Digital Commons Network^™

Volume 103, Number 1 (Spring 2019)

Judicature

No abstract provided.

Policing The Admissibility Of Body Camera Evidence, Jeffrey Bellin, Shevarma Pemberton

Vanderbilt Law School Faculty Publications

Body cameras are sweeping the nation and becoming, along with the badge and gun, standard issue for police officers. These cameras are intended to ensure accountability for abusive police officers. But, if history is any guide, the videos they produce will more commonly be used to prosecute civilians than to document abuse. Further, knowing that the footage will be available as evidence, police officers have an incentive to narrate body camera videos with descriptive oral statements that support a later prosecution. Captured on an official record that exclusively documents the police officer's perspective, these statements-for example, "he just threw something …

An Education Implementation Project In An Emergency Department To Increase Awareness And Referral For Trafficked Person Encounters, Stacey Lynn Alderman

Doctoral Dissertations and Projects

Human trafficking impacts sufferers on a global scale with serious and lifelong health issues associated with the illegal practice. Interventions for these victims’ extensive health issues must ignite healthcare staff education and expert clinical interventions. Due to these health problems, healthcare staff function on the front lines to identify and help trafficked persons. This study focused on the scope of trafficking and health staff awareness, identification strategies to help recognize trafficked persons, techniques for interviewing, best practice strategies for intervention and referral, and new coding guidelines. During the intervention, health staff received a human trafficking pre-education questionnaire, a research supported …

Transforming Rehabilitation: The Impact Of Austerity And Privatisation On Day-To-Day Cultures And Working Practices In 'Probation', Samantha Walker, Jill Annison, Sharon Beckett

Plymouth Business School

Viewed as a culmination of broader neoliberal governance within the UK, this paper examines the impact of the government’s Transforming Rehabilitation (TR) agenda on day-to-day working cultures at the frontline of probation work. TR has brought with it extensive structural and cultural changes to probation work in England and Wales. Once a single public-sector service with a social welfare ethos of ‘advise, assist and befriend’, probation has been dismantled, partially privatised and culturally transformed into a collection of fragmented, target-driven organisations, divided according to risk and with an official rhetoric emphasising public protection. The implications of TR are now starting …

Unjust Cities? Gentrification, Integration, And The Fair Housing Act, Olatunde C.A. Johnson

University of Richmond Law Review

What does gentrification mean for fair housing? This article considers the possibility that gentrification should be celebrated as a form of integration alongside a darker narrative that sees gentrification as necessarily unstable and leading to inequality or displacement of lower-income, predominantly of color, residents. Given evidence of both possibilities, this article considers how the Fair Housing Act might be deployed to minimize gentrification’s harms while harnessing some of the benefits that might attend integration and movement of higher-income residents to cities. Ultimately, the article urges building on the fair housing approach but employing a broader set of tools to advance …

Sexual Assault Campus Climate Surveys: Insights From The First Wave, Kristen M. Budd, Alana Van Gundy, Rose Marie Ward, Glenn W. Muschert

Dignity: A Journal of Analysis of Exploitation and Violence

One tool to help institutions of higher education (IHEs) to address campus sexual assault is the campus climate survey (CCS); yet little is known about the CCS implementation process. This study used a mixed methods approach to examine the implementation process of CCSs deployed during the 2015/16 academic year at 244 IHEs throughout the United States. Quantitative results indicate CCSs were designed primarily by the Title IX officer and campus administration; assessed victimization rates and knowledge about campus resources; and were voluntary. Qualitative findings generate concerns surrounding generalizability, participation rates, validity of data, and suggestions for improvement for future CCSs.

End Matter

Journal of International Business and Law

No abstract provided.

