Digital Commons Network^™

Lifting The Veil: The Impact Of Framing On Sentencing Disparities Between Males And Females Convicted Of Terrorism Since The Rise Of Isis, 53 Uic J. Marshall L. Rev. 113 (2020), Natalia Galica

UIC Law Review

No abstract provided.

Buried Alive: The Need To Establish Clear Durational Standards For Solitary Confinement, 53 Uic J. Marshall L. Rev. 235 (2020), Ruth Chan

UIC Law Review

No abstract provided.

Resentencing Juveniles: States’ Implementation Of Miller And Montgomery Through Resentencing Hearings, 53 Uic J. Marshall L. Rev. 311 (2020), Emily Komp

UIC Law Review

No abstract provided.

Retributivist Reform Of Collateral Consequences, Brian M. Murray

Connecticut Law Review

This Article applies retributivist principles to discussions about collateral consequences reform. Retributivist ideas relating to agency and responsibility, proportionality, personal and communal restoration, and the obligations and duties of the state, as well as the broader community, suggest suspicion of an expansive collateral consequences regime. A retributivist assessment, cognizant of realities within the criminal system, reveals that many are overly punitive and disruptive of social order. Legislatures that prioritize retribution as a justification for and constraint on punishment should think clearly about whether existing collateral consequences result in disproportionate suffering and, if so, reconsider them. This includes the outsourcing of …

Paternalism Or Gender-Neutrality?, Stephen J. Ware

Connecticut Law Review

The strong and widely accepted reasons for using gender-neutral language presumptively apply to the gendered word paternalism and its gender-neutral counterpart, parentalism. With these reasons in mind, this Article’s thesis is that legal scholars should begin with a presumption for using the gender-neutral word parentalism, while using paternalism only when emphasizing the important relevance of gender or otherwise trying to convey a gendered meaning. Accordingly, many legal scholars define paternalism in an expressly gendered way—such as “the institutionalization of male dominance,” or an “ideology [that] teaches men to minimize women’s agency”—or fittingly use paternalism to describe an attitude especially characteristic …

Paternalism Or Gender-Neutrality?, Stephen J. Ware

Connecticut Law Review

The strong and widely accepted reasons for using gender-neutral language presumptively apply to the gendered word paternalism and its gender-neutral counterpart, parentalism. With these reasons in mind, this Article’s thesis is that legal scholars should begin with a presumption for using the gender-neutral word parentalism, while using paternalism only when emphasizing the important relevance of gender or otherwise trying to convey a gendered meaning. Accordingly, many legal scholars define paternalism in an expressly gendered way—such as “the institutionalization of male dominance,” or an “ideology [that] teaches men to minimize women’s agency”—or fittingly use paternalism to describe an attitude especially characteristic …

The Hartford Guidelines On Speech Crimes In International Criminal Law, Richard Ashby Wilson, Matthew Gillett

Faculty Articles and Papers

The Hartford Guidelines on Speech Crimes in International Criminal Law are a comprehensive survey of individual criminal responsibility for harmful speech acts under international criminal law. The Guidelines offer a restatement of current international law concerning speech crimes with a view to assisting international agencies, national authorities and other actors contemplating appropriate regulatory responses to inciting speech and associated human rights violations. As such, they provide legal actors with an urgently needed, authoritative and systematic legal framework for regulating and sanctioning speech that violates international legal standards. Speech crimes are a decidedly unsettled area of international criminal law. There is …

An Unappreciated Constraint On The President’S Pardon Power, Aaron Rappaport

Connecticut Law Review

Most commentators assume that, except for the few restrictions expressly mentioned in the U.S. Constitution, the President’s pardon power is unlimited. This Paper suggests that this common view is mistaken in at least one unexpected way. Presidential pardons must satisfy a modest procedural rule: they must list the specific crimes covered by the pardon. The “specificity requirement” means that vague and broadly worded pardons are invalid.

This claim bears a significant burden of persuasion, since it runs so counter to accepted opinion. Nonetheless, that burden can be met. This Paper’s argument rests on an originalist understanding of the constitutional text, …

Fight Online Sex Trafficking Act And Stop Enabling Sex Traffickers Act: A Shield For Jane Doe, Elizabeth M. Donovan

Connecticut Law Review

After concluding that the Communications Decency Act of 1996 was never intended to provide legal protection to websites that facilitate traffickers advertising sex trafficking victims, Congress passed the Allow States and Victims to Fight Online Sex Trafficking Act of 2017 and the Stop Enabling Sex Traffickers Act of 2017, commonly known together as FOSTA-SESTA. This Article considers and then rejects the claim by sex workers and sex worker rights advocates that the alleged burdens FOSTA-SESTA puts on those who self-report as freely choosing to work in the sex trade outweigh the potential benefit—fewer sex-trafficked people.

