Digital Commons Network^™

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 In the absence of clear direction on analyzing risk, judges often rely on outdated heuristics and misleading metaphors.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 …

Flesh Markets: Sex Trafficking, Opioids, And The Legal Process To Eradicate The Demand, Blanche Cook

Law Faculty Scholarly Articles

On February 5, 2021, the University of Kentucky J. David Rosenberg College of Law, grateful steward of the community it serves, held a symposium for students, practitioners, stakeholders, and the public. The symposium, the first of its kind, examined the converging and rising tides of sex trafficking vulnerability and opioid dependency. The Kentucky Law Journal and the University of Kentucky Department of Gender and Women's Studies sponsored the symposium.

In order to provide necessary context, the following introduction briefly outlines sex trafficking and is followed by an overview of the symposium. For a more detailed review of the generous expertise …

Eliminating The Criminal Debt Exception For Debtors' Prison, Cortney E. Lollar

Law Faculty Scholarly Articles

Although the exact number is unknown due to poor documentation, the data available suggests nearly a quarter of the current incarcerated population is detained due to a failure to pay their legal financial obligations. In federal courts alone, the amount of criminal legal debt owed to the U.S. government in fiscal year 2017 totaled more than $27 billion, and to third parties, more than $96 billion, not including interest. In 2004, approximately sixty-six percent of all prison inmates were assessed a fine or fee as part of their criminal sentence.4 Not surprisingly, legal financial obligations disproportionately impact poor defendants and …

A Social Work Education Grounded In Human Rights, Lanelle E. Quzack, Grace Picard, Stacie M. Metz, Christina M. Chiarelli-Helminiak

Social Work (Graduate) Faculty Publications

In response to a mandate to advance human rights through social work education, this article focuses on the curricular redesign and program evaluation of one MSW Program. The program’s specialization focused on advanced social work practice with individuals, families, and communities grounded in social justice and human rights. A pre-experimental one-group posttest-only program evaluation design was implemented. Multiple assessment instruments were used to measure human rights exposure in social work education, as well as a human rights lens and engagement in social work practice among 93 graduating MSW students from a public university with suburban and urban campus locations. How …

Goodness In Gaming: A Survey On Gamers And Their Altruism, Daniel Amaral

Honors Undergraduate Theses

The psychological inquiry into the effects of videogames and the internet on behavior is still a relatively new field. The question of whether playing violent videogames directly contribute to violent behavior, particularly in reference to its influence in mass shootings, is an important one that needs answers. A plethora of research purportedly shows the negative effects of (violent) videogames, but research showing positive effects, particularly on prosocial behaviors within the virtual world and reality, are less common. If specific videogame preferences are associated with altruistic behaviors, such a finding could elucidate how videogames might contribute to prosocial behavior. In this …

Can General Strain Theory Be Used To Explain The Relationship Between Recidivism And Secure Placement?, Alessia R. Shaw

Honors Undergraduate Theses

There has been extensive research conducted on recidivism among serious juvenile offenders. This study examines juvenile recidivism through the lenses of General Strain Theory (GST). GST has been used in previous studies to explain recidivism, however, secure placement and its effect on juvenile mental health, has not been studied. The purpose of this study is to test for a relationship between emotional responses like anger and hostility and secure placement, utilizing the Pathways to Desistance data. I will also examine if anger and hostility act as a mediator between secure placement and recidivism. Pathways to Desistance was a prospective study …

How Free Is "Free?": Restrictive Agency And Optimism, Mel A. Tornin

Honors Undergraduate Theses

This study explored the effect of restricting participants’ agentic choice on their levels of optimism. This study used the pre-test, post-test design to investigate the impact of non-agentic choice in meaningful scenarios on feelings of optimism. 147 participants completed a measure of optimism, were assigned to conditions of simulated choice, and were instructed to freely write about their decisions. The association between personality traits and optimism was also explored. Study findings showed that assigning participants to restrictive and agentic conditions had no effect on optimism. However, a significant negative correlation trait neuroticism and optimism was found. Content analyses run on …

Racial Bias And Juror Selection In Death Penalty Cases, Kaitlyn D. Wallace

Honors Undergraduate Theses

Across the country, African American defendants are being discriminated against in the criminal courts and by juries, particularly in capital cases.[1] This assertion is supported by two lines of research. First, an analysis of Supreme Court decisions focusing on the racial impact on voir dire. Second, social-legal studies on juror decision making have demonstrated legal and socio-legal histories providing evidence that demonstrate there is a racial bias in our system. Based on these findings, this paper sets forth several legal and policy recommendations to improve the fair adjudication of African American defendants charged with capital crimes.