Federalization’S Folly, Stephen F. Smith

San Diego Law Review

Overcriminalization and overpunishment are the two key features of federal criminal law today, yet the “federalization” of criminal law has accomplished precious little in terms of public safety. The failed drug war proves as much: federal prosecutors have filled the nation’s prisons with low-level drug dealers and drug users serving long sentences, but drugs remain widely available at greater purity and lower prices throughout the land—and drug overdoses are at record highs. Instead of focusing on areas of federal comparative advantage, such as terrorism, international drug trafficking, and organized crime, federal prosecutors waste scarce resources “playing district attorney”—that is to …

Prosecuting The Executive, Tiffany R. Murphy

San Diego Law Review

A special counsel is appointed to investigate and potentially prosecute any criminal activity involving those in the Executive Branch. When an attorney general makes such a decision, the individual should consider not only the scope of the appointment but whether the special counsel will protect the fundamental rules of law upon which the Constitution rests; no one person is above the law. Recent history illustrates the abuses of the special prosecutor’s role where it was used as a political weapon or for low level officials. Instead, a special counsel should be used only when the crisis is severe enough that …

Eddie Murphy And The Dangers Of Counterfactual Causal Thinking About Detecting Racial Discrimination, Issa Kohler-Hausmann

Northwestern University Law Review

The model of discrimination animating some of the most common approaches to detecting discrimination in both law and social science—the counterfactual causal model—is wrong. In that model, racial discrimination is detected by measuring the “treatment effect of race,” where the treatment is conceptualized as manipulating the raced status of otherwise identical units (e.g., a person, a neighborhood, a school). Most objections to talking about race as a cause in the counterfactual model have been raised in terms of manipulability. If we cannot manipulate a person’s race at the moment of a police stop, traffic encounter, or prosecutorial charging decision, then …

Prosecuting In The Shadow Of The Jury, Anna Offit

Northwestern University Law Review

This Article offers an unprecedented empirical window into prosecutorial discretion, drawing on research between 2013 and 2017. The central finding is that jurors play a vital role in federal prosecutors’ decision-making, professional identities, and formulations of justice. This is because even the remote possibility of lay scrutiny creates an opening for prosecutors to make commonsense assessments of (1) the evidence in their cases, (2) the character of witnesses, defendants, and victims, and (3) their own moral and professional character as public servants. By facilitating explicit consideration of the fairness of their cases from a public vantage point, I argue that …

Surviving The Alamo, Violence Vengeance, And Women’S Solidarity In Emma Pérez’S Forgetting The Alamo, Or, Blood Memory, Adrianna M. Santos

English Faculty Publications (Archived)

This article analyzes Chicana feminist texts to frame a discussion of survival as a theoretical concept. Using Emma Pérez’s historical novel Forgetting the Alamo, Or, Blood Memory as a window into the decolonial imaginary, I introduce the concept of survival narrative as a framework for analysis of Chicana literature, and briefly review Chicana feminist theory to support the argument. Examples from Perez’s novel illustrate the power of the survival narrative to advance a decolonial perspective. The novel reinscribes mainstream representations of gender violence that characterize the traditional Western by focusing on the empowerment that comes from solidarity amongst women and …

Do College Students’ Perceptions Of The Police Differ By Education Level And Major?, Lashanti Wilson Brown

Theses and Dissertations

Little is known about the impact that higher education has on students’ perceptions of the police, especially with respect to justice education. This study examines perceptions of the police among college students at Illinois State University. It questions how differences in education levels, major, race, age, and gender affect student perceptions about the police. A 55-question online survey was administered to 451 students at Illinois State University.

Results revealed that those with more education did not have significantly different contact with police officers than those with less education, however, they were significantly more likely to report negative attitudes towards the …

Reforming Competence Restoration Statutes: An Outpatient Model, Susan A. Mcmahon

Georgetown Law Faculty Publications and Other Works

Defendants who suffer from mental illness and are found incompetent to stand trial are often ordered committed to an inpatient mental health facility to restore their competence, even if outpatient care may be the better treatment option. Inpatient facilities are overcrowded and place the defendants on long waiting lists. Some defendants then spend weeks, months, or even years in their jail cell, waiting for a transfer to a hospital bed.

