Digital Commons Network^™

Therapeutic Expression, Jennifer Kinsley

Emory Law Journal

This Article explores the relationship between free speech and harm. Examining the historical First Amendment justifications, it argues that harm is a relevant criterion in determining the scope of speech protection. But this Article also resists the notion that speech should be restricted solely based upon resultant damage, demonstrating instead that the freedom to speak freely actually forestalls rather than causes individual and societal harm. Drawing upon psychological and sociological theories related to the treatment of sex offenders, the Article posits that the ability to engage in free expression is critical to preventing physical and emotional damage to others. Individuals …

Extraterritoriality And The Regulatory Power Of The United States: Featured Issues Of Sovereignty, Legitimacy, Accountability, And Democracy, Alina Veneziano

University of Baltimore Journal of International Law

Extraterritoriality is a negative form of transnationalism. It creates a paradox among state regulatory power because extraterritoriality can both govern the conduct of the state and also constrain the state in reacting to future transnational changes. In governing the state, extraterritoriality provides the state with the power to impose standards to control the activities within its borders. On the other hand, extraterritorialty constrains the state by hindering multi-state progression towards more efficient transnational developments. States have traditionally captured their autonomy in sovereignty, but extraterritorialty challenges this notion. This was an inevitable result, as extraterritoriality became a natural consequence that resulted …

Third-Class Citizenship: The Escalating Legal Consequences Of Committing A “Violent” Crime, Michael M. O'Hear

Faculty Publications

For many years, American legislatures have been steadily attaching a wide range of legal consequences to convictions — and sometimes even just charges — for crimes that are classified as “violent.” These consequences affect many key aspects of the criminal process, including pretrial detention, eligibility for pretrial diversion, sentencing, eligibility for parole and other opportunities for release from incarceration, and the length and intensity of supervision in the community. The consequences can also affect a person’s legal status and rights long after the sentence for the underlying offense has been served. A conviction for a violent crime can result in …

Digital Commons Annual Summary 2018, Tabitha Ochtera Mlis

DigitalCommons@Molloy Annual Summary

The DigitalCommons@Molloy Annual summary typically includes: readership totals, usage metrics such as downloads and metadata hits, and top performing items and profiles. Other areas that can be included are any new series or features, refresh or updates to the site design, and any future project plans.

The People V. Their Universities: How Popular Discontent Is Reshaping Higher Education Law, Ben L. Trachtenberg

Faculty Publications

Surveys taken since 2015 reveal that Americans exhibit stark partisan divisions in their opinions about colleges and universities, with recent shifts in attitudes driving changes to higher education law. In recent years, Democrats have become slightly more positive about higher education. Concurrently, Republicans have become extremely more negative, and a majority of Republicans now tells pollsters that colleges and universities have an overall negative effect on the country.

Particularly in legislative chambers controlled by Republicans, public and elite dissatisfaction with higher education has led to legal interventions into the governance of universities, with new laws related to faculty tenure, the …

Three Lessons For Criminal Law Reformers From Locking Up Our Own, Rachel E. Barkow

Faculty Articles

James Forman Jr.’s Locking Up Our Own is that rare nonfiction work that is a page turner even when you know the ending. That is the product of exceptional writing, meticulous historical research, and the deep empathy of the author that gives the book its voice throughout. That is why it was both a worthy recipient the Pulitzer Prize and a feature on The Daily Show with Trevor Noah. It is as insightful as it is entertaining, and if you do not already own a copy, you should. In my commentary, I want to highlight three key arguments from Forman’s …

Ideological Analysis Of Colorblindness In Get Out, Danielle Goldstein

OUR Journal: ODU Undergraduate Research Journal

This ideological analysis of the horror film, Get Out, directed by Jordan Peele investigates three major ideological aspects that are poignant to the film. The main ideology that will be examined is “colorblindness” also known as colorblind racism, which is the belief or attitude that denying the existence of race will cure racism and achieve racial equality. The two other sub-ideologies that will be examined are multicultural racism and post-racism, as they are both facets of colorblindness and work together to reinforce one another in society. Colorblindness is apparent in the film’s dialogue that reveal attitudes regarding interracial dating …

The "Murder Scene Exception"—Myth Or Reality? Empirically Testing The Influence Of Crime Severity In Federal Search-And-Seizure Cases, Jeffrey A. Segal, Avani Mehta Sood, Benjamin Woodson

Faculty Articles

Prior experimental studies suggest that judges are susceptible to cognitive biases when making legal decisions, such as being motivated by the legally irrelevant nature of a defendant’s crime when determining the admissibility of challenged evidence. However, that research has been constrained to hypothetical cases, limiting the real-world conclusions that can be drawn from it. Addressing this empirical gap, we offer a novel observational analysis that tests the influence of crime severity on suppression outcomes in actual search-and-seizure cases from U.S. Courts of Appeals. Using legislative criminal penalties to measure crime severity, our analysis shows that as crime severity increases, judges …

