Digital Commons Network^™

Possible Reliance: Protecting Legally Innocent Johnson Claimants, Keagan Potts

Michigan Law Review

The writ of habeas corpus presents the last chance for innocent defendants to obtain relief from invalid convictions and sentences. The writ constitutes a limited exception to the finality of judgments. Given the role finality plays in conserving judicial resources and deterring criminal conduct, exceptions created by habeas must be principally circumscribed. Since the Supreme Court’s invalidation of the Armed Career Criminal Act’s residual clause in Johnson v. United States, the federal courts of appeals have attempted to develop a test that protects the writ from abuse by Johnson claimants.

This Note first contributes a new understanding of the …

Countenancing Employment Discrimination: Facial Recognition In Background Checks, Kerri A. Thompson

Texas A&M Law Review

Employing facial recognition technology implicates anti-discrimination law under Title VII of the Civil Rights Act when used as a factor in employment decisions. The very technological breakthroughs that made facial recognition technology commercially viable—data compression and artificial intelligence— also contribute to making facial recognition technology discriminatory in its effect on members of classes protected by Title VII. This Article first explains how facial recognition technology works and its application in employee background checks. Then, it analyzes whether the use of facial recognition technology in background checks violates Title VII under the disparate impact theory of liability due to the known …

Foreward, Jennifer L. Mcclellan

University of Richmond Law Review

No abstract provided.

Tennessee Felon Population Update, November 2020, Tennessee. Department Of Correction.

Felon Population Reports

No abstract provided.

The Music Of Mass Incarceration, Andrea L. Dennis

Scholarly Works

Intellectual property law reaches every aspect of the world, society, and creativity. Sometimes, creative expression is at the very crux of societal conflict and change. Through its history, rap music has demonstrated passionate creative expression, exploding with emotion and truths. Now the most popular musical genre in America, rap has always shared—and consistently critiqued—disproportionate effects of the criminal legal system on Black communities. The world is increasingly hearing these tunes with special acuity and paying more attention to the lyrics. Virtually every music recording artist would consider the following numbers a major career achievement: 500 percent increase; 222 percent growth; …

Police Perceptions Of Overdose Outreach Program Effectiveness, Laurie T. Becker

Justice Studies Theses

As the number of fatal opioid overdoses rose exponentially, police departments began to realize that traditional, crime control, methods were not working to decrease overdoses. In response, many departments shifted toward a service-centered model of policing, involving overdose outreach visits to encourage treatment to individuals either at-risk of overdosing or having recently experienced a non-fatal overdose. While these programs are increasing, there is little research regarding how police perceive the effectiveness of these programs. Through a survey of officers from Massachusetts, Rhode Island, and Connecticut, this study examines the attitudes police officers hold toward the effectiveness of overdose outreach programs …

Force-Feeding Pretrial Detainees: A Constitutional Violation, Bryn L. Clegg

William & Mary Law Review

No abstract provided.

Incorporating Social Science Into Criminal Defense Practice, Eve Brensike Primus

Articles

In recent decades, social scientists have created a treasure trove of empirical and sociological data that defenders can and should use to help their clients. Evidence rules, criminal law, and criminal procedure are filled with concepts informed by social science. When is evidence likely to unfairly prejudice a defendant in the eyes of a jury? Do police interact differently with members of minority populations and how should that inform concepts of reasonableness? How easy or difficult is it for people to identify individuals they see during high-stress criminal episodes? How effective are police interrogation tactics at getting at the truth …

The Prospector, November 25, 2020, Utep Student Publications

The Prospector

Headline: Another Graduation Lost to COVID-19

Graduation issue. Contains a list of the 2020 graduates.

The Effect Of School Discipline Processes On Student Perceptions Of Personal Safety In Rural Middle Schools, Jaslene Atwal

All Theses And Dissertations

There is a need to clearly communicate expectations and consequences of misconduct to deter students from engaging in negative behaviors that create a physically or psychologically unsafe learning environment at school. A poor school climate has been found to have a detrimental effect on student achievement. A positive learning environment can transform negative situations into positive ones and have a beneficial effect on student behavior and achievement. This study explored the effect of a proactive discipline program on students’ perceptions of their physical and psychological safety in rural middle schools. The research questions for this study asked what factors most …

Life On Death Row, Gordon A. Crews, Stephen C. Stanko, Garrison A. Crews, Luzenski A. Cottrell

Criminal Justice Faculty Publications

The purpose of this chapter is to examine the general conditions for those living on death row in the United States. This examination involves the various restrictions of freedom outside of cell, size and conditions in cells, allowances on personal property, and limits on food and recreation. Special attention is given to discussing the unique relationships that often develop between correctional officers and death row inmates. These relationships are explored through the phenomena of “Hustling” (i.e., any actions taken by an inmate to generate revenue, power, or control over their environment). This type of behavior often is used as …

The Case Against Prosecuting Refugees, Evan J. Criddle

Faculty Publications

Within the past several years, the U.S. Department of Justice has pledged to prosecute asylum-seekers who enter the United States outside an official port of entry without inspection. This practice has contributed to mass incarceration and family separation at the U.S.–Mexico border, and it has prevented bona fide refugees from accessing relief in immigration court. Yet, federal judges have taken refugee prosecution in stride, assuming that refugees, like other foreign migrants, are subject to the full force of American criminal justice if they skirt domestic border controls. This assumption is gravely mistaken.