Outpatient competence restoration programs promise to relieve this pressure. But even if every state suddenly opened a robust outpatient competence restoration program, an obstacle looms: the statutes governing competence restoration, …

The Bureaucratic Takeover Of Criminal Sentencing, Maimon Schwarzschild

New Mexico Law Review

A tendency towards more bureaucracy is notable in various public and private American institutions in recent times. The courts have not been immune to this trend. Perhaps the most interesting and almost certainly the most consequential rise of bureaucracy over the courts in the past quarter century has been the transfer of power and discretion over criminal sentencing from federal judges to a bureaucratic sentencing commission. If only as a dramatic instance of growing regulatory power at the expense of the judiciary, it is worth considering how this happened, why it happened, what the legal consequences for the criminal justice …

Restoring Reputational Rights Through A Government Publication Of A Declaration Of Innocence, Brent Miller

Brigham Young University Journal of Public Law

In a society that has become increasingly interconnected through advancements in technology, the stig matizing consequences of a false criminal accusation or conviction ca n be devastating. Ironically, unlike the technological advancements societ y has experienced, the ability to protect one’s reputation from such harm requires using the same limited remedies that existed decades ago. With few effective remedies available, those who have been falsely accused or convicted of a crime are without adequate ways to restore their reputations. To fill this remedial void, the federal government should create a forum whereby an individual’s innocence might be published as government …

March 7, 2019: Agenda, University Of North Dakota

University Senate Meeting Minutes

Agenda for the March 7, 2019, meeting of the University Senate. 49 pages

Cyber Crime: A Portrait Of The Landscape, Sm Furnell, S Dowling

School of Engineering, Computing and Mathematics

This paper reviews current evidence in relation to scale and impacts of cyber crime, including various approaches to defining and measuring the problem. A review and analysis of survey evidence is used to enable an understanding of the scope and scale of the cyber crime problem, and its effect upon those experiencing it. The analysis evidences that cyber crime exists in several dimensions, with costs and harms that can be similarly varied. There is also a sense that, moving forward, the 'cyber' label will become somewhat redundant as many crimes have the potential to have a technology component. The key …

Issue 2: Imagining A Community-Led, Multi-Service Delivery Model For Ontario Child Welfare: A Framework For Collaboration Among African Canadian Community Partners, Jennifer Clarke, Julian Hasford, Leyland Gudge, Sonia Mills-Minster

Journal of Law and Social Policy

This article imagines a new model for child welfare in Ontario, specifically for African Canadian children, youth, and families. Throughout the article, we discuss both what needs to be changed and how those changes can be achieved, including the development and implementation of community-led organizational structures, programs, and services, and the restructuring of government-community relations and funding allocation, to enable African Canadian community-based agencies to deliver preventative, culturally relevant, family-centred supportive services to African Canadians. The article outlines the development of a community-led, multi-service delivery model for Ontario child welfare, and the potential challenges and opportunities for the delivery of …

Issue 2: Reimagining Child Welfare Systems In Canada, Janet Mosher, Jeffery Hewitt

Journal of Law and Social Policy

Contributions to volume 28:1 of the JLSP offered poignant insights into the root sources of the overrepresentation of Indigenous and African Canadian children and families in state child welfare systems, highlighting the role of poverty, racism, discrimination, and ongoing colonial violence. The contributions to this volume, 28:2, offer insights to deepen our understanding of the roots of overrepresentation, as well as concrete strategies with the potential to dramatically improve outcomes for children, families, and communities. As with volume 28:1, the contributions here arise from a symposium, Reimagining Child Welfare Systems in Canada, held 21 October 2016 and co-hosted by the …

Cambodian American Views Of Partnerships In Public Education, Peter T. Keo

Journal of Southeast Asian American Education and Advancement

This study elicited the views of Cambodian American adults regarding public school partnerships. The central argument is that the paucity of extant literature and research on Southeast Asian American (SEAA) family-school partnerships in public education renders these individuals invisible. Given the fluid and dynamic lived experiences across and within the SEAA community, there is a critical need for empirical research that addresses issues particular to ethnic groups. Surveys and semi-structured interviews were utilized to collect data from Cambodian American respondents. Findings suggested the importance of culture and structure in building critical partnerships.

