Digital Commons Network^™

Sources Of Black-White Differences In Mmpi-2-Rf Scores Among Traditionally Aged College Students, Yelena Gonzalez

All-Inclusive List of Electronic Theses and Dissertations

The Minnesota Multiphasic Personality Inventory (MMPI) is a widely used and extensively researched psychodiagnostic instrument that has received some attention regarding its use with racial and ethnic populations. Most of this attention has focused on scaled score differences observed between White and African American individuals, with conclusions ranging from questions about the instruments integrity and fairness in its use with diverse populations, to theories that these differences reflect individual and environmental disparities between groups. Despite a number of studies focusing on racial differences on the MMPI and its revised form, the MMPI-2, few studies have examined whether these differences exist …

The Effects Of Race, Ethnicity, And Language On Competency To Stand Trial Evaluations, Gonzalez Melvin Pagan

All-Inclusive List of Electronic Theses and Dissertations

Forensic evaluators receive training on multicultural assessment and most forensic assessment textbooks include guidelines addressing multicultural issues, but there is little research examining how race/ethnicity and linguistic differences may impact competency to stand trial evaluations. There is a need for research to better understand the needs of Hispanic individuals who are among the fastest growing populations in the United States. Prior studies suggest that clinicians may diagnose African American defendants and Hispanic individuals with a more severe diagnosis when compared to Caucasian individuals. When defendants communicate in their secondary language or require the use of an interpreter it may impact …

A Curriculum Analysis Of The Mid-America Law Enforcement Academy Through A Multicultural Lens, Jill Musgrave

All-Inclusive List of Electronic Theses and Dissertations

This research was conducted as an exploratory case study guided by the institutional curriculum model for multicultural Education developed by Coles and Grant (1985). Document analysis, over 125 hours of observations, seven instructor interviews, and 12 recruit interviews were conducted to explore how the institutional curriculum (e.g., the official, null, operational, hidden, and extra curriculum) addressed multiculturalism and cultural responsiveness at a police academy, and how the institutional multicultural curriculum impacted the recruits. After data were collected and analyzed across all data sources, three primary findings emerged. First, a lack of vertical and horizontal communication exists regarding the multicultural curriculum. …

Rethinking Digital Forensics, Andrew Jones, Stilianos Vidalis

Research outputs 2014 to 2021

In the modern socially-driven, knowledge-based virtual computing environment in which organisations are operating, the current digital forensics tools and practices can no longer meet the need for scientific rigour. There has been an exponential increase in the complexity of the networks with the rise of the Internet of Things, cloud technologies and fog computing altering business operations and models. Adding to the problem are the increased capacity of storage devices and the increased diversity of devices that are attached to networks, operating autonomously. We argue that the laws and standards that have been written, the processes, procedures and tools that …

Prisoner, Prison And Situational Characteristics And Their Relationship With The Prevalence, Incidence And Type Of Prison Offending Recorded By A Sample Of Prisoners Within Western Australian Prisons, Catharine Phillips

Theses: Doctorates and Masters

The importance that researchers and prison administrators have placed on ensuring that the good governance, security and safety of prisons are maintained has generated a number of studies of prison offending. Previous studies have identified several prisoner, prison and situational characteristics as relevant in regard to their relationship with the prevalence, incidence and type of prison offences committed. However, no studies have been conducted in Australia, and therefore no studies have included Aboriginal prisoners in their prisoner samples. In addition, the differences in regard to legislation pertaining to prison offending between jurisdictions is also of importance when considering the generalisability …

Australian Prison Vocational Education And Training And Returns To Custody Among Male And Female Ex-Prisoners: A Cross-Jurisdictional Study, Jesse Cale, Andrew Day, Sharon Casey, David Bright, Jo Wodak, Margaret Giles, Eileen Baldry

Research outputs 2014 to 2021

The current study examined the impact of vocational education and training in the custody setting on returns to custody among Australian adult prisoners from selected jurisdictions. Vocational education and training, education, and behavioural change programme participation in custody and demographic and risk assessment data were provided by correctional services in four Australian states for 10,834 Australian prisoners released from custody in 2010–2011. This information was used to predict returns to custody by 2015–2016. Overall, the results showed that participating in vocational education and training in custody contributed to the likelihood of remaining custody free at two and five years post-release …

