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Symposium 2019: Restorative Justice

Richmond Public Interest Law Review

No abstract provided.

Symposium 2019: Restorative Justice

Richmond Public Interest Law Review

No abstract provided.

Vocational And Life Skills Monthly Data Update: March 2020, Uno Nebraska Center For Justice Research, Katelynn Towne

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 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. …

Vocational And Life Skills Quarterly Report: Grant Cycle 3 Quarter 7 January-March 2020, 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 Seven of Grant Cycle Three. VLS was created by Nebraska Legislative Bill 907 in 2014 with the purpose of reducing recidivism and increasing meaningful employment for individuals convicted of a crime in Nebraska. The report contains 1) descriptions of the eight funded organizations across the state, 2) a snapshot of participation, 3) demographics of the participants, and 4) participation breakdowns and descriptions of the skills participants are gaining through VLS programming. VLS plans to reevaluate service provider inclusions at the conclusion of …

Human Rights, Those Who Are Governed And The Legitimacy Of Law Enforcement, Lynn Rhodes

Comparative Civilizations Review

Most everyone, if not all of us, wants to be happy. Peace is a common denominator frequently sought. It is human nature to seek security, another word for happiness. Human Rights, as we know, are basic rights and freedoms that inherently belong to every person.

In Pursuit Of Economic Justice: The Political Economy Of Domestic Violence Laws And Policies, Deborah M. Weissman

Utah Law Review

Violence experienced within the family — perhaps the most intimate of all social arrangements — causes devastating consequences. Recent phenomena, including accounts of perpetrators of mass shootings with a history of domestic violence and the #MeToo movement, have called new attention to the costs and consequences of violence against women. Intimate violence wreaks havoc extending beyond the private spaces of the household, thereupon to lay bare the structural shortcomings of public institutions.

The act of domestic violence enters the public imagination principally as an offense of physical abuse. It is more complicated. In fact, intimate partner violence (IPV) is often …

Sexual Violence And Future Harm: Lessons From Asylum Law, Shawn E. Fields

Utah Law Review

Sexual violence victims face unique and enduring safety risks following an assault. The legal system’s gradual shift from solely punishing offenders for past acts to protecting survivors from future harm reflects a recognition of this fact. But so-called “sexual assault protection order” statutes impose onerous “future harm” requirements – including proof by clear and convincing evidence that another sexual assault is imminent – that belies the realities of ongoing injury for victims and creates barriers to protection similar to the criminal justice approach to rape.

This Article suggests a different approach, one justified by a novel analogy to the refugee …

Relationship Of Procedural Justice And Public Satisfaction In A Sub-Urban Maine Community, Kevin J. Chabot

All Theses And Dissertations

Crime statistics, while meaningful, do not provide adequate data in determining the effectiveness of police. Public satisfaction with the police is the operative measurement to determine the legitimacy and effectiveness for police agencies. While there is little data for communities with a population of less than 50,000, no data existed for the sub-urban southern Maine community under study. The purpose of this study was to inform stakeholders of the quality of police services in the community and additionally, to determine if the constructs of procedural justice (honesty, empathy, fairness, and transparency) had an effect on public satisfaction with police services. …

Artificial Agents In Corporate Boardrooms, Sergio Alberto Gramitto Ricci

Faculty Works

Thousands of years ago, Roman businessmen often ran joint businesses through commonly owned, highly intelligent slaves. Roman slaves did not have full legal capacity and were considered property of their co-owners. Now business corporations are looking to delegate decision-making to uber intelligent machines through the use of artificial intelligence in boardrooms. Artificial intelligence in boardrooms could assist, integrate, or even replace human directors. However, the concept of using artificial intelligence in boardrooms is largely unexplored and raises several issues. This Article sheds light on legal and policy challenges concerning artificial agents in boardrooms. The arguments revolve around two fundamental questions: …

Front Matter

Hofstra Law Review

No abstract provided.

It's Time To Believe: Resolving The Circuit Split Over The Good-Faith Exception To The Exclusionary Rule, Blake R. Hills

Hofstra Law Review

No abstract provided.