The Collegian: February 27, 2019, The Collegian Staff, South Dakota State University

The Collegian, 2018-2019

Volume: 134

Issue: 17

Mass Shooting Films: Myths, Academic Knowledge, And Popular Criminology, Jason R. Silva

Publications and Research

The author compares cinematic constructions of mass shooting perpetrators, victims, and social factors against academic knowledge and news media to determine how films perpetuate myths, reinforce academic knowledge, and act as a source of popular criminology. Cinematic findings highlight perpetrators as young, White, school shooters, and motivation types including fame seeking and defeated by society. Films construct diverse forms of victimization involving direct victims, indirect victims, and perpetrators as victims. Finally, movies emphasize sensational news media coverage as a contributing social factor. Implications of these findings suggest films blend with news media misconceptions and perpetuate myths that reinforce stereotypes of …

February 27, 2019, The Daily Mississippian

Daily Mississippian (all digitized issues)

No abstract provided.

The Indiana Statesman, February 26, 2019, Indiana State University

Student Newspaper

President's Concert gives 14 ISU musicians a night of fame; Oscars 2019: 24 awards the Oscars should have given out

Police Legitimacy In Trinidad And Tobago: Resident Perceptions In A High-Crime Community, Ericka B. Adams

Faculty Publications

Violent crime in Trinidad and Tobago has increased over the last two decades, yet the police have been largely unsuccessful in reducing violence. Between 1999 and 2016, the murder rate increased by 475%. Despite the fact that the murder rate has increased, approximately 76 homicides are cleared each year, resulting in a low-homicide clearance rate. Using 40 semi-structured interviews with community members from a high-crime, low-income community in Trinidad and Tobago, this study examines residents’ experiences with police officers, and respondents’ willingness to work with the police to clear criminal cases. The results indicate that due to a lack of …

Daily Eastern News: February 26, 2019, Eastern Illinois University

February

No abstract provided.

Private School Choice And Character: More Evidence From Milwaukee, Corey Deangelis, Patrick J. Wolf

Education Reform Faculty and Graduate Students Publications

We examine the effects of Milwaukee’s school voucher program on adult criminal activity and paternity suits. Using matched student-level data, we find that exposure to the program in 8th or 9th grade predicts lower rates of conviction for criminal activity and lower rates of paternity suits by ages 25 to 28. Specifically, exposure to the MPCP is associated with a reduction of around 53 percent in drug convictions, 86 percent in property damage convictions, and 38 percent in paternity suits. The program effects tend to be largest for males and students with lower levels of academic achievement at baseline.

Voices From Drug Court: Partnering To Bring Historically Excluded Communities Into The Archives, Randy Williams, Jennifer Duncan

Journal of Western Archives

While many archivists have evolved their professional scope to bring diversity into their collections, we posit that much can still be done. One area for growth is greater work by archival professionals to partner with communities to help them tell and preserve their own stories, incorporating a community’s own perspective and goals. This article discusses the community-based project between the Cache Valley Utah Drug Court and Utah State University Library’s Special Collections & Archives. The project was conceived and co-managed by Andrew Dupree (name used with permission), a participant and now graduate of the Cache Valley Drug Court. Perhaps the …

The Ticker, February 25, 2019

The Ticker

The Ticker is the student newspaper of Baruch College. It has been published continuously since 1932, when the Baruch College campus was the School of Business and Civic Administration of the City College of New York.