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Boots And Bail On The Ground: Assessing The Implementation Of Misdemeanor Bail Reforms In Georgia, Andrea Woods, Sandra G. Mayson, Lauren Sudeall, Guthrie Armstrong, Anthony Potts

Faculty Publications By Year

This Article presents a mixed-methods study of misdemeanor bail practice across Georgia in the wake of reform. We observed bail hearings and interviewed system actors in a representative sample of fifty-five counties to assess the extent to which pretrial practice conforms to legal standards clarified in Senate Bill 407 and Walker v. Calhoun. We also analyzed jail population data published by county jails and by the Georgia Department of Community Affairs. We found that a handful of counties have made promising headway in adhering to law and best practices, but that the majority have some distance to go. Most …

The Meaning Of A Misdemeanor In A Post-Ferguson World: Evaluating The Reliability Of Prior Conviction Evidence, John D. King

Georgia Law Review

Despite evidence that America’s low-level courts are
overburdened, unreliable, and structurally biased,
sentencing judges continue to uncritically consider a
defendant’s criminal history in fashioning an
appropriate punishment. Misdemeanor courts lack
many of the procedural safeguards that are thought to
ensure accuracy and reliability. As with other stages of
the criminal justice system, people of color and poor
people are disproportionately burdened with the
inaccuracies of the misdemeanor system.
This Article examines instances in which sentencing
courts have looked behind the mere fact of a prior
conviction and assessed whether that prior conviction
offered any meaningful insight for the subsequent
sentence. …

Discriminatory Dualism, Sarah L. Swan

Georgia Law Review

This Article identifies and theorizes a significant but
previously overlooked feature of structural
discrimination: it frequently develops into two seemingly
opposing, yet in fact mutually supportive practices. This
“discriminatory dualism” occurs in multiple contexts,
including policing, housing, and employment. In
policing, communities of color experience overpolicing
(i.e., the aggressive overenforcement of petty crime) at the
same time as they experience underpolicing (i.e., the
persistent failure to address violent crime). In housing,
redlining (i.e., the denial of credit to aspiring
homeowners based on race) combines with reverse
redlining (i.e., the over-offering of credit on exploitative
terms) to suppress minority homeownership. And …

2019-2020 Faculty Senate Annual Report, University Of South Carolina

Faculty Senate

The primary file includes the 2019-2020 Committee on Academic Responsibility Annual Report. Additional annual reports are attached.

Bullying, Resilience, And Victimization : An Investigation Among Special Needs High School Students, Sandy Dawoud

Theses, Dissertations and Culminating Projects

While there is extensive research done on high school bullying, there is very little research on bullying in special needs high school students. Resilience levels may have an impact on prevalence of bullying behavior. In this study, high school special needs students were surveyed the Illinois Bully Scale and a shortened Connor-Davidson Resilience Scale to learn about their bullying behavior and resilience levels. The questionnaire measured four different subscales: bullying, fighting, victimization, and resilience. It was hypothesized that resilience levels will have an effect on bullying behavior measured by the Illinois Bully Scale.

Institutional Racism And The Transformative Practices Of Black Women Educators In New York City Alternative Education, Gail M. Perry-Ryder

Theses, Dissertations and Culminating Projects

How does a teaching practice meet structural violence and oppression? And, how do teachers navigate systems they wish to change, in which they are also participating? This study is a qualitative investigation of institutional racism and power in U.S. alternative educational settings, and the knowledge and experiences of six Black women educators working to counteract the problem from the inside. There is a vast literature on preparing teachers for diverse classrooms; however, it has not adequately represented teachers who deploy transformative practices to directly challenge institutional racism in nontraditional educational settings, nor has it addressed the costs associated with doing …

Ethanol Induced Neurotoxicity Through Dysregulation Of Ampk In A Fetal Alcohol Syndrome Model, Jessica Gebhardt

Theses and Dissertations--Medical Sciences

Ethanol consumption during pregnancy is rising in the U.S., including the rate of binge drinking. It is reported around 1 in 27 women engage in binge drinking activities while pregnant. The third trimester is a sensitive period of neuronal growth in which ethanol induced neurotoxicity can cause many harmful effects including Fetal Alcohol Spectrum Disorders. It has been shown that ethanol decreases the activity of AMPK through increasing lipid peroxidation, both of which are correlated to neurotoxicity. AICAR is a synthetic analog of AMP which significantly increases AMPK activity and may have beneficial effects in an organotypic hippocampal model of …

Protecting Women's Voices: Preventing Retaliatory Defamation Claims In The #Metoo Context, Nicole Ligon

Scholarly Works

No abstract provided.