Barriers And Facilitators To Recruitment And Enrollment Of Hiv-Infected Individuals With Opioid Use Disorder In A Clinical Trial, Kim Hoffman, Robin Baker, Lynn Elizabeth Kunkel, Elizabeth Needham Waddell, Paula J. Lum, Dennis Mccarty, P. Todd Korthuis

OHSU-PSU School of Public Health Faculty Publications and Presentations

Background

The CTN-0067 CHOICES trial tests implementation of extended-release naltrexone (XR-NTX) versus treatment-as-usual (TAU) for opioid use disorders (OUD) in HIV clinics to improve HIV viral suppression. The study team investigated recruitment strategies to elucidate the barriers and facilitators to recruitment and enrollment in the study.

Main text

Methods: Semi-structured, in-depth, digitally recorded interviews were completed with study recruitment-related staff and medical providers (n = 26) from six participating HIV clinics in the fall of 2018. Interviews probed 1) factors that might prevent prospective participants from engaging in study recruitment and enrollment procedures and 2) strategies used by study …

Disciplinary Regulation Of Prosecutorial Discretion: What Would A Rule Look Like?, Samuel J. Levine

Scholarly Works

This Essay is the third part of a larger project examining the potential role of professional discipline in the regulation and supervision of prosecutors’ charging decisions. The first two parts of the project argued that courts have both the authority and the ability to exercise effective disciplinary review of charging decisions through the adoption of ethics rules and their enforcement in the disciplinary process. This Essay takes the next step in the project, considering the nature of rules that courts might adopt, by exploring potential rules targeting two improprieties: arbitrary and capricious charging decisions, and discriminatory charging decisions.

Redefining The Reasonable Person In Police Encounters: The Impact Of The Mainstream News Media’S Portrayal Of Modern Police Conduct, Taurus Myhand

Scholarly Works

Who is the “reasonable person”? There is little doubt that every competent legal professional, both in law practice and in the academic setting, has spent a great deal of time attempting to define the reasonable person. “Reasonableness is largely a matter of common sense.” In police encounters, the definition is certainly important to the outcome of questionable police conduct. How the reasonable person is defined often determines whether a police officer has infringed on an individual’s Fourth Amendment guarantee to be secure in their person against unreasonable searches and seizures. As the narratives of the news media shape how some …

Criminal Law: The Institutional Design Of Punishment, Aaron Rappaport

The Judges' Book

No abstract provided.

When Law Frees Us To Speak, Danielle K. Citron, Jonathon W. Penney

Faculty Scholarship

A central aim of online abuse is to silence victims. That effort is as regrettable as it is successful. In the face of cyber harassment and sexual privacy invasions, women and marginalized groups retreat from online engagement. These documented chilling effects, however, are not inevitable. Beyond its deterrent function, law has an equally important expressive role. In this article, we highlight law’s capacity to shape social norms and behavior through education. We focus on a neglected dimension of law’s expressive role—its capacity to empower victims to express their truths and engage with others. Our argument is theoretical and empirical. We …

The Sanctuary Of Prosecutorial Nullification, Zohra Ahmed

Faculty Scholarship

In the aftermath of the 2016 election, the shortcomings of existing sanctuary protections came sharply into focus.¹ Historically, cities enacted sanctuary protections to extricate their law enforcement agencies from activities related to federal immigration enforcement. In sanctuary cities, local government agencies are typically restricted from sharing information with federal immigration authorities or from cooperating in apprehending individuals targeted for removal. ² After the White House issued an Executive Order (EO) in late January 2017, many immigrant rights advocates recognized that external facing policies that proscribed direct cooperation would not suffice. ³ The EO announced that Immigration and Customs Enforcement …

Answers Without Words, Anke Schüttler

Answers Without Words

Answers Without Words was a photographic exchange between imprisoned artists from Columbia River Correctional Institution in North Portland, Oregon, and photographers from many places around the world.

CRCI/Free Mind Collective/ A project by, for and with: Quandrell Dumas, Elsa Leydier, Donald Ray Tunis, Maria Jauregui Ponte, Tom Price, Torsten Schumann, Monika Sala, J Barclay, Mischa Christen, Isabel Kiesewetter, Richard Lundquist, Anna Drvnik, Musonda Mwango, Maren Winkler, Joshua Wright, Øyvind Hjelmen, Ben Hall, Sara Lamens, Ivan Jaramillo, Birgit Krause, Donsha Jackson, Tay Kay Chin, Justin Fin Cannon, Kathleen McIntyre, Daniel Bluestein, Dafna Talmon, Joey Lucero, Alice Myers, Michael Brown, Gemma-Rose Turnbull, …

Security And Human Rights: Finding A Language Of Resilience And Inclusion, Liora Lazarus, Benjamin J. Goold

All Faculty Publications

This is the introduction to the second edition of Security and Human Rights (Hart Publishing 2019).

