Digital Commons Network^™

Creating A Standardized Approach For Satellite-Based Remote Sensing Analysis For Detecting International Humanitarian Law Violations, Allie Wu

Research Days Posters 2020

Technological advancements have given way to satellite-arrays capable of producing high-resolution imagery from outer space. Accordingly, there has been much controversy surrounding the use of satellite imagery in forensics in detecting international humanitarian law violations because of the absence of a standardized analysis strategy. As a result of this, international courts remain hesitant to utilize such imagery analysis for evidence to corroborate decisions. This work aims to explore an approach for conducting satellite-array imagery analysis to detect humanitarian law violations that may be standardized for future forensic use. The investigation focuses primarily on case studies of various conflict-torn regions, including …

Behind Bars In Binghamton: Exploring The Incarceration Rate Of Broome County, Jackson Hengsterman

Research Days Posters 2020

Broome County has the highest incarceration rate in New York State, with 39 people incarcerated per every 10,000 residents. This number has grown 680% since 1980 when the incarceration rate of Broome County was only 5 per 10,000. The purpose of this study is to uncover what social, political, or economic factors lead to Broome County having the highest incarceration rate in the state. To answer this question, I spoke first-hand with many important players in the criminal justice system - including activists, scholars, and prosecutors. I also underwent participant observations at community meetings, court arraignments, protests against incarceration, as …

Attitudes Towards Sexual Assault: The Influence Of Athletic Background And Media Portrayal On Perceptions Of Rape, Bridget Jules

Research Days Posters 2020

Societal attitudes towards athletes may influence media depictions of sexual assault perpetrators and individuals' responses to these portrayals, which can thereby shape reactions and outcomes affecting perpetrators and victims. This study presented participants (N=616) with actual news articles depicting sexual assaults committed by athlete and non-athlete perpetrators. Articles were reliably coded for various characteristics. Analyses indicated that athlete perpetrators were characterized more positively than non-athletes. Analyses indicated that characteristics of the participant were more relevant to shaping attitudes than article-level factors, with attributes including sports fanaticism and beliefs about rape predicted how blame was apportioned to victims versus perpetrators.

Faith In Trump, Moral Foundations, And Social Distancing Defiance During The Coronavirus Pandemic, Amanda Graham, Justin T. Pickett, Cheryl Lero Jonson, Murat Haner, Melissa M. Sloan

Criminology Faculty Publications

Purpose: Over the past several months, the coronavirus has infected more than six million Americans and killed nearly 200,000. Governors have issued stay-at-home orders, and prosecutors have filed criminal charges against individuals for defying those orders. And yet many Americans have still refused to keep their distance from their fellow citizens, even if they had symptoms of infection. The authors explore the underlying causes for those who intend to defy these norms.

Methods: Using national-level data from a March 2020 survey of 989 Americans, the authors explore intentions to defy social distancing norms by testing an interactionist theory of foundation-based …

Legal Complexities Of The Sex Trafficking Of Minors, Christie Mccormick

Master's Theses and Doctoral Dissertations

Among human rights abuses in modern society, the trafficking of women and children for labor, prostitution, and other forms of sexual exploitation is one of the greatest. While a large amount of time and financial support has gone into efforts to suppress trafficking and shelter its victims, there has not been enough done to tackle this problem. Before reaching the age of 18, it is predicted that 80% of adolescents in the United States will have traded money for sex. Many adolescent girls who have been trafficked in the commercial sex industries are subject to serious criminal penalties for prostitution-related …

Upskirting, Bitcoin, And Crime, Oh My: Judicial Resistance To Applying Old Laws To New Crimes – What Is A Legislature To Do?, Michael Whiteman

Indiana Law Journal

As technology continues to advance at a break-neck speed, legislatures often find themselves scrambling to write laws to keep up with these advances. Prosecutors are frequently faced with the prospect of charging a defendant with a crime based on an existing law that does not quite fit the circumstances of the defendant’s actions. Judges, cognizant of the fact that legislatures, and not the judiciary, have the primary responsibility for creating crimes, have pushed back. Judges routinely refuse to convict a defendant if the statute does not fairly criminalize the defendant’s actions. To determine if a defendant’s actions fit within a …

Justice At The Border: Should Courts Provide Relief For Constitutional Violations At The Border?, Elizabeth Cook