Center For Real Estate Quarterly, Volume 14, Number 1, Portland State University. Center For Real Estate

Center for Real Estate Quarterly

Table of Contents:
-- Portland’s Inclusionary Zoning Policy by Monique Lum
-- The Three Elements of Portland’s Housing Crisis by Gerard C. S. Mildner
-- CRE Sentiment Survey Results for Q1/2020 by Julia Freybote
-- Economic Analysis by Jerry Johnson
-- Single Family Home by Victoria Kirkland
-- Multi-Family residential Report by Channa Kim
-- Office Market Analysis by Wubet Biratu
-- Industry Market Analysis by Wyatt Redfern
-- Retail Market Analysis by Wyatt Redfern

Unpacking The Untapped Potential Of First-Line Supervisors : Sergeants' Role In Managing Police Discretion, Danielle Leigh Reynolds

Legacy Theses & Dissertations (2009 - 2024)

The operational uncertainties for police work—e.g. isolation, ambiguity, contextually contingent decision-making—force police departments to push discretion down to its lowest level employees. Consequently, officers are expected to exercise independent thought and judgment in response to the challenges confronted. Yet public criticism of police often breeds from officers’ “poor” decisions and the inordinate amount of discretion they are granted. Police organizations rarely experience crises for failing to control crime, rather it is failure to control police discretion that most often threatens a department’s legitimacy. Consequently, police departments rely on supervision to limit, constrain or shape officers’ discretion so that it mirrors …

A Phenomenological Study Of Undocumented Latina Survivors Of Intimate Partner Violence, Sharon Gandarilla-Javier

Legacy Theses & Dissertations (2009 - 2024)

This study undertakes a phenomenological examination of the lived experience of undocumented Latina survivors of intimate partner violence (IPV). This study served two purposes. First, to provide a greater understanding of this experience through the lens of the survivors, drawing on feminist and empowerment theories. Second, to explore why underreporting is more prevalent among undocumented women versus U.S. women citizens, especially during a time of heightened fear of deportation. To answer this, several questions were used as probes. These included: how the lived experience of IPV had impacted women’s decisions to leave or not leave an abuser; what motivators influenced …

Effects Of The Black Lives Matter Movement On Media Portrayals Of Accused Criminals, Samantha Strine

Legacy Theses & Dissertations (2009 - 2024)

Media impacts our everyday lives and shapes how we understand the world around us. It assists in creating social hierarchies which impact how groups of people are represented and understood. These hierarchies have led to the generation of stereotypes and disparate reporting practices in media. However, social movements tend to be created to provide evidence against these stereotypes and the movements attempt to undo disparate treatment of marginalized groups. This study had three hypotheses: Hypothesis 1 stated that prior to the generation of the Black Lives Movement, media depictions of black and white accused criminals will differ. Hypothesis 2 stated …

When Life Gives You Diversity... : A History Of Racial Diversity And Conflict In Four Philadelphia Neighborhoods, 1960 - 2015, Jeaneé C. Miller

Legacy Theses & Dissertations (2009 - 2024)

The U.S. population has changed significantly since the 1950s, becoming markedly more racially diverse. Still, a large portion of America’s neighborhoods remain racially segregated – even in large, racially diverse cities, such as Philadelphia (Logan & Stults, 2011). As a result, there is a well-established body of research that has shown that residential segregation consistently produces negative effects for neighborhoods (Massey & Denton, 1993). In response, many scholars and policymakers have suggested that the most promising response to inequality due to segregation is racial residential integration (Denton, 2010; Ellen, 2000; Galster, 1992; Roisman, 2008). However, social science research has produced …

Public Perceptions Of Crime Trends : Measurement, Perceived Causes, And Behavioral Consequences, Luzi Shi

Legacy Theses & Dissertations (2009 - 2024)

In the U.S. the public is persistent in believing in worsening crime trends, despite the fact that the crime rate has been falling since the early 1990s. This dissertation is a comprehensive examination of the measurement, perceived causes, and behavioral consequences of crime trend perceptions. It is composed of three interrelated studies. The first step to understanding crime trend perceptions is to have accurate measurement. In the first study, I identify the limitations of existing measurement of crime trend perceptions and argue that it is important to measure perceptions of short-term and long-term crime trends separately. Using three samples, I …

What's Your Plea (Culture)? : Processes And Rationales Underlying And Shaping Plea Decision-Making : A "Courtnography" And Interviews With Defendants, Defense Attorneys, And Prosecutors, Reveka Vladimirovna Shteynberg

Legacy Theses & Dissertations (2009 - 2024)