This Article shows that Congress has not authorized …

Equal Protection Under Algorithms: A New Statistical And Legal Framework, Crystal S. Yang, Will Dobbie

Michigan Law Review

In this Article, we provide a new statistical and legal framework to understand the legality and fairness of predictive algorithms under the Equal Protection Clause. We begin by reviewing the main legal concerns regarding the use of protected characteristics such as race and the correlates of protected characteristics such as criminal history. The use of race and nonrace correlates in predictive algorithms generates direct and proxy effects of race, respectively, that can lead to racial disparities that many view as unwarranted and discriminatory. These effects have led to the mainstream legal consensus that the use of race and nonrace correlates …

Furthering Decolonization: Judicial Review Of Colonial Criminal Law, Maryam Kanna

Duke Law Journal

Most of the world today was once colonized by a European power. Great Britain was one of the most prolific colonizers, with more than 412 million people under its rule at its height. As part of its colonial enterprise, Great Britain transplanted criminal laws into its colonies and territories, to varying degrees. Across many former Commonwealth colonies, the criminal codes implemented by the British were similar or even identical. Today, these colonial criminal codes remain largely intact in many former colonies. Some of these colonial criminal laws are notoriously used by modern postcolonial governments to infringe human rights and restrict …

Keeping Secrets: The Unsettled Law Of Judge-Made Exceptions To Grand Jury Secrecy, H. Brent Mcknight Jr.

Duke Law Journal

Federal Rule of Criminal Procedure 6(e) functionally binds everyone who is present during grand jury proceedings (except witnesses) to secrecy. But questions arise when courts are asked to make exceptions to grand jury secrecy outside those enumerated in the rule, such as exceptions for Congress or for the release of historically significant grand jury records.

This Note examines the propriety of judge-made exceptions to grand jury secrecy. Contrary to some courts authorizing disclosure outside of Rule 6(e), this Note argues that the text and development of Rule 6(e), along with limitations on courts’ inherent authority over grand jury procedure, caution …

الوضع تحت المراقبة الالكترونية في التشريع الجزائي الإماراتي, اليازية سلطان الظاهري

Public Law Theses

يعتبر الوضع تحت المراقبة الالكترونية من الموضوعات المستحدثة التي أدرجها المشرع الاتحادي في الباب الثالث من قانون الإجراءات الجزائي، إذ تقوم هذه الآلية على أساس توظيف التقنياات الحاديثاة في مجاال التنفياذ العقاابي للحاد من مسااوئ العقوبة السا لبة للحرية أو الحبس الاحتياطي.

تكمن أهمية هذه الدراسة في بيان التنظيم القانوني للوضع تحت المراقبة الالكترونية، ومادى الاستفاادة من التقنياات الحاديثاة في مجاال العادالاة الجناائياة، والبحاث عن مادى الأخاذ بهاا باعتبارها إحدى الوسااائل المسااتحدثة لعلم المشاااكل الناجمة عن تنفيذ العقوبات السااالبة للحرية أو الحبس الاحتياطي داخل المنشآت العقابية في ضوء القواعد القانونية.

وتناولت هذه الدراساة الأحكام القانوني للمراقبة الالكترونية في التشريع الاتحادي، …

Investigating Early Childhood Educators’ Experiences In Teaching Phonological Awareness: A Case Study, Kristine Reilly

All Theses And Dissertations

Literacy instruction, or teaching educators how to teach reading, is increasingly important as the effects of illiteracy impact everyone from the individual level to the societal level. The cost of illiteracy to the global economy is estimated at $1.2 trillion U.S. dollars (World Literacy Foundation, 2015). Improving literacy for all becomes a social justice concern as access to literacy opens avenues to further education and to improved physical and mental wellbeing. Over the past forty years, neurocognitive and behavioral science has demonstrated how the human brain learns to read. However, educator training programs and professional development have not kept pace …

Oklahoma V. Purdue Pharma: Public Nuisance In Your Medicine Cabinet, Justin Kaufman

Cardozo Law Review

No abstract provided.

Divine Suppressors: Bigamy In The Eighteenth-Century Criminal Justice System, Luke Hs Horton

Armstrong Undergraduate Journal of History

The criminal justice system in eighteenth-century England was an integral part of European society. The legal system had always been associated with several facets of everyday life and touched upon the lives of those in every class of European society. One of England’s oldest and most significant courthouses was the Old Bailey, which held thousands of trials and sessions over the two hundred and forty years it was active. Out of the wide variety of cases to choose from, ten sexual offences revolving around bigamy were selected to present how the criminal justice system leaked into different areas of life. …

State: The Magazine Of Illinois State University, November 2020, Illinois State University, University Marketing And Communications

State: The Magazine of Illinois State University (1999-present)

