Digital Commons Network^™

Please Tweet Responsibly: The Social And Professional Ethics Of Public Defenders Using Client Information In Social Media Advocacy, Nicole Smith Futrell

Faculty Scholarship

Every day the criminal legal system hauls poor and marginalized individuals through a process wrought with trauma, indignity, and abuse. Public defenders representing the criminally accused view their clients and the system from a unique vantage point: they bear witness to the human costs of a system that falls far short of its purported norms and ideals. For the public defender who works within this reality day in and day out, fighting for each individual client might feel limited in its wider impact. Some public defenders have found that using online and social media platforms, such as Twitter, to provide …

Mothering The Aggressive Child, Katja Ermann

Antioch University Dissertations & Theses

This qualitative study explores the experience of mothers parenting significantly aggressive children, ages five to 10. Little has been known previously about how women experience this aggression or the social and psychological impacts it has on them. This dissertation highlights the women’s understandings to provide a solid basis for theoretical explication using a Constructivist Ground Theory approach. Significant findings include the invisibility and stigma the women feel and the ways in which the experience is similar and dissimilar to other forms of family violence, particularly adolescent-on-parent violence (APV). Differences were found in social stigma between women whose child has a …

Evaluation Of The Veteran Resilience Project, Shon Powell

Antioch University Dissertations & Theses

Posttraumatic Stress Disorder (PTSD) is a daunting concern among the majority of organizations with diverse, or tangential, affiliations to the United States Military and/or its personnel. Unquestionably, the 21 million service-connected individuals, at the time of this writing, (i.e., Active-Duty, Reserve, National Guard, and Veterans) afflicted with this disorder are the catalyst for the intense public and private sector interest and involvement in eradication of this disorder. Prevalence rates of PTSD among this complex classification of persons vary across the relevant literature. Some estimates suggest anywhere from 11 to 20 percent, while other sources indicate that upwards of 40 percent …

Striving For Credibility In The Face Of Ambiguity: A Grounded Theory Study Of Extreme Hardship Immigration Psychological Evaluations, Susan M. Burke

Antioch University Dissertations & Theses

Psychological evaluations are frequently used in extreme hardship immigration cases in the United States. These evaluations are complex; they are inherently ambiguous, and they require extensive training and specialized knowledge. General guidance for mental health professionals is available from professional organizations, the federal government, and articles in the legal and mental health literature. However, there is a lack of detailed guidance, best practices, training, and supervision so many evaluators learn on their own. Unfortunately, this has resulted in assessment processes and evaluation reports that vary widely in terms of professionalism and quality which negatively impacts the vulnerable families seeking these …

Human Dignity: The Clandestine Factor In Prosecutorial Discretion, Tamara F. Lawson

Intercultural Human Rights Law Review

Justice and human dignity have an organic and symbiotic relationship. The American Bar Association's Functions and Duties of the Prosecutor Standard 3-1.2(a) outlines that "[t]he prosecutor is an administrator of justice . . . [and] should exercise sound discretion and independent judgement in the performance of the prosecution function." The ABA standards further prohibit improper bias2 and proscribe a duty to report and respond to prosecutorial misconduct.3 ABA Standard 3-1.2(b) states: "The primary duty of the prosecutor is to seek justice within the bounds of the law, not merely to convict." 4 Although rarely openly discussed, I ask now, is …

Sexual And Relationship Victimization Of Hispanic Sexual Minority Women On A University Campus In A U.S.-Mexico Border City, Mika Gehre

Open Access Theses & Dissertations

Background: Sexual minority women (SMW) are at high risk for health disparities in response to discrimination and stigma. Sexual victimization (SV) in campus settings is a common issue impacting a majority of female students. Rates of sexual victimization and violence within relationships are higher among SMW compared to non-SMW. To date, only a few studies report sexual and family victimization among minority populations in a campus setting. Purpose: The purpose of this study is to describe the rates and relationships between sexual minority status, SV, and abusive relationships among Hispanic women on a University campus in a U.S.-Mexico border city. …

Third Parties In The U.S. Political System: What External And Internal Issues Shape Public Perception Of Libertarian Party/Politicians?, Jacqueline Ann Fiest

Open Access Theses & Dissertations

The current two-party system has dominated American politics for much of history, but as voters find themselves frustrated with a limited set of choices, more are becoming open to the idea of a third-party option. According to Newsweek, 61% of people believe America needs a third major political party. That number jumps to 77% among independents (Haltiwanger, 2017). In almost every other part of American life, a variety of choices is considered a benefit.