The reality is that “criminal justice today is for the most part a system of pleas, not a system of trials,” as Justice Anthony M. Kennedy wrote for the majority in Lafler v. Cooper (2012). Despite this heavy reliance on plea bargaining in the U.S. criminal justice system, the nature of plea bargain decisions remains elusive. Although there has been influential and important research in which defendants and court actors were interviewed about the plea decision process, this research was mostly conducted 40 to 50 years ago about a different court system than the one that exists today; a nation …

An Exploratory Mixed Methods Study Of Geographic Mobility And Homeless Service Use In Northeastern New York State, Amanda Aykanian

Legacy Theses & Dissertations (2009 - 2024)

This study used a mixed methods design to explore the geographic mobility of homeless service users in northeastern New York State and the relationship between mobility and homeless service use, engagement, and delivery. For the quantitative component, a sample of Homeless Management Information System (HMIS) data—that includes adults accessing homeless services in 2017 across 21 counties in northeastern New York State—was used to describe service users’ mobility and the demographic, background, and service use characteristics associated with mobility. For the qualitative component, semi-structured interviews with homeless service providers in those same counties were used to understand providers’ views of mobility, …

Families Belong Together: The Path To Family Sanctity In Public Housing, Mckayla Stokes

Northwestern Journal of Law & Social Policy

In its 2015 landmark civil rights decision in Obergefell v. Hodges, the Supreme Court finally held that the Equal Protection and Due Process Clauses of the United States Constitution guarantee same-sex couples’ marital equality. The Court’s unprecedented declaration that the right to marry is a fundamental right under the Due Process Clause strengthened married couples’ right to privacy because it subjects government actions infringing on marital unions to heightened scrutiny. The Supreme Court has the option to minimize the impact of Obergefell by interpreting the right to marriage very narrowly—as only encompassing the right to enter into a state-recognized union …

The Aftermath : Perceptions Of Employment And Livelihood Among Former Crack Cocaine Dealers In Upstate New York, Charletta Latrice Robinson

Legacy Theses & Dissertations (2009 - 2024)

Starting in the 1980s, the crack cocaine epidemic disproportionately affected African American males. The justice system incarcerated thousands of African American males, often multiple times for selling crack cocaine during their adolescence and adult lives. On release from prison, this population often does not fit well with the environment to which they return, leading to subsequent incarceration. Using the ecological theory as a lens, this study concerns the goodness of fit between African American males incarcerated repeatedly for selling crack cocaine and the home environment within an Upstate New York community after their release. In this study, I explored the …

Implementing A Police Assisted Addiction Recovery Initiative In Rural New York : How Police-Provided Transportation May Reduce Barriers To Treatment Uptake, Emily Mae Bruce

Legacy Theses & Dissertations (2009 - 2024)

Background:

The "Matthew Effect" In Punishment: : Do Previous Sanctions Foster More Sanctions In The Future?, Yinzhi Shen

Legacy Theses & Dissertations (2009 - 2024)

Societal response to crime is a topic at the heart of criminology. In contrast to a vast literature on the hidden social consequences of formal sanctions on individuals, family and communities, few studies have examined the ramifications of a formal sanction on future interactions with the criminal justice system over the individual life course. Applying a cumulative disadvantage (CDA) perspective, my dissertation contributes to the understanding of whether and how a prior punishment affects an individual’s trajectory of future punishments over the life course. Theoretically, I elaborated two conceptualizations of CDA processes and highlighted the overlooked value of applying CDA …

The Effects Of A Proactive Policy-Driven Migration On Neighborhood Crime, Tyler Scott Bellick

Legacy Theses & Dissertations (2009 - 2024)

The immigrant crime-relationship is one of the most vigorously debated and contentious public policy concerns in present society. The majority of scholarship investigating this link demonstrates that immigrants are no more crime prone than the native-born population, and in fact, may even suppress levels of neighborhood crime. A limitation of this body of scholarship is that it tends focus on immigration, overall, or specifically Latino immigration, failing to account of potentially important between-group differences in offending. The present study addresses this gap by examining the effects of a government-driven Guyanese migration on neighborhood crime rates at five cross-sections. Exploratory analyses …

The Impact Of Number Talks On Kindergarten Math Growth In A Large Private Independent School, Rebecca Knight

Doctor of Education Dissertations

This mixed methods action research study examined the implementation process and impact of a 9-week Number Talk intervention to build number sense in kindergarten students. Fifty-eight kindergarten students engaged in daily Number Talk lessons for 9 weeks. Qualitative data were collected to evaluate the strengths and challenges of the implementation process with the teacher participants through a twice weekly observation tool and through bi-weekly math professional learning community discussions. The qualitative data gathered were coded for themes using Tesch’s Eight Steps for coding information. The data allowed me to evaluate the implementation process to determine if Number Talks were implemented …

