Digital Commons Network^™

Child-Friendly Justice Behind Bars: A Comparative Analysis Of The Protection Mechanisms Of The Rights Of Arrested Children In The Practice Of The Working Group On Arbitrary Detention And Of The European And Inter-American Courts Of Human Rights, Áquila Mazzinghy

American University International Law Review

No abstract provided.

Domestic Violence And Self-Defense: Respecting Women's Autonomy By Creating A Woman-Centered Law Of Self-Defense, Caroline Gillis

Upper Level Writing Requirement Research Papers

No abstract provided.

Incarcerated Women: Reproductive Healthcare Concerns Silenced By The Prison Litigation Reform Act, Amanda Feldman

Upper Level Writing Requirement Research Papers

No abstract provided.

Recalibrating Suspicion In An Era Of Hazy Legality, Deborah Ahrens

Seattle University Law Review

After a century of employing varying levels of prohibition enforced by criminal law, the United States has entered an era where individual states are rethinking marijuana policy, and the majority of states have in some way decided to make cannabis legally available. This symposium Article will offer a description of what has happened in the past few years, as well as ideas for how jurisdictions can use the changing legal status of cannabis to reshape criminal procedure more broadly. This Article will recommend that law enforcement no longer be permitted use the smell of marijuana as a reason to search …

Restorative Justice Approaches To The Informal Resolution Of Student Sexual Misconduct, Madison Orcutt, Patricia M. Petrowski, David R. Karp, Jordan Draper

Law Student Scholarship

This article reviews controversies about campus Title IX adjudication and the recent implementation of restorative justice (or RJ) responses to campus sexual harm. The RJ approach focuses on who has been harmed, what their needs are, and how the person who harmed them can meet those needs. Instead of engaging in adjudication, RJ aims to get an individual who caused harm to understand the impact of and take responsibility for their actions. Part I defines the RJ approach, describes various practices, and details the preparation necessary for a structured informal resolution process. Part II explains why RJ approaches have been …

The Wandering Officer, Ben Grunwald, John Rappaport

Faculty Scholarship

“Wandering officers” are law-enforcement officers fired by one department, sometimes for serious misconduct, who then find work at another agency. Policing experts hold disparate views about the extent and character of the wandering-officer phenomenon. Some insist that wandering officers are everywhere—possibly increasingly so—and that they’re dangerous. Others, however, maintain that critics cherry-pick rare and egregious anecdotes that distort broader realities. In the absence of systematic data, we simply do not know how common wandering officers are or how much of a threat they pose, nor can we know whether and how to address the issue through policy reform.

In this …

The Law Of Corporate Investigations And The Global Expansion Of Corporate Criminal Enforcement, Jennifer Arlen, Samuel W. Buell

Faculty Scholarship

The United States model of corporate crime control, developed over the last two decades, couples a broad rule of corporate criminal liability with a practice of reducing sanctions, and often withholding conviction, for firms that assist enforcement authorities by detecting, reporting, and helping prove criminal violations. This model, while subject to skepticism and critiques, has attracted interest among reformers in overseas nations that have sought to increase the frequency and size of their enforcement actions. In both the U.S. and abroad, insufficient attention has been paid to how laws controlling the conduct of corporate investigations are critical to regimes of …

Judging Eyewitness Evidence, Brandon L. Garrett

Faculty Scholarship

No abstract provided.

Undeliverable: Suspended Driver's Licenses And The Problem Of Notice, Brandon L. Garrett, Karima Modjadidi, William Crozier

Faculty Scholarship

In North Carolina, one in seven adult drivers currently has a suspended license for nondriving related reasons. As in many other states, in North Carolina, driver’s licenses are commonly suspended, for reasons unrelated to safety, when a person fails to appear in court in response to notice of a traffic court date or fails to pay traffic fines. Notices of traffic court dates are sent by mail, typically to the address on record at the Department of Motor Vehicles, as are subsequent notices that the consequence for nonappearance will be a driver’s license suspension. To better understand the effects of …

Differences On The Use Of Emotion Regulation Strategies And Intimate Partner Aggression Between Males And Females, Natalia Rodriguez Romero, Alexandra Martelli

UROP Posters

Differences on the Use of Emotion Regulation Strategies and Intimate Partner Aggression Between Males and Females

Natalia Rodriguez Romero, Depts. of Psychology and Criminal Justice, and Alexandra M. Martelli, Dept. of Psychology Graduate Student, with Dr. David Chester, Dept. of Psychology

Intimate partner aggression (IPA) is defined as an attempt to harm one’s romantic partner via physical, verbal, or sexual means. It is crucial to determine key factors related to IPA perpetration to further understand the phenomena and reduce its prevalence in society. We explored gender differences in the use of emotion regulation strategies and IPA perpetration. The emotion regulation …

Language Skills Of Children And Youth With Schizophrenia: A Meta-Analysis, Laura Griffith

UROP Posters

Language Skills of Children and Youth with Schizophrenia: A Meta-Analysis

Laura Griffith, Depts. of Psychology, Criminal Justice, & History, with Dr. Jason Chow, VCU School of Education

Schizophrenia is a severe psychological disorder that remains difficult to understand. Since the presentation of the disorder can vary widely from person to person, there is much debate about the exact nature and cause of the disorder. Some researchers and clinicians prioritize certain symptoms above others, leading to multiple viewpoints on exactly what type of disorder schizophrenia is. In spite of these differences, one commonality among many researchers is the hope to find …

A Unified Constitutional View Of Financial Punishment: Synthesizing The Excessive Fines Clause And Bearden­ Based Protections, Joshua A. Feinzig

Faculty Scholarship

This Note coordinates the Eighth Amendment Excessive Fines Clause with the Fourteenth Amendment wealth-discrimination protection set forth in Bearden v. Georgia It is generally assumed that the two protections operate independently: while the Excessive Fines Clause protects individuals against exorbitant financial obligations, Bearden limits the state from converting criminal debt into a severe liberty deprivation. But in recognizing how the two doctrines are normatively and functionally reinforcing, this Note proposes a single framework for considering financial punishment's constitutionality.

