Digital Commons Network^™

Behind The Binary Bars: A Critique Of Prison Placement Policies For Transgender, Non-Binary, And Gender Non-Conforming Prisoners Note, Jessica Szuminski

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Mass Incarceration As A Chronic Condition: Diagnosis, Prognosis, And Treatment The 2019 Minnesota Law Review Symposium - Mass Incarceration: Foreword, Sarah Trautman

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

'Wreaking Extraordinary Destruction': Defendant's Irreplaceability As Presumptively Reasonable Grounds For Downward Departure In Sentencing Note, Jackie Fielding

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Why The Policy Failures Of Mass Incarceration Are Really Political Failures The 2019 Minnesota Law Review Symposium - Mass Incarceration, John F. Pfaff

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Can Sentencing Guidelines Commissions Help States Substantially Reduce Mass Incarceration? The 2019 Minnesota Law Review Symposium - Mass Incarceration, Richard S. Frase

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

A [Relational] Theory Of Procedure, Justin Sevier

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Prisoners Of Politics: Breaking The Cycle Of Mass Incarceration The 2019 Minnesota Law Review Symposium - Mass Incarceration: Transcript: Minnesota Law Review Symposium Keynote November 18, 2019, Rachel E. Barkow

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Zimring On Mass Incarceration: Empirical Pessimism And Cautious Reformist Optimism The 2019 Minnesota Law Review Symposium - Mass Incarceration, Robert Weisberg

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

The Categorical Imperative As A Decarceral Agenda The 2019 Minnesota Law Review Symposium - Mass Incarceration: Essay, Jessica M. Eaglin

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Dealing With Mass Incarceration The 2019 Minnesota Law Review Symposium - Mass Incarceration, Alfred Blumstein

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Prison-Release Reform And American Decarceration The 2019 Minnesota Law Review Symposium - Mass Incarceration, Kevin R. Reitz

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Frank Zimring Responds The 2019 Minnesota Law Review Symposium - Mass Incarceration: Essay, Franklin Zimring

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Us-County Level Variation In Intersecting Individual, Household And Community Characteristics Relevant To Covid-19 And Planning An Equitable Response: A Cross-Sectional Analysis, Taylor Chin, Rebecca Kahn, Ruoran Li, Jarvis T. Chen, Nancy Krieger, Caroline O. Buckee, Satchit Balsari, Mathew V. Kiang

All publications

Objectives: To illustrate the intersections of, and intercounty variation in, individual, household and community factors that influence the impact of COVID-19 on US counties and their ability to respond.

Design: We identified key individual, household and community characteristics influencing COVID-19 risks of infection and survival, guided by international experiences and consideration of epidemiological parameters of importance. Using publicly available data, we developed an open-access online tool that allows county-specific querying and mapping of risk factors. As an illustrative example, we assess the pairwise intersections of age (individual level), poverty (household level) and prevalence of group homes (community-level) in US counties. …

Forgiven, Forgotten? Rethinking Victim Impact Statements For An Era Of Decarceration, 68 Ucla L. Rev. Discourse 302 (2020), Hugh Mundy

UIC Law Open Access Faculty Scholarship

No abstract provided.

Sex Trafficking: A Systematic Review Of Operational Definitions, Firdavs Khaydarov

All Graduate Theses, Dissertations, and Other Capstone Projects

Objective: Trafficking for the purpose of sexual exploitation constitutes about 59% of detected victims of trafficking, which makes it the most prevalent form of human exploitation globally. In the existing literature, there is a lack of a precise and consistent conceptualization of this phenomenon, which poses a significant challenge in its study. The purpose of this inquiry is to fill in the gap in the existing literature by identifying and analyzing existing operational definitions of sex trafficking pertinent to psychological scholarly literature. Methods: Meta-ethnographic approach to qualitative research was utilized in this study. To identify pertinent literature, a systematic review …

2020 Symposium Brochure

Programs

No abstract provided.

