Digital Commons Network^™

“I Did It, But . . . I Didn’T”: When Rejected Affirmative Defenses Produce Wrongful Convictions, James R. Acker, Sishi Wu

Nebraska Law Review

I. Introduction

II. Wrongful Convictions and Failed Affirmative Defenses

III. When Rejected Affirmative Defenses Produce Wrongful Convictions: Case Studies ... A. Exonerations in the Wake of Rejected Justification Defenses ... B. Exonerations in the Wake of Rejected Excuse Defenses

IV. What Went Wrong? Sources of Error in Failed Affirmative Defense Exoneration Cases ... A. Failed Self-Defense ... B. Failed Excuse Defenses

V. Compensation for Wrongful Conviction and Incarceration

VI. Conclusion

The Effects Of Positive Emotions On Eyewitness Memory, Brandy R. Hutton

EWU Masters Thesis Collection

The purpose of this study was to explore the effects of positive emotions on eyewitness memory. Though little research has been done investigating this question, it has serious implications within the criminal justice system, towards our understanding of emotions, and in creating a fuller comprehension of how memory works. The current study chose two distinct positive emotions and participants were randomly assigned to one of three emotion inductions (joy, gratitude, or neutral). Participants then watched a computer video of a minor crime and responded to questionnaires testing them on their recall accuracy of central and peripheral details of that crime. …

Adultery, Infidelity, And Consensual Non-Monogamy, Edward D. Stein

Articles

Thirty-eight states have laws in place that relate to adultery. Though criminal laws against adultery are not frequently enforced, the network of criminal laws, tort laws, and domestic relations laws related to adultery disincentivize extra-marital sex, an effect heightened by the stigma and other social attitudes associated with adultery. This Essay argues that the socio-legal state of affairs concerning adultery is bad for marriages (and similar relationships), bad for public health, and is simply bad public policy. This is in part because the law treats infidelity-having sex with someone other than your primary partner without his or her consent or …

Epidemiology And Criminology: Managing Youth Firearm Homicide Violence In Urban Areas, Joseph Anthony Mcmillan

Walden Dissertations and Doctoral Studies

Violence is considered a public health problem in the United States, yet little is known about the benefit of using a combined epidemiology and criminology (EpiCrim) approach to focus on urban youth gun violence. The purpose of this general qualitative study was to determine in what ways Akers and Lanier's EpiCrim approach in tandem with Benet's polarities of democracy approach is explanatory of gun homicides by youth in U.S. urban areas and if the Youth Risk Behavior Surveillance System adequately addresses gun abatement measures. Data were collected through semi structured interviews of 16 criminal justice practitioners and medical professionals with …

The American Lgbtq Rights Movement: An Introduction, Kyle Morgan, Meg Rodriguez

Textbooks and Manuals Series

The American LGBTQ Rights Movement: An Introduction is a peer-reviewed chronological survey of the LGBTQ fight for equal rights from the turn of the 20th century to the early 21st century. Illustrated with historical photographs, the book beautifully reveals the heroic people and key events that shaped the American LGBTQ rights movement. The book includes personal narratives to capture the lived experience from each era, as well as details of essential organizations, texts, and court cases that defined LGBTQ activism and advocacy.

Dedication To Jeffrey D. Jones, 1968–2020

Lewis & Clark Law Review

On the morning of December 25, Professor Jeffrey D. Jones passed away. Professor Jones was a pillar of the Lewis & Clark Law School community. Those of us lucky enough to have had a class with Professor Jones will tell you he was much more than a professor—he was a leader, a deep thinker, a mentor, a friend, and an ally. He taught us, he supported us, he inspired us, and we are deeply saddened by his passing. Professor Jones was a beacon of light extinguished far too soon, and his absence will be felt for many, many years to …

Discarded Loyalty: The Deportation Of Immigrant Veterans, Deenesh Sohoni, Yosselin Turcios

Lewis & Clark Law Review

The United States has a long history of using the foreign born to meet its mil- itary demands. For many immigrants, military service served both as a way to demonstrate loyalty to their adopted country, and to facilitate their naturali- zation process. However, over the past several decades an increasing number of foreign-born veterans have found themselves being deported, despite their honorable service, for having committed criminal acts. In many cases, these veterans were never given a chance to contest their deportations due to their status as non-citizens. This Article compares the deportation of non-citizen veterans today, with the failure …

