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0704: Satellite Network Of West Virginia (Satnet) Records, 1986-2001, Marshall University Special Collections

Guides to Manuscript Collections

The Satellite Network of West Virginia Collection consists of the bulk of documents and other corollaria accumulated by the entity from its inception in 1986 to the time its Director, John H. Buskey, retired from his position early 2001. These documents consist of Minutes and Correspondence, Technical Information, Budgetary Data, Personnel Files, and Work Product, to name several examples. Other corollaria consist of programs found on Videocassette. The Collection is divided into fifteen (15) user-friendly sections as listed in the Table of Contents. In the collection itself, Folders are designated by two different reference numbers. First, Folders are numbered as …

Genetic Evidence, Maoa, And State V. Yepez, Nita A. Farahany, Roderick T. Kennedy, Brandon L. Garrett

Faculty Scholarship

No abstract provided.

Changing The Law To Change Policing: First Steps, Barry Friedman, Brandon L. Garrett, Rachel Harmon, Christy E. Lopez, Tracey L. Meares, Maria Ponomarenko, Christopher Slobogin, Tom R. Tyler

Faculty Scholarship

Recent events have brought to the fore longstanding concerns about the nature of policing in the United States and how it undermines racial equity. As an institution, policing needs significant reconsideration. It is time to rethink the structure and governance of policing. It is also time to engage in a deeper conversation about the meaning of public safety. In the meantime, however, the following is a list of urgently-needed reforms, compiled by a small group of law school faculty, each of whom runs or is associated with an academic center devoted to policing and the criminal justice system. The reforms …

Policing The Schoolhouse, Brandon L. Garrett

Faculty Scholarship

No abstract provided.

Justice In Forensic Algorithms, Brandon L. Garrett

Faculty Scholarship

No abstract provided.

Judging Risk, Brandon L. Garrett, John Monahan

Faculty Scholarship

Risk assessment plays an increasingly pervasive role in criminal justice in the United States at all stages of the process, from policing, to pre-trial, sentencing, corrections, and during parole. As efforts to reduce incarceration have led to adoption of risk-assessment tools, critics have begun to ask whether various instruments in use are valid and whether they might reinforce rather than reduce bias in criminal justice outcomes. Such work has neglected how decisionmakers use risk-assessment in practice. In this Article, we examine in detail the judging of risk assessment and we study why decisionmakers so often fail to consistently use such …

The Costs And Benefits Of Forensics, Brandon L. Garrett

Faculty Scholarship

Supreme Court Justice Louis Brandeis famously wrote that states can be laboratories for experimentation in law and policy. Disappointingly, however, the actual laboratories that states and local governments run are not a home for experimentation. We do not have adequate information about either the costs or the benefits of forensic testing or allocation of resources. Increased spending and expansion of crime laboratories has perversely accompanied growing backlogs. Poor quality control has resulted in a series of audits and even closures of crime laboratories. In response to these problems, however, some laboratories and some entire states have developed new approaches toward …

Protecting Local News Outlets From Fatal Legal Expenses, Nicole J. Ligon

Faculty Scholarship

As lawsuits targeting the press continue to rise in response to today’s political climate, local news outlets are more likely to find themselves facing unexpected legal expenses. Although the national news media can generally weather the costs of libel lawsuits and subpoena requests, smaller news outlets have gone bankrupt or barely escaped such a fate while paying off legal fees, even when these outlets have ultimately been successful in their legal battles. Because local news outlets serve a critical role in underserved communities and are powerful agents of positive social change, they ought to be protected against fatal legal expenses. …

The Transparency Of Jail Data, William E. Crozier, Brandon L. Garrett, Arvind Krishnamurthy

Faculty Scholarship

Across the country, pretrial policies and practices concerning the use of cash bail are in flux, but it is not readily possible for members of the public to assess whether or how those changes in policy and practice are affecting outcomes. A range of actors affect the jail population, including: law enforcement who make arrest decisions, magistrates and judges who rule at hearings on pretrial conditions and may modify such conditions, prosecutors and defense lawyers who litigate at hearings, pretrial-service providers who assist in evaluation and supervision of persons detained pretrial, and the custodian of the jail who supervises facilities. …

