Counsel And Jury Trial: The Rights That Undermine The Other Rights, Russell L. Christopher

Articles, Chapters in Books and Other Contributions to Scholarly Works

Do the Sixth Amendment rights to appointed counsel and jury trial unconstitutionally conflict with defendants' other constitutional rights? For indigents charged with felonies, Gideon v. Wainwright guarantees the right to appointed counsel; for misdemeanors, Scott v. Illinois limits the right to indigents receiving the most severe authorized punishment-imprisonment. Duncan v. Illinois limits the right to jury trial to defendants charged with serious offenses. Consequently, the greater the jeopardy faced by defendants, the greater the eligibility for appointed counsel and jury trial. But defendants' other constitutional rights generally facilitate just the oppositeminimizing jeopardy by reducing charges, lessening the likelihood of guilt, …

Endeavors In Solidarity: Lessons From Advantaged Group Members In Anti-Oppression Work, Kelly Walsh

Antioch University Dissertations & Theses

Systems of privilege and oppression operate throughout the United States and beyond, and affect all individuals in different ways and to varying degrees. The privilege (unearned access or advantages) experienced by one group of people is inherently linked to the oppression (systemic injustices or barriers) endured by another. Further, individuals can -- and most do -- experience both privilege and oppression in different aspects of their identity. Individuals experiencing oppression have long worked against the systems that harm them. Of interest in this exploration is the engagement of those who benefit from privilege. This study used an Interpretative Phenomenological Analysis …

Cultural Consultations In Criminal Forensic Psychology: A Thematic Analysis Of The Literature, Alesya Radosteva

Antioch University Dissertations & Theses

The importance of culture as a reference point in clinical practices such as forensic psychology has been considerably valued yet poorly understood, especially in an age where precision and sophistication outlast cultural authenticity and patient-clinician relationship. This paper looks at the gaps and inconsistencies that exist in current forensic psychology research. The topic is introduced by delving into the understanding of the phenomenon of culture and its influences on our everyday conditioning. Aspects such as language, biological development, traditions, rituals, and narratives are emphasized as potent tools that drive individuals to create and mold culture according to needs and requirements …

Six-Month Post-Release Outcomes For Inmates With Traumatic Brain Injury In Supported Community Programming, Elizabeth O. Ahlers

Graduate School of Professional Psychology: Doctoral Papers and Masters Projects

Traumatic brain injury (TBI) is a serious public health issue. The incidence of TBI is much higher in the incarcerated population than in the general population, making this a uniquely vulnerable population. Methods: This study looks at data from the Jail Based Behavioral Health Services (JBBS) to examine recidivism rates among inmates participating in supportive programming. It also uses data from a state brain injury program to examine the impact of case management on community engagement in the justice-involved population with a history of brain injury. Results: Statewide data for a population of inmates who elect to participate …

Judicial Appraisals Of Risk Assessment In Sentencing, John Monahan, Ann Metz, Brandon L. Garrett

Faculty Scholarship

No abstract provided.

A Pioneer In Forensic Science Reform: The Work Of Paul Giannelli, Brandon L. Garrett

Faculty Scholarship

No abstract provided.

Introduction: Symposium On “Forensics, Statistics, And Law”, Brandon L. Garrett

Faculty Scholarship

No abstract provided.

Understanding And Supporting Adults With Fetal Alcohol Spectrum Disorder - Strategies For Health Professionals: An Opinion Piece, Amy Martyniuk, Sherri Melrose

Internet Journal of Allied Health Sciences and Practice

Fetal Alcohol Spectrum Disorder (FASD) is a non-diagnostic umbrella term used to describe the spectrum of lifelong physical, mental and intellectual disabilities that can result from prenatal exposure to alcohol. Fetal Alcohol Spectrum Disorder is preventable when pregnant women abstain from drinking any type or amount of alcohol at any time during pregnancy. One in 100 children worldwide are affected. Prompt diagnosis and treatment referrals for infants and children improve functionality. Yet, conditions related to fetal alcohol exposure frequently remain unrecognized and untreated. Adults with both diagnosed and hidden Fetal Alcohol Spectrum Disorder experience significant cognitive, behavioral and executive functioning …

Dental Public Health In Action: Understanding Oral Health Care Needs And Oral Health-Related Quality Of Life In Vulnerable Adults In Plymouth, R Patel, R. Witton, R. Potterton, W. Smith, I. Kaimi

Peninsula Dental School

No abstract provided.