Early Release For Prisoners Convicted Of Violent Crimes: Can Anyone Escape The Incapacitation-Retribution Catch-22?, Michael O'Hear

Connecticut Law Review

Two decades of criminal-justice reform in the United States have achieved only a modest reduction in the nation’s historically high imprisonment rate. Returning to the much lower imprisonment rate of a generation ago will almost certainly require shorter prison terms for individuals who have been convicted of violent crimes. Such a change, however, would draw at least two important objections: (1) people who have been convicted of violent crimes are an especially dangerous offender group who ought to be incapacitated behind bars for as long as possible, and (2) violent crimes are so serious that long prison terms are required …

2019 Annual Report Of The Officers Of The Town Of Plymouth, N.H. Year Ending December 31, 2019, Fiscal Year Ending June 30, 2019., Plymouth Town Representatives

Plymouth, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Conversations On The Warren Court's Impact On Criminal Justice: In Re Gault At 50, Cara H. Drinan

Scholarly Articles

This Article examines the Supreme Court’s landmark In re Gault decision of 1967, in which the Supreme Court ushered in the “due process era” of juvenile justice in America by determining that juveniles were entitled to the right to counsel and other procedural safeguards during delinquency proceedings. But this Article continues with a critical focus on the impact of the decision today, examining a dichotomy between what was declared a “revolution in children’s rights,” and how youth in the criminal justice system still have not seen the extent of constitutional protections declared necessary by Gault. Arguing that Gault …

A Longitudinal Examination Of Risk Factors, Antisocial Outcomes, And Transition Patterns Across Bully Profiles, Sara Bryson

Electronic Theses and Dissertations, 2020-2023

The current research focuses on the risk factors for bully profiles, antisocial behavior across profiles, and patterns of bullying behavior over the span of four school years. The sample was comprised of 1,817 middle school students from seven school districts. Latent profile analysis, multivariate regression techniques, and latent transition analysis were used to meet the five objectives of this study: 1) identify unique subgroups of youth based on responses to different bully experiences, 2) determine similarities and differences in risk factors that are associated with bully experiences, 3) examine antisocial behavior across identified bully profiles, 4) determine if membership in …

Combatting Sexual Misconduct: American Higher Education During The #Metoo Era, Aubrey Trudeau

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

The Path Forward For The International Criminal Court: Questions Searching For Answers, Amb. Todd F. Buchwald

Case Western Reserve Journal of International Law

"In June 2018, the International Criminal Court (ICC) appeals chamber reversed what had been the court’s most significant verdict: a 2016 conviction of a former Congolese vice-president, Jean-Pierre Bemba, for crimes committed in the Central African Republic. This was significant because it was the court’s first conviction for crimes of sexual and gender-based violence and on the basis of command responsibility, and because Bemba was among the most senior-ranking officials to appear for trial at the court.2 An acquittal needs to be understood as a legitimate outcome to any justice process, but, in context, the decision touched off alarm bells …

No Longer A ‘Collateral Consequence’: Imprisonment And The Reframing Of Citizenship, Cormac Behan

Articles

This article examines the impact of imprisonment on citizenship. It identifies how civil, political and social rights are circumscribed with a sentence of imprisonment, and scrutinizes to what extent citizenship is limited for prisoners. Drawing on recent developments in England and Wales, it contends that citizenship has been eroded, not as a ‘collateral consequence’ of imprisonment, but rather as a determined penal policy. The boundaries of punishment have become blurred, moving from criminal justice institutions, and extending towards what is termed civil and political penality. Finally, it argues that, because citizenship in prison is inevitably framed around the differences between …

An Analysis Of Central Florida Principals' Professional Perceptions Relative To Safe-School Officers In One Large Urban School District, Christina Steppi

Electronic Theses and Dissertations, 2020-2023

Public school districts in Florida are required by law to cooperate with local law enforcement agencies to establish and assign one or more safe-school officers at each public school. Public school principals assume a significant role in the implementation of state policy measures and are responsible for providing safe school climates for students and staff (Coburn, 2005; Gawlik, 2015). However, principals' perceptions inform their individual interpretation of state policy measures, influencing the implementation process (Reid, 2017). This study utilized a cross-sectional survey to measure principals' perceptions of safe-school officers and their effect on facilitating safe school climates for students in …

Proceedings Of Drs2020 International Conference, Vol. 5: Processes, Stella Boess, Ming Cheung, Rebecca Cain

DRS Conference Volumes

The overall theme for DRS2020 is Synergy – the coming together of people and disciplines in design research to create a positive impact. On the one hand, design research champions the uniqueness of disciplinary knowledge and creativity, yet on the other hand, the complex world we now live in demands a more synergistic approach to creativity and problem- solving whereby different mindsets, backgrounds and perspectives come together to realise transformative visions of the future. DRS2020 celebrates these emerging synergistic approaches to design research and seeks to explore their exciting possibilities for addressing multi-faceted problems, supporting participation, and transforming problematic situations …

Managing The Risk Of Violent Recidivism: Lessons From Legal Responses To Sexual Offenses, Michael M. O'Hear

Faculty Publications

Over the course of a generation, American legislatures have quietly adopted an intricate web of measures intended to reduce the risk that individuals who have been convicted of violent crimes will commit new violent crimes. These measures include, for instance, sentencing and corrections laws that categorically target “violent offenses” and “violent offenders” for harsher treatment, prohibitions on pretrial diversion opportunities, employment restrictions, and long-term offender registration requirements. Such measures parallel a generally similar, but more closely studied, set of laws that aim to reduce sexual recidivism.