Digging Into Algorithms: Legal Ethics And Legal Access, Carla L. Reyes, Jeff Ward

Faculty Scholarship

The current discussions around algorithms, legal ethics, and expanding legal access through technological tools gravitate around two themes: (1) protection of the integrity of the legal profession and (2) a desire to ensure greater access to legal services. The hype cycle often pits the desire to protect the integrity of the legal profession against the ability to use algorithms to provide greater access to legal services, as though they are mutually exclusive. In reality, the arguments around protecting the profession from the threats posed by algorithms represent an over-fit in relation to what algorithms can actually achieve, while the visions …

Juvenile Life Without Parole In North Carolina, Ben Finholt, Brandon L. Garrett, Karima Modjadidi, Kristen M. Renberg

Faculty Scholarship

Life without parole (LWOP) is “an especially harsh punishment for a juvenile,” as the U.S. Supreme Court noted in Graham v. Florida. The United States is the only country in the world that imposes juvenile life without parole (JLWOP) sentences. Many of these individuals were sentenced during a surge in LWOP sentencing in the 1990s. In the past decade, following several Supreme Court rulings eliminating mandatory sentences of LWOP for juvenile offenders, such sentencing has declined. This Article aims to empirically assess the rise and then the fall in JLWOP sentencing in a leading sentencing state, North Carolina, to better …

Understanding The Experiences Of Familiar Identity Theft Victims When A Parent Is The Perpetrator: A Pilot Study, Axton Betz-Hamilton

Consumer Sciences Faculty Publications

Incidents of familiar identity theft are becoming more common, yet limited research has explored the experiences of such victims, particularly those who had their identity stolen by a parent. In this qualitative pilot study, six participants shared their experiences during interviews. Data were analyzed using interpretive content analysis. The following preliminary themes emerged from the data: Not Filing a Police Report, Negative Impacts, Positive Impacts, Social and Demographic Factors, and Helpful Resources. Lessons learned regarding methods and suggestions for future research are provided.

2019 Town Of Deering, New Hampshire Annual Report Of The Town Officials, Departments And Committees., Deering Town Representatives

Deering, NH Annual Reports

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

The Prosecutor As A Final Safeguard Against False Convictions: How Prosecutors Assist With Exoneration, Elizabeth Webster

Journal of Criminal Law and Criminology

Prosecutors have helped secure an unprecedented number of recent exonerations. This development, combined with the rapid emergence of district attorney-initiated conviction integrity units (CIUs) raises several questions. How do prosecutors’ offices review postconviction innocence claims? How do they make decisions about the merits of those claims? How do CIU processes differ from non-CIU processes? This study examines the circumstances surrounding prosecutor-assisted exoneration cases through semi-structured interviews with 20 prosecutors and 19 defense attorneys. It draws from a sample of both CIU and non-CIU prosecutors, thereby enabling comparisons. Respondents were asked about their experiences and decision-making structures in specific, post-2005 exoneration …

Juvenile Life Without Parole In North Carolina, Ben Finholt, Brandon L. Garrett, Karima Modjadidi, Kristen M. Renberg

Journal of Criminal Law and Criminology

Life without parole (LWOP) is “an especially harsh punishment for a juvenile,” as the U.S. Supreme Court noted in Graham v. Florida. The United States is the only country in the world that imposes juvenile life without parole (JLWOP) sentences. Many of these individuals were sentenced during a surge in LWOP sentencing in the 1990s. In the past decade, following several Supreme Court rulings eliminating mandatory sentences of LWOP for juvenile offenders, such sentencing has declined. This Article aims to empirically assess the rise and then the fall in JLWOP sentencing in a leading sentencing state, North Carolina, to …

Family Separation Under The Trump Administration: Applying An International Criminal Law Framework, Reilly Frye

Journal of Criminal Law and Criminology

In April 2018, former Attorney General Jeff Sessions announced the “Zero Tolerance Policy.” The policy significantly increased criminal prosecution of immigrants entering the United States without inspection. Increased adult prosecution directly led to family separation. Parents were sent to federal jail and their children went to the Office of Refugee Resettlement. Neither institution communicated with the other, and the United States government lost track of parents and children. The government separated nearly 3,000 children from their parents, going as far as deporting over 400 parents to their countries of origin while their children remained in the United States. Many of …

Children Are Our Future: Resurrecting Juvenile Rehabilitation Through "Raise The Age" Legislation In Missouri, Brittany L. Briggs

Missouri Law Review

No abstract provided.