Beyond The Bosses' Constitution: The First Amendment And Class Entrenchment, Jedediah Purdy

Faculty Scholarship

The Supreme Court’s “weaponized” First Amendment has been its strongest antiregulatory tool in recent decades, slashing campaign-finance regulation, public-sector union financing, and pharmaceutical regulation, and threatening a broader remit. Along with others, I have previously criticized these developments as a “new Lochnerism.” In this Essay, part of a Columbia Law Review Symposium, I press beyond these criticisms to diagnose the ideological outlook of these opinions and to propose an alternative. The leading decisions of the antiregulatory First Amendment often associate free speech with a vision of market effi­ciency; but, I argue, closer to their heart is antistatist fear of entrench­ment …

Criminally Bad Management, Samuel W. Buell

Faculty Scholarship

Because of their leverage over employees, corporate managers are prime targets for incentives to control corporate crime, even when managers do not themselves commit crimes. Moreover, the collective actions of corporate management — producing what is sometimes referred to as corporate culture — can be the cause of corporate crime, not just a locus of the failure to control it. Because civil liability and private compensation arrangements have limited effects on management behavior — and because the problem is, after all, crime — criminal law is often expected to intervene. This handbook chapter offers a functional explanation for corporate criminal …

Why Do Prosecutors Say Anything? The Case Of Corporate Crime, Samuel W. Buell

Faculty Scholarship

Criminal procedure law does not require prosecutors to speak outside of court. Professional regulations and norms discourage and sometimes prohibit prosecutors from doing so. Litigation often rewards strategic and tactical maintenance of the element of surprise. Institutional incentives encourage bureaucrats, especially those not bound by procedural requirements of administrative law, to decline to commit themselves to future action. In the always exceptional field of corporate crime, however, the Department of Justice and federal line prosecutors have developed practices of signaling and describing their exercise of discretion through detailed press releases, case filings, and policy documents. This contribution to a symposium …

Addressing Individual And Community Needs In The Aftermath Of Campus Sexual Misconduct: Restorative Justice As A Way Forward In The Re-Entry Process, David R. Karp Phd

School of Leadership and Education Sciences: Faculty Scholarship

Restorative justice is an approach to incidents of harm involving a high level of support and accountability for people who cause harm. To date, there is no federal regulation nor commonly applied standard of care for re-entry to campus by a student who has been found responsible for sexual misconduct. Restorative justice re-entry circles represent a promising approach to the reintegration of students, taking into account the needs of the individual survivor, the student who violated policy, and the safety concerns of the campus community. Using a case study, this article outlines an example of a re-entry circle and discusses …

The U Visa's Failed Promise For Survivors Of Domestic Violence, Natalie Nanasi

Faculty Journal Articles and Book Chapters

Recognizing the unique vulnerabilities of immigrants who become victims of crime in the United States, Congress enacted the U visa, a form of immigration relief that provides victims, including survivors of domestic violence, a path to legal status. Along with this humanitarian aim, the U visa was intended to aid law enforcement in efforts to investigate and prosecute crime, based on the notion that victims without legal status might otherwise be too fearful to “come out of the shadows” by reporting offenses to the police. Although these two goals were purportedly coequal, in practice, by requiring survivors to cooperate with …

Devalued Liberty And Undue Deference: The Tort Of False Imprisonment And The Law Of Solitary Confinement, Efrat Arbel

All Faculty Publications

The law and practice of solitary confinement continues to be a source of rights violations in Canadian prisons. The practice, formally known as administrative segregation, isolates prisoners for 23 hours a day in dehumanizing conditions of confinement. In this paper, I examine the extent to which the tort of false imprisonment can compensate prisoners for unlawful or excessive segregation placements. This analysis is new: while some scholars have examined how other branches of tort law can address harms caused by segregation none have examined the application of this tort. I argue that because of its focus on liberty, dignity, and …

Bail And Mass Incarceration, Samuel Wiseman

Georgia Law Review

It is widely known that the United States has the highest incarceration rate in the developed world, and the causes and ramifications of mass incarceration are the subject of intense study. It is also increasingly widely recognized that the high rates of pretrial detention, often linked to the use of money bail, are unjust, expensive, and often counterproductive. But, so far, the links between money bail, pretrial detention, and mass incarceration have been largely unexplored. Our criminal justice system relies primarily on plea bargains to secure convictions at a relatively low cost. And, as shown by recent empirical work, the …