Retribution As Ancient Artifact And Modern Malady, Molly J. Walker Wilson

Lewis & Clark Law Review

One of the oldest and most entrenched goals of punishment is retribution, which is the idea that inflicting pain on someone who has committed a wrong is a worthwhile goal, regardless of any other benefits or harms that may result. Retribution has been the justification for increasingly punitive policies in the United States, the effect of which has decimated communities of color, strapped taxpayers with huge associated costs, and increased crime rates. It is difficult to understand why we perpetuate harmful policies based on “just deserts” until we consider that the foundation of these policies is moral outrage—a powerful, automatic, …

The “Free Market” For Marijuana: A Sober, Clear-Eyed Analysis Of Marijuana Policy, H. Justin Pace

Lewis & Clark Law Review

Federal law prohibits the possession and sale of marijuana. At the same time, states are not only decriminalizing marijuana but also attempting to provide a regulatory apparatus for its sale. This has created a unique business environ- ment. In some ways, there is a true “free market” for marijuana in states that have legalized it—free, that is, of the legal and financial infrastructure avail- able to fully licit businesses in America.

Contracts may not be enforceable because they lack a legal purpose. Relief in bankruptcy court may not be available, either as a debtor or as a creditor. Use of …

Rule 43(A): Remote Witness Testimony And A Judiciary Resistant To Change, Christopher Fobes

Lewis & Clark Law Review

Technology has improved our lives in countless ways. In 1996, it made its way into our federal courtrooms and the Federal Rules of Civil Procedure when the Congress codified Rule 43(a). Rule 43(a) permits a witness to testify remotely via telephone or video transmission upon a showing of good cause. Despite this large step into the modern era, some courts are pressed to exclude a witness’s remote testimony because of Rule 43(a)’s burdensome good-cause standard and the risks implicated by such testimony. The judiciary has struggled to find cohesion in determining when remote witness testimony is permissible. This Note critiques …

Osgoode Syllabus Of Courses And Seminars: 2020 - 2021, Office Of Student Services

Syllabi

No abstract provided.

2020 Georgia Southern University Women's Soccer Roster, Georgia Southern University

Women's Soccer Records

• 2020 Women's Soccer Roster

2019-2020 Georgia Southern University Basketball Media Guide, Georgia Southern University

Men's Basketball Records

• Georgia Southern 2019-20 Men's Basketball Media Guide

Testing The Forensic Confirmation Bias : Do Jailhouse Informants Contaminate Evidentiary Independence?, Baylee D. Jenkins

Theses

Research has shown that primary confessions influence forensic evidence examinations such as handwriting evidence. Additionally, previous research on secondary confessions from jailhouse informants has indicated that primary and secondary confessions are equally influential in jury decision making. The current study investigated the relationship between jailhouse informant statements and perceptions of forensic evidence. Participants read a case summary depicting a bank robbery along with confession evidence either from the suspect or a jailhouse informant before examining handwriting evidence. Result indicated that reliable jailhouse informant statements led participants to fall prey to the forensic confirmation bias. Jailhouse informant reliability significantly impacted perceptions …

Schools For Profit Or Schools For Education? A Christian School Principal’S Perspectives, Michael A. Crosby

College of Graduate Studies: Theses & Dissertations

This dissertation is a series of speculative essays (Schubert, 1991) that address the forces of neoliberalism on schools today– both public and private. While there have been studies on the detrimental effects of high-stakes testing on public schools (e.g., Au, 2015; Giroux, 2014; Wacquant, 2000) as well as the associated harmful effects of school to prison pipeline (e.g., Saltman, 2016; Taubman, 2009), there remains little research associated with the damaging impacts of neoliberalism on Christian schools. Building upon the theoretical framework of critical pedagogy (e.g., Friere, 1970; Kincheloe, 2008; McLaren, 2015), I undertake a critical examination of neoliberalism’s calculated efforts …

Compliance With Police: Does The Interaction Of Race/Ethnicity And Sex Matter?, Claire L. Halliburton

College of Graduate Studies: Theses & Dissertations

The often controversial nature of police use of force continues to cast law enforcement in a negative light, increasing an already historically tense relationship between law enforcement and the communities they serve. As cases of police brutality continue to surface, the legitimacy of police personnel continues to decrease, but community member behaviors toward officers are infrequently explored. Questions about the influence of situational, legal, and officer/community member characteristics arise in an attempt to further explore how these factors influence community member compliance. Thus, this study aims to understand police-community relations more clearly, focusing on the effects, if any, that the …