If the Eighth Amendment protection applies at the imposition of a financial punishment, Bearden provides a "second look" at the constitutionality of …

The Kingian Nonviolence Conflict Reconciliation Training Program: Outcomes For High School Students’ Cultural, Social, And Emotional Learning, Khadijah Nelly Cyril

Open Access Dissertations

Violence refers to any act or behavior that causes harm (Centers for Disease Control and Prevention [CDC], 2018), and is considered a serious public health issue. Violence puts a burden on individuals, families, and communities, which in turn cause physical and psychological damage. Kingian Nonviolence Conflict Reconciliation Program (Kingian Nonviolence) is an introductory program that serves to address the root causal conditions of violence within oneself and the greater community. Kingian Nonviolence operates on the principle that nonviolence is the only antidote for violence. Core concepts discussed in Kingian Nonviolence include: violence, nonviolence versus non(-hyphen)violence, compassion, values, conflict, conflict resolution, …

Multicultural Research In Forensic Psychology: Where Are We Now?, Rebecca J. Aguiar

Open Access Dissertations

Introduction: Forensic psychology is one of the fastest-growing areas in psychology. Over the past few decades, forensic psychology research has had significant impact on legal outcomes and clinical practice. Further, the population served by forensic psychologists has become increasingly diverse. However, past reviews of forensic psychology research indicates cultural factors are not always prominent variables of interest. Accordingly, this study examined how cultural variables are captured within forensic psychology research, and identified the proportion of articles in major forensic psychology journals focused on multicultural research. This study aimed to extend previous work by examining the incorporation of cultural variables capturing …

A Colonial Castle: Defence Of Property In R V Stanley, Alexandra Flynn, Estair Van Wagner

All Faculty Publications

In 2016, Gerald Stanley shot 22-year-old Colten Boushie in the back of the head after Boushie and his friends entered his farm. Boushie died instantly. Stanley relied on the defence of accident and was found not guilty be an all-white jury. Throughout the trial, Stanley invoked concerns about trespass and rural crime (particularly property crime), much of which was of limited relevance to whether or not the shooting was an accident. We argue that the assertions of trespass shaped the trial, yet were not tested by the jury through a formal invocation of the defence of property.

The Categorical Imperative As A Decarceral Agenda, Jessica M. Eaglin

Articles by Maurer Faculty

In his forthcoming book, The Insidious Momentum of Mass Incarceration, Frank Zimring proposes two alternative methods to decarcerate: states can adopt a categorical imperative to reduce prison populations or states can reform the governance of sentencing. This symposium Essay focuses on the first of these options, as proposed in his tentative Chapter Six, wherein Zimring calls for categorically removing drug-addicted offenders from eligibility for prison sanctions and expanding use of jails for categories of offenses or offenders.

These methods, I suggest, exist in tension with numerous popular sentencing reforms being implemented in the states right now. Popular reforms, including the …

“I Did It, But . . . I Didn’T”: When Rejected Affirmative Defenses Produce Wrongful Convictions, James R. Acker, Sishi Wu

Nebraska Law Review

I. Introduction

II. Wrongful Convictions and Failed Affirmative Defenses

III. When Rejected Affirmative Defenses Produce Wrongful Convictions: Case Studies ... A. Exonerations in the Wake of Rejected Justification Defenses ... B. Exonerations in the Wake of Rejected Excuse Defenses

IV. What Went Wrong? Sources of Error in Failed Affirmative Defense Exoneration Cases ... A. Failed Self-Defense ... B. Failed Excuse Defenses

V. Compensation for Wrongful Conviction and Incarceration

VI. Conclusion

Concerning A Supplemental Appropriation To The Department Of Human Services., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Continuation Of The Regulation Of Mental Health Professionals, And, In Connection Therewith, Implementing Recommendations Contained In The 2019 Sunset Report By The Department Of Regulatory Agencies., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning A Supplemental Appropriation To The Judicial Department., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Repeal Of The Authority For The Division Of Criminal Justice To Expend An Unused Appropriation For The Law Enforcement Grant Program In The Next Fiscal Year Without Further Appropriation., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning Measures To Assist An Individual’S Recovery From A Substance Use Disorder, And, In Connection Therewith, Making And Reducing An Appropriation., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Nonsubstantive Revision Of Statutes In The Colorado Revised Statutes, As Amended, And, In Connection Therewith, Amending Or Repealing Obsolete, Imperfect, And Inoperative Law To Preserve The Legislative Intent, Effect, And Meaning Of The Law., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning Creating A Multi-Agency Working Group To Address School Safety., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning Money Appropriated For Housing Assistance For Persons Transitioning From The Criminal Or Juvenile Justice System., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Allocation Of Money The State Received From The Federal Coronavirus Relief Fund For Behavioral Health Services., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Development Of A Strategic Plan To Implement A Trusted Interoperability Platform., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Recodification Of Statutory Provisions Governing The Department Of Law., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning Measures To Manage The State Prison Population, And, In Connection Therewith, Making An Appropriation., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning Certain Conforming Amendments Necessitated By The Transfer Of Certain Programs To The Department Of Human Services From The Department Of Public Health And Environment Pursuant To House Bill 13–1117., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.