Digital Commons Network^™

Local Offenses, Brenner M. Fissell

Hofstra Law Faculty Scholarship

Criminal law is generally thought to exist within two jurisdictional levels: federal and state. Neglected in the legal mind, and in legal scholarship, is the vast body of criminal law promulgated by local governments. While one should ask “what” is being criminalized by cities, towns, and villages, one should also ask “how” these offenses are written. The offense drafting practices reflected in state criminal law have been extensively studied, but this has never been attempted for local offenses. This Article undertakes that task. After surveying a large number of local criminal codes, the Article concludes that local offenses routinely fail …

The Cynical Successes Of The Guantánamo Bay Military Commissions, G. Alex Sinha

Hofstra Law Faculty Scholarship

Since they were first authorized in the weeks after the 9/11 attacks, the Guantanamo Bay Military Commissions--special military tribunals for the trial of certain terror suspects--have generated eight minor convictions at a cost of over one billion dollars. Nearly half of the convictions have been vacated on appeal. The three ongoing contested cases, including the case against those accused of complicity in the 9/11 attacks, remain mired in pretrial proceedings. The biggest storylines emanating from the commissions do not concern convictions, but rather government surveillance of the defense teams and the compelled recusal of judges for the appearance of partiality …

Empathy And Worthiness: The Modern Victims' Rights Movement And The Growth Of Mass Incarceration, Samantha Dresner

Scripps Senior Theses

The Victims' Rights Movement emerged in the 1970s and 1980s, at the same time as the War on Drugs and War on Crime were driving mass incarceration at unprecedented levels. This paper examines the historical roots of the victims' rights movement and its evolution from grassroots organizing into a tool of state power. It interrogates the meaning of "worthy" victims, and looks into the landmark Supreme Court case Payne v. Tennessee as an example of victim impact evidence being used to support the state project of the death penalty.

Welcome To The Party: Creating A Responsible Third-Party Litigation Finance Industry To Increase Access And Options For Plaintiffs, Christopher Mendez

MC Law Review

No abstract provided.

The Mortality After Release From Incarceration Consortium (Maric): Protocol For A Multi-National, Individual Participant Data Meta-Analysis, Rohan Borschmann, Holly Tibble, Matthew J. Spittal, David Preen, Jane Pirkis, Sarah Larney, David L. Rosen, Jesse T. Young, Alexander D. Love, Frederick L. Altice, Ingrid A. Binswanger, Anne Bukten, Tony Butler, Zheng Chang, Chuan-Yu Chen, Thomas Clausen, Peer Brehm Christensen, Gabriel J. Culbert, Louisa Degenhardt, Anja J. E. Dirkzwager, Kate Dolan, Seena Fazel, Colin Fischbacher, Margaret Giles, Lesley Graham, David Harding, Yen-Fang Huang, Florence Huber, Azar Karaminia

Research outputs 2014 to 2021

Introduction More than 30 million adults are released from incarceration globally each year. Many experience complex physical and mental health problems, and are at markedly increased risk of preventable mortality. Despite this, evidence regarding the global epidemiology of mortality following release from incarceration is insufficient to inform the development of targeted, evidence-based responses. Many previous studies have suffered from inadequate power and poor precision, and even large studies have limited capacity to disaggregate data by specific causes of death, sub-populations or time since release to answer questions of clinical and public health relevance. Objectives To comprehensively document the incidence, timing, …

Global Crime: An Encyclopedia Of Cyber Theft, Weapons Sales, And Other Illegal Activities By Philip L. Reichel, Abc-Clio, 2019 (Book Review), Robert Tench

Libraries Faculty & Staff Publications

No abstract provided.

Through The Wires Of Connection: The Role Of Empowered To Connect Parent Education In Trauma-Informed Parenting And Parent-Child Relationships, Nicole West

Electronic Theses and Dissertations Archive

This repeated measure design evaluates the effectiveness of the trauma-informed parent education course known as Empowered to Connect. This research used a quantitative method to investigate whether caregivers who are exposed to trauma-informed material improve their trauma-informed parenting skills and their parent-child relationship with their biological, foster, adoptive, and/or kinship children. Trauma-informed parenting is defined as a caregivers understanding of the impact of trauma on development and his or her ability to parent a child who has experienced a disruption in attachment and connection. A One-Way Repeated Measures Analysis of Variance (ANOVA), descriptive statistics, and a Wilcoxon Signed-Rank Test were …

The Impact Of Parenthood On Substance Use Disorder Treatment Participation And Motivation Of Incarcerated Offenders, Shelly L. Wilkerson

