Digital Commons Network^™

Perception Versus Punishment In Cybercrime, James T. Graves, Alessandro Acquisti, Ross Anderson

Journal of Criminal Law and Criminology

No abstract provided.

Mens Rea Reform And Its Discontents, Benjamin Levin

Journal of Criminal Law and Criminology

This Article examines the contentious debates over recent proposals for “mens rea reform.” The substantive criminal law has expanded dramatically, and legislators have criminalized a great deal of conduct that is quite common. Often, new criminal laws do not require that defendants know they are acting unlawfully. Mens rea reform proposals seek to address the problems of overcriminalization and unintentional offending by increasing the burden on prosecutors to prove a defendant’s culpable mental state. These proposals have been a staple of conservative-backed bills on criminal justice reform. Many on the left remain skeptical of mens rea reform and view …

Reading The Prisoner's Letter: Attorney-Client Confidentiality In Inmate Correspondence, Gregory Sisk, Michelle King, Joy Nissen Beitzel, Bridget Duffus, Katherine Koehler

Journal of Criminal Law and Criminology

No one in our society has a more compelling need to communicate in complete confidence with a lawyer than a prisoner, when challenging a conviction as wrongful or prison conditions as unlawful. No one has a greater need to be able to engage in the uninhibited discussion of highly personal matters, tragic events, and official misconduct. A prisoner’s constitutional rights to freedom of speech, access to the courts, due process, and assistance of counsel are placed in unique jeopardy when a correctional system insists on prying into the substantive contents of legal mail.

In this Article, we explain the vital …

Death With Dignity For The Seemingly Undignified: Denial Of Aid In Dying In Prison, Kathleen Messinger

Journal of Criminal Law and Criminology

The medical community has fundamentally changed how we think about life and death. Humans in privileged parts of the world are living longer and have access to life-saving treatment. The focus on quantity of life then has shifted to emphasizing quality of life and questioning whether longevity should at the expense of comfort or satisfaction. The conversation surrounding quality of life, and by extension end-of-life care, has included whether a competent adult has a right, or should have a right to end their own life on their own terms. The history of aid in dying is wrought with political ideology, …

Mass Incarceration Paradigm Shift?: Convergence In An Age Of Divergence, Mugambi Jouet

Journal of Criminal Law and Criminology

The peculiar harshness of modern American justice has led to a vigorous scholarly debate about the roots of mass incarceration and its divergence from humanitarian sentencing norms prevalent in other Western democracies. Even though the United States reached virtually world-record imprisonment levels between 1983 and 2010, the Supreme Court never found a prison term to be “cruel and unusual punishment” under the Eighth Amendment. By countenancing extreme punishments with no equivalent elsewhere in the West, such as life sentences for petty recidivists, the Justices’ reasoning came to exemplify the exceptional nature of American justice. Many scholars concluded that punitiveness had …

Measuring Change: From Rates Of Recidivism To Markers Of Desistance, Cecelia M. Klingele

Journal of Criminal Law and Criminology

Reducing the incidence of crime is a primary task of the criminal justice system and one for which it rightly should be held accountable. The system’s success is frequently judged by the recidivism rates of those who are subject to various criminal justice interventions, from treatment programs to imprisonment. This Article suggests that, however popular, recidivism alone is a poor metric for gauging the success of criminal justice interventions or of those who participate in them. This is true primarily because recidivism is a binary measure, and behavioral change is a multi-faceted process. Accepting recidivism as a valid, stand-alone metric …

International Directives Relating To Sentencing, Johan D. Van Der Vyver

Emory International Law Review

Punishment in international law must fit the crime, the personal dispensation of the criminal, and the interests of the international community. This basic norm of criminal justice is reflected in Article 78(1) of the Statute of the International Criminal Court (ICC Statute) which provides that 'in determining the sentence, the Court shall, in accordance with the Rules of Procedure and Evidence, take into account such factors as the gravity of the crime and the personal circumstances of the convicted person.' Leaving it up to drafters of the Rules of Procedure and Evidence to afford substance to this basic principle became …

Evidence-Based Lawyer Regulation, Elizabeth Chambliss

Faculty Publications

The legal profession is losing its authority over the regulation of legal services. Recent changes in antitrust law have put state bar associations under a spotlight. Competition from technology companies and concerns about access to justice have increased political pressure for market liberalization. Independent research is challenging the unique value of lawyers’ services, even in formal legal proceedings, and this research is increasingly well-organized and well-funded at the national level. The organized bar is asleep at the wheel and ill-prepared to respond.