When the first edition of this collection was published in 2007, many scholars were struggling with the question of whether it is possible to reconcile a commitment to human rights with the demands of security in a post-9/11 world. More than a decade later, this fundamental tension remains at the heart of many discussions about the relationship between security and human rights. But in the years that have passed since the first edition, we have also seen the re-emergence of nationalism and xenophobia, a …

Disclosing Prosecutorial Misconduct, Jason Kreag

Vanderbilt Law Review

Prosecutorial misconduct in the form of Brady violations continues to plague the criminal justice system. Brady misconduct represents a fundamental breakdown in the adversarial process, denying defendants a fair trial and undermining the legitimacy of the criminal justice system. Commentators have responded by proposing a range of reforms to increase Brady compliance. Yet these reforms largely ignore the need to remedy the harms from past Brady violations. Furthermore, these proposals focus almost entirely on the harms defendants face from prosecutors'Brady misconduct, ignoring the harms victims, jurors, witnesses, and others endure because of Brady misconduct. This Article proposes a new remedy …

Evidence Law: Convictions Based On Circumstantial Evidence, Binyamin Blum

The Judges' Book

No abstract provided.

Criminal Clear Statement Rules, Carissa Byrne Hessick, Joseph E. Kennedy

Faculty Publications

There is a broad consensus in the criminal justice community that our criminal statutes are a mess: They are imprecise, overly broad, and overly punitive. Legislatures write these laws because there are significant political incentives for them to be “tough on crime” and few incentives for them to write carefully crafted laws. The problems of over-criminalization thus seem to be both a predictable yet intractable consequence of the incentives that legislatures face. But this Article offers a novel solution: Judges should develop new clear statement rules to interpret criminal statutes. The Supreme Court has created clear statement rules to protect …

Talking About Black Lives Matter And #Metoo, Linda S. Greene, Lolita Buckner Inniss, Bridget J. Crawford, Mehrsa Baradaran, Noa Ben-Asher, I. Bennett Capers, Osamudia James, Keisha Lindsay

Faculty Publications

No abstract provided.

Wealth-Based Penal Disenfranchisement, Beth A. Colgan

Vanderbilt Law Review

This Article offers the first comprehensive examination of the way in which the inability to pay economic sanctions-fines, fees, surcharges, and restitution-may prevent people of limited means from voting. The Supreme Court has upheld the constitutionality of penal disenfranchisement upon conviction, and all but two states revoke the right to vote for at least some offenses. The remaining jurisdictions allow for reenfranchisement for most or all offenses under certain conditions. One often overlooked condition is payment of economic sanctions regardless of whether the would-be voter has the ability to pay before an election registration deadline. The scope of wealth-based penal …

Mediator Burnout, Lydia Nussbaum

Scholarly Works

Being a mediator is hard work Mediators must make meaningful connections with individuals without over-stepping bounds of impartiality, manage emotions without becoming emotionally invested, and empower decision-making without undermining self-determination. Decades of research into occupational stress, also known as "burnout," indicates that mediators not only are susceptible to burnout, but also that the symptoms of burnout undermine fundamental principles of quality mediation. For example, a burned-out mediator may exhibit narrow and uncreative thinking, diminished capacity to regulate emotions, compromised decision-making, and deficits in attention and memory.

The prospect of mediator burnout not only threatens the quality of mediation, but it …

Global Carceral Feminism And Domestic Violence: What The West Can Learn From Reconciliation In Uganda, Aparna Polavarapu

Scholarly Works

Around the world, policies and laws emphasizing criminal justice have dominated domestic violence interventions for decades. In the United States, certain feminist advocates worked with state actors to develop a primarily criminal justice response to domestic violence. Western influence in the international human rights movement has spread this approach around the world, leading it to become the key means of addressing violence against women. However, critics argue that the overreliance on the criminal justice system is a key failure of the anti-domestic-violence movement, with some referring to the strain of feminism promoting prosecution as "carceral feminism. " The carceral approach …

Crime And Punishment In Gold Country: A Historical Case-Study, Lawrence M. Friedman, Shih-Chun Chien

Scholarly Works

No abstract provided.