Shackling Prejudice: Expanding The Deck V. Missouri Rule To Nonjury Proceedings, Sadie Shourd

Vanderbilt Law Review

Courts in the United States have traditionally held that criminal defendants have the right to be free from unwarranted restraints visible to the jury during the guilt phase of a trial. The term “unwarranted restraints” refers to the use of restraints on a defendant absent a court’s individualized determination that such restraints are justified by an essential state interest. In Deck v. Missouri, the Supreme Court expanded the prohibition against unwarranted restraints to the sentencing phase of a trial. The law regarding the unwarranted shackling of defendants in nonjury proceedings, however, remains unsettled. The U.S. Courts of Appeals for the …

Blue Lives & The Permanence Of Racism, India Thusi

Articles by Maurer Faculty

In true dystopian form, the killing of unarmed Black people by the police has sparked a national narrative about the suffering of police officers. “Blue Lives Matter” has become the rallying call for those offended by the suggestion that we should hold police officers accountable for killing unarmed Black people. According to a December 2016 poll, 61% of Americans believed that there was a “war on police,” and 68% of Whites had a favorable view of the police as compared to 40% of Blacks. Lawmakers around the country have been proposing Blue Lives Matter laws that make it a hate …

The Pacific Sentinel, March 2020, Portland State University. Student Publications Board

The Pacific Sentinel

Editor: Jake Johnson

Articles in this issue include:

• Letter From the Editor
• Safe Together?
• Vaccination: Spreading Misinformation Spreads Disease
• Impeachment? What Just Happened?
• Vote Local
• Under the Red Lights
• Homeschool Pride
• The Utopia of Animal Crossing
• Not Too Cold to Canvas for Bernie
• The Top 5 Shoegaze Albums of 2019
• Nick Fish’s Untimely Death and Enduring Legacy
• Harry Styles Is a Mess
• Dump Those Dumplings in My Mouth
• The Real Horror of The Turning is Its Disappointing Story

An Invasion Of Privacy: Genetic Testing In An Age Of Unlimited Access, Najla Hasic

Southern Illinois University Law Journal

This Note discusses how privacy rights are implicated when direct-to-consumer (DTC) genetic testing companies disclose an individual’s genetic information to law enforcement officers—often without any warrant or legal procedures required—who then use that data to implicate an individual’s family members in crimes.

After a brief introduction, Part II of this Note discusses DNA, what it is, and how it is used and tested by both state and private actors. It also provides a brief history of the Fourth Amendment with a specific focus on its application in jurisprudence as technology advances and privacy rights diminish. Finally, an overview of current …

Restitution In The Abatement Context, Charles See

Southern Illinois University Law Journal

When a convicted defendant dies while her direct appeal is pending, federal courts today unanimously agree that the common law doctrine of abatement ab initio requires that the defendant’s conviction be “abated,” meaning the conviction is vacated and the case remanded to the district court with instructions to dismiss the indictment. But the courts have historically disagreed about what, exactly, is abated along with the conviction, particularly in the restitution context. Those focusing on the “punishment” rationale favor abating the conviction, but not any associated restitution payments, while those favoring the “finality” rationale argue that due process concerns require that …

Tinker-Ing With Machine Learning: The Legality And Consequences Of Online Surveillance Of Students, Amy B. Cyphert

Nevada Law Journal

All across the nation, high schools and middle schools are quietly entering into contracts with software companies to monitor the online activity of their students, attempting to predict the next school shooter or to intervene with a student who might be contemplating suicide. Systems using algorithms powered by machine learning trawl the Facebook posts of fifteen–year–olds and weed through the Twitter feeds of seventeen–year–olds. When certain keywords or features are flagged, the posts are forwarded to school administrators, who can decide whether the post requires an intervention and whether the student requires discipline. Who (or what) decides what these keywords …

Mental Health And The Constitution: How Incarcerating The Mentally Ill Might Pave The Way To Treatment, Samantha M. Caspar, Artem M. Joukov