Attempted Justice: Misunderstanding And Bias In Psychological Constructions Of Criminal Attempt, Avani Mehta Sood

Faculty Articles

How do jurors construe and apply facts and law to decide the point at which a defendant’s thoughts and actions cross the line from being legally innocent to criminal? And under what doctrinal circumstances are such lay constructions of criminality vulnerable to legal misunderstanding and bias? Although these are high-stakes questions, the black box of the jury room leaves the legal system largely in the dark about the answers. Shining an empirical light on this domain, this Article employs tools of psychology to investigate how lay decisionmakers construe and apply legal standards for criminal attempt—a doctrine that imposes liability when …

Changes In Student Definition Of De-Escalation In Professional Peace Officer Education, Pat Nelson

Criminal Justice Department Publications

Since the release of the 21st century policing report in the United States, the techniques of de-escalation have received a lot of attention and focus in political systems, policy changes, and the media. The challenge in professional peace officer education is that there is a vast range of defining de-escalation and understanding the various techniques involved, many of which are based on popular media. This research surveyed professional peace officer education university students on their definition of de-escalation and the techniques associated with de-escalation before specific communications coursework was completed. The students were then surveyed after the communication coursework was …

Using Behavioral Skills Training To Teach Children With Autism To Seek Help From Law Enforcement Officers When Lost, Greta Kos

All Graduate Theses, Dissertations, and Other Capstone Projects

Children with Autism Spectrum Disorder (ASD) are at an elevated risk of becoming lost in situations due to running away or wandering behaviors. When children with ASD become lost it may be difficult for them to effectively and efficiently seek help from community helpers in a safe manner due to communication deficits and poor social skills. This study aims to teach children with ASD how to identify when they are lost and how to seek help from police officers in the community by vocalizing the problem and using a communication card. Generalization probes were conducted with three children diagnosed with …

Properly Accounting For Domestic Violence In Child Custody Cases: An Evidence-Based Analysis And Reform Proposal, 26 Mich. J. Gender & L. 1 (2019), Debra P. Stark, Jessica M. Choplin, Sarah Wellard

UIC Law Open Access Faculty Scholarship

Promoting the best interests of children and protecting their safety and well-being in the context of a divorce or parentage case where domestic violence has been alleged has become highly politicized and highly gendered. There are claims by fathers’ rights groups that mothers often falsely accuse fathers of domestic violence to alienate the fathers from their children and to improve their financial position. They also claim that children do better when fathers are equally involved in their children’s lives, but that judges favor mothers over fathers in custody cases. As a consequence, fathers’ rights groups have engaged in a nationwide …

The Impact Of The Cook County State’S Attorney’S Office Deferred Prosecution Program, Christine George, John Orwat, Don Stemen, Jennifer Cossyleon, Whitney Key

Criminal Justice & Criminology: Faculty Publications & Other Works

This paper analyzes the impact of the Cook County State’s Attorney’s Office Deferred Prosecution Program (DPP) on participation outcome patterns and compares recidivism rates between a sample of DPP participants (695) and a comparison group (991) of defendants found guilty through traditional adjudication from February 28, 2011 and December 5, 2012 with recidivism rates through June 6, 2014. Binary logistic and cox proportional regressions were utilized to evaluate the program. No statistically significant difference in re-arrest rates was found for a sample of DPP participants and a comparison group of defendants found guilty through traditional adjudication. However, DPP did have …

2019 Commencement Program, Morehead State University. Registrar's Office.

Morehead State Commencement Programs

2019 commencement programs of Morehead State University.

Some Doubts About “Democratizing” Criminal Justice, John Rappaport

Public Law and Legal Theory Working Papers

The American criminal justice system’s ills are by now so familiar as scarcely to bear repeating: unprecedented levels of incarceration, doled out disproportionately across racial groups, and police that seem to antagonize and hurt the now distrustful communities they are tasked to serve and protect. Systemic social ailments like these seldom permit straightforward diagnoses, let alone simple cures. In this case, however, a large, diverse, and influential group of experts—the legal academy’s “democratizers”—all identify the same disease: the retreat of local democratic control in favor of a bureaucratic “machinery” disconnected from public values and the people themselves. Neighborhood juries, for …

The Obscure Legacy Of Mass Incarceration: Parole Board Abuses Of People Serving Parole Eligible Life Sentences, Alejo Rodriguez

City University of New York Law Review

No abstract provided.