Texas A&M Journal of Property Law

In two recent cases, children were shot by Border Patrol agents across the United States and Mexico border. In one case, the Ninth Circuit found the Border Patrol agent was not entitled to qualified immunity and should pay damages to the teen’s family. However, the Fifth Circuit refused to allow damages in the other case because of concerns over national security. The circuit split raises questions over separation of powers and how far the power of the courts should go when deciding damages in cases involving transnational issues. This Article discusses officials’ qualified immunity and its limits when constitutional violations …

When Home Is A Living Hell: Vulnerable Women And Sexual Harassment In Housing, Sarah Pricer

Texas A&M Journal of Property Law

Low-income women experience a nightmarish victimization when they are sexually harassed by landlords in their homes, homes many are desperate to keep. The staggering lack of data on this issue means laws and courts have been slow to address this phenomenon. Although courts have relied primarily on a Title VII employment-based sexual harassment framework to address this issue, it does not go far enough in protecting women in their homes. The home and the workplace are inherently different and thus require a different legal approach to redress the issue.

This comment examines sexual harassment in housing and why Texas women …

Title Ix & The Civil Rights Approach To Sexual Harassment In Education, Nancy Chi Cantalupo

Law Faculty Research Publications

No abstract provided.

Garza V. Idaho: Prioritizing Client Autonomy In Criminal Appeals Regardless Of An Appeal Waiver, Jackie Mcdonnell

Loyola University Chicago Law Journal

In Garza v. Idaho, the Supreme Court resolved a split in authority about whether courts should presume counsel prejudiced a criminal defendant’s case when counsel failed to file a notice of appeal, holding the presumption of prejudice applies regardless of a defendant’s appeal waiver. By correctly extending Roe v. Flores-Ortega’s rule which requires courts to presume prejudice, the Court expanded the presumption’s application for ineffective assistance of counsel claims under the Sixth Amendment.

Overall, Garza protected a defendant’s right to appeal despite an appeal waiver, as counsel must now act on the defendant’s appeal request. If counsel fails to file …

Prosecuting Foreign Bribery In National Projects: A Multi-Phased Approach To Reduce Corruption, Julia E. Johnson

American University Business Law Review

The gradual establishment of an international mechanism to review and prosecute allegations of corruption could help to deter fraudulent conduct. Fraudulent conduct often reduces the economic benefits associated with large-scale development or investment projects. These projects are generally awarded through contract bidding; the bidding outcome may be dictated by bribery and other corrupt behaviors by local officials overseeing the project. The money earmarked for the project may in turn be siphoned off to the bribe recipients for private gain, leaving citizens unable to appreciate the fruits of any such project. For this reason, reducing corruption should remain a key priority. …

We Do Not Perform Rape Kits Here: An Analysis Of Chapter 714, Brittany Gamlen

University of the Pacific Law Review

No abstract provided.

Sb 23: Closing The Car Burglary Legal Loophole, Dayra Juarez

University of the Pacific Law Review

No abstract provided.

Table Of Contents, University Of The Pacific, Mcgeorge School Of Law

University of the Pacific Law Review

No abstract provided.

Gideon: Public Law Safeguard, Not A Criminal Procedural Right, Kari Hong

University of the Pacific Law Review

No abstract provided.

Reflections On The Warren Court’S Criminal Justice Legacy, Fifty Years Later: What The Wings Of A Butterfly And A Yiddish Proverb Teach Me, Joshua Dressler

University of the Pacific Law Review

No abstract provided.

The Failure Of The Criminal Procedure Revolution, William T. Pizzi

University of the Pacific Law Review

No abstract provided.

The Warren Court, Idealism, And The 1960s, George C. Thomas Iii

University of the Pacific Law Review

No abstract provided.

The Eternal Task Of Understanding Terry V. Ohio, Robert Weisberg

University of the Pacific Law Review

No abstract provided.

A Look Back At The Warren Court’S Due Process Revolution Through The Lens Of Immigrants

University of the Pacific Law Review

TABLE OF CONTENTS

I. THE HISTORICAL CONTEXT AND THE IMMIGRATION LAW PROCEDURAL DUE PROCESS CASES DURING THE WARREN COURT

A. The Historical Context.

B. The Warren Court’s Immigration Due Process Cases

II. THE STATUS OF THE IMMIGRATION PROCEDURAL DUE PROCESS REVOLUTION FIFTY YEARS AFTER THE WARREN COURT.

A. The Domestication of Immigration Due Process.

B. Crimmigration’s Rise and the Warren Due Process Revolution

C. A Federalism Due Process Revolution for Immigrants?

III. CONCLUSION

The Doctor Will See You Now: How The Opioid Crisis Changed The Standard Of Care For Physicians In Medical Malpractice Suits, Madeline Orlando

University of the Pacific Law Review

No abstract provided.

