Digital Commons Network^™

New Tricks For An Old Dog: Deterring The Vote Through Confusion In Felon Disenfranchisement, Emily Rong Zhang

Missouri Law Review

Felon disenfranchisement laws do not just disenfranchise. They also confuse. By imposing heavy penalties for failing to correctly navigate complex provisions, these statutes confuse eligible voters and discourage them from exercising their right to vote. In this way, felon disenfranchisement laws resemble modern voter suppression laws: they deter eligible voters from voting. Modest reforms can and should be implemented to affirmatively inform formerly incarcerated individuals of their restored voting rights.

The Uncertain Future Of Felon Disenfranchisement, Bruce E. Cain, Brett Parker

Missouri Law Review

Felons represent a large majority of disenfranchised adult Americans, with a significant proportion remaining unable to vote even after completing the entirety of their sentences. As voter eligibility requirements become an increasingly contested partisan battlefield, the fate of these disenfranchised individuals has become increasingly unclear. With this backdrop in mind, we consider recent developments in felon disenfranchisement, the prospects for future legislative action, and the legal arguments that litigants might employ to challenge the practice. In so doing, we exploit newly collected polling data to determine (1) whether Americans are ready to end felon disenfranchisement, and (2) under what circumstances …

Balancing Act: Admissibility Of Propensity Evidence Under Article I, Section 18(C) Of The Missouri Constitution, Emily Holtzman

Missouri Law Review

The American legal system has a long-standing ban against using character evidence to show a party’s propensity to act in conformity with that character. This rule has been especially stringent in the criminal system, where the notion is that when a criminal defendant is tried for a crime, that defendant should face trial only for the crimes charged. However, certain crimes, like sex crimes, can be incredibly difficult to prosecute and, accordingly, victim advocates have pushed for changes to these rules. The Federal Rules of Evidence (“FRE”) and several states have enacted rules that allow evidence of prior bad acts …

The Right To Evidence Of Innocence Before Pleading Guilty, Colin Miller

Faculty Publications

No abstract provided.

Misdemeanors For All Purposes? Interpreting Proposition 47’S Ameliorative Scope In A New Era Of Criminal Justice Reform, Kayla Burchuk

Loyola of Los Angeles Law Review

In 2014, Proposition 47 reclassified seven low-level felonies to misdemeanors, demonstrating voters’ striking rejection of California’s historically punitive sentencing policies. This Note examines the recent wave of California Supreme Court jurisprudence interpreting Proposition 47 by exploring the court’s varied readings of the initiative’s ballot materials and statutory text. While the court has liberally construed relief for affected property crimes, it has responded ambivalently in more controversial areas such as drug offenses, mandatory parole periods, and automatic resentencing. This variation reveals ideological tensions between the goal of expanding ameliorative benefits to low-level offenders and anxiety regarding public safety. This Note analyzes …

The Future Of Bail In California: Analyzing Sb 10 Through The Prism Of Past Reforms, Adam Peterson

Loyola of Los Angeles Law Review

The cash bail system is the cause of numerous injustices. It favors the rich over the poor, it packs jails to the breaking point, and it forces those who have yet to be found guilty to sit in jail—often for weeks or months at a time. In 2018, the California legislature passed SB 10. The bill purported to abolish cash bail wholesale and replace it with a risk assessment program. While SB 10 is a step in the right direction, it faces many obstacles before it accomplishes its goal. This Note examines the bill in light of past attempts at …

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

Reports

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 update calls and site visits.

The current data derives from an active database, from which data is being entered and updated daily. Data values, including previously submitted information, may fluctuate depending on the duration of lag between service delivery and data entry. One common example of this is when participants begin programming near the end of …

Staying Ahead Of Substance Abuse: The Changing Landscape Of Marijuana Use, Jennifer Smith, Pamela Ashley, Jeanette Harder

Reports

In their comprehensive report, the National Academy of Sciences (NAS) (2017) concludes that the United States is in a pivotal time in the world of cannabis policy and research one in which “Shifting public sentiment, conflicting and impeded scientific research, and legislative battles have fueled the debate about what, if any, harms or benefits can be attributed to the use of cannabis or its derivatives” (p. 2).