The Efficacy Of Meditation-Based Treatments In Relapse Prevention For Persons With Substance Use Disorders, Florence C. Bates

Honors Undergraduate Theses

Substance abuse is a global problem that has contributed to a variety of societal, financial, health, and familial strains. An increasing prevalence of illicit drug, prescription opioids, and alcohol abuse has created a need for re-evaluation of recovery and relapse treatments. This literature review examines the efficacy of meditation-based treatments for relapse prevention in persons recovering from Substance Use Disorders (SUDs). A comparative analysis of Mindfulness Based Relapse Programs (MBRP), an adapted MBRP-W program, and a Transcendental Meditation (TM) intervention was used to examine the success of meditation-based interventions. Research supports improvements associated with the meditation-based interventions including significant reductions …

A Review Of The Wrongful Convictions Reader: A Comprehensive Resource For Students, Faculty, And Practitioners, Stephanie Roberts Hartung

Cardozo Law Review de•novo

Professor Stephanie Roberts Hartung reviews The Wrongful Convictions Reader, a 2019 book by Russell D. Covey and Valena E. Beety.

Effective Assistance Of Counsel? An Empirical Study Of Defense Attorneys’ Decision-Making In False-Confession Cases, Sara C. Appleby, Hadley R. Mccartin

Cardozo Law Review de•novo

Although there is considerable literature on the causes of false confessions and the effects confession evidence has on juror decision-making, little research has examined attorneys’ decision-making in disputed confession cases. As the intervening step between when the confession is elicited and the case is resolved, it is crucial that research examine effects of confession evidence on this population. The current studies investigate defense attorneys’ knowledge and perception of key interrogation and confession issues as well as their decision-making in a disputed confession case. Overall, results show that defense attorneys are knowledgeable about key interrogation and confession issues and are aware …

An Exploration Of Law Enforcement Officers’ Training Experiences, Training Needs, And Interactions Related To Autism Spectrum Disorder, Kirsten Scheil Railey

Theses and Dissertations--Educational, School, and Counseling Psychology

Although research confirms the effectiveness of training to improve law enforcement officers’ awareness and knowledge of people with intellectual disability, learning disabilities, and mental health disorders (Bailey, Barr, & Bunting, 2001; McAllister, Bailey, & Barr, 2002; Scantlebury et al., 2017; Wood & Watson, 2017), research related to the efficacy of autism-specific law enforcement training is limited. In order to provide up-to-date information regarding training for LEOs related to autism spectrum disorder (ASD), a systematic review of the literature was conducted for the first study. Adhering to the Preferred Reporting Items for Systematic Reviews and Meta-Analyses for Protocols 2015 (PRISMA), a …

Influence Of Implicit-Bias Training On The Cultural Competency Of Police Officers, Marvin Whitfield

Walden Dissertations and Doctoral Studies

Highly publicized media events involving African American men and the use of deadly force by police officers have occurred between 2013 and 2014. These events have emphasized the need to examine the influence of implicit bias training on police officers' decision-making processes. During the past two decades, Community Oriented Policing Services has invested several billion dollars in training programs designed to eliminate racial bias within the law enforcement community. The purpose of this qualitative study was to examine how implicit-bias training influences the decision-making processes of police officers. More specifically, this study examined the perceptions of police officers regarding the …

Characteristics Of Cause Of Death, Victim, Crime, Offender, And Familial Relationship, William J. Reilly

Walden Dissertations and Doctoral Studies

Broad personality or global traits are unlikely to assist in solving capital crimes, so forensic psychologists have begun to focus on characteristics of the crime to create differentiating profiles. The purpose of this study was to determine if offender and victim characteristics and method of murder could provide cluster profiles differentiating familial relationship between offender and victim. Guided by classical conditioning theory and social learning theory, an archival database of 147 capital offenders responsible for 506 victims was analyzed. Cluster analysis yielded 3 distinct profiles. Compared to other clusters, Cluster 1 offenders tended to be Black and unfamiliar with their …

Gundy And The Civil-Criminal Divide, Jenny M. Roberts

Scholarly Articles in Law Reviews & Journals

It could have been the case that declared “most of Government ... unconstitutional,” by reviving a robust application of the doctrine that prohibits Congress from delegating its law-making power to the other branches. At least that is what many awaiting the Court’s widely-anticipated 2019 decision in Gundy v. United States believed, after the Court agreed to decide whether “Congress unconstitutionally delegated legislative power when it authorized the Attorney General to ‘specify the applicability’ of [the federal Sex Offender Registration and Notification Act]’s registration requirements to pre-Act offenders.” Gundy did not deliver on its potential to upend the administrative state. Instead, …

A Qualitative Content Analysis Of The Impact Of The Media On The Opioid Crisis, Mark Haskins