Nevada Law Journal

Inmates with mental illnesses, including opioid addiction, face many challenges while incarcerated. Prisons and jails in their current state prove illequipped to address these problems. Because symptoms of these illnesses often involve suffering similar to an untreated physical injury, the inability of jails and prisons to address these inmates’ needs for treatment may violate the Eighth Amendment. Requiring correctional facilities to provide proper treatment may establish a balance between punishment and healing by exposing inmates to mental health treatments for a limited time, allowing for inmate protection, reducing recidivism, and fueling some inmates’ desires to seek additional help upon release. …

Identifying Markers Of Transit States Embedded In International Drug Trafficking Networks, Citlalik Ibarra Figueroa

Electronic Theses, Projects, and Dissertations

Illicit drugs can travel across multiple borders before reaching their intended retail market. International drug trafficking is important because it introduces a large quantity of foreign sourced illicit drugs into domestic drug markets. Of utmost importance are countries that lie along the transshipment paths used by international drug trafficking operations that facilitate the movement of illicit drugs. Understanding the characteristics of countries operating as transit states is necessary to combat transshipment operations. The study investigates social, economic, geographic, and political factors that have the potential to account for nations being positioned as transit states in illicit drug transshipment networks generated …

Personality Differences In Predicting Assault And Binge Drinking: Variation Across Explanatory Factors And Gender, Allison De Franco

Electronic Theses, Projects, and Dissertations

General theories of offending seem to be favored in recent criminological literature, with the assumption being that the same factor(s) cause all forms of deviance and criminality. However, there is a case to be made for crime-specific models that predict different types of individuals will commit varying forms of deviant behavior. Using survey data collected from 108 female and 116 male college students, we measured their levels of various personality traits–empathy, guilt, detachment, and externalization–as well as their incidence of assault and binge drinking over the previous year. It was predicted that detachment and/or externalization would have significant positive associations …

An Interrupted Time Series Analysis Evaluating The Impact Of Heller On Violent Gun Crime Trends In Washington D.C. And Detroit, Michigan, Naveen Raj Madahar

Electronic Theses, Projects, and Dissertations

This thesis set out to determine whether the Supreme Court’s abolishment of Washington D.C.’s Firearms Control Regulations Act handgun ban in 2008 had any impact on the city’s violent gun crime rates. Using an interrupted time series design, analysis of FBI Uniform Crime Report monthly data revealed no statistically significant association between the removal of the FCRA’s handgun band and decreasing gun violence in Washington D.C. from 1998 to 2015.

Acknowledgements, Athena M. Dufour

University of Richmond Law Review

No abstract provided.

Shared Histories: The Feminist And Gay Liberation Movements For Freedom In Public, Elizabeth Sepper, Deborah Dinner

University of Richmond Law Review

This Symposium on the fiftieth anniversary of the Stonewall Rebellion presents the opportunity to evaluate the regulation and deregulation of gender and sexuality in public space. In 1969, LGBTQ people erupted against policing, harassment, and exclusion in public spaces. While they had engaged in earlier, smaller protests and reforms, Stonewall ignited a mass gay liberation movement and sparked popular awareness of LGBTQ people’s civil rights struggles. LGBTQ activists demanded their rights to express identity, associate with one another, and engage in queer behavior. That same year, the newly burgeoning feminist movement also launched protests and called for women’s equality in …

Framing Legislation Banning The "Gay And Trans Panic" Defenses, Jordan Blair Woods

University of Richmond Law Review

This Article, prepared for the University of Richmond Law Reviewsymposium commemorating the fiftieth anniversary of the Stonewall Riots of 1969, uses the Stonewall Riots as an opportunity to analyze and theorize the political dimensions of legislation banning the gay and trans panic defenses. As a moment of resistance to state violence against LGBTQ people, the Stonewall Riots are a useful platform to examine the historical and current relationship between the state and the gay and trans panic defenses. Drawing on original readings of medical literature, this Article brings the historical role of the state in the growth of gay …

Playing By The Rule: How Aba Model Rule 8.4(G) Can Regulate Jury Exclusion, Anna Offit