This article provides an overview of the literature on sexual-recidivism measures, especially sexual offender …

Early Release For Prisoners Convicted Of Violent Crimes: Can Anyone Escape The Incapacitation-Retribution Catch-22?, Michael M. O'Hear

Faculty Publications

Two decades of criminal-justice reform in the United States have achieved only a modest reduction in the nation’s historically high imprisonment rate. Returning to the much lower imprisonment rate of a generation ago will almost certainly require shorter prison terms for individuals who have been convicted of violent crimes. Such a change, however, would draw at least two important objections: (1) people who have been convicted of violent crimes are an especially dangerous offender group who ought to be incapacitated behind bars for as long as possible, and (2) violent crimes are so serious that long prison terms are required …

Annual Report, 2019-2020, Tennessee. Bureau Of Investigation

Annual Reports

This document is the annual report for the TBI during the fiscal year.

A Mixed Methods Study To Investigate Barriers And Enablers To Nurses’ Implementation Of Nonpharmacological Interventions For Infants With Neonatal Abstinence Syndrome (Nas), Allison Suber Adrian

MUSC Theses and Dissertations

The national burden of Neonatal Abstinence Syndrome on individuals, families, and the healthcare system has reached epidemic proportion. The rising incidence of Neonatal Abstinence Syndrome significantly impacts healthcare utilization and costs due to increases in Neonatal Intensive Care Unit admissions and length of hospitalization, to the possible detriment of maternal-infant bonding. Because nonpharmacologic nursing care is not complicated by the potentially harmful side effects of pharmacological treatment, it should be considered the standard of care for opioid-exposed infants; therefore, a comprehensive understanding of the barriers and enablers to nurses’ implementation of nonpharmacological interventions for infants with Neonatal Abstinence Syndrome is …

Role Of Dynorphin/Kappa Opioid Receptor Activity Within The Extended Amygdala In Binge Alcohol Drinking, Harold Lewis Haun

MUSC Theses and Dissertations

Alcohol Use Disorder (AUD) is a significant national and global public health problem. Of concern, binge drinking is the most common pattern of excessive alcohol consumption and serves as a risk factor for the development of AUD. Recent studies have implicated the dynorphin/kappa opioid receptor (DYN/KOR) neuropeptide system in this pattern of drinking but the precise circuitry mediating these effects are poorly understood. The central amygdala (CeA) and bed nucleus of the stria terminalis (BNST) are two interconnected structures within the extended amygdala macrostructure that are rich in DYN/KOR and thought to contribute to binge drinking behavior. In the present …

Universal Protocol For Investigative Interviewing And Associated Safeguards: Taking Jordan As An Example, Lubna N. Nasser

Human Rights Brief

No abstract provided.

Special Coverage

Human Rights Brief

No abstract provided.

The Risks Of Criminalizing Covid-19 Exposure: Lessons From Hiv, Naomi K. Seiler, Anya Vanecek, Claire Heyison, Katherine Horton

Human Rights Brief

No abstract provided.

Hospital-Based Buprenorphine-Focused Interventions For The Treatment Of Opioid Use Disorder: A Scoping Literature Review And Case Study, Richard Bottner

MUSC Theses and Dissertations

The United States continues to struggle to find meaningful solutions to the opioid epidemic. Because they save lives, medications for the treatment of opioid use disorder (OUD), such as buprenorphine, are recommended to be made available in all practice settings. Yet the treatment of opioid use disorder appears to be rarely offered during hospitalization. However, a 220-bed academic hospital in Texas achieved this goal without the presence of an addiction medicine consultation service. This study sought to illuminate this growing area of work through an extensive literature review and case study of the program in Texas. For the case study, …

The Cyberworld And Human Trafficking: A Double-Edged Sword, Bridget Dukes

Cybersecurity Undergraduate Research Showcase

This report examines the advantages and disadvantages associated with the growth of technology within the United States, specifically how technology, digital literacy, and cybersecurity can be used to both facilitate and combat sex trafficking and sexual exploitation on the Internet. The first part of the report addresses trafficking statistics in the United States, as well as legal intervention the country has taken against this epidemic, including an explanation of the Trafficking Victims Prevention Act and the FOSTA-SESTA bill. The second part of the report addresses the online recruitment of buyers and sellers, as well as how the use of open-source …

See No Evil: A Look At Florida's Legislative Response To Holding Hotels Civilly Liable For "Turning A Blind Eye" To The Sex Trafficking Monster Hiding Behind Closed Doors, Lori N. Ross

Faculty Scholarship

No abstract provided.

Full Issue, Number 51, Spring 2020, The Network Of Elca Colleges And Universities N/A

Intersections

No abstract provided.