A CNN poll done in conjunction with ORC International reflected that only 5% of Americans feel the federal government in Washington DC, which overwhelmingly consists of …

One Of The Good Guys: The Making Of A Justice – Reflections On My First 94 Years, Jamal Greene

Faculty Scholarship

John Paul Stevens’s first published judicial opinion was a Dissent. He joined the Seventh Circuit a few days after the court issued its opinion in Groppi v. Leslie, and dissented soon afterward when the court upheld that decision on rehearing. Wilbur Pell, who until Stevens joined was the only Republican among the Seventh Circuit’s seven active judges, wrote both Groppi opinions. Yet Stevens, brand new to the court, dissented from Pell’s opinion on rehearing.

There was no reason to think Father Groppi, who was arrested for leading a demonstration that interrupted the Wisconsin Assembly’s work, was innocent of legislative …

Assessing The Predictive Utility Of The Positive Achievement Change Tool At A Texas Juvenile Justice Agency, Elizabeth Perez Hutchins

Open Access Theses & Dissertations

In the United States, millions of youth are processed in the juvenile justice system each year. Juvenile probation officers, case managers, and clinicians have the daunting task of making critical case-processing decisions for this vulnerable population including program placement, supervision, and treatment. Moreover, juvenile justice professionals must be mindful of numerous factors such as risk to public safety and the juvenile's risk to reoffend when making these decisions. In recent years, juvenile justice agencies have employed the Risk-Need-Responsivity model, the pre-eminent evidence-based model for offender assessment and management, to aide in the decision-making process. Although implementation of risk assessment tools …

Social Cohesion Among Individuals Participating In Re-Entry Groups, Todd Reiser

Open Access Theses & Dissertations

When prisoners are released from incarceration they enter a social landscape that holds unique challenges. One of the ways humans living within social systems understand their place and role is through the mechanism of religion. This study investigates how group religious practice establishes a shared worldview among those recently released from prison; a worldview that promotes the creation of positive social cohesion which contribute to life improvements, social mobility, and social status changes. "Social networks may include friendship circles in local congregations, scripture study groups and relationships with religious leaders who serve as role models for individuals" (Kerley et al …

Fair And Impartial Adjudication, Thomas W. Merrill

Faculty Scholarship

Any legal system that purports to respect the rule of law must ensure the fair and impartial adjudication of disputes under the law. Classic accounts of the rule of law assume that courts should resolve such disputes. However, this is too narrow. All forms of adjudication, not just by courts, need to be fair and impartial. In any event, no one could claim that courts or entities by that name are always fair and impartial. All legal systems need a guarantee of fair and impartial adjudication that applies to all forms of dispute resolution under law.

A dispute arising under …

Exemplary Legal Writing 2018: Four Recommendations, Jed S. Rakoff, Lev Menand

Faculty Scholarship

In an age of mass incarceration, it is not so easy to find good in the U.S. criminal justice system. But The Secret Barrister makes you appreciate the better aspects of our system by showing just how dysfunctional the corresponding English system has become. The book — written by an anonymous junior barrister — is a devastating, sometimes hilarious, and frequently heart-breaking account of how the criminal justice system in England and Wales is not only broke financially but broken in its ability to deliver justice, whether to prosecutors, defendants, victims, or the public.

Assessing Aspects Of Acculturation In A Muslim American Sample: Development And Testing Of The Acculturation Scale For Muslim Americans, Anisah Bagasra, Mitchell Mackinem

Faculty Articles

Acculturation of Muslims into the American culture continues to be a topic of deep interest. The purpose of this study was to examine acculturation in a sample of both American-born and Immigrant Muslim Americans. Two hundred and fifty five Muslim Americans completed a scale designed to assess two aspects of acculturation within the population: adherence to Islamic identity and conformity to American social norms. The survey was distributed in both a paper-based and online anonymous format consisting of demographic questions and the acculturation scale designed for this study. Results revealed that both immigrants and U.S. born Muslim Americans demonstrate a …