Electronic Theses and Dissertations Archive

The United States has more people in prison than any other country in the world. While many of these prisons offer treatment groups designed to rehabilitate inmates, it is unknown at what rate individuals participate in these groups and what their motivation is for involvement. This study investigated the impact of parenthood on substance use disorder treatment participation and motivation of incarcerated males and females. Descriptive statistics and chi square tests of independence were used to examine differences in participation rates and motivation of incarcerated parents and non-parents and incarcerated male and female parents. The study showed statistically significant results …

Counselor Trainee Empathy, Exposure And Attitudes Towards Offenders With Mental Illness, Frances I. Ellmo

Electronic Theses and Dissertations Archive

There is a large and growing population of individuals within the United States Criminal Justice system suffering from both diagnosed and undiagnosed mental health issues. The stigma associated with their offender status and mental illness can prevent sufficient quality of mental health services from being provided to this population. Even individuals that work closely with offenders have been shown to exhibit negative perceptions of offenders with mental illness and little research exists in this area related to counselors. Further, the offender population is one that requires specialized training and consideration and it is unclear how much training or exposure counselors …

Evaluating The Need For A Gender Specific Risk Assessment For Female Intimate Partner Violence Offenders, Amanda Leigh Russell

Electronic Theses and Dissertations Archive

AbstractRisk assessments are considered to be best practice in many states for assisting in sentencing decisions, bail conditions, and probation/parole requirements for intimate partner violence (IPV) offenders. However, most risk assessment tools that are currently being used were created using research on risk factors for recidivism in male IPV offenders. This is problematic given the percentage of females arrested for IPV-related crimes has increased substantially over the past decade. The purpose of this study was to examine the efficacy of a risk assessment tool developed for use specifically for female IPV offenders in predicting recidivism in comparison to a risk …

An Examination Of Probation Officer Attitudes Towards Juvenile And Adult Offenders With Mental Illness, Michael Stephen Skirius

Electronic Theses and Dissertations Archive

This cross-sectional survey examines probation officers attitudes towards offenders with mental illness (OMI) using demographic data and the Community Attitudes Toward the Mentally Ill (CAMI) scale, following community demonstrations for systemic criminal justice reforms in 2020. Results indicate officers exhibit elevated attitudes of Benevolence and Community Mental Health Ideology towards OMI, which indicates fewer stigmatizing beliefs towards OMI than previous research. Implications for practice and future research are discussed.

The Distraction That Is Stand Your Ground, Katryna Santa Cruz

FIU Law Review

No abstract provided.

Drug Users’ Experiences Of A Residential Rehabilitation Program In Western Australia: A Thematic Analysis Of Drug Users Lived Experiences, Michelle Fullam

Theses: Doctorates and Masters

In the last decade, there has been a marked increase in the awareness of drug use and drug-related crime in Australia. As a result, the demand for drug treatment services has increased and 14 recognised government-funded services are now available in Western Australia (WA). The goal of these services is to reduce drug use through full-time intensive programs that are usually residential. This type of drug treatment has been shown to be effective in reducing drug use and promoting pro-social lives post-treatment. However, little is known of the experiences of participants in this type of treatment in WA. As such, …

Understanding Violent-Crime Recidivism, J. J. Prescott, Benjamin David Pyle, Sonja B. Starr

Faculty Scholarship

People convicted of violent crimes constitute a majority of the imprisoned population but are generally ignored by existing policies aimed at reducing mass incarceration. Serious efforts to shrink the large footprint of the prison system will need to recognize this fact. This point is especially pressing at the time of this writing, as states and the federal system consider large-scale prison releases motivated by the COVID-19 pandemic. Those convicted of violent crimes constitute a large majority of older prisoners, who are extremely vulnerable to the spread of the virus behind bars. Excluding them from protective measures will deeply undermine those …

Trauma Informed Behaviour Support: A Practical Guide To Developing Resilient Learners, Kay Ayre, Govind Krishnamoorthy

Research outputs 2014 to 2021

Trauma Informed Behaviour Support provides teachers and education leaders with a differentiated and inclusive behaviour management approach where children and staff thrive. Drawing on contemproary research on developmental trauma and neuroscience, the book offers educators a practical guide to supporting the development of academic and social-emotional skills in the school context.

Sexual Grooming As An Offence In Singapore, S. Chandra Mohan, Yingqi Lee

Research Collection Yong Pung How School Of Law

The offence of sexual grooming of a minor under 16 was introduced in the Singapore Penal Code (Cap 224, 2008 Rev Ed) in 2007. It was designed to protect the growing number of young Internet users from adult sex predators prowling the online platforms. However, there have been very few reported cases of sexual grooming under s 376E of the Penal Code and a noticeable dearth of any local legal comment on this provision. Until the review by the Penal Code Review Committee in 2018 and the consequent legislative changes in May 2019, the offence of sexual grooming has not …

The Experiences Of Western Australian Muslims Within The Current Political And Social Environment, John Lehane

Theses: Doctorates and Masters

The purpose of this research was to examine the experiences of Western Australian (WA) Muslims, within the context of the current Australian political and social climate, with a key focus on how political and social factors, and the vast introduction of Australian antiterrorism legislation, may impact them. Also explored in this inquiry, was how mainstream media and their regular portrayal of Islamic-inspired terrorist attacks, which has at times connected all Muslims to these atrocities, is creating a social division within the Australian community which is difficult to overcome.