This Article argues that the United States is moving toward evidence-based lawyer regulation, and suggests strategies for equipping …

Maine Law Magazine - Issue No. 95, University Of Maine School Of Law

Maine Law Magazine

• Arctic collaboration
  Building connections benefits Maine Law students
• A strong future
  Report explores strengthening Maine Law
• For the public good
  The Law School plays a crucial role in shaping leaders
• Passing the torch
  Celebrating Jim Burke’s legacy
• The value of experience
  Adjunct professors contribute hands-on wisdom
• Alumni at work
  Graduates make their marks as prosecutors

Adult Justice In Nebraska 2019, Nebraska Center For Justice Research - University Of Nebraska At Omaha

Reports

The Nebraska Center for Justice Research was established in 2014 with a mission to develop and sustain research capacity internal to the State of Nebraska, assist the Legislature in research, evaluation, and policymaking to reduce recidivism, promote the use of evidence-based practices in corrections, and improve public safety. The primary purpose of this report is to provide an overview of recent trends in Nebraska’s adult criminal justice system.

Most of the data in this report is presented statewide as well as separated into Nebraska’s twelve judicial districts. Nebraska’s two most metropolitan counties are represented by District 4 (Douglas County) and …

Vocational & Life Skills Quarterly Report: Grant Cycle 3, Quarter 2 October-December 2018, Uno Nebraska Center For Justice Research, Katelynn Towne, Michael Campagna

Reports

This report presents quarterly data and evaluation updates for the Vocational and Life Skills Program (VLS) through Quarter 2 of Grant Cycle 3. VLS was created by the Nebraska Legislative Bill 907 in 2014 to reduce recidivism and increase meaningful employment for Nebraskans convicted of a crime. The report contains 1) descriptions of the eight funded programs across the state, 2) a snap shot of program participation across the programs, 3) demographics of the participants served by the VLS initiative, and 4) participation breakdowns and descriptions of the skills participants are gaining through VLS programming. VLS continues to update service …

Vocational And Life Skills Monthly Data Update: January 2019, Uno Nebraska Center For Justice Research, Katelynn Towne, Michael Campagna

Reports

Grantees use an online data management system to submit data on participants served under their Vocational and Life Skills programming. This data is due monthly and reflects all services provided during the previous month to participants. Evaluators at the Nebraska Center for Justice Research work with grantees directly to manage data entry errors on an ongoing basis during monthly update calls and regular site visits.

The current data derives from an active database, with live data being entered and updated daily. Data values, including previously submitted information, may fluctuate depending on changes made from data entry oversight. One common example …

The Effects Of Voluntary And Presumptive Sentencing Guidelines, Stephen Rushin, Josph Colquitt, Griffin Sims Edwards

Faculty Publications & Other Works

This Article empirically illustrates that the introduction of voluntary and presumptive sentencing guidelines at the state-level can contribute to statistically significant reductions in sentence length, inter-judge disparities, and racial disparities.

For much of American history, judges had largely unguided discretion to select criminal sentences within statutorily authorized ranges. But in the mid-to-late twentieth century, states and the federal government began experimenting with sentencing guidelines designed to reign in judicial discretion to ensure that similarly situated offenders received comparable sentences. Some states have made their guidelines voluntary, while others have made their guidelines presumptive or mandatory, meaning that judges must generally …

Democratic Conditions, Barry Sullivan

Faculty Publications & Other Works

According to many social scientists, democratic institutions are subject to much discontent and distrust today. Citizens sense the existence of a substantial disconnect between the rhetoric of representative democracy and its reality—what citizens believe their proper role to be and what the realities of our government and society allow them to be. More to the point, citizens of all stripes believe that those who “represent” them live lives quite different from their own, and that those representatives are not seriously interested in the perspectives, ideas, or well-being of most people. The nature and extent of this discontent raises serious questions …

A Pilot Of Emergency Department-Initiated Buprenorphine For Opioid Withdrawal And Opioid Use Disorder: A Quality Improvement Project, Jason Lucey

DNP Scholarly Projects

Background: Emergency department (ED) visits for opioid related visits have increased dramatically during the opioid epidemic. Buprenorphine is an evidence-based therapy for treating opioid use disorder (OUD) and withdrawal. Unfortunately, lack of access to pharmacotherapy for OUD, including buprenorphine, remains a challenge. Research supports ED-initiated buprenorphine as a practical, cost-effective strategy which engages patients in treatment better than non-pharmacologic alternatives.

