Digital Commons Network^™

Management Of Intimate Partner Violence In Health Care Settings: A Training Manual For Health Care Providers, Division Of Reproductive And Maternal Health

Reproductive Health

Intimate partner violence (IPV) is any behavior by an intimate partner that causes physical, sexual, or psychological harm. In healthcare settings where providers are well trained, caring, and sensitive, most survivors respond positively to being asked about their exposure to violence. Healthcare providers are in a unique position to identify survivors and offer appropriate management and referrals. The World Health organization developed clinical guidelines to provide evidence-based guidance to healthcare providers on the identification and appropriate response to IPV and sexual violence. Based on this guidance, the Ministry of Health developed a comprehensive training manual to empower healthcare providers with …

The Problem With Assumptions: Revisiting “The Dark Figure Of Sexual Recidivism”, Tamara Rice Lave, Jj Prescott, Grady Bridges

Articles

What is the actual rate of sexual recidivism given the well‐ known fact that many crimes go unreported? This is a difficult and important problem, and in “The dark figure of sexual recidivism,” Nicholas Scurich and Richard S. John (2019) attempt to make progress on it by “estimat[ing] actual recidivism rates . . . given observed rates of reoffending” (p. 171). In this article, we show that the math in their probabilistic model is flawed, but more importantly, we demonstrate that their conclusions follow ineluctably from their empirical assumptions and the unrepresentative empirical research they cite to benchmark their calculations. …

Selective Justice: A Crisis Of Missing And Murdered Alaska Native Women, Megan Mallonee

Alaska Law Review

Across the country, Indigenous women are murdered more than any other population and go missing at disproportionate rates. This crisis of missing and murdered Indigenous women is amplified in Alaska, where the vast landscape, a confusing jurisdictional scheme, and a history of systemic racism all create significant barriers to justice for Alaska Native women. This Note examines the roots of the crisis and calls for a holistic response that acknowledges the role of colonialism, Indigenous genocide, and governmental failures. While this Note focuses on the epidemic of violence against Alaska Native women in particular, it seeks to provide solutions that …

Too Young For The Crime, Yet Old Enough To Do Life: A Critical Review Of How State Felony Murder Laws Apply To Juvenile Defendants, Stuti S. Kokkalera, Beck M. Strah, Anya Bornstein

Journal of Criminal Justice and Law

The felony murder rule applies when a killing occurs during the commission of a felony offense. Youth under the age of 18 years can be charged with felony murder even if they did not commit the killing or intend the death of the victim, and subsequently sentenced to an adult maximum sentence, including life in prison. This study examines how states enable lengthy sentencing terms for their juvenile defendants charged with felony murder. By reviewing felony murder provisions and state appellate court decisions in all fifty states and the District of Columbia, we identify how juveniles who did not commit …

Using Experimental Realism To Reevaluate Factors Related To Eyewitness Identification, Victoria Beck, Chris Rose

Journal of Criminal Justice and Law

There is a wealth of research on eyewitness accuracy dating back to the early 1900s, which has identified a variety of factors influencing eyewitness misinformation and misidentifications. However, this body of research has primarily utilized laboratory designs that do not reflect the reality of an eyewitness experiencing a criminal event. The current study expands research in this area by uniquely utilizing experiential realism (a staged theft in real time) to reevaluate some of the known factors related to eyewitness misidentification. After viewing a staged theft, study participants were randomly assigned to experimental conditions, and their ability to accurately identify the …

Front Matter

Hofstra Law Review

No abstract provided.

Debt To Society: The Role Of Fines & Fees Reform In Dismantling The Carceral State, Wesley Dozier, Daniel Kiel

University of Michigan Journal of Law Reform

Fines and fees that result from contact with the criminal legal system serve as a suffocating debt for those against whom they are assessed. Many states have countless laws that require taxes, fines, and fees to be assessed against individuals involved in the criminal legal system at various stages of the criminal legal process, and they have the effect of permanently trapping individuals within the system. In Tennessee, for example, these debts, which can accumulate to over $10,000 in a single criminal case, stand in the way of individuals getting their criminal records expunged, keeping valid driver’s licenses, and restoring …

How The Rational Basis Test Protects Policing For Profit, William R. Maurer

University of Michigan Journal of Law Reform

Since the police shooting of Michael Brown in 2014 and the civil unrest that followed, numerous lawsuits have challenged laws that use the government’s ability to impose fines and fees for reasons other than the protection of the public. These challenges have usually raised equal protection challenges to these laws—that is, that the laws punish the poor more harshly than others. The challenges have been unsuccessful, largely because courts examine these laws using “rational basis review,” a standard that is highly deferential to the government and one in which the courts themselves are often required to actively advocate for the …

2021-June-01-Going Places, University Marketing And Communication, East Tennessee State University

ETSU News

ETSU welcomes the following individuals who recently joined the university community:

Latoya Anderson is a family-focused solutions counselor in the Center for Community Outreach. Before coming to ETSU, she was an outreach admission counselor with Job Corps. She holds a master’s degree in counseling from Capella University.