Illinois State University alumni magazine

A Comparison Of Self-Control Measures And Drug And Alcohol Use Among College Students, Brooke E. Mathna, Jennifer J. Roberts, Marthinus C. Koen

Midwest Social Sciences Journal

Research has shown a link between drug and alcohol behaviors and self-control; however, much of the research focuses on only the general theory of crime (Gottfredson and Hirschi 1990), without regard to Hirschi’s (2004) self-control theory. The purpose of the current study is to examine three measures of Hirschi’s self-control theory and to understand the link between Hirschi’s self-control theory and drug and alcohol behaviors. This study draws from a sample of undergraduate college students (N = 640) to examine the role of Hirschi’s self-control in the explanation of drug and alcohol behaviors. The current study uses a previous measure …

Reviewers And Referees, Mssj Staff

Midwest Social Sciences Journal

No abstract provided.

Volume 23, Full Contents, Mssj Staff

Midwest Social Sciences Journal

No abstract provided.

Documenting Current Practices Of Accommodating Linguistic Needs Of Deaf Defendants, Beau Shine

Midwest Social Sciences Journal

Deaf defendants are an underexamined population in criminal justice research, and very few studies have examined their involvement in the criminal justice system. In addition, research on accommodating the linguistic needs of deaf defendants is sparse. Failure to accommodate the linguistic needs of deaf defendants presents several concerns, including disparate treatment and violations of ADA-guaranteed rights that may lead to inadmissible evidence, dismissals of cases, and not-guilty verdicts, as well as lawsuits and litigation, all of which create additional strain on an already overburdened system. The current study combines previous research on deaf defendants with the findings of data gathered …

The Pacific Sentinel, November 2020, Portland State University. Student Publications Board

The Pacific Sentinel

Editor: Vivian Veidt

Articles in this issue include:

• Letter from the Editor
• Drones and Robots Battling
• COVID-19
• PSU’s First Homelessness and Housing Insecurity Study
• The Ziplock Diary
• Constitutionally Speaking
• God May Be Dead, but the Christian Left Isn’t
• A True Professional
• Black Is King

Information Security And Feeling Of Public Insecurity In Covid-19 Pandemic Circumstances, Ahmet Nuredini

UBT International Conference

This paper aims to present a model of information security in the context of the global pandemic "COVID-19". The world today is facing the "COVID-19" virus that made life difficult for citizens and created the sense of insecurity for the public around the world. The global pandemic "COVID-19" created a challenging situation in all areas, especially in the field of public safety. This situation challenged the work of educational, economic and in particular the work of health and security institutions. Criminals of various profiles are exploiting the fear and insecurity from the pandemic, especially those dealing with cybercrime such as …

“I Will Take Every Opportunity To Encourage Others”: A Chat With Heather Cuthbertson, Editor Of Gold Man Review, Heather Cuthbertson, Sydney Gonzalez

The Review Review

Gold Man Review is an annual literary journal serving and supporting a community of authors residing on the West Coast. It highlights diverse and passionate writers of short fiction, nonfiction, and poetry. The journal’s founder and Editor-In-Chief, Heather Cuthbertson, has overseen all issues and has ensured that they abide by Gold Man Review’s mission, “Creativity Becomes Community.” The journal’s 9th, and most recent, issue delightfully walks the line between playful and serious with a varied collection that has something for everyone. Issue 9 offers readers tales of love gained and lost, poignant reminders of how words affect others and …

Comparative Law Enforcement Model At Sea: Lesson Learned For Indonesia, Yetty Komalasari Dewi, Arie Afriansyah, Aristyo Rizka Darmawan

Indonesian Journal of International Law

Illegal, Unregulated, and Unreported Fishing (IUU Fishing) has grown significantly in the last few decades. This practice certainly has and will undermine global fisheries resources even further. As a result, the international community needs to establish measures to prevent the IUUF through international agreements. Presently, the international communities have formed various organizations, both regional and international (regional fisheries management organizations or RFMO), which shows its attention to the need for sustainable fisheries resources management and to prevent any illegal IUU fishing activity. Therefore, every country is currently seeking the law enforcement model to secure its maritime jurisdictions from any IUUF …

The Metropolitan Government Of Nashville And Davidson County, Tennessee; Comprehensive Annual Financial Report For The Year Ended June 30, 2020, Davidson County (Tenn.). Department Of Finance.

Tennessee County Audit Reports

No abstract provided.

Keefektifan Pelatihan Kontrol Diri Siswa Smp Melalui Permainan Cublak-Cublak Suweng, Fitri Widya Ningsih, Muslihati Muslihati, Nur Hidayah

Jurnal Pendidikan: Teori, Penelitian, dan Pengembangan

Self-control helps junior high school students behave positively towards themselves and others. This study aims to test the effectiveness of the use of local wisdom in the cublak-cublak suweng game to the junior high school student self-control training. The research subjects were 8 junior high school students in Malang City using one group pretest-posttest design. Measurements used the Self-Control Scale and were analyzed by the Wilcoxon test and paired t-test. The results showed a significant difference in the improvement of junior high school students' self-control. Positive values of the cublak-cublak suweng game are internalized so that they can improve the …