Balancing Transparency And Privacy In A University Sexual Misconduct Case: A Legal Public Relations Case Study, Chelsea L. Woods, Shari R. Veil

Communication Faculty Publications

In 2016, the University of Kentucky became embroiled in an open records debate with its student newspaper, The Kentucky Kernel. Following a professor’s resignation amid a sexual misconduct investigation, the Kernel asked for records pertaining to the case. The University refused, claiming the information would violate survivors’ privacy. The decision sparked public backlash, forcing the University to combat accusations that it was prioritizing reputation over student safety. This case study provides insight into the crisis management process by exploring how key actors in the case made decisions. Drawing from theoretical perspectives including stakeholder theory and the ethics of care …

Dear Mama, These Cops Don’T Understand Me: The Influence Of Mental Health Stigma On Youth Incarceration, Ashley Lockwood

Master's Theses or Doctor of Nursing Practice

Youth within the juvenile justice system have a higher prevalence of mental illness when compared to the general population, with some literature revealing up to 80% of incarcerated youth possess a diagnosable disorder (Shufelt & Cocozza, 2006; Underwood & Washington, 2016). Today, mental health stigma is widely prevalent and results in prejudice, discrimination, lowered self-esteem, and other negative outcomes for individuals struggling with mental health related issues (Corrigan & Watson, 2002; Dalgin & Gilbride 2003). With this in mind, the role mental health stigma plays in the lives of youth in the juvenile justice system should not be overlooked. Although …

Carceral Matrix: Black Women's Writing In Response To Mass Incarceration, 1963-2019, Allison Michelle Serraes

Electronic Theses and Dissertations

This dissertation broadens the definition of confinement literature, a critical and developing subfield in African American literary studies. It argues that contemporary Black women writers are the early theorists of the complex and insidious reach of the U.S. prison-industrial complex. Through their probing representations of Black female characters’ interactions with state-sanctioned social control and patriarchal violence, Gayl Jones, Alice Walker, Suzan-Lori Parks, and DaMaris B. Hill expand critical understandings of confinement and imprisonment. This dissertation contends that these writers’ depictions of sexual and reproductive control as part of the developing carceral state reveal how confinement and imprisonment operate on intersecting …

The Surprising Views Of Montesquieu And Tocqueville About Juries: Juries Empower Judges, Renée Lettow Lerner

GW Law Faculty Publications & Other Works

Both Montesquieu and Tocqueville thought that an independent judiciary was key to maintaining a moderate government of ordered liberty. But judicial power should not be exercised too openly, or the people would view judges as tyrannical. In Montesquieu’s and Tocqueville’s view, the jury was an excellent mask for the power of judges. Both Montesquieu and Tocqueville thought that popular juries had many weaknesses in deciding cases. But, as Tocqueville made clear, the firm guidance of the judge in instructions on law and comments on evidence could prevent juries from going astray and make the institution a “free school” for democracy. …

Bail Reform: A Possible Solution To Missouri's Broken Public Defender System?, Dana Kramer

Missouri Law Review

No abstract provided.

Incitement In An Era Of Populism: Updating Brandenburg After Charlottesville, Richard A. Wilson, Jordan Kiper

Faculty Articles and Papers

We live in an era of populism, characterized by political polarization, inciting speech on social media, and an escalation in hate crimes. The regulatory framework for direct incitement to imminent lawless action established fifty years ago in Brandenburg is showing signs of severe strain. One of the central frailties of Brandenburg’s three-part test is the lack of guidance on how courts should evaluate the probability that an inciting speech act will cause an imminent offense. In the absence of clear direction on analyzing risk, judges often rely on outdated heuristics and misleading metaphors. This article is the first to draw …

Rethinking The Relationship Between Punishment And Policing, Kiel Brennan-Marquez

Faculty Articles and Papers

Responding to Gabriel Mendlow, Why Is it Wrong To Punish Thought?, 127 YALE L. J. 2342 (2018).