Fordham Law Review

Discrimination during voir dire remains a critical impediment to empaneling juries that reflect the diversity of the United States. While various solutions have been proposed, scholars have largely overlooked ethics rules as an instrument for preventing discriminatory behavior during jury selection. Focusing on American Bar Association Model Rule of Professional Conduct 8.4(g), which regulates professional misconduct, this Article argues that ethics rules may, under certain conditions, deter the exclusionary practices of legal actors. Part I examines the specific history, evolution, and application of revised Model Rule 8.4(g). Part II delves into the ways that ethics rules in general, despite their …

Evaluating The Facilitating Attuned Interactions (Fan) Approach: Vicarious Trauma, Professional Burnout, And Reflective Practice, Katherine Hazen, Matthew W. Carlson, Holly Hatton-Bowers, Melanie Fessinger, Jennie Cole-Mossman, Jamie Bahm, Kelli Hauptman J.D., Eve Brank, Linda Gilkerson

Center on Children, Families, and the Law: Faculty Publications

Background: This evaluation examined the use of the Facilitated Attuned Interaction (FAN) approach to reflective practice among child welfare and early childhood professionals working with vulnerable children and families.

Objective: The aims of the current evaluation were to test (a) the role of vicarious trauma in predicting professional burnout, (b) the effect of reflective practice quality in decreasing professional burnout, and (c) the ability of reflective practice quality to lessen the relationship between vicarious trauma and professional burnout.

Participants and Setting: The sample included sixty-three professionals across diverse professions including child welfare social workers, early childhood educators, and child welfare …

Lgbt Rights In The Fields Of Criminal Law And Law Enforcement, Carrie L. Buist

University of Richmond Law Review

In couching this discussion within the theoretical and practical application of queer criminology, this Essay will highlight the marginalization of LGBTQ+ folks and explore the impact that intersectionality has on the experiences of the LGBTQ+ community with special attention on law enforcement. For example, queer criminology studies the persistent distrust that the LGBTQ+ community has of police as well as the experiences of LGBTQ+ identified police officers and other agents within the criminal legal system. Further, as the current Administration continues to roll back the rights and liberties of the LGBTQ+ community, there must be a focus on how past …

Joined-Up Government In The Prevention Of Terrorist-Financing Offenses By Nonprofit Organizations: An Evidence-Based Approach, Maliki Sukmana

Jurnal Politik

Indonesian interagency coordination to prevent terrorist-financing offenses by nonprofit organizations has several drawbacks. This article applies textual analysis and an evidence-based approach to draw effective coordination mechanisms from several countries’ experiences and to design a model of interagency coordination. The model illustrates mechanisms that can be the drivers of changes and minimize ineffective interagency coordination, which may lead to an increase in nonprofit vulnerabilities to terrorist-financing offenses. Evidence drawn from several countries that are contextually relevant to Indonesia, namely, Australia, Malaysia, Saudi Arabia, and Singapore, illustrates that effective interagency coordination potentially reduces the risks of terrorist financing and has synchronized …

On Beauty And Policing, I. India Thusi

Northwestern University Law Review

“To protect and serve” is the motto of police departments from Los Angeles to Cape Town. When police officers deviate from the twin goals of protection and service, for example by using excessive force or by maintaining hostile relations with the community, scholars recommend more training, more oversight, or more resources in policing. However, police appear to be motivated by a superseding goal in the area of sex work policing. In some places, the policing of sex workers is connected to police officers’ perceptions of beauty, producing a hierarchy of desirable bodies as enforced by those sworn to protect and …

Collective Criminality And Sexual Violence: Fixing A Failed Approach, Susana Sacouto

Scholarly Articles in Law Reviews & Journals

International criminal tribunals have developed a number of legal theories designed to hold individuals responsible for their role in collective criminal conduct. These doctrines of criminal participation, known as modes of liability, are the subject of significant scholarly commentary. Yet missing from much of this debate, particularly as regards the International Criminal Court, has been an analysis of how current doctrine on modes of liability responds to the need to hold collective perpetrators criminally responsible for crimes of sexual and gender-based violence (SGBV). Indeed, many writings in this area of the law address perceived shortcomings in the theoretical underpinnings of …