A generic qualitative methodology was utilised to best capture the lived experiences …

Changes In Student Attitudes And Beliefs After Sbirt Training, Jennifer Todd

All-Inclusive List of Electronic Theses and Dissertations

Substance use and abuse is a widespread issue and has resulted in the need for professionals to research and develop prevention efforts and interventions from a community based, public health approach. Those who are providing addictions related training in these settings often have limited time and resources with which to provide efficient and effective training. Information related to the impact of training with specific disciplines, such as social work, nursing, and physician assistant, is also needed in order to more effectively alter the approach based on those receiving the training. The purpose of this study was to evaluate factors that …

Screening Gender Minority People For Harmful Alcohol Use, Annesa Flentje, Branden T. Barger, Matthew R. Capriotti, Micah E. Lubensky, Matthew Tierney, Juno Obedin-Maliver, Mitchell R. Lunn

Faculty Research, Scholarly, and Creative Activity

This study identifies how to screen for harmful alcohol use among gender minority (e.g., transgender and gender-expansive) people using brief screening methods and identifies which screening methods perform best among gender-expansive, transfeminine, and transmasculine subgroups, as screening recommendations are not currently available. Using 2018 Annual Questionnaire data from The PRIDE Study, area under the curve (AUC) values were compared to identify which screening methods (“4 or more” or “5 or more” drinks on one occasion in the past year, or one or more items from the Alcohol Use Disorders Identification Test [AUDIT]) best predicted (i) harmful alcohol use and (ii) …

Innovation Institutions And The Opioid Crisis, Daniel J. Hemel, Lisa Larrimore Ouellette

Coase-Sandor Institute for Law & Economics Research Paper Series

The United States has recently—and belatedly—come to recognize opioid addiction as a public health crisis. What has gone mostly unrecognized is the degree to which this crisis is intertwined with U.S. intellectual property law and related elements of U.S. innovation policy. Innovation institutions—the legal arrangements that structure incentives for production and allocation of knowledge goods—encouraged the development and commercialization of addictive painkillers, restricted access to opioid antidotes, and (perhaps most importantly) failed to facilitate investments in alternative, non-addictive treatments for chronic pain. Although innovation policy does not bear all the blame for the opioid wave that has washed over communities …

The Growth And Need For Veterans Treatment Courts, Chad Lennon

Touro Law Review

No abstract provided.

Screening For Unhealthy Drug Use: Updated Evidence Report And Systematic Review For The Us Preventive Services Task Force, Carrie D. Patnode, Leslie A. Perdue, Megan Rushkin, Tracy Dana, Ian Blazina, Christina Bougatsos, Sara Grusing, Elizabeth A. O'Connor, Rongwei Fu, Roger Chou

OHSU-PSU School of Public Health Faculty Publications and Presentations

IMPORTANCE

Illicit drug use is among the most common causes of preventable morbidity and mortality in the US.

OBJECTIVE

To systematically review the literature on screening and interventions for drug use to inform the US Preventive Services Task Force.

DATA SOURCES MEDLINE, PubMed, PsycINFO, Embase, and Cochrane Central Register of Controlled Trials through September 18, 2018; literature surveillance through September 21, 2019. STUDY SELECTION Test accuracy studies to detect drug misuse and randomized clinical trials of screening and interventions to reduce drug use. DATA EXTRACTION AND SYNTHESIS Critical appraisal and data abstraction by 2 reviewers and random-effects meta-analyses. MAIN OUTCOMES …

The Bar Exam And The Covid-19 Pandemic: The Need For Immediate Action, Patricia E. Salkin, Eileen Kaufman, Claudia Angelos, Sara J. Berman, Mary Lu Bilek, Carol L. Chomsky, Andrea A. Curcio, Marsha Griggs, Joan W. Howarth, Deborah Jones Merritt, Judith Welch Wegner

Scholarly Works

The novel coronavirus COVID-19 has profoundly disrupted life in the United States. Schools and universities have closed throughout much of the country. Businesses have shuttered, and employees are working from home whenever possible. Cities and states are announcing lockdowns in which citizens may leave their homes only for vital errands or exercise.