An Evaluation Of Georgia Southern University Public Safety Department's Community Policing Program: A Residence Hall Partnership Program, Charles P. Bowen

College of Graduate Studies: Theses & Dissertations

The Residence Hall Partnership Program (R.H.P.P.) is the first major department wide community policing effort by the Georgia Southern police department. This study is an evaluation of that program’s first year of implementation. The evaluation process consists of a series of two mostly quantitative surveys of the residence hall students and officers of the Georgia Southern police department. The first survey was distributed at the beginning of the program during the Fall 2019 semester, the follow-up survey at the end of the Spring 2020 semester. The theories being examined are that community policing programs will improve student’s perceptions of police, …

Barriers And Access To Services For Female Victims Of Violence In The Dominican Republic, Catalina Hooper Armenteros

College of Graduate Studies: Theses & Dissertations

Violence against women has presented a challenge for those tasked with addressing crime and victimization. It is a complex phenomenon that exists between the private and public spheres of society affecting nearly all aspects of a victim’s life, as well as those close to them. The Dominican Republic began to address domestic and gender violence in the past few decades, and victim services have emerged in efforts to assist Dominican women and girls escaping abuse. This study reviews the existing literature regarding violence against women and girls, and service provision in global, regional, and national contexts, and analyzes qualitative data …

Perceived Credibility Of Child Sexual Abuse Reporting, Bridget Lashbaugh-Barney

College of Graduate Studies: Theses & Dissertations

Understanding factors that could influence attitudes and beliefs regarding child sexual abuse may inform efforts to educate clinicians, legal and medical personnel, and even the public on potential sources of bias and barriers to treatment and other service utilization, particularly in rural communities. The purpose of the current study was to experimentally investigate the impact of child accuser age and gender and participant rural status on ratings of perceived credibility of child sexual abuse allegations described in vignettes. With this study, I aimed to not only clarify and update previous findings on accuser age and gender, but also to expand …

Gradate Catalog, Georgia Southern University

Graduate Catalogs

No abstract provided.

Crime In Televised Presidential Campaign Ads: The Making Of Visual Metaphor, Lisa A. Kort-Butler

Department of Sociology: Faculty Publications

In televised campaign advertisements, political rhetoric potently combines with visual metaphors. Drawing on a digital library of presidential campaign ads from 1952 to 2016, the qualitative media analysis scrutinized how crime rhetoric became visual metaphor. Crime images were positioned and manipulated alongside other content to craft a story about crime and the candidates. Across all ads, two tactics emerged: depicting crime as a problem akin to other social ills – a dark stain; and posing crime as the sinister side to an otherwise vibrant society – a lurking shadow. Candidates were branded as janitors and sheriffs who could rally against …

Contextualizing The Covid-19 Era In Puerto Rico: Compounding Disasters And Parallel Pandemics, Catherine Garcia, Fernando I. Rivera, Marc A. Garcia, Giovani Burgos, María P. Aranda

Department of Sociology: Faculty Publications

Objectives: The COVID-19 outbreak has worsened the ongoing economic crisis in Puerto Rico by creating "parallel pandemics" that exacerbate socioeconomic and health inequalities experienced by its most vulnerable residents. Unfortunately, conditions on the island have been largely overlooked by national media outlets and the mainland U.S. population. Thus, this research report aims to draw attention to the disparate burden multiple and compounding disasters have on older island-dwelling Puerto Rican adults’ health and well-being.

Methods: We characterize the lived experiences of the older population in Puerto Rico by incorporating data from numerous sources and contextualizing the effects of compounding disasters, the …

Section 1983 Civil Liability Against Prison Officials And Dentists For Delaying Dental Care, Claire Nolasco, Michael S. Vaughn

Criminology and Criminal Justice Faculty Publications (Archived)

Many prisoners enter correctional facilities in the United States with little history of good dental hygiene and even less history of access to dentists. Thus, the incarceration experience presents opportunities for inmates to receive quality dental care, often for the first time. Dental care delivered by correctional dentists is complicated, however, by the array of serious dental conditions and difficult to treat dental problems in clinical settings. These conditions exist within a legal environment that mandates adequate dental care be provided to prisoners by the state. This article examines prisoners’ Section 1983 lawsuits, claiming that delays in the delivery of …