'Kahler V. Kansas: Insanity And The Historical Understanding Of Mens Rea, Michael Louis Corrado

National Law School of India Review

The decision in the recent case of Kahler v. Kansas before the SCOTUS involves important issues in criminal jurisprudence. In this paper, an attempt has been made to trace the nuances of the different forms of defence the insanity plea can take and the practical implications of the same against the background of the Kahler case. The issue before the SCOTUS in this case was whether the elimination of any affirmative defence of insanity, and mere provision of a mens rea defence, would amount to denial of due process. In this paper, it is contended that a historical understanding of …

The Enduring Gaps And Errors In Capital Sentencing In India, Anup Surendranath, Neetika Vishwanath, Preeti Pratishruti Dash

National Law School of India Review

In the forty years since Bachan Singh upheld the constitutional validity of the death penalty in May 1980, there have been numerous concerns about the fate of the death penalty sentencing framework laid down by the majority. Inconsistent application, interpretational errors, and judge-centric decision making have dominated these concerns. However, this article seeks to revisit the premise of those narratives, i.e. these concerns have emerged as a result of the incorrect application of Bachan Singh. The focus is instead turned to the gaps within Bachan Singh itself and the manner in which those gaps have contributed to the subsequent fate …

Crimes By Children In Conflict With The Law – Heinousness, Acceptability, And Age Of Adulthood: A Comprehensive Critique Of The Present Juvenile Justice System, Aanchal Kabra, Pratyay Panigrahi

National Law School of India Review

The underlying nature of the Juvenile Justice system has undergone a substantial change with the adoption of the Juvenile Justice (Care and Protection of Children) Act, 2015. The new Act has widespread implications on the manner in which children in conflict with the law are understood and treated before the law. Apart from theoretical shifts, provisions to try certain children in conflict with the law as adults have been adopted. Moreover, the Act is in conflict with India’s international obligations, and several implementation-related issues still persist. In light of this, we propose several changes, both at the theoretical and the …

Recent Damages To India's Social Justice Architecture, D. Shyam Babu

National Law School of India Review

Part XVI of the Constitution of India enumerates special provisions relating to the general welfare of the Scheduled Castes (‘SCs’), Scheduled Tribes (‘STs’), and Other Backward Classes (‘OBCs’). These provisions form the basic architecture of India’s social justice commitments to its citizens. This article argues that in recent years this architecture has been diluted to the detriment of the interests of the SCs, STs, and OBCs. This article critiques the approach of the Indian judiciary towards the welfare of SCs and STs by arguing that its actions are guided by the majoritarian public opinion, rather than the constitutional principles of …

Police Funding, Stephen Rushin, Roger Michalski

Faculty Articles

A number of civil rights activists have called for the defunding or abolition of American police departments. These activists claim that the United States overinvests in police, leaving fewer scarce resources to support other government services. Activists also claim that overinvestment in policing contributes to higher rates of police misconduct and unnecessary criminalization, particularly in communities of color. This Article considers these calls for the defunding of police. It ultimately cautions against widespread defunding of police and offers an alternative proposal. Part I brings together multiple national databases on local government expenditures to evaluate empirically how states and municipalities fund …

Double Jeopardy’S Dual Sovereignty: A Tragic (And Implausible) Lack Of Humility, Stephen E. Henderson, Dean Strang

Faculty Articles

The core proposition of the Fifth Amendment’s Double Jeopardy Clause is as intuitive as it is straightforward. After all, if a state could prosecute someone despite her previous conviction or acquittal, then the scope of punishment would be unlimited and its threat unending—the sort of proposition only a tyrant could love. Yet, in Gamble v. United States, the Supreme Court once again blessed a dual sovereignty exception that permits just such duplicative prosecutions. We hardly are the first to question this rule, but we submit the Court’s most recent primary mistakes were two. First, the Court began from a …

Pandemic-Induced Mortality Salience And Jury Decision-Making, Autumn K. Lucas-Marinelli