Purpose: The aims of this improvement project were to 1) develop a pilot process in an ED for providing buprenorphine to patients in opioid withdrawal or for OUD; 2) recruit and train a cohort of ED staff on the process; …

Just Another School: The Need To Strengthen Legal Protections For Students Facing Disciplinary Transfers, Miranda Johnson

Faculty Publications & Other Works

Over the past decade, there has been increasing national, state, and local attention focused on the negative impacts of school expulsion and suspension. As a result of the well-documented and long-standing research showing the harm to students of exclusionary school discipline practices, states and school districts have begun reforming their policies and practices to limit the use of suspensions and expulsions. Many of these new reforms, however, have not included changes to provisions in state law and district policies allowing for students to be transferred from their neighborhood schools to alternative schools for disciplinary reasons. In this article, we argue …

The Demand Side Of Sex Trafficking In Minnesota: The Who, Where, And Why—And What We Can Do About It, Erinn B. Valine

Mitchell Hamline Law Review

No abstract provided.

From Poverty To Personhood: Gideon Unchained, Ken Strutin

Mitchell Hamline Law Review

No abstract provided.

Note: Decarceration In A Mass Incarceration State: The Road To Prison Abolition, Robert H. Ambrose

Mitchell Hamline Law Review

No abstract provided.

Stop In The Name Of Love: Putting An End To The Felony Prosecution Of Adolescent Sexting, Angela Bailey, Laura Heinrich

Mitchell Hamline Law Review

No abstract provided.

Invisible Among Us: The Epidemic Of Homeless Teen Parents, Michelle Basham

Mitchell Hamline Law Review

No abstract provided.

Convicting Juveniles To Life Without Parole, Bradford Colbert, Alex Baker Kroeger

Mitchell Hamline Law Review

No abstract provided.

Child Advocacy Studies (Cast): A National Movement To Improve The Undergraduate And Graduate Training Of Child Protection Professionals, Victor I. Vieth, Betsy Goulet, Michele Knox, Jennifer Parker, Lisa B. Johnson, Karla Steckler Tye, Theodore P. Cross

Mitchell Hamline Law Review

No abstract provided.

Mass Parental Incarceration And Sentencing Reform In Minnesota, Caitlin Curry, Veronica Horowitz, Julie Matonich, Kristin Stock

Mitchell Hamline Law Review

No abstract provided.

Masterpiece Cakeshop, Ltd. V. Colorado Civil Rights Commission, Mike K. Steenson

Mitchell Hamline Law Review

No abstract provided.

Barring Access To The Truth: North Carolina's Limiting Approach To Police Body-Camera Footage, Taylor Emory

Campbell Law Review

Police body-cameras are innovative, truth-detecting tools. When it comes to controversial citizen-law enforcement interactions, they can depict an accurate portrayal of the events. No speculation, no controversy-just the truth. And with the truth, the existing tension between law enforcement officials and the general populace can begin to ease. Although these body-cameras are widely used, states such as North Carolina have enacted legislation that severely restricts access to such footage.

North Carolina General Statutes section 132-1.4A does two things. First, it requires individuals captured in footage to seek judicial approval for the disclosure or release of footage. Second, it completely bars …

Fact Book, Academic Year 2018, Uno Office Of Institutional Effectiveness

Fact Book

The Fact Book presents important campus information in data tables and charts. Included are details regarding students, faculty, staff, and alumni. Generally, data are broken out by college, rank, level, gender, age and ethnicity for both spring and fall semesters, past to present. There are a few academic year tables that include information on tuition & fees, student credit hours by program, and degrees conferred. We wish to thank the many individuals and departments at the University for their contributions to the Fact Book.

Spring, Summer, Fall 2019 Graduation Survey Responses, Uno Office Of Instituional Effectiveness

Graduation

Spring, Summer, Fall 2019 Graduation survey responses master file without identifiers.

Nsse 2019 Student Comments, National Survey Of Student Engagement

NSSE

This report displays confidential comments your students provided in response to up to three open-ended questions. Two such questions appear in Topical Modules (Civic Engagement; First-Year Experiences and Senior Transitions) and the third appears at the end of the survey (after any module or consortium questions). This file contains separate tabs for each source, as appropriate, with end-of-survey comments in separate tabs for first-year and senior students. Each tab contains the wording of the corresponding question.

Module comments are sorted by class, enrollment status, and sex. End-of-survey comments are sorted by overall satisfaction, enrollment status, and sex. Information for variables …

Annual Report 2018-2019, College Of Public Affairs And Community Service, University Of Nebraska At Omaha

Dean’s Office

The College of Public Affairs and Community Service (CPACS) was created in 1973 to ensure the university was responsive to the critical social needs of our community and state. The College was given the mission not only to provide educational programs of the highest caliber and to prepare students for leadership in the public service, but also to reach out to the community to help solve public problems.

The College has become a national leader among similar colleges, with seven programs ranked in the top 30 in the nation. Our faculty ranks are among the finest in their disciplines. Moreover, …