Court Personnel Attitudes Towards Medication-Assisted Treatment: A Statewide Survey, Barbara Andraka-Christou, Meghan Gabriel, Jody L. Madeira, Rod D. Silverman

Articles by Maurer Faculty

Background: Despite its efficacy, medication-assisted treatment (MAT) is rarely available in the criminal justice system in the United States, including in problem-solving courts or diversionary settings. Previous studies have demonstrated criminal justice administrators' hostility towards MAT, especially in prisons and jails. Yet, few studies have examined attitudes among court personnel or compared beliefs among different types of personnel. Also, few studies have explored the relationship between MAT education/training and attitudes. Finally, few studies have directly compared attitudes towards methadone, oral buprenorphine, and extended-release naltrexone in the criminal justice system.

Methods: We modified a survey by Matusow et al. (2013) to …

Harm, Sex, And Consequences, India Thusi

Articles by Maurer Faculty

At a moment in history when this country incarcerates far too many people, criminal legal theory should set forth a framework for reexamining the current logic of the criminal legal system. This Article is the first to argue that “distributive consequentialism,” which centers the experiences of directly impacted communities, can address the harms of mass incarceration and mass criminalization. Distributive consequentialism is a framework for assessing whether criminalization is justified. It focuses on the outcomes of criminalization rather than relying on indeterminate moral judgments about blameworthiness, or “desert,” which are often infected by the judgers’ own implicit biases. Distributive consequentialism …

The Persecution Of Stones: War Crimes, Law's Autonomy And The Co-Optation Of Cultural Heritage, Timothy W. Waters

Articles by Maurer Faculty

In 1567, a bridge was built over a river in Bosnia-a bridge widely seen as a work of great beauty. In 1993, it was destroyed in a war. What did its destruction mean? Was it a crime-and which one? An assault on culture-and whose? Between 2004 and 2017, a trial held in The Hague sought to answer these questions. The way it did-the assumptions and categories the prosecutors and judges deployed, the choices they made-tells us something important about how law operates and how it appropriates other bodies of knowledge, whether in a now-obscure Balkan conflict or on the battlefields …

Technologically Distorted Conceptions Of Punishment, Jessica M. Eaglin

Articles by Maurer Faculty

Much recent work in academic literature and policy discussions suggests that the proliferation of actuarial — meaning statistical — assessments of a defendant’s recidivism risk in state sentencing structures is problematic. Yet scholars and policymakers focus on changes in technology over time while ignoring the effects of these tools on society. This Article shifts the focus away from technology to society in order to reframe debates. It asserts that sentencing technologies subtly change key social concepts that shape punishment and society. These same conceptual transformations preserve problematic features of the sociohistorical phenomenon of mass incarceration. By connecting technological interventions and …

Appendix: Notable Faculty Scholarship In 2018

The Judges' Book

No abstract provided.

Analysis Of The Cryptocurrency Adoption Decision: Literature Review, Saeed Alzahrani, Tugrul Daim

Engineering and Technology Management Faculty Publications and Presentations

Cryptocurrency is a recent and significant innovation in the financial industry. The goal is to offer a currency that is not tied, created, or backed by a government. Cryptocurrency use the Blockchain technology as the financial platform. Cryptocurrency adoption level has increased, and the market has grown dramatically. There have not been enough literature investigating the adoption and acceptance of the cryptocurrency by users. The aim of this paper is to fill the gap in the current literature by investigating the current cryptocurrency adoption level, adoption-influencing factors, providing an in-depth analysis of these factors and discussing some pitfalls surrounding the …

Pdxscholar Annual Report 2018, Karen Bjork, Sherry Buchanan, David Coate, Bertrand Robinson, Stacey Schlatter

Library Faculty and Staff Publications and Presentations

This report details the eighth year of operation for PDXScholar, Portland State University's institutional repository, as well as the growth of Portland State University Library's publishing services. The report covers the period between January 1, 2018 and December 31, 2018.

Oklahoma’S State Question 780: Criminal Justice Reform And Resistance, Stephen R. Galoob, Colleen Mccarty, Ryan Gentzler

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.