Redefining Our Understanding Of The Impact Of Firearm-Related Injury In The State Of Georgia: A White Paper By The Violence Prevention Task Force Of Iprce, Omar K. Danner Md, Lauren Hudak Md, Mph, Rana Bayakly Mph, Carol Koplan Md, Alexander Kelly, Sharon L. Nieb Phd, Msw, Sheryl L. Heron Md, Mph

Journal of the Georgia Public Health Association

Abstract: Background: Firearm-related injury is a crisis that afflicts vulnerable populations of all ages, ethnicities, races and gender. The purpose of this white paper is to delineate the impact of firearm-related violence on the health and well-being of citizens and communities across Georgia based on the available literature and data. The aim of this white paper is to examine and characterize the currently available data on the impact of firearm violence and injury from a statewide perspective, principally as it relates to the National Violent Death Reporting System (NVDRS) report for Georgia.

Materials and method: We performed a literature review …

A Threat Assessment Of Radicalized Extremist Right-Wing White Nationalist Subcultures In Canada: A Social Media Analysis, Dylon Groom

Theses and Dissertations (Comprehensive)

As literature and media findings suggest, right-wing extremism has been a growing threat to the security of Canada. This qualitative research study seeks to develop a better understanding of the way Canadian right-wing white nationalists develop online in order to aid future radicalization research. After the tragic attacks on September 11^th, 2001, radicalization research has largely been focused on Islamist extremism. By utilizing a conventional content analysis approach to the open-sourced white nationalist discussion forum, stormfront.org, this thesis bridges the gap between the understanding of Islamist extremism and right-wing white nationalists. Ten Canadian white nationalists active on the …

Rethinking The "Crisis" Of Indigenous Mass Imprisonment, Efrat Arbel

All Faculty Publications

In R v Gladue, the Supreme Court of Canada famously remarked that the incarceration of Indigenous people represents a “crisis.” Since Gladue’s release, the language of “crisis” has been used with frequency in Canadian legal discourse. In this article, I analyze how this language has shaped the broader legal under- standing of Indigenous mass imprisonment. My focus is not on speci c iterations or uses, but on the cumulative impact of the language of “crisis” over the last twenty years. I suggest that however well-meaning these representations may be, their cumulative impact is harmful. In the face of the relentless …

The Torch: Suffolk University College Of Arts & Sciences Honors Program Newsletter, No. 9, Summer 2020, College Of Arts & Sciences Honors Program

Torch Newsletter

No abstract provided.

The Effectiveness Of The Preventive System Approach Through The Lens Of Character Education: An Exploratory Case Study Of A Youth Delinquency Camp In South Korea, Mankeun Yoon

Doctoral Dissertations

Juvenile delinquency is deemed a worldwide issue. Despite efforts to remediate, it persists. This study employs a case study methodology to examine the principles, implementation, and perceived impact of a Salesian youth development approach, the Preventive System, on youth delinquency in a Salesian youth Center in South Korea. The study yields three main findings regarding the practice and the effects of the Preventive System. First, this study found that structural elements revealed in the facility, such as reason, religion, and loving-kindness, implemented through assistance and familiarity, were core to the practice. Second, the study revealed that more than through training, …

Easily Overstated: Estimating The Relationship Between State Justice Policy Environments And Falling Rates Of Youth Confinement, Douglas N. Evans, Gina Moreno, Kevin T. Wolff, Jeffrey A. Butts

Publications and Research

Researchers used state-level data on youth justice policies and practices to explore the association between state policy environments and recent changes in the use of residential placements for adjudicated youth (i.e., confinement). The study assigned a score to each of the 50 states based on the extent to which their youth justice policy environments could be considered "progressive" as opposed to punitive or regressive. Using data from the National Center for Juvenile Justice's compendium of justice system characteristics, "Juvenile Justice, Geography, Policy, Practice & Statistics" (JJGPS), the research team created an index that accounts for 16 policies that are more …

Viewpoint Symposium Introduction: #Metoo In Academia: Understanding And Addressing Pervasive Challanges, Maria J. D’Agostino, Nicole Elias

Publications and Research

No abstract provided.