Money That Costs Too Much: Regulating Financial Incentives, Kristen Underhill

Faculty Scholarship

Money may not corrupt. But should we worry if it corrodes? Legal scholars in a range of fields have expressed concern about “motivational crowding-out,” a process by which offering financial rewards for good behavior may undermine laudable social motivations, like professionalism or civic duty. Disquiet about the motivational impacts of incentives has now extended to health law, employment law, tax, torts, contracts, criminal law, property, and beyond. In some cases, the fear of crowding-out has inspired concrete opposition to innovative policies that marshal incentives to change individual behavior. But to date, our fears about crowding-out have been unfocused and amorphous; …

Federal Guilty Pleas: Inequities, Indigence And The Rule 11 Process, Julian A. Cook

Scholarly Works

In 2017 and 2018, the Supreme Court issued two little-noticed decisions—Lee v. United States and Class v. United States. While neither case captured the attention of the national media nor generated meaningful academic commentary, both cases are well deserving of critical examination for reasons independent of the issues presented to the Court. They deserve review because of a consequential shared fact; a fact representative of a commonplace, yet largely overlooked, federal court practice that routinely disadvantages the indigent (and disproportionately minority populations), and compromises the integrity of arguably the most consequential component of the federal criminal justice process. In each …

Death By Stereotype: Race, Ethnicity, And California’S Failure To Implement Furman’S Narrowing Requirement, Catherine M. Grosso, Jeffrey A. Fagan, Michael Laurence, David C. Baldus, George W. Woodworth, Richard Newell

Faculty Scholarship

This Article examines the possible racial and ethnic implications of California’s expansive death penalty statute in light of the Eighth Amendment’s requirement that each state statute narrow the subclass of offenders on whom a death sentence may be imposed. The narrowing requirement derives from the holding in Furman v. Georgia over forty-five years ago, when the U.S. Supreme Court ruled that existing death penalty statutes violated the Eighth Amendment’s prohibition against cruel and unusual punishments. Citing statistics demonstrating arbitrary and capricious application of capital punishment, a majority of the Justices concluded that a death sentencing scheme is unconstitutional if it …

Kejahatan Penggandaan Profil Di Facebook Oleh Narapidana Sebagai Sebuah Proses Belajar, Bayu Suseno

Antropologi Indonesia

Profile cloning scam is one of the cybercrimes developing along with the expanding use of social media through various platforms, including Facebook. As a crime, profile cloning scam is also resulted from a learning process. This article discusses profile cloning scam as a result of a learning process experienced by inmates in prison. It uses primary data collected by observation and indepth interview from four case studies. Those four studied cases have commonality among them: they were conducted by inmates while serving their terms for other crimes, and they were conducted by duplicating account or stealing identity of law enforcers. …

Fourth Report Of The Special Rapporteur On Crimes Against Humanity, Sean D. Murphy

GW Law Faculty Publications & Other Works

In August 2017, the United Nations International Law Commission completed the first draft of a set of articles that could be used as the basis for a Convention on the Prevention and Punishment of Crimes against Humanity. Thereafter, governments and others were invited to provide oral observations before the Sixth (Legal) Committee of the United Nations General Assembly and to submit written comments to the Commission with respect to the draft articles. All told, 52 governments made oral observations, while nearly 40 governments submitted written comments. In addition, written comments were submitted by seven international organizations (or offices thereof), including …

Life And Civil Death In The Ocean State: Resurrecting Life-Prisoners’ Right To Access Courts In Rhode Island, James M. Kovach

Roger Williams University Law Review

No abstract provided.

Judicial Misconduct In The Sexual Assault Trial

UBC Law Review

No abstract provided.