Mark Bialkoski is an assistant men’s basketball coach in Intercollegiate Athletics after serving as director of operations at the University of Maryland. He holds a bachelor’s degree from Georgia Southern University.

Lucas Campbell is director of basketball operations for men’s basketball in Intercollegiate Athletics. He was previously a graduate assistant at the University …

Impact Of Cultural Competence Professional Development On The Suspension Referrals Of Minority Students, Philip Bonar

Doctoral Dissertations and Projects

Racial disparity in discipline practices is a concern in public schools across the United States. Racial disparities in exclusionary discipline practices (EDP), such as in-school and out-of-school suspensions of minority students, have been well documented. The purpose of this causal-comparative quantitative study was to examine if a relationship exists between cultural competence (CC) professional development training of faculty (administrators and professional teachers) and the suspension referral counts of Latinx and African American students in an affluent, award-winning public school system in a Mid-Atlantic state. Discipline referral data was collected from the Office of Planning and Evaluation to run a Mann-Whitney …

Criminal Thinking Styles And Criminal Social Identity Among Juvenile Delinquents: Moderating Role Of Parenting Styles, Fatima Sana, Muhammad Rafiq, Muhammad Nasar Iqbal

Pakistan Journal of Neurological Sciences (PJNS)

Parenting is considered imperative in the development of juvenile's cognitions, and beliefs. The parent-child relationship might significantly influence juvenile’s thought patterns and social communications. Different parenting styles perhaps indicate criminal involvement of juveniles, resultantly turns them into delinquent. The present study was done to discover whether parental authority styles moderate the path that links criminal thinking styles to criminal social identity amongst juvenile delinquents. Participants of the study were 211 juvenile delinquents who responded on Juvenile Criminal Thinking Styles’ Inventory (Sana & Rafiq, 2019), Measure of Criminal Social Identity (Boduszek, et al., 2012), Parental Authority Questionnaire (Babree, 1997) and approached …

Compilation Of Mentoring Programs In San Diego And Imperial Counties, Nohelia Ramos, Caitlyn Lauchner, Andrew Blum

Kroc IPJ Research and Resources

This document compiles information on mentoring programs in San Diego and Imperial Counties. The goal is to provide a clear picture what mentoring programs are being implemented and to give basic information about those programs as of June 2021.

The purpose of the document is three-fold. First, as a deliverable under the Project Safe Neighborhoods initiative (PSN), it is designed to provide basic information to the US Attorney’s Office and others involved in the PSN on the range of mentoring programs that exist. Mentoring programs have proven to be an effective program strategy for producing a range of positive youth …

Tennessee State Plan On Aging, Oct. 1, 2021-Sept. 30, 2025, Tennessee. Commission On Aging & Disability.

Department of Disability & Aging

No abstract provided.

Tennessee Felon Population Update, June 2021, Tennessee. Department Of Correction.

Felon Population Reports

No abstract provided.

Legal Support For Victim Compensation Funds For Police Violence Victims, Valena E. Beety

Nevada Law Journal

‘Opposing crime victim compensation is rather like attempting to put together forceful and compelling arguments against compassion, mercy, and decency.’—Daniel McGillis & Patricia Smith, Nat’l Inst. of Justice, Compensating Victims of Crime: An Analysis of American Programs (1983)

Race And Gender And Policing, Stewart Chang, Frank Rudy Cooper, Addie C. Rolnick

Nevada Law Journal

No abstract provided.

The Elusiveness Of Self-Defense For The Black Transgender Community, Shawn E. Fields

Nevada Law Journal

No abstract provided.

Sovereignty Threat: Loreal Tsingine, Policing, And The Intersectionality Of Indigenous Death, Theresa Rocha Beardall

Nevada Law Journal

In March 2016, Loreal Tsingine, a twenty-seven-year-old Diné mother living in Winslow, Arizona, was killed by Officer Austin Shipley. After two investigations insinuated that Shipley was justified in using fatal force to take Ms. Tsingine’s life, the Navajo Nation filed two suits in federal court: one against the city claiming that the Winslow Police Department was negligent in training, hiring, and supervising Shipley and another against the Justice Department for failing to act upon this violation of civil and constitutional rights. Despite national awareness that police violence is a persistent social problem, Ms. Tsingine’s story, the stories of many other …

Web Of Incarceration: School-Based Probation, Jyoti Nanda

Nevada Law Journal

Close to three quarters of a million cases flow through the United States’ juvenile justice system annually. Juvenile probation is the most commonly utilized form of sentencing, yet juvenile probation has not been the focus of sustained research or analysis. This Article focuses on School-Based Probation, a type of juvenile probation program that was created to enroll youth before a criminal charge has been filed. Described by its proponents as a ‘voluntarily probation’ program, pre-delinquent, or ‘at-risk,’ youth are identified by on-site school probation officers and enrolled in a supervised program. Deemed to be problematic by many jurisdictions, this Article …