Enter At Your Own Risk: Criminalizing Asylum-Seekers, Thomas M. Mcdonnell, Vanessa H. Merton

Elisabeth Haub School of Law Faculty Publications

In nearly three years in office, President Donald J. Trump’s war against immigrants and the foreign-born seems only to have intensified. Through a series of Executive Branch actions and policies rather than legislation, the Trump Administration has targeted immigrants and visitors from Muslim-majority countries, imposed quotas on and drastically reduced the independence of Immigration Court Judges, cut the number of refugees admitted by more than 80%, cancelled DACA (Deferred Action for Childhood Arrivals), and stationed Immigration Customs and Enforcement (“ICE”) agents at state courtrooms to arrest unauthorized immigrants, intimidating them from participating as witnesses and litigants. Although initially saying that …

Combatting The Opioid Epidemic In Texas By Holding Big Pharma Manufacturers Liable, Katherine Spiser

St. Mary's Law Journal

Abstract forthcoming

Extending Batson To Peremptory Challenges Of Jurors Based On Sexual Orientation And Gender Identity, Mark E. Wojcik

Northern Illinois University Law Review

This Article argues that it is now time to extend Batson to all federal and state trial courts and expressly prohibit the exclusion of jurors based on their actual or perceived sexual orientation or gender identity. The lack of protection for jurors based on their actual or perceived sexual orientation or gender identity fosters discrimination in the law, violates the rights of lesbian, gay, bisexual, and transgender (LGBT) persons who may be excluded from serving on juries, violates the rights of LGBT persons whose criminal or civil cases are heard in court, and undermines public confidence in judicial proceedings that …

Konkola Copper Mines Plc V Nyasulu And 2000 Others Appeal No. 1/2012, Pamela Towela Sambo

SAIPAR Case Review

No abstract provided.

Online News Representation Of Missing/Murdered Indigenous Women In Washington, New Mexico, And Arizona, Kelli Bowers

McNair Scholars Manuscripts

There is limited research on the rates of violence against the many missing and murdered indigenous women (MMIW) in the United States, especially in urban areas. There is also little news coverage given to women who are victims of this violence. The absence of research on this topic and the shortage of news coverage leads to a lack of understanding by the general public on the issue as a whole. This is a qualitative content analysis of the representation of MMIW in Washington, New Mexico, and Arizona. I will analyze the newspaper reporting of MMIW in these states and the …

Slow Law: Temporal Logics In Us Death Penalty Mitigation Investigations, Jesse Cheng

Social and Cultural Sciences Faculty Research and Publications

From arrest to sentencing, cases in which the defendant is charged with capital murder in the United States take substantially longer to resolve than homicide cases in which prosecutors choose not to seek the death penalty. One might reasonably attribute the slowness of capital trials to heightened procedural safeguards that attend the potential deprivation of life. In this article, I suggest that this explanation, straightforward as it is, glosses over more probing and analytically interesting truths about the complex temporal dimensions of death penalty trials. Based on my experiences as both a former defense advocate and an ethnographic researcher of …

Emotion Goals: What Do Sexual Offenders Want To Feel?, C Garofalo, B Lopez-Perez, M Gummerum, Y Hanoch, M Tamir

School of Psychology

Sexual offenders typically experience more negative emotions and greater difficulties in regulating emotions than non-offenders. However, limited data exist on what sexual offenders want to feel (i.e., their emotion goals). Notably, emotion goals play a key role in emotion regulation and contribute to emotional experience. The present study tested whether sexual offenders (N = 31) reported higher scores for negative emotion goals and lower scores for positive emotion goals, compared with general offenders (N = 26) and non-offenders (N = 26). In addition, we tested whether sexual offenders differed from the other two groups in their perceived pleasantness and perceived …

Trends And Associated Factors Of Use Of Opioid, Heroin, And Cannabis Among Patients For Emergency Department Visits In Nevada: 2009–2017, Pearl C. Kim, Ji Won Yoo, Chris R. Cochran, Seong Min Park, Sungyoun Chun, Yong-Jae Lee, Jay J. Shen

School of Medicine Faculty Research

To examine trends and contributing factors of opioid, heroin, and cannabis-associated emergency department (ED) visits in Nevada. The 2009 to 2017 Nevada State ED database (n = 7,950,554 ED visits) were used. Use of opioid, heroin, and cannabis, respectively, was identified by the International Classification of Diseases, 9th & 10th Revisions. Three multivariable models, one for each of the 3 dependent variables, were conducted. Independent variables included year, insurance status, race/ethnicity, use of other substance, and mental health conditions. The number of individuals with opioid, heroin, cannabis-associated ED visits increased 3%, 10%, and 23% annually from 2009 to 2015, particularly …