Victim Impact Statements At Canadian Corporate Sentencing, Erin L. Sheley

Faculty Scholarship

The recent SNC-Lavalin scandal and its political fallout have drawn
public attention to an existing culture of impunity enjoyed by corporate
criminal wrongdoers, despite the 2004 changes to the Criminal Code of
Canada that intended to make corporate prosecutions easier. In this article,
I argue that the conceptual problems with corporate criminal liability may
lie in the criminal justice system’s general misapprehension of the nature of
corporate crime; especially of the distinct nature of the harm experienced
by white collar victims. I further argue that, therefore, part of the solution
to under-enforcement may be evidentiary: the Crown and courts should, …

Execution On The Ballot: Lessons For Judicial Review Of Ballot Measures From The Death Penalty Referendum In Nebraska, Kait Madsen

Nebraska Law Review

I. Introduction

II. Background ... A. Current Climate: Increased Voter-Led Ballot Measures ... 1. Recent Trend Toward Policy Creation Through Voter-Led Ballot Measures ... 2. Reasons for the Trend: Americans’ Heightened Distrust of Government and the Political Process ... 3. Voter-Led Ballot Measures Are Often Challenged in State Courts, Making Courts an Important Player in the Ballot Measure Process ... B. Judicial Review of Ballot Measures: Three Perspectives ... 1. Perspective One: Ballot Measure Policies Reflect the Will of the People, and Courts Should Therefore Be Highly Deferential to Voters’ Choice ... 2. Perspective Two: The Non-Legislative Origin of Ballot …

Removing Miranda From School Interrogations, Martin R. Gardner

Nebraska Law Review

I. Introduction

II. Miranda and Its Progeny ... A. Pre-Miranda Coerced Confession Doctrine ... B. Miranda v. Arizona ... C. “Custodial Interrogation”

III. Miranda and Juvenile Interrogation ... A. Supreme Court Cases ... 1. J.D.B. v. North Carolina ... 2. Fare v. Michael C. ... B. Lower Court Cases ... 1. Interrogations Solely by School Officials ... 2. SRO Involvement in Interrogations by School Officials ... a. Miranda Warnings Required ... b. Miranda Warnings Not Required ... c. Critique of the Agency Approach ... 3. Interrogations Dominated by SROs with School Officials Present ... 4. Police Dominated Interrogations

IV. …

Front Matter

SMU Law Review

No abstract provided.

Off On A Technicality: The Proper Remedy For Improper Venue, Chris Thomson

SMU Law Review

Since its introduction to the public discourse, lawyers have admonished the pejorative phrase, “off on a technicality”—and rightfully so. However, the phrase may rightfully find application to the law’s present treatment of criminal defendants who have been convicted in improper venues. Although venue is a constitutionally necessary component of all criminal prosecutions, it does not speak to the factual guilt or innocence of a defendant. Nevertheless, in the Fifth and Eighth Circuits, defendants whose convictions stem from improper venue may be acquitted despite a jury’s finding that they committed each substantive element of the underlying offense. By contrast, the Sixth …

The Debate Over The Permissibility Of Selective Privilege Waiver Orders Under Federal Rule Of Evidence 502(D): The Crucial Scope Issues, Edward J. Imwinkelried

SMU Law Review

In the past, most common-law courts developed an intense antipathy to privileges because they perceived privileges as obstructing the search for truth. To begin with, the courts made it difficult for claimants to assert privileges by prescribing rigorous foundational requirements for privilege claims. Moreover, the courts made it easy to find a waiver. As some commentators observed, many courts took an absolutist approach and demanded that holders guard their privileges like crown jewels. For example, the courts announced that even inadvertent production of privileged material could effect a waiver, a waiver as to any privileged communication automatically extends to any …

Accountability For Sexual Assault Aboard Airplanes: An Analysis Of The Need For Reporting Requirements At 35,000 Feet, Madison L. George

Journal of Air Law and Commerce

Currently, airlines have no legal duty to report an in-flight sexual assault to law enforcement. This lack of a duty to report hinders investigations, prevents victims from receiving closure, and imposes additional liability on air carriers. This Comment suggests imposing a mandatory and uniform reporting requirement on commercial airlines. This requirement would better assist travelers and help limit airlines’ liability for in-flight sexual assault.

By examining the purposes and policies of other mandated reporting laws, it is apparent that the airline industry is an apt place to instill a duty to report. Requiring airlines to report in- flight sexual assault …

Front Matter

SMU Law Review

No abstract provided.