Medical experts advise that at least some of these restraints will continue for 18 months or more—until a vaccine is developed, tested, and administered widely. It is possible that localities will be able to lift some of these restrictions (such as lockdowns and school closures) intermittently during those …

Diploma Privilege And The Constitution, Patricia E. Salkin, Claudia Angelos, Sara J. Berman, Mary Lu Bilek, Carol L. Chomsky, Marsha Griggs, Joan W. Howarth, Eileen Kaufman, Deborah Jones Meritt, Judith Wegner, Andrea Curcio

Scholarly Works

The COVID-19 pandemic and resulting shutdowns are affecting every aspect of society. The legal profession and the justice system have been profoundly disrupted at precisely the time when there is an unprecedented need for legal services to deal with a host of legal issues generated by the pandemic, including disaster relief, health law, insurance, labor law, criminal justice, domestic violence, and civil rights. The need for lawyers to address these issues is great but the prospect of licensing new lawyers is challenging due to the serious health consequences of administering the bar examination during the pandemic.

State Supreme Courts are …

Core Criminal Procedure, Steven Arrigg Koh

Faculty Scholarship

Constitutional criminal procedural rights are familiar to contemporary criminal law scholars and practitioners alike. But today, U.S. criminal justice may diverge substantially from its centuries-old framework when all three branches recognize only a core set of inviolable rights, implicitly or explicitly discarding others. This criminal procedural line drawing takes place when the U.S. criminal justice system engages in law enforcement cooperation with foreign criminal justice systems in order to advance criminal cases.

This Article describes the two forms of this criminal procedural line drawing. The first is a “core criminal procedure” approach, rooted in fundamental rights, that arises in the …

Is Medicare For All The Answer? Assessing The Health Reform Gestalt As The Aca Turns 10, Nicole Huberfeld

Faculty Scholarship

As presidential candidates debate health reform, the expression “Medicare for All” (“M4A”) is on repeat, yet few appear to understand precisely what Medicare is or what M4A would mean. Even more striking is that Americans are vigorously debating health reform when the ACA – President Obama’s signature legislation and a health reform effort on a scale not seen in decades – turns 10 on March 23.

The ACA pioneered universal coverage, but it also ratcheted up health care complexity by building new scaffolding around an old foundation. This fragmented landscape has been exacerbated by a crazy quilt of implementation crafted …

The Automated Administrative State: A Crisis Of Legitimacy, Danielle K. Citron, Ryan Calo

Faculty Scholarship

The legitimacy of the administrative state is premised on our faith in agency expertise. Despite their extra-constitutional structure, administrative agencies have been on firm footing for a long time in reverence to their critical role in governing a complex, evolving society. They are delegated enormous power because they respond expertly and nimbly to evolving conditions.

In recent decades, state and federal agencies have embraced a novel mode of operation: automation. Agencies rely more and more on software and algorithms in carrying out their delegated responsibilities. The automated administrative state, however, is demonstrably riddled with concerns. Legal challenges regarding the denial …

The Meaning Of Life: A Study Of The Use Of Parole Ineligibility For Murder Sentencing, Isabel Grant, Crystal Choi, Debra Parkes

All Faculty Publications

A number of legal developments in recent years suggest that murder sentencing may be becoming increasingly punitive. This study examines two aspects of setting parole ineligibility. First, using cases from three two-year time periods spanning the past three decades, the authors explore whether judicial calculations of parole ineligibility for second degree murder have changed over time. Second, the authors examine changes enacted in 2011 to allow parole ineligibility to be imposed consecutively for those who commit more than one murder. The study finds a national trend towards reduced reliance on the minimum 10-year period of parole ineligibility, a slight increase …

Application Of High Performance Training Strategies To Enhance Occupational Readiness In Law Enforcement Cadets, Gabriel Jose Martinez

Theses and Dissertations--Kinesiology and Health Promotion

Law enforcement requires cadets to achieve a requisite level of physical fitness to prepare for occupational demands. However, there is limited research on the effectiveness of academy exercise programs to optimize physical fitness and occupational physical ability through high performance training strategies more typically utilized in elite athletic populations. Furthermore, there is a paucity of research identifying physical fitness correlates of occupational performance. Collectively, this information will provide academies and practitioners with critical information to develop evidence-based training programs. Therefore, the purposes of this study were to: Aim 1) Examine the effectiveness of integrating autoregulatory progressive resistance exercise (APRE) and …

Addressing Sexual Assault: How Architectural Design Can Promote Life Long Healing, Diana Heliotis

Theses

The Trauma of any origin can forever alter the way individuals live their everyday lives. Relationships with people, places, and the self are compromised and may never fully heal. Generally, Post-traumatic Stress Disorder is a globally accepted condition, with many great strides being made to provide centers of continual healing to those who suffer from it. The two most common demographics that are clinically diagnosed with PTSD are military Veterans and survivors of sexual assault. Where there is a lot of research and active development towards establishing treatments in combination with spacial and architectural design for Veterans, there is virtually …