Developing Moral Education To Combat Human Trafficking, Shima Rostami

Dissertations

Leaders are challenged daily to improve their organization's products and outcomes. “When the character of leaders is low, so are their standards” (Maxwell, 2010, p. 41), and accordingly the products and programs. No field or profession was exempt from this challenge at the leadership level. On this note, human trafficking as a humanitarian crisis was of particular interest for activists, but one that may still suffer from this same weakness at the leadership level. Consequently, having a concern for how to improve the character and standards of the leaders in the anti-human trafficking movement, the Investigator of this study questioned …

Clergy Sexual Abuse In The Roman Catholic Church: Dispelling Eleven Myths And Separating Facts From Fiction, Thomas G. Plante

Psychology

The sexual abuse crisis in the Roman Catholic Church has made headline news across the country and world for years. Yet, even with such remarkable publicity, so much misinformation and myths about the problem persist. It is important for psychologists, as well as other mental health professionals, to be better informed about these myths and misinformation in order to better serve their clients who may be impacted by the story. Those impacted include not only clerical abuse victims, their families, and clerics themselves but also Catholics in general, who may be troubled and demoralized by the ongoing and unfolding crisis …

Power, Process, And Automated Decision-Making, Ari Ezra Waldman

Fordham Law Review

Automated decision-making systems based on “big data”–powered algorithms and machine learning are just as prone to mistakes, biases, and arbitrariness as their human counterparts. The result is a technologically driven decision-making process that seems to defy interrogation, analysis, and accountability and, therefore, undermines due process.

Milkovich, #Metoo, And “Liars”: Defamation Law And The Fact-Opinion Distinction, Pooja Bhaskar

Fordham Law Review

Since the start of the #MeToo movement, sexual assault survivors have increasingly turned defamation law against their alleged assaulters. In these #MeToo defamation cases, an alleged victim publicly claims that another person, usually someone of considerable wealth and fame, sexually assaulted them. The alleged assaulter then calls their accuser a liar, causing their accuser to sue their alleged assaulter for defamation. These cases have consistently raised an element of the defamation analysis that has long challenged courts: distinguishing between statements of actionable “fact” and nonactionable “opinion.” #MeToo defamation cases raise the question of whether an alleged assaulter’s claim that their …

Liability For Ai Decision-Making: Some Legal And Ethical Considerations, Iria Giuffrida

Faculty Publications

No abstract provided.

Functional Corporate Knowledge, Mihailis Diamantis

William & Mary Law Review

The line between guilt and innocence often turns on what a defendant knew. Although the law’s approach to knowledge may be relatively straightforward for individuals, its doctrines for corporate defendants are fraught with ambiguity and opportunities for gamesmanship. Corporations can spread information thinly across employees so that it is never “known.” And prosecutors can exploit legal uncertainties to bring knowledge-based charges where corporations were merely negligent in how they handled information. Whereas knowledge as a mens rea has unique practical and normative properties that vary with a corporation’s size and industry, corporate law treats knowledge just like any other mental …

Wealth, Equal Protection, And Due Process, Brandon L. Garrett

William & Mary Law Review

Increasingly, constitutional litigation challenging wealth inequality focuses on the intersection of the Equal Protection and Due Process Clauses. That intersection—between equality and due process—deserves far more careful exploration. What I call “equal process” claims arise from a line of Supreme Court and lower court cases in which wealth inequality is the central concern. For example, the Supreme Court in Bearden v. Georgia conducted analysis of a claim that criminal defendants were treated differently based on wealth in which due process and equal protection principles converged. That equal process connection is at the forefront of a wave of national litigation concerning …

Law Students Help Clients Vacate Criminal Records, Seattle University School Of Law

News Center Articles

No abstract provided.