Department of Conflict Resolution Studies Theses and Dissertations

This study examined the systematic shift in the decades-old ‘war on drugs’ from its roots in criminality to what is now viewed as a public health crisis due in part to the media framing of the crisis and perhaps, more importantly, a shift in the socioeconomic status of current drug users. This research utilized a qualitative content analysis approach to examine print news media articles from the top producers of print news in the United States. Through a content analysis methodology, these articles were examined, and several patterns emerged, and the themes explored further. Some of the more critical themes …

“To Gallop Together To War Is Simple-- To Make Peace Is Complex” Indigenous Informal Restorative Conflict Resolution Practices Among Kazakhs: An Ethnographic Case Study, Ronald Brooks Wiley

Department of Conflict Resolution Studies Theses and Dissertations

Advocates of restorative and transitional justice practice have long drawn from practices of indigenous peoples to form the basis for more sustainable, relational, participatory, community-based approaches to conflict resolution. With the resurgence in Kazakh nationalism since the Republic of Kazakhstan independence, repatriated diasporic Kazakhs, who through cultural survival in diaspora retain more of their ethno-cultural characteristics, influence a revival of Kazakh language and culture. The purpose of this study was to understand the indigenous informal restorative conflict resolution practices of the Kazakh people. The questions that drove this study were: What indigenous informal forms of dispute resolution have been in …

The Rise Of American Extremism: An Exploratory Analysis Of American Religious And Political Extremism From Presidents Jimmy Carter To Barack Obama: 1977-2016, Alwyn J. Melton

Department of Conflict Resolution Studies Theses and Dissertations

The purpose of this quantitative case study was to address the problem of domestic terrorism facing the United States. This concern led to a comprehensive examination of historical documents that focused on the temporal evolution of the problem beginning with the Carter administration and continuing through the Obama administration. The conceptual foundation centered on resolving the research question and validating three hypotheses directed at qualifying the escalation of domestic incidents of terrorism. This led to developing a behavioral model to assist law enforcement agencies in combating the issue of domestic terrorism. Bivariate and clustering statistical analysis validated the data while …

Truth Talks: How North America’S Truth And Reconciliation Commissions Engage The Public In Change, Lawrence Schooler

Department of Conflict Resolution Studies Theses and Dissertations

Within the last 15 years, the first three Truth and Reconciliation Commissions (TRCs) in North America formed and completed their work. Patterned after similar efforts in South Africa, Latin America, and elsewhere, the TRCs in Greensboro, North Carolina; Maine; and Canada heard voluntarily-offered testimony from members of the general public and key parties to decades-long conflicts. The Commissions also evaluated responsibility for the conflicts and offered recommendations for change in their respective communities and countries, informed by the testimonies they received.

This qualitative methods multiple case study of the three Commissions’ recommendations involved archival research and data analysis of testimony …

Back To Addams And Richmond: Was Social Work Really A Divided House In The Beginning?, John B. Thompson, Richard Spano, Terry L. Koenig

The Journal of Sociology & Social Welfare

Social work has experienced unique tensions related to its professional identity and dual purpose of social reform and individualized treatment. Scholars have represented this dual purpose, epitomized by Jane Addams and Mary Richmond, as indicating irreconcilable differences. The purpose of this paper is to investigate the writings and speeches of Mary Richmond and Jane Addams, and, based on this inquiry, to assert that their respective approaches to social work are much more unified than often suggested. Specific themes examined include: acceptance and need for each other’s perspectives; compatibility and unity of perspectives; and their collaboration as critical for effecting social …

Integrating Sociological And Psychological Perspectives On Collective Efficacy, Michael Gearhart

The Journal of Sociology & Social Welfare

Collective efficacy is rooted in both psychology, and sociology. Discussions of the differences between the sociological and psychological conceptualization and operationalization of collective efficacy is limited. In psychology, collective efficacy reflects a group’s belief that collective action can be successful. In sociology, collective efficacy is a theory that describes the process by which social cohesion is activated as informal social control. Mutual efficacy was designed to incorporate the psychological concept of efficacy into collective efficacy theory. In this study, I conduct a multilevel confirmatory factor analysis to study the factor structure of social cohesion, mutual efficacy, and informal social control …

Don’T “Just Call The Social Worker”: Training In Structural Competency To Enhance Collaboration Between Healthcare Social Work And Medicine, Margaret Mary Downey, Joshua Neff, Kate Dube

The Journal of Sociology & Social Welfare

In this short paper, we argue that providing in-depth structural competency training to both social workers and physicians has the potential to promote a deeper collaboration between these two fields—to the benefit of patients as well as providers. We describe structural competency’s evolution as a pedagogical and practical framework in medicine and social work, then discuss three overlapping ways in which structural competency can enhance collaboration between physician and social work practitioners and educators. First, training in structural competency can fill gaps in both medical and social work education and training—namely a lack of curricula that consistently attend to the …