The Air We All Breathe: Internet Bans In Probation Conditions— Dalton V. State, Kristen M. Renberg, Angela Sbano

Alaska Law Review

In today’s world, the Internet is synonymous with opportunity. Recently, the Supreme Court has even recognized a First Amendment right to access the Internet. However, it is still common practice to assign the special conditions of Internet bans or restrictions for individuals on parole or supervised release. Courts have split on how to strike a balance between the goal of deterrence and protection of an individual’s rights. The Court of Appeals of Alaska weighed into this ongoing debate in Dalton v. State, by holding that a restriction requiring prior approval from a parole officer before any and all Internet use …

Meaningless Or Mandatory?: Automatic Probation's Revival And The Rule Of Lenity's Fall In Chinuhuk V. State, Kate Goldberg, Macklin Willigan

Alaska Law Review

Alaska’s common-law probation system requires that the period of supervision imposed is accompanied by a suspended term of imprisonment. Violation of probation conditions may trigger this suspended term, sending the probationer to prison. Should the probationer complete the entire suspended sentence, he or she is then usually eligible for discharge from probation. In Chinuhuk v. State, the Alaska Supreme Court held that the state legislature had abrogated this traditional scheme with respect to felony sex offenders, replacing it with one that allowed probation to continue although the offenders had completed their suspended terms of imprisonment. This Comment argues that in …

Teaching Law And Artificial Intelligence, Brendan Johnson, Francis X. Shen

Minnesota Journal of Law, Science & Technology

No abstract provided.

Challenging Domestic Injustice Through International Human Rights Advocacy: Addressing Homelessness In The United States, Eric Tars, Tamar Ezer, Melanie Ng, David Stuzin, Conor Arevalo

Cardozo Law Review

This Article explores how international human rights norms and procedures can serve as a powerful tool in addressing injustice in the United States context, using work addressing the criminalization of homelessness as a case study. Moreover, it explores how civil and political rights and negative obligations by the government can serve as an entry point for asserting a more robust understanding of rights that includes social and economic rights and affirmative obligations by government. The Article documents and analyzes original work led by the National Homelessness Law Center and other pioneering advocates, reflecting on lessons learned and next steps to …

Judicial Application Of Strict Liability Local Ordinances, Brenner Fissell, Guyora Binder

Faculty Publications

No abstract provided.

The Building Blocks Of Legal Correspondence, Mary Ann Robinson

Faculty Publications

No abstract provided.

Changes In The Black-White Sentencing Gap After United States V. Booker, 2008-17, Shuhao Zhang

Student Theses

The Black-White sentencing gap, as defined by the differences between the average sentences received by Black defendants and those by White defendants, is an under- research area. In the federal court, after United States v. Booker, this gap has decreased from 25 months in 2008-2010 to 0 in 2016-2107. By using Oaxaca decomposition, I find that the differences in criminal history, offense levels, and pretrial detention status between Black and White defendants are the main source of the gap. The unexplained portion of the gap, resulting from judges finding Black defendants more culpable to their offenses and thus imposing harsher …

Quantitative And Qualitative Assessment Of Interrogation Expectations, Shereen R. Lewis

Student Theses

Interrogation expectations (IE) is a construct that suggests expectations of custodial interrogations affect suspects’ Miranda waiver decisions while under interrogation. Prior research has examined IE quantitatively but there has been no prior research examining IE qualitatively. This current research conducted both a quantitative and qualitative analysis of IE using a sample of 335 participants from the United States. This research took the form of an online survey using Prolific (www.prolific.co) to recruit participants, Qualtrics (www.qualtrics.com) to record data, and SPSS and Nvivo to analyze quantitative qualitative data. It was hypothesized that substantial individual variation in IE will be found in …

Relationship Between Race, United States Nativity, Perceived Discrimination, And Acculturation Stress, Simone N. Henderson

Student Theses

Acculturation has been defined as “changes that take place as a result of contact with culturally dissimilar people, groups, and social influences” (Gibson, 2001). This experience can cause stress for those experiencing it, especially when the individual is having a hard time adjusting to a new culture (Kim, 2019). One’s nativity, a person’s native-born status in their environment, and racial/ethnic group can also contribute to their experience of acculturation due to personal differences that these demographic variables create (Bondy et al., 2017; Hall & Carter, 2006). Studying race, nativity, perceived discrimination, and acculturation are essential for understanding the experiences of …

“More Than Tangential”: When Does The Public Have A Right To Access Judicial Records?, Jordan Elias

Journal of Law and Policy

 Public accountability requires open proceedings and access to documents filed with the courts. The strong policy favoring access to judicial records creates a presumption against sealing documents without a compelling reason.  The