Challenging Moral And Policy Rationales For Charging Youth As Adults, Molly Lockwood

Pitzer Senior Theses

Does the practice of charging juveniles as adults serve the retributive and consequentialist goals of criminal justice policy? Proponents of limiting juvenile court jurisdiction argue that the rehabilitation-oriented remedies available therein are neither sufficient to hold adolescents accountable for wrongdoing, nor strong enough to deter future youth crime. The first chapter of this thesis examines the forward and backward looking premises underlying juvenile transfer to adult criminal court. I find that transfer policies are inconsistent with dominant theories of responsibility and punishment as applied to juveniles. I argue in Chapter One that transfer produces undesirable outcomes with respect to the …

The International Criminal Court: Current Challenges And Prospect Of Future Success, Milena Sterio

Law Faculty Articles and Essays

The ICC has served as an agent of impunity since its inception in 1998, and its fundamental role in the field of international criminal justice as a permanent accountability mechanism remains undisputed. The court is, however, facing significant challenges which may threaten its legitimacy. These challenges can be surmounted if the court is willing to take a hard look at its own procedures, prosecutorial practices, and judicial attitudes. The ICC's future may be bright if the court makes significant changes in the present.

Mirandizing Youth: Lessons From Neuroscience., Irma Pinos

Student Works

No abstract provided.

Beos Test: A Defendant’S Nightmare, Dhara Patel

Student Works

No abstract provided.

Child Competency And A Science-Based Approach To A Right To Counsel For Children In Immigration Proceedings, Angelica M. Mercado

Student Works

No abstract provided.

Introduction To Criminal Justice Sample Syllabus, Angelica Alejo Gil

Whittier Scholars Program

It has attracted more students from year to year at Whittier College that an Introduction to a Criminal Justice course is implemented as part of the university. It is my major concern and firm belief that the Criminal Justice System must secure a sufficient share of the better education of not only Whittier College, but Universities nationwide. Based on my experience as a Criminal Justice/Criminology major, it is my job to put together a feasible Introduction to Criminal Justice course for students who wish to pursue public policy or simply would like to inquire a general understanding about the American …

"Downright Indifference": Examining Unpublished Decisions In The Federal Courts Of Appeals, Merritt E. Mcalister

UF Law Faculty Publications

Nearly 90 percent of the work of the federal courts of appeals looks nothing like the opinions law students read in casebooks. Over the last fifty years, the so-called “unpublished decision” has overtaken the federal appellate courts in response to a caseload volume “crisis.” These are often short, perfunctory decisions that make no law; they are, one federal judge said, “not safe for human consumption.” The creation of the inferior unpublished decision also has created an inferior track of appellate justice for a class of appellants: indigent litigants. The federal appellate courts routinely shunt indigent appeals to a second-tier appellate …

Negative Identity And Conflict, Jonathan R. Cohen

UF Law Faculty Publications

This article explores an aspect of identity that can be particularly challenging for conflict resolution—negative identity. By negative identity, I mean an identity in which a party implicitly or explicitly defines itself in a negative way, specifically, by way of contrast to some other party. This phenomenon occurs in conflicts ranging from small, interpersonal ones to large-scale conflicts between national, ethnic, and religious groups. Negative identities may make conflicts more likely to arise and also make them more difficult to resolve when they do. Fortunately, there are steps that both parties and neutrals can take to foster conflict resolution in …

The Soul Savers: A 21st Century Homage To Derrick Bell’S Space Traders Or Should Black People Leave America?, Katheryn Russell-Brown

UF Law Faculty Publications

Narrative storytelling is a staple of legal jurisprudence. The Case of the Speluncean Explorers by Lon Fuller and The Space Traders by Derrick Bell are two of the most well-known and celebrated legal stories. The Soul Savers parable that follows pays tribute to Professor Bell’s prescient, apocalyptic racial tale. Professor Bell, a founding member of Critical Race Theory, wrote The Space Traders to instigate discussions about America’s deeply rooted entanglements with race and racism. The Soul Savers is offered as an attempt to follow in Professor Bell’s narrative footsteps by raising and pondering new and old frameworks about the rule …