Prior Discipline And Performance Among Police Officers: Does Organizational Fairness Matter?, Richard Helfers, Paul D. Reynolds, Jon Maskaly

Criminal Justice Faculty Publications and Presentations

Using a survey of police officers (n=1080) in a southern state of the USA, this study examines how overall performance is influenced by organizational fairness and prior disciplinary actions. In particular, this study focuses on the relationship between organizational treatment and officers’ self-acknowledged engagement in more innocuous forms of negative workrelated behaviors, general task performance, and extra-role behaviors. Results suggest prior disciplinary actions and organizational treatment are related to officer performance. Our findings highlight fair treatment’s relationship to enhanced prosocial activities and reduced negative work behaviors. Of importance to police administrators, police officers’ fairness perceptions of the police organization appear …

Improving Outcomes For Children Impacted By Adverse Childhood Experiences (Aces): A Study Of Intervention Effectiveness Guided By Developmental Theory, Lisa Teachanarong Aragon

CGU Theses & Dissertations

Adverse Childhood Experiences (ACEs) is the term often used to refer to a set of negative experiences occurring in childhood that hold high potential for inducing toxic stress and complex trauma in children (Felitti et al., 1998). Studies have shown that ACEs are common, often co-occur, and exhibit a strong dose-response relationship to many developmental outcomes across the lifespan (e.g., Anda et al., 2006; Blodgett, 2014; Dong et al., 2004; Metzler et al., 2017). As public awareness of ACEs, their prevalence, and their impact has spread, public interest in implementing effective prevention and intervention strategies has also increased (Donisch et …

"May We Be Buried Alive Together": Towards An Intersectional Feminist True Crime Praxis, Alexandra White

Pomona Senior Theses

Most mainstream true crime narratives revolve around a corpse. It is usually the body of a woman. The body is most often white. Not always, but in the cultural imaginary, she is blonde. She comes from a good family. She was a sweet girl. What happened to her? While this question haunts the general public, it also animates true crime communities as the victim becomes a symbol of innocence, a site of spectacular violence, and evidence of the incomprehensible extreme of human behavior. The question brings (primarily) white, cis women true crime fans together in the name of fascination, fear, …

Racial Bias And The Death Penalty In Nebraska (2005-2019), Natalie Bielenberg

Honors Program: Senior Projects (Public)

Ample evidence exists to suggest that the death penalty in the United States is affected by racial bias. Nebraska has a complex history with the death penalty, and in this study I investigate whether or not that racial bias is present in Nebraska’s capital punishment. Using a list of every Nebraska Department of Correctional Services inmate since 1982, I test for a relationship between race of inmate and sentencing outcome and a relationship between race of victim and sentencing outcome. No significant relationship was found between either race of inmate and receiving the death penalty nor race of victim and …

Silenced By Instruction, Vida B. Johnson

Emory Law Journal

Criminal law and procedure tell us a criminal defendant is presumed innocent. Jurors in criminal trials receive a specific instruction on the presumption of innocence prior to beginning deliberations in trial. But the instructions given to the jury in a number of jurisdictions when a defendant testifies is a significant legal obstacle standing in the way of the presumption of innocence. Jurors in a few states and federal courts all over the country receive instructions that a defendant’s testimony should be viewed with caution because of his interest in the outcome of the case. In other states the general instructions …

The Role Of Intent In The Rise Of Individual Accountability In Aml-Bsa Enforcement Actions, Tyler Halloran

Fordham Journal of Corporate & Financial Law

The statutory framework which prohibits individuals at financial institutions from engaging in money laundering attributes criminal or civil liability on the basis of an individual’s culpability with respect to the prohibited conduct. A recent Department of Justice policy shift has begun to place a greater focus on the prosecution of individuals within corporations. This shift has led to increased prosecutions of compliance personnel and bank officials in recent years.

Through analysis of recent cases, this Note seeks to explore how the requirement of intentional and/or willful conduct defines the potential for criminal and/or civil exposure for compliance personnel and bank …