Undergraduate Student Research Awards

Terror management theory (TMT) suggests that people adhere more strongly to cultural worldviews to assuage their anxiety and bolster their self-esteem when faced with reminders of their own mortality (mortality salience). These cultural worldviews may include hostility towards outgroups, such as criminals, social transgressors, and racial minority groups. This study investigated whether reminders of the COVID-19 pandemic induced mortality salience (MS) and whether these reminders influenced the severity of punitive judgments suggested for hypothetical offenders. It also investigated whether mortality salience influenced people to suggest harsher punitive sentences for offenders belonging to racial minority groups. After reading a COVID-19 related …

Assessment Of Staff Comfort With Sexual Assault Examination After Implementation Of Telesane Program, Samantha Konechne

Doctor of Nursing Practice (DNP) Practice Innovation Projects

Introduction: Utilization of telehealth to provide a trained sexual assault nurse examiner (SANE) to rural facilities during sexual assault examinations (SAEs) has shown documented success increasing healthcare access and cost savings. SANE consult results in better evidence collection, injury identification, and better medical and legal outcomes for patients presenting with complaints of sexual assault (SA).
Methods: Literature searches were conducted in CINAHL, EBSCOhost, and IAFN journal to find evidence supporting telehealth interventions and staff or patient comfort. Twenty articles supported the clinical question. Seven of the articles met high-quality criteria; 11 of the articles were considered good quality with reasonably …

2020 Children's Legislative Report Card, Children's Advocacy Institute, University Of San Diego School Of Law

Children's Legislative Report Card

No abstract provided.

Felon Voting: The Call For An Australian Compromise, Kevin Lineberger

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Deschooling Deficit Perspectives: An Exploration Of Culture And Place For Educators, Madison Dorschutz

West Chester University Master’s Theses

The purpose of this critical action research is to increase awareness of deficit perspectives that damages the academic outcomes of diverse students while offering approaches to address them. Theories of decolonialism, culturally responsive pedagogy, and place-based education will be discussed as they are able to pull back the raciallyinformed curtain of bias development. These theories come together in a 4-day series of workshops that seeks to inform educators of their damaging thinking in an effort to negate it before they enter their classrooms. Through reflection, cultural-perspective taking, and relationship building, educators can gain skills to acknowledge systems of oppression that …

Identity Development As A Pathway To Self-Authorship: A Restructure Of Neoliberal Programming Practices, Christopher Mychajluk

West Chester University Master’s Theses

The original purpose of student affairs was to help develop the whole student outside of just academics. I argue that to develop the whole student, student affairs professionals must aid in students’ exploration of self-authorship. Student affairs professionals do this work by putting on programs that allow students to explore their identities. I explore how this work is compromised by neoliberalism and as a result silos students’ ability to explore their whole self. To mitigate this issue, I propose a two-part intervention that restructures student affairs programming budgets as one shared budget in order to facilitate the formation of large-scale …

The Denial Of Innocence: Implicit Racial Biases And Judgments Of Child Behavior Based On Brief Observations, Pete D. Ippolito

West Chester University Master’s Theses

Studies on racial bias highlight disparities in negative judgments faced by People of Color (Hinton, 2017) as compared to their White counterparts, and some disparities may be apparent even in childhood. The present study employed an experimental design to examine the impact of child race on participant judgments of child behavior based on brief observations. Students participated and were randomly assigned to one of two conditions involving brief video observations. In the first condition, the target child was Black and in the second, the target was White. Targets were matched in terms of age, socioeconomic status, and expert-rated level of …

Targeting Youth’S Motivation To Change Substance Use Behaviors: Feasibility And Preliminary Outcomes From An Open Trial Of The Free Talk Program In A Short-Term Juvenile Detention Facility, Cassidy L. Tennity

West Chester University Master’s Theses

Juvenile offenders who use substances are at an increased risk for multitude of negative outcomes, including substance use problems in adulthood and recidivism. Interventions that are effective in community settings or long-term juvenile justice settings may not be well suited for implementation in short-term juvenile detention facilities. Free Talk (FT; D’Amico, Chan Osilla, & Hunter, 2010) is a brief motivational intervention that targets motivation to change substance use. The current study aimed to determine whether youth participating in FT within a short-term juvenile detention center reported expected changes in motivation to change substance use. Additionally, we aimed to assess whether …