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Capital And Punishment: Resource Scarcity Increases Endorsement Of The Death Penalty, Keelah E. G. Williams, Ashley M. Votruba, Steven L. Neuberg, Michael J. Saks

Department of Psychology: Faculty Publications

Faced with punishing severe offenders, why do some prefer imprisonment whereas others impose death? Previous research exploring death penalty attitudes has primarily focused on individual and cultural factors. Adopting a functional perspective, we propose that environmental features may also shape our punishment strategies. Individuals are attuned to the availability of resources within their environments. Due to heightened concerns with the costliness of repeated offending, we hypothesize that individuals tend toward elimination-focused punishments during times of perceived scarcity. Using global and United States data sets (studies 1 and 2), we find that indicators of resource scarcity predict the presence of capital …

Assessing Adler: The Weight Of Constitutional History And The Future Of Religious Freedom, Benjamin Berger

Articles & Book Chapters

This article approaches Adler v. Ontario as a distinctively useful perch from which to survey the history and future of the constitutional interaction of law and religion. The case is positioned at a provocative place in the arc of the development of this interaction and the article uses the reasons in Adler to expose and explore some themes that shape not only our religion jurisprudence, but Canadian constitutionalism more generally. The article begins by examining what the majority's heavy reliance on religion's place in constitutional history suggests about the competing logics at work in Canadian constitutional life. That discussion leads …

Methods And Severity: The Two Tracks Of Section 12, Benjamin Berger, Lisa Kerr

Articles & Book Chapters

This paper argues that there are two main routes – two tracks – by which one can arrive at the fundamental wrong at the heart of section 12 of the Charter. On the “methods track”, the state can run afoul of section 12 by using intrinsically unacceptable methods of treatment or punishment. For historical reasons, jurisprudence on this track is not well developed in Canada, though it would clearly prohibit the death penalty and most methods of corporal punishment. On the “severity track”, the concern is with excessive punishment. Here, even where the state has chosen a legitimate method of …

Critical Perspectives On The Scholarship Of Assessment And Learning In Law: Introduction - Legal Education Assessment In England, Alison Bone, Paul Maharg

Articles & Book Chapters

In this Introduction, we set out some of the innovative practices and themes arising from assessment in legal education in England. It is fair to say that assessment theory has not attracted the same rigorous analysis and implementation that has attended the subject in other disciplines such as medical education. Much of the theoretical innovations tend to be syncretic, adaptations from other disciplines. Nevertheless, there are examples of genuine innovations when England is viewed alongside other jurisdictions, and where it has occurred we have noted it in this Introduction. Needless to say, but we shall say it anyway the field …

Law Enforcement-Related Deaths, 2019, Tennessee. Bureau Of Investigation

Law Enforcement - Related Deaths

This publication has been produced by the Tennessee Bureau of Investigation's CJIS Support Center, and provides information on qualifying incidents as submitted by the state's law enforcement agencies to the TBI through the CrimeInsight Portal.

Over-Indebted Criminals In Canada, Stephanie Ben-Ishai, Arash Nayerahmadi

Articles & Book Chapters

The criminal justice system often imposes financial, as well as penal, consequences upon offenders. Often these fines and surcharges are levied on those who are least able to bear the cost. This article examines the "justice debt" regime, including the formerly mandatory victim surcharge, to illustrate the ways it interacts with the lives of indigent Canadians. After canvassing American scholarship on the topic, the authors conclude with recommendations on how the problem can be alleviated, and how the topic can be more fully researched in a Canadian context.

Masked By Trust: Bias In Library Discovery, Matthew Reidsma

Books and Contributions to Books

The rise of Google and its integration into nearly every aspect of our lives has pushed libraries to adopt similar "Google-like" search tools, called discovery systems. Because these tools are provided by libraries and search scholarly materials rather than the open web, we often assume they are more "accurate" or "reliable" than their general-purpose peers like Google or Bing. But discovery systems are still software written by people with prejudices and biases, library software vendors are subject to strong commercial pressures that are often hidden behind diffuse collection-development contracts and layers of administration, and they struggle to integrate content from …

Kkk In The Pd: White Supremacist Police And What To Do About It, Vida B. Johnson

Lewis & Clark Law Review

There is an epidemic of white supremacists in police departments. Police officers have been identified as members of white supremacist groups in Florida, Alabama and Louisiana. There have been scandals in over 100 different police departments, in over forty different states, in which individual police officers have sent overtly racist emails, texts, or made racist comments via social media. This is a nation-wide problem. It is one that is not limited to just beat officers; some of these shocking occurrences have even involved high-ranking members of their respective police forces. Although the F.B.I. warned of white supremacists infiltrating police departments …