Forensic Evaluation Of 6-Dye Chemistry Kit Composed Of 23 Loi With Casework Samples, Naeema Saleh Al Janaahi

Biology Theses

Short Tandem Repeats (STRs) are short nucleotide sequence repeats consisting of 2-8 base pairs (bp), representing approximately 3% of human DNA. Markers of STRs have been widely used as genetic markers in forensic DNA analysis and have proven to be an extremely discriminating method for human identification in forensics. The main objective of this research was to evaluate a six-dye STR multiplex assay (Virifiler™ Plus) composed of 23 autosomal STR loci, one insertion/deletion polymorphic marker on the Y chromosome, Amelogenin and two internal quality control markers (IQCS and IQCL) using biological stains found in different crime scenes. The study investigated …

Composite Materials Based On Twaron And Nano Materials, Omnia Hamdy, Remon A. Mankarious, M. A. Radwan, M. A. Sadek, Hany A. Elazab

Chemical and Biochemical Engineering Faculty Research & Creative Works

This research aims to participate in producing body shield that can overcome pervious drawbacks using behavior of shear thickening fluid. Initially, the rheological behavior of silica-polyethylene glycol shear thickening fluid is examined at different concentrations. Then, ballistic fabric samples are impregnated into silica-polyethylene glycol shear thickening fluid at various concentrations of silica and tested using gas gun simulating real ballistic threat. After that, the impact of rubbery hot water pack filled with around 66.67 wt% starch in water is tested using gas gun. Results showed as the concentration of silica increases, the indentation depth in the impregnated fabric decreases which …

[Introduction To] Rap On Trial: Race, Lyrics, And Guilt In America, Erik Nielson, Andrea L. Dennis, Killer Mike

Bookshelf

A groundbreaking exposé about the alarming use of rap lyrics as criminal evidence to convict and incarcerate young men of color

“If you believe that I’m a cop killer, you believe David Bowie is an astronaut.” —Rapper Ice-T, on the persona he adopted in the song “Cop Killer”

Should Johnny Cash have been charged with murder after he sang, “I shot a man in Reno just to watch him die”? Few would seriously subscribe to this notion of justice. Yet in 2001, a rapper named Mac whose music had gained national recognition was convicted of manslaughter after the prosecutor quoted …

Explaining Illness With Evil: Pathogen Prevalence Fosters Moral Vitalism, Bastian Brock, Christin-Melanie Vauclair, Steve Loughnan, Paul Bain, Ashwini Ashokkumar, Maja Becker, Michal Bilewicz, Emma Collier-Baker, Carla Crespo, Paul W. Eastwick, Ronald Fischer, Jennifer Tong, Jennifer Tong

Research Collection School of Social Sciences

Pathogens represent a significant threat to human health leading to the emergence of strategies designed to help manage their negative impact. We examined how spiritual beliefs developed to explain and predict the devastating effects of pathogens and spread of infectious disease. Analysis of existing data in studies 1 and 2 suggests that moral vitalism (beliefs about spiritual forces of evil) is higher in geographical regions characterized by historical higher levels of pathogens. Furthermore, drawing on a sample of 3140 participants from 28 countries in study 3, we found that historical higher levels of pathogens were associated with stronger endorsement of …

Race And Class: A Randomized Experiment With Prosecutors, Christopher Robertson, Shima Baradaran Baughman, Megan Wright

Faculty Scholarship

Disparities in criminal justice outcomes are well known, and prior observational research has shown correlations between the race of defendants and prosecutors’ decisions about how to charge and resolve cases. Yet causation is questionable: other factors, including unobserved variation in case facts, may account for some of the disparity. Disparities may also be driven by socio-economic class differences, which are highly correlated with race.
/="/">
/="/">This article presents the first blinded, randomized controlled experiment that tests for race and class effects in prosecutors’ charging decisions. Case-vignettes are manipulated between-subjects in five conditions to test effects of defendants’ race and …

Race And Class: A Randomized Experiment With Prosecutors, Christopher Robertson, Shima Baradaran Baughman, Megan Wright

Faculty Scholarship

Disparities in criminal justice outcomes are well known, and prior observational research has shown correlations between the race of defendants and prosecutors’ decisions about how to charge and resolve cases. Yet causation is questionable: other factors, including unobserved variation in case facts, may account for some of the disparity. Disparities may also be driven by socioeconomic class differences, which are highly correlated with race. This article presents the first blinded, randomized controlled experiment that tests for race and class effects in prosecutors’ charging decisions. Case vignettes are manipulated between subjects in five conditions to test effcts of defendants’ race and …