Development Of A Translational Model Of Co-Use Of Alcohol And Nicotine For Testing Potential Pharmacotherapies, Sarah Elizabeth Maggio

Theses and Dissertations--Psychology

Co-users of alcohol and nicotine are the largest group of polysubstance users worldwide. Although pharmacotherapies are available for alcohol (EtOH) or tobacco use disorders individually, it may be possible to develop a single pharmacotherapy to treat heavy drinking tobacco smokers through capitalizing on the commonalities in their mechanisms of action. Towards this goal, several models of concurrent access to EtOH and nicotine were explored as potential preclinical models of co-use using female alcohol-preferring (P) rats. Additionally, potential pharmacotherapeutics for the treatment of EtOH and nicotine co-use disorder were tested using different variations of our model. Treatments tested included (1) varenicline, …

Affirmatively Ambiguous: Reforming The Fraud Federal Sentencing Guideline Rules In “Affirmative Action” Government Contracts, Michael Sabo

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Prevalence And Potential Buffers Of Intergenerational Trauma In African American And Latinx Parent-Child Dyads, Kandace Thomas

Dissertations

Buffering intergenerational trauma (IGT) is of great interest to researchers, policy makers and interventionists working to reduce the experience of trauma across generations within the family. IGT has been well studied among families who experienced the Holocaust and there is emerging IGT literature describing the impact of historical events and societal-based adverse experiences across generations. This study expanded upon the IGT literature by exploring and confirming the existence of IGT in a sample of primarily low-income African American and Latinx parents and their 6-year-old children; exploring pre-existing strengths and qualities in parents, such as Contemplative Self-Care (CSC) and Parent Self-Efficacy …

An Action Research Project Addressing The Perception Of Strengths And Barriers To Communication At The Onset Of The Mtss Initiative Within The High School Setting, Taliah Ziyad-Nau

Dissertations

The issue that this study addresses is the communication of the MTSS initiative within the high school setting. The MTSS process will allow access to evidence based intervention programs for student social, emotional support. The study consists of parallel interview protocols to understand the perceptions of the strengths and weaknesses in the communication of how to access the student support services. The results of interviewing a sample of staff and parents to understand how to improve access to student social, emotional supports within the high school setting indicated that the strength of the MTSS initiative related to the availability of …

Required, Permissible, And Impermissible Forms Of Federal Judicial Assistance To Self-Represented Litigants: Toward Establishment Of A Judicial Duty Of Reasonable Assistance, Jona Goldschmidt

Criminal Justice & Criminology: Faculty Publications & Other Works

In an effort to assist the judiciary in navigating the seemingly mixed messages coming from the Supreme Court, this paper reviews federal Circuit Court of Appeals case law which discusses required, permissible, and impermissible forms of judicial assistance to SRLs.

There Is A Bias In Aviation Against Research That Is Perceived To Be “Easy”, Stephen Rice, Scott R. Winter, Nicola M. O'Toole

International Journal of Aviation, Aeronautics, and Aerospace

The purpose of conducting research is to make contributions to the body of knowledge. In managing research studies, researchers are often forced to make decisions on a series of tradeoffs due to scarce resources. They may have to select participants from certain accessible populations, limit the time required to conduct the study, or use a minimal number of researchers due to funding constraints. The purpose of this current study was to examine for a possible bias on the perceived value of scientific research based on the location in which the data was collected, the amount of time required to complete …

Pitted Against Each Other? Mistaken Transactions In Unjust Enrichment And Equity, Tom Graham

The Plymouth Law and Criminal Justice Review

This paper seeks to identify and examine the extent to which there are substantive differences between the common law and equitable tests for non-contractual mistaken transfers. As the title suggests, the discussion references the case of Pitt v Holt as invoking the analogy of law and equity being 'pitted' against each other.

Editorial: The Plymouth Law & Criminal Justice Review, Volume 11, 2019, Kim Stevenson, Jason Lowther

The Plymouth Law and Criminal Justice Review

No abstract provided.

Brexit... A Lifetime Of Purgatory For The Uk's Environmental Laws - Or Is There A Stairway To Heaven?, Philip Connor

The Plymouth Law and Criminal Justice Review

This paper considers the prospect that the United Kingdom's decision to withdraw from the European Union may have a detrimental effect on its environmental protections. Brexit may provide the opportunity to pursue a more environmentally focused agenda, but it is argued that the UK's plan to transpose EU legislation underestimates the complexity of the task and that the UK lacks the resources to replicate the system it currently enjoys. On this basis it is thought that a reordering of environmental law is more likely than a radical re writing of it.

The Conflicts Of Legal Pluralism: Secular Law And Religious Faith In The United Kingdom, Pilgrim Fathers' Lecture 2018, Terence Etherton

The Plymouth Law and Criminal Justice Review

No abstract provided.