Cruel To Be Kind: The Societal Response To Technology And Youth Sexual Expression, Kelly Muldavin

Lewis & Clark Law Review

The sending and receiving of explicit images via cellular phone—popularly referred to as “sexting”—has emerged as a common method of sexual expression in the digital age. Though sexting is a relatively accepted practice among adults, society views sexting among minors as a significant threat to the health and well-being of young people. In an effort to curb the practice, many states have sought to prosecute minors engaged in sexting under existing child pornography laws. Subjecting children to far-reaching social, professional, and psychological harms at the hands of the criminal justice system is justified, proponents argue, because we must protect children …

A New Era In Juvenile Sentencing: Why Montgomery, Adolescent Neuroscience, And A Shift In The National Conversation Point Toward A Need For Measure 11 Reform, Joshua Olmsted

Lewis & Clark Law Review

In 1994, Oregon voters passed Ballot Measure 11, a mandatory minimum sentencing scheme that imposes long inflexible sentences for a plethora of serious crimes. In addition to establishing mandatory minimum sentences, Measure 11 dramatically re-shaped the landscape of the juvenile justice system by mandating transfer to adult court for youth between 15 and 17 years old, charged with any Measure 11 offense, even if they are eventually convicted of a lesser offense. In recent years, there has been a push to rethink the way that we evaluate and treat juvenile offenders. Evolving Supreme Court jurisprudence, along with new research into …

An Emerging Theory Of The Persistence Of Social Class Microaggressions: An Interpretative Phenomenological Study, Jennifer M. Cook, Caroline O'Hara

College of Education Faculty Research and Publications

Eleven counselor education doctoral students participated in an Interpretive Phenomenological Analysis study aimed to understand their social class microaggressions (SCMs) experiences. A tentative theory emerged from the data that SCMs persist to preserve homeostasis. The super-ordinate theme, Unequal, Embedded, Societal Structures is corroborated by the subordinate themes, Social Class Invisibility, Intersecting Identities, Perceptions and Assumptions about Social Class, Privilege and Unawareness about Social Class, and SCM Manifestations. Together, the superordinate theme and subsequent subordinate themes culminate in the preservation of homeostasis. We offer a data driven model to depict the theory, present participant data with extensive quotes, counseling …

Examining The Teacher: Factors Influencing Teachers' Usage Of Culturally Responsive Practices And Classroom Management, Myeshia Smith

All-Inclusive List of Electronic Theses and Dissertations

Research has indicated that teacher preparation programs and inservice professional development are important mechanisms for supplying future and current teachers with the necessary skills and confidence to implement culturally responsive practices (CRP; Cho & Decastro-Ambrosetti, 2006; Colombo, 2007; G. R. Howard, 2007). Unfortunately, there is a gap in the training of future teachers and continuing professional development to meet these needs (White-Clark, 2005). According to White-Clark (2005), of a national sample of teachers teaching English language learners and culturally diverse students, only 17% were reported to be totally prepared, 30% somewhat prepared, and 33% somewhat more than moderately prepared. Due …

The Relationship Between The Employment Of School Resource Officers, School Discipline, And School-Based Arrests Variables, Johnathon D. Monson

UNF Graduate Theses and Dissertations

The school resource officer (SRO) program is a program developed in the United States with the goal of making schools a safer environment for students across all grades (Cray & Weiler, 2011). To date, the majority of research surrounding SRO programs focuses on recommended characteristics and qualities of SROs, as well as appropriate utilization of SROs (Weiler & Cray, 2011). However, relatively little is known about the effect of increased presence of SRO’s in the school setting. With SRO’s being tasked with disciplinarian roles Barnes (2016), it would be important to look at the effect of SRO’s on school discipline …

Get Out Of My Driveway! Collins V. Virginia Protects Curtilage From Being Trampled By The Automobile Exception, Brenda I. Rowe

Criminology and Criminal Justice Faculty Publications (Archived)

In Collins v. Virginia (2018), the U.S. Supreme Court held that the automobile exception cannot justify a warrantless search of an automobile parked in a home’s curtilage because the automobile exception pertains solely to the search of the automobile, not to the intrusion upon the Fourth Amendment privacy interest in the home’s curtilage. After giving an overview of relevant Fourth Amendment jurisprudence concerning the curtilage doctrine and the automobile exception as well as the history of the exclusionary rule, this article examines the majority, concurring, and dissenting opinions in Collins and discusses the implications of this important decision. Collins …

Detention As Deterrence, Emily Ryo

Faculty Scholarship

Does immigration detention deter unauthorized migration? This is a pressing question with critical policy implications given that the U.S. government has detained tens of thousands of migrants in reliance on this deterrence rationale. Briefly described, the federal government has argued that “one particular individual may be civilly detained for the sake of sending a message” to others “who may be considering immigration. In recent times, the potential migrants to whom the federal government has sought to send such a message are, by and large, from Mexico and Central America. Emerging empirical research, however, provides little to no evidence that detention …

Judging Risk: The Use Of Risk Assessment In Sentencing, Brandon L. Garrett, John Monahan

Faculty Scholarship

No abstract provided.