[1] Jack Glaser, …

Serial Murder And Media Coverage, Molly Gross

Honors Undergraduate Theses

This study sets out to explore the relationship between news media coverage on serial killers and their behavior. As a result of the lack of previous research on this topic, utilizing past research on a few historically well-known serial killers and news media reports about those serial killers, this study attempts to determine if news media has any effect on a serial killer’s behavior prior to apprehension. After a review of the history of serial murder and the past findings about serial murderers, as well as background on the history of the media coverage of crime, this study will look …

Emotion Experience To Expression: Influence Of Psychopathy, Expression Suppression, And Working Memory, Keira Monaghan

Honors Undergraduate Theses

The intent of this thesis is to explore the perceived discrepancies between individual scores of psychopathy, particularly the division of primary and secondary psychopathy, and how such scores may moderate the relationship of one's emotional experiences with the corresponding emotional expression. There is evidence to consider that a person's working memory ability and/or volitional suppression of expression may also moderate this relationship and result in constricted emotional expression, a trait often found in primary psychopathy. Undergraduate participants completed the study online, and after exclusions, a final sample size of 126 participants (62.7% women) was used in analyses. An initial linear …

An Exploratory Examination Of The Digital Marijuana Policy Messaging Of Liberal, Governmental, And Conservative Organizations Utilizing Websites, Kimberly Kampe

Electronic Theses and Dissertations, 2020-2023

The purpose of this mixed-methods study is to examine whether differences exist between the digital media promotion of marijuana policies by organizations based on their type (liberal, federal government, or conservative ). Concerns about illicit drug use in America are apparent when looking at the current discourse on marijuana policy. This discourse has been impacted by the media's construction of the drug problem and how that problem is defined by different sources. This messaging has the potential to impact societal views on crime, justice, and related policies. In the process of media persuasion, there are various organizations conveying divergent marijuana …

Keeping Girls' Voices At The Center Of Our Work: A Phenomenological Study On The Discipline Experiences Of Black Girls With Disabilities, Whitney Hanley

Electronic Theses and Dissertations, 2020-2023

Disciplinary exclusion is disproportionately enforced with Black students with disabilities. Researchers in this area typically examine the overuse of disciplinary exclusion using homogeneous samples narrowed by race, gender, or disability category; however, implications of the overuse and misuse of discipline have rarely been explored at the intersection of race, gender, and disability. Furthermore, Black girls with disabilities and their experiences with discipline are often muted, or overlooked. Due to perceived defiance, which current researchers support, the actions and choices of Black girls are under heightened surveillance. Responses to their behavior often results in inequitable use of discipline. A master narrative …

Prescription Drug Abuse Amongst The Elderly, Michael O'Blenis

Electronic Theses and Dissertations, 2020-2023

This thesis attempts to document and illuminate the growing issue of prescription drug abuse among the elderly population. The average elder in the U.S. takes at least one prescription drug per day, depending upon their health status. Likewise, elders that suffer from multiple chronic conditions are more likely to take multiple prescription drugs. As the lifespan of humankind grows well into their 90's and older, even more elders will be placed on prescription drugs. As part of this study, a narrative literature review was conducted to summarize the topic of prescription drug abuse amongst the elderly. The findings suggest that …

2020-2021 Graduate Program Catalog, Nova Southeastern University

Halmos College of Arts and Sciences Course Catalogs

No abstract provided.

Reimagining The Death Penalty: Targeting Christians, Conservatives, Spearit

Buffalo Law Review

This Article is an interdisciplinary response to an entrenched legal and cultural problem. It incorporates legal analysis, religious study and the anthropological notion of “culture work” to consider death penalty abolitionism and prospects for abolishing the death penalty in the United States. The Article argues that abolitionists must reimagine their audiences and repackage their message for broader social consumption, particularly for Christian and conservative audiences. Even though abolitionists are characterized by some as “bleeding heart” liberals, this is not an accurate portrayal of how the death penalty maps across the political spectrum. Abolitionists must learn that conservatives are potential allies …

Innocent Juvenile Confessions, Seth P. Waxman

Journal of Criminal Law and Criminology

No abstract provided.

Defining "Special Care", Ben Gifford

Journal of Criminal Law and Criminology

For the better part of the last century, the Supreme Court has held that courts must evaluate the voluntariness of juvenile confessions with “special care.” This special care requirement cautions courts against judging juveniles “by the more exacting standards of maturity” or comparing a juvenile suspect “with an adult in full possession of his senses and knowledgeable of the consequences of his admissions.” It also instructs courts to ensure that a juvenile’s “admission was voluntary, in the sense not only that it was not coerced or suggested, but also that it was not the product of ignorance of rights or …

False Confessions And Testimonial Injustice, Jennifer Lackey

Journal of Criminal Law and Criminology

In the criminal justice system, confessions have long been considered the gold standard in evidence. An immediate problem arises for this gold standard, however, when the prevalence of false confessions is taken into account. Since 1989, there have been 367 post-conviction DNA exonerations in the United States, and 28% of these involved false confessions. Moreover, false confessions involve everything from minor infractions to detailed accounts of violent crimes.

This article takes a close look at false confessions in connection with the phenomenon of testimonial injustice. It argues that false confessions provide a unique and compelling challenge to the current conceptual …

Inaccuracy And The Involuntary Confession: Understanding Rogers V. Richmond Rightly, Dean A. Strang

Journal of Criminal Law and Criminology

No abstract provided.

Protecting Crime Victims In State Constitutions: The Example Of The New Marsy's Law For Florida, Paul G. Cassell, Margaret Garvin

Journal of Criminal Law and Criminology

A majority of states have adopted state constitutional amendments protecting crime victims’ rights. Most of those amendments were adopted long ago and many fail to comprehensively address crime victims’ interests. In response to these shortcomings, the nation is seeing a new wave of state constitutional amendments protecting crime victims’ rights. Among these states is Florida, where in November 2018 Florida voters approved significantly expanded protections for crime victims in Florida’s Constitution—“Marsy’s Law for Florida.”

This Article explains in detail how Marsy’s Law for Florida provides important new protections for crime victims in the Florida criminal justice process. …

Eyewitness Identification And The Problematics Of Blackstonian Reform Of The Criminal Law, Lawrence Rosenthal

Journal of Criminal Law and Criminology

A substantial number of wrongful convictions are attributable to inaccurate identifications of perpetrators, stemming from the difficulties that eyewitnesses can experience in accurately perceiving and later recalling faces. Many have argued that courts should employ prophylactic rules to prevent the admission of unreliable identification evidence. Yet, most jurisdictions continue to follow the deferential approach to the admission of eyewitness identification evidence taken by the United States Supreme Court in Manson v. Brathwaite. Commentators have universally condemned this state of affairs.

This Article offers a departure from the existing commentary by taking seriously the possibility that courts have good reason …

Retroactive Legality: Marijuana Convictions And Restorative Justice In An Era Of Criminal Justice Reform, Deborah M. Ahrens

Journal of Criminal Law and Criminology

The last decade has seen the beginning of a new era in United States criminal justice policy, one characterized by a waning commitment to over-criminalization, mass incarceration, and a punitive War on Drugs as well as a growing regret for the consequences of our prior policies. One of the central questions raised by this shifting paradigm is what to do about the millions of individuals punished, marked, and shunned as a result of policies we now regret. This issue is particularly pointed for marijuana convictions, as the coexistence of strict regimes of collateral consequences for drug convictions and the active …