School Climate: Assessing A Universal Intervention Design To Reduce Academic Risks And Educate The Whole Child., Shay Michael Daily

Graduate Theses, Dissertations, and Problem Reports (ETD)

BACKGROUND: Health and education are inherently connected. Minimizing risky behaviors is essential for students’ academic success and health outcomes. A positive school climate may reduce student risks and promote greater satisfaction and success with school. The purpose of this dissertation was to determine the associations between school climate, academic grades, substance initiation, and types of school absences in a group of middle school students who transition into high school. METHODS: Longitudinal and cross-sectional analyses were used to examine study variables from middle and high school students across 26 regional schools located in West Virginia. RESULTS: Students with positive perceptions of …

Annual Report, Fiscal Year 2018, Tennessee. Department Of Correction

Annual Reports

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

The Relationship Between Alabama's Prison Reentry And Rehabilitative Programs And Recidivism, Kenneth Whitman

Walden Dissertations and Doctoral Studies

Recidivism is a vital concern to the Alabama Department of Corrections (ADOC), Alabama Board of Pardons and Parole (ABPP), taxpayers, and family members affected by the revolving door of inmates in and out of the Alabama prison system. Little, however, is understood about the relationship between the effectiveness of prison programs and rates of recidivism. Using social learning theory as a theoretical framework, the purpose of this study for the ADOC was to explore the nature of the relationship between prison program efficacy and improvements on recidivism. Data were collected through a convenience sample of 17 ADOC and 1 ABPP …

Impact Of Individualized Learning Plans On Educational Completion Among Incarcerated Youth, Laura Lee D'Anna

Walden Dissertations and Doctoral Studies

Interruptions to juvenile detainees' education often delay their progress toward high school completion. Implementing an individualized learning plan (ILP) has been suggested as a solution to this problem. The purpose of this case study was to explore how ILPs facilitate attainment of graduation among incarcerated youth. The study was guided by the Washington State legislative framework for individualized learning plans and the efforts of the Office of Juvenile Justice and Delinquency to increase educational opportunities. Three research questions were formulated to explore perceptions of local juvenile detention center educators and administrators regarding their experiences in the development, implementation, and effectiveness …

Workplace Bullying From A Nurses Perspective, Dawn Reid White

Walden Dissertations and Doctoral Studies

Bullying has long been associated with school children. In recent years, however, more attention has been paid to the bullying that has reached beyond the playground and into the workforce. One population facing this problem is staff nurses. To date, no one has found an effective way to address workplace bullying in the healthcare field, nor have effective methods been found for retaining trained nurses affected by this problem. The focus of this dissertation was on understanding nurses' lived experiences and how nurses decided to remain in their current working position despite these problems. Taking a phenomenological approach and using …

Sexism, Just-World Beliefs, And Defensive Attribution: Relationship To Online Discourse And Child Sexual Abuse, Andrea M. Barbis

Walden Dissertations and Doctoral Studies

Research has shown that individuals' willingness to believe a disclosure of childhood sexual abuse (CSA) is related to just-world beliefs, ambivalent sexism, and defensive attribution. However, researchers do not know whether these variables relate to posts made in response to online articles describing CSA. Negative or disbelieving posts may impact not only the author, but also readers who view these comments via hindrance of disclosures, increased self-blame, and avoidance of help seeking. In this quantitative study, just-world, ambivalent sexism, and defensive attribution theories provided the theoretical basis used to determine whether just-world beliefs, ambivalent sexism, and defensive attribution influenced comments …

Exploring Restorative Factors For Trafficked And Sexually Exploited Women, Carol C. Chilaka

Walden Dissertations and Doctoral Studies

Abstract

Many women who survived sex trafficking continue to suffer from severe and persistent psychological distress even after the traditional treatment and rehabilitation program. The lingering psychological symptoms that these survivors suffer make reintegration into their families and communities difficult. This phenomenological study identified the restorative factors that helped some women who were earlier engaged in sex trafficking to recover, readjust, and reintegrate into their families and communities. Six female survivors of human trafficking and six program directors/counselors at different rehabilitation centers were individually interviewed in in-depth with semi-structured questionnaires and audio recorded. I kept diary of my readings and …