The End Of Intuition-Based High-Crime Areas, Ben Grunwald, Jeffrey Fagan

Faculty Scholarship

In 2000, the Supreme Court held in Illinois v. Wardlow that a suspect’s presence in a “high-crime area” is relevant in determining whether an officer has reasonable suspicion to conduct an investigative stop. Despite the importance of the decision, the Court provided no guidance about what that standard means, and over fifteen years later, we still have no idea how police officers understand and apply it in practice. This Article conducts the first empirical analysis of Wardlow by examining data on over two million investigative stops conducted by the New York Police Department from 2007 to 2012.

Our results suggest …

Free Speech And Justified True Belief, Joseph Blocher

Faculty Scholarship

Law often prioritizes justified true beliefs. Evidence, even if probative and correct, must have a proper foundation. Expert witness testimony must be the product of reliable principles and methods. Prosecutors are not permitted to trick juries into convicting a defendant, even if that defendant is truly guilty. Judges’ reasons, and not just the correctness of their holdings, are the engines of precedent. Lawyers are, in short, familiar with the notion that one must be right for the right reasons.

And yet the standard epistemic theory of the First Amendment—that the marketplace of ideas is the “best test of truth”—has generally …

Guns On College Campuses: A Clash Of Perspectives, Jennifer Torreano, H. Bart Merkle

Other Scholarly Publications

Campus safety is an ongoing concern at colleges and universities nationwide. The escalation of gun violence in society has prompted many politicians to propose concealed carry legislation that would permit guns on campuses. The academy is grappling with this contentious issue as constituents both on and off campus advocate either for gun bans or for concealed carry policies in the name of campus safety. This paper explores the second amendment context of this issue, reviews the pros and cons of permitting guns on campus, and discusses several violence prevention strategies that higher education institutions can utilize.

Evaluating The Singapore Convention Through A U.S.-Centric Litigation Lens: Lessons Learned From Nearly Two Decades Of Mediation Disuputes In American Federal And State Courts, James Coben

Faculty Scholarship

This article compares a recent five-year dataset (2013-2017) on mediation litigation trends with an earlier dataset (1999-2003) to make some general observations about mediation litigation trends over the last nineteen years, with a specific focus on enforcement of mediated settlements, the topic addressed by the Singapore Convention.

Part II of this article provides a general overview of U.S. mediation litigation trends, including a detailed description of how the databases were created and caveats about their use, a summary of raw numbers, and a review of the common mediation issues litigated in U.S. Courts. Principal conclusions include the fact that litigation …

"I Heard It Through The Grapevine": A Randomized Controlled Trial On The Direct And Vicarious Effects Of Preventative Specific Deterrence Initiatives In Criminal Networks, Barak Ariel, Ashley Englefield, John Denley

Journal of Criminal Law and Criminology

A rich body of literature exists on deterrence, yet little is known about how deterrence messages are communicated through social networks. This is an important gap in our understanding, because such communication gives rise to the possibility that social institutions can utilize the vicarious effect of the threat of punishment against one individual to reduce the rate of reoffending amongst their criminal associates. To test this, we identified criminals with an extensive offending history (prolific offenders) and their co-offenders using social network analysis and then conducted a randomized controlled trial to measure the effect on both prolific offenders and their …

Global Networks And The Legal Profession, Laurel S. Terry

Faculty Scholarly Works

The importance of networks and the power of exponential growth within networks have become much more apparent to the world as a result of the COVID-19 pandemic. This Article addresses the topic of global legal profession networks. The introductory section provides information about our global economy and society that helps explain why global legal profession networks are valuable. It argues that global networks are beneficial for clients, lawyers, and other legal services stakeholders.

After introducing some of the scientific literature about networks in general and legal profession networks specifically, Section II identifies ways in which lawyers participate in global legal …

The Opioid Crisis: The States' And Local Governments' Response To Bigpharma's Deception And Why The Supremacy Clause May Provide A Cloak For Opioid Manufacturers To Hide Behind, Tracie Childers

Barry Law Review

No abstract provided.

