Digital Commons Network^™

Detention By Any Other Name, Sandra G. Mayson

Scholarly Works

An unaffordable bail requirement has precisely the same effect as an order of pretrial detention: the accused person is jailed pending trial. It follows as a logical matter that an order requiring an unaffordable bail bond as a condition of release should be subject to the same substantive and procedural protections as an order denying bail altogether. Yet this has not been the practice.

This Article lays out the logical and legal case for the proposition that an order that functionally imposes detention must be treated as an order of detention. It addresses counterarguments and complexities, including both empirical and …

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

Scholarly Works

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 in order 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 …

Presidential Crimes Matter, Julian A. Cook

Scholarly Works

The resignations of United States Attorneys Geoffrey Berman and Jessie Liu from their respective positions in the Southern District of New York and the District of Columbia, and Attorney General William Barr’s and President Donald Trump’s persistent undermining of Special Counsel Robert Mueller’s Russian interference and obstruction of justice investigations and prosecutions are clarion calls to reform the process by which the executive branch criminally investigates itself. But there is another critical circumstance—the Special Counsel regulations—that has been largely overlooked and has been grossly underappreciated in the public discussion about undue executive branch influence. These regulations are foundational, their impact …

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

Scholarly Works

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 in order 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 …

The Concept Of Criminal Law, Sandra Mayson

Scholarly Works

What distinguishes “criminal law” from all other law? This question should be central to both criminal law theory and criminal justice reform. Clarity about the distinctive feature(s) of criminal law is especially important in the current moment, as the nation awakens to the damage that the carceral state has wrought and reformers debate the value and the future of criminal law institutions. Foundational though it is, however, the question has received limited attention. There is no clear consensus among contemporary scholars or reformers about what makes the criminal law unique. This Essay argues that Antony Duff’s The Realm of Criminal …

Predicting Competency In Motivational Interviewing Through An Objective Empathy Task, Kylah Moneek Clark

Open Access Theses & Dissertations

In the process of disseminating motivational interviewing (MI) it is important to identify who benefits from initial workshops and which trainees would benefit from an extended training model that involves coaching and performance feedback, which has recently been advocated. Prior research attempting to determine who benefits from training has failed to show associations between baseline self-reported empathy and training outcomes. However, the use of an objective empathy task may address the shortcoming of prior research. The purpose of the present study was to predict competency in motivational interviewing skills following training using an objective empathy task. In addition, we investigated …

The Development Of The Rapport Scales For Investigative Interviews And Interrogations, Observer Version (Rs3i-O), Justin Loren Magee

Open Access Theses & Dissertations

Rapport between an interviewer and a source is a vital component of successful investigative interviews and interrogations. Accurate measurement of rapport in these interactions is crucial to understanding its development and maintenance. The Rapport Scales for Investigative Interviews and Interrogations, Source version (RS3i-S; Duke et al., 2018) was developed to measure sources' perception of rapport, but no tool has been developed to measure rapport from a third-party observer's perspective. The primary purpose of this study was to develop the Rapport Scales for Investigative Interviews and Interrogations, Observer version (RS3i-O), a tool that allows observers to rate the rapport generated in …

"Celebrated, Not Tolerated": How Transgender And Nonbinary Individuals Navigate The Social World, Hannah Penklis

Open Access Theses & Dissertations

Seventeen individuals (4 trans men, 2 trans women, and 11 nonbinary people) were interviewed in this exploratory study on how transgender and nonbinary people feel about their bodies, and the role that social support plays in their experiences and feelings about their bodies. Semi-structured interviews revealed themes, including how transgender and nonbinary people interact with social support, their motivations for gender affirming medical interventions, and non-medical ways in which they alter their physical appearance. Participants reported a variety of experiences within their body across the spectrum of human experience: in some cases, individuals changed their weights dramatically; others felt strong …

Bilingual Children's L1 And L2 Word Frequency Effects: The Role Of Individual Differences, Astrid Michelle Portillo

Open Access Theses & Dissertations

Bilingualism continues to grow among the world's population. Nevertheless, most research studies on language processing have focused on monolingual individuals, leaving questions about how language processing unfolds in bilingual individuals. Here, we investigated how individual differences in bilingual experience, indexed by current L2 exposure, impact eye movement measures of reading fluency, indexed by word frequency effects, in an understudied population: bilingual children. Prior eye movement research involving bilingual younger adults (aged 18 to 30) has reported a trade-off in L1 and L2 word frequency effects with greater levels of current L2 exposure (Whitford & Titone, 2012, 2017). We wanted to …

The Influence Of Internalized Self-Prejudice On Anti-Gay Hate Crime Motivation, Ross Michael Templeton

Walden Dissertations and Doctoral Studies

The lesbian, gay, bisexual, transgendered, and queer (LGBTQ) community continues to be negatively impacted by high rates of anti-gay hate crime. Gay-rights activists continue to press for public policy changes to improve equality and reduce anti-gay sentiment. However, these efforts have not succeeded in reducing the number of attacks. Little is understood about what motivates perpetrators to commit violent acts against members of the LGBTQ community. This study explored how social coalitions and individual sexual identity development impact the motivation behind anti-gay hate crime from the perspective of convicted anti-gay hate crime offenders. The theoretical frameworks proposed for this study …

Juvenile Arrest And Recidivism Rate In Fulton County, Georgia, Norell Combs

Walden Dissertations and Doctoral Studies

The purpose of a Juvenile Justice Department in the United States justice system is to prevent juvenile offenses and to promote the smooth transition of young offenders when they are leaving rehabilitation centers and reentering society. That purpose essentially dedicates itself to fight against rehabilitation of youth. The Department of Juvenile Justice in Fulton County, Georgia (DJJFC), has created rehabilitation programs to facilitate this transition process for young offenders. Fulton County including its citizens, school system, parents, and juveniles would benefit from this issue being resolved. The purpose of this research was to explore the juvenile arrest and recidivism rates …

The Experience Of Latina Victims Of Domestic Violence In Seeking Support Services, Jeanine Chuya

Walden Dissertations and Doctoral Studies

The purpose of this study was to explore the factors that influence the decisions among Latina victims of domestic violence as to whether to seek support services after experiencing domestic violence. Various studies have found a higher rate of domestic violence among Latinas than other ethnic minority groups. A review of the contemporary literature demonstrated that little is known about factors influencing these women’s decisions about whether to seek support services post domestic violence experiences. Intersectionality and structural violence theory constituted this study’s framework. The research questions explored the lived experiences of Latina victims of domestic violence in seeking help …

Introduction To Creative And Collaborative Approaches To Research And Practice With A Social And Criminal Justice Focus, Julie Parsons, Gayle Letherby

School of Law, Humanities and Social Sciences

An introduction to creative and collaborative approaches to research and practice, with a social and criminal justice focus.

Criminal Deterrence: A Review Of The Missing Literature, Alex Raskolnikov

Faculty Scholarship

This review of the criminal deterrence literature focuses on the questions that are largely missing from many recent, excellent, comprehensive reviews of that literature, and from the literature itself. By “missing” I mean, first, questions that criminal deterrence scholars have ignored either completely or to a large extent. These questions range from fundamental (the distributional analysis of the criminal justice system), to those hidden in plain sight (economic analysis of misdemeanors), to those that are well-known yet mostly overlooked (the role of positive incentives, offender’s mental state, and celerity of punishment). I also use “missing” to refer to the areas …

Political Wine In A Judicial Bottle: Justice Sotomayor's Surprising Concurrence In Aurelius, Christina D. Ponsa-Kraus

Faculty Scholarship

For seventy years, Puerto Ricans have been bitterly divided over how to decolonize the island, a U.S. territory. Many favor Puerto Rico’s admission into statehood. But many others support a different kind of relationship with the United States: they believe that in 1952, Puerto Rico entered into a “compact” with the United States that transformed it from a territory into a “commonwealth,” and they insist that “commonwealth” status made Puerto Rico a separate sovereign in permanent union with the United States. Statehood supporters argue that there is no compact, nor should there be: it is neither constitutionally possible, nor desirable …

Covid, Crisis And Courts, Colleen F. Shanahan, Alyx Mark, Jessica K. Steinberg, Anna E. Carpenter

Faculty Scholarship

Our country is in crisis. The inequality and oppression that lies deep in the roots and is woven in the branches of our lives has been laid bare by a virus. Relentless state violence against black people has pushed protestors to the streets. We hope that the legislative and executive branches will respond with policy change for those who struggle the most among us: rental assistance, affordable housing, quality public education, comprehensive health and mental health care. We fear that the crisis will fade and we will return to more of the same. Whatever lies on the other side of …

Reframing Affirmative Action: From Diversity To Mobility And Full Participation, Susan P. Sturm

Faculty Scholarship

Legality and efficacy call for reframing the affirmative-action debate within a broader institutional effort to address structural inequality in higher education. Although defending affirmative action as we know it continues to be important and necessary, it is crucial to identify and address the disconnect between affirmative action and higher education's practices that contribute to enduring racial and economic inequality and waning social mobility. There is a persistent and growing gap between higher education’s rhetoric of diversity, opportunity, and mobility and the reality of underparticipation, polarization, and stratification. That gap has racial, gender, and socioeconomic dimensions. The path to shoring up …

Linked Fate: Justice And The Criminal Legal System During The Covid-19 Pandemic, Susan P. Sturm, Faiz Pirani, Hyun Kim, Natalie Behr, Zachary D. Hardwick

Faculty Scholarship

The concept of “linked fate” has taken on new meaning in the face of the COVID-19 pandemic. People all over the world – from every walk of life, spanning class, race, gender, and nationality – face a potentially deadly threat requiring cooperation and sacrifice. The plight of the most vulnerable among us affects the capacity of the larger community to cope with, recover, and learn from COVID-19’s devastating impact. COVID-19 makes visible and urgent the need to embrace our linked fate, “develop a sense of commonality and shared circumstances,” and unstick dysfunctional and inequitable political and legal systems.

Nowhere is …

The New Restatement Of Children And The Law: Legal Childhood In The Twenty-First Century, Clare Huntington, Elizabeth S. Scott

Faculty Scholarship

This Essay is based on a previous article: Clare Huntington & Elizabeth Scott, Conceptualizing Legal Childhood in the Twenty-First Century, 118 Mich. L. Rev. 1371 (2020) (offering a comprehensive account of the Child Wellbeing framework).

Since the 1960s, the law regulating children has become increasingly complex and uncertain. The relatively simple framework established in the Progressive Era, in which parents had primary authority over children subject to a limited supervisory and protective role of the state, has broken down. Lawmakers have begun to grant children some adult rights and privileges, raising questions about their traditional status as vulnerable, dependent, …

Suicidal Risk Education In Hospice Care, Shannon Jones

Doctor of Nursing Practice Projects

It is well-documented that oncology patients experience greater rates of suicidality including suicidal ideation, actions, or completions, as compared to the general population. The small, rural county which was the setting for this project has a higher rate of lung and colon cancers as compared to regional, state, and national rates. A review of the literature revealed best practices for suicide screening including universal education and screening and targeted education and screening for at-risk populations. The rate for suicides in the county is also higher than the rates for the region, state, and nation. The purpose of this project was …

The Problem Of Humanization: Affect And Investigative Mindset In U.S. Capital Mitigation, Jesse Cheng

Social and Cultural Sciences Faculty Research and Publications

This article has two goals. First, I demonstrate the challenges that “humanization” poses for the defense as an ideal of sentencing mitigation in U.S. capital trials. Capital case procedure largely neutralizes the sympathetic effects of humanization with jurors. In addition, potential mitigation witnesses inhabit affective environs that undermine any inclination to help the defense through sympathetic testimony. Second, I explain how defense advocacy responds to humanization’s challenges. Practitioners adopt an investigative mindset that focuses on forging the conditions to cultivate relationships with mitigation witnesses. This intensive affective labor translates back into the realm of procedure through strategic maneuvers intended to …

The More You Know: How Adolescent Defendants' Age, Gender, And Psychosocial Maturity Influence Mock Jurors' Perceptions, Isabelle M. Clough

Open Access Theses & Dissertations

Adolescents are considered less responsible than adults for criminal behavior due to their developmental immaturity (Cauffman & Steinberg, 2000). When adolescents are transferred from juvenile court to adult court, however, they may be judged by jury members who do not recognize adolescents' diminished maturity nor understand how maturity influences culpability. The present study therefore sought to examine how information about adolescent defendants' age, gender, and psychosocial maturity influences mock jurors' perceptions of responsibility, guilt, and appropriate sentencing severity. A pilot study (N = 113 undergraduates) first determined the most appropriate vignette for the final study: an adolescent charged with hit-and-run …

Shadows Of Yesterday, Marlene Liotti

Open Access Theses & Dissertations

The year is 2020, but here we are still living in a male dominated society. We remain constantly reminded and surrounded by the mentality that certain activities and career choices are better suited for men over women. We even endure these depictions in literature, on the big screen, and on television. Action films, war movies and novels, and crime dramas show the protagonists and supporting characters as males. There are rare occasions where you may find a female actress or literary character protagonist, and when this happens, she is not depicted with the same strength, knowledge, respect, or importance. She …

All Faiths & None: A Guide To Protecting Religious Liberty For Everyone, Elizabeth Reiner Platt, Katherine M. Franke, Keisha E. Mckenzie, Katharine Rhodes Henderson

Faculty Scholarship

Religious liberty rights have been immeasurably damaged over the past several years — often in the name of protecting religious liberty.

Government officials have embraced Islamophobic policies and rhetoric; shut the door on refugees fleeing religious persecution; elevated the religious rights of their political allies over the rights — religious and otherwise — of other communities; used religion as a tool of economic deregulation; and denigrated the beliefs of religious minorities, atheists, and religious progressives.

To achieve true freedom for those of all faiths and none, a complete overhaul of religious liberty policy, and a new understanding of what this …

Marshall Shapo's "Constitutional Tort" Fifty-Five Years Later, Michael Wells

Scholarly Works

In 1965, Northwestern University Law Review published Professor Marshall Shapo’s article, Constitutional Tort: Monroe v. Pape and the Frontiers Beyond.1 Professor Shapo’s paper analyzed the origins of constitutional tort law, which consists of suits for damages for constitutional violations committed by government officials or the governments themselves. The article began with an account of the post-Civil War background of 42 U.S.C. § 1983, a statute enacted in 1871 to enforce the Fourteenth Amendment. After the Civil War, recalcitrant southerners, acting through groups like the Ku Klux Klan, intimidated the freedmen and their white supporters, organized lynch mobs, burned houses, and, …

Glimpses Of Women At The Tokyo Tribunal, Diane Marie Amann

Scholarly Works

Compared to its Nuremberg counterpart, the International Military Tribunal for the Far East has scarcely been visible in the seven decades since both tribunals’ inception. Recently the situation has changed, as publications of IMTFE documents have occurred alongside divers legal and historical writings, as well as two films and a miniseries. These new accounts give new visibility to the Tokyo Trial – or at least to the roles that men played at those trials. This essay identifies several of the women at Tokyo and explores roles they played there, with emphasis on lawyers and analysts for the prosecution and the …

Neuroscience And Mental Competency: Current Uses And Future Potential, John B. Meixner Jr.

Scholarly Works

One major conundrum in the field of law and neuroscience is that the mental states that are most relevant to legal determinations are often mental states that occurred in the past, and can longer be assessed. Could the defendant, at the time he committed the crime, have had the cognitive capacity to satisfy the required mens rea for the crime charged? Was an individual's tortious conduct intentional or inadvertent? Even if the field of neuroscience eventually gains the ability to provide data relevant to understanding of immediate mental states, those data will be unavailable to legal actors by the time …

Front Matter

Lewis & Clark Law Review

Front Matter contains Table of Contents, Masthead, and faculty for Lewis & Clark Law Review Volume 24, Issue 3.

Maintaining The Delicate Balance Between Due Process And Protecting Reporting Students From Re-Traumatization During Cross-Examination: Title Ix Investigations In The Wake Of The Trump Administration's Proposed Regulations, Lauren Bizier

Roger Williams University Law Review

No abstract provided.

Full Disclosure: Family Violence And Legal Ethics

UBC Law Review

No abstract provided.