Physical And Chemical Trace Evidence From 3d-Printed Firearms, And Use Of A Quadcopter For Targeted Sampling Of Gaseous Mercury In The Atmosphere, Oscar Beauchamp Black

Electronic Theses and Dissertations

My forensic research resulted in the first peer-reviepaper to address the forensic challenges presented by 3D-printed polymer firearms. The work involved a systematic approach to the analysis of evidence stemming from 3D-printed firearms filling a critical void in current forensic knowledge. We used DART-MS to characterize the polymer evidence left behind by 3D-printed firearms as well as an evaluation of pre-existing firearm and toolmark techniques and fingerprint analysis. We demonstrated that 3D-printed firearms leave behind characteristic polymer residue on cartridge cases bullets and the receiving surface which can be identified using DART-MS. The culmination of the work includes a database …

Intelligence-Led Policing: Linking Local And State Policies To Establish A Comdefinition, Chad B. Prosser

Electronic Theses and Dissertations

This research project studied agencies within local and state levels through their official policies in order to establish a comdefinition of ILP while establishing themes that link the predominate policing methodologies together. A definition could not be generated based on the data analyzed. Despite this, three themes emerged that link ILP agencies to agencies that implement other policing philosophies: Intelligence, Community, and Analysis. The majority of agencies do not implement ILP; however, almost all of the agencies within the sample frame of this study acknowledge or implement certain portions of the ILP methodology making it a flexible alternative to implement …

Examining The Moderating Effects Of Defendant Characteristics On The Relationship Between Crime Type And Prosecutorial Decision Making, Caitlin Marie Howley

Electronic Theses and Dissertations

The concept of plea bargaining was not compractice until the nineteenth century (Langbein, 1978; Alschuler, 1979). Before that time, criminal defendants lacked representation in the court, leaving the judge to determine sentencing and punishment. Plea bargaining has become the prominent practice, with around 90% of cases, state and federal, resulting in a plea (Rabin, 1972; Lagoy, Senna, & Siegel, 1976; Alschuler, 1979; Alschuler, 1983; Scott & Stuntz, 1992; Schulhofer, 1992; Starkweather, 1992; Ross, 2006; Silveira, 2017). The concept of plea bargaining is inevitably accompanied by discretion, specifically prosecutorial discretion. Prosecutorial discretion grants prosecutors power in deciding what charges they would …

Evaluation Of Confidential Informant Programs In Legal Settings: Why Do 10 When You Can Send A Friend?, Kennedy Marie Cuevas

Electronic Theses and Dissertations

There is limited research regarding the use of Confidential Informants and related programming, including a consensus of Best Practices of these programs. The information available regarding CI use and its programming is limited to agency-produced literature and minimal peer-revieresearch. The present study sought to utilize the limited information available to develop Best Practices of Confidential Informant Programs by conducting an analysis of available literature to identify themes and policies that were present in a majority of the literature. Additionally, the aforementioned Best Practices were used to perform deductive qualitative analysis of the written policies of a Confidential Informant program in …

What’S Going On? The Disproportionate Discipline Of Upper Elementary Male Students In Little Tiger Elementary School, Amy Katrise Sutton

Electronic Theses and Dissertations

This action research study investigates the problem of disproportionate male discipline at LTES, specifically through the implementation of the PBIS program. Both quantitative and qualitative data provide a thorough explanation of student misbehaviors and discipline reporting practices at LTES. Through the utilization of teacher surveys, interviews, descriptive statistics, and anecdotal notes, the researcher presents findings which provide hope for improving male student behavior and discipline reporting practices. The study focuses on answering the overarching question, did the action plan result in a 20% decrease of male student discipline referrals within the first year of implementation? To answer this question a …

Democracy As Failure, Aziz Z. Huq

Public Law and Legal Theory Working Papers

The theory and the practice of democracy alike are entangled with the prospect of failure. This is so in the sense that a failure of one kind or another is almost always to be found at democracy’s inception. Further, different kinds of shortfalls dog its implementation. No escape is found in theory, which precipitates internal contradictions that can only be resolved by compromising important democratic values. Out of localized failure, indeed, comes wholesale breakdown. A stable democratic equilibrium proves elusive because of the tendency of discrete lapses to catalyze wider, systemically disruption. Worse, the very pervasiveness of local failure also …

Navigating The Moral Minefields Of Human Rights Advocacy In The Global South, Sandra L. Babcock

Cornell Law Faculty Publications

Human rights advocacy in foreign countries raises complex ethical, moral, and political questions. Legal scholars have challenged the legitimacy and accountability of international human rights activists that impose foreign agendas on local partners in the Global South. Development economists have raised related concerns about the impact of foreign assistance on government accountability. In this article, I use narrative storytelling techniques to illustrate the fraught strategic judgments and moral choices that permeate human rights advocacy. These narratives are drawn from my international human rights clinic’s twelve-year engagement in justice reform work in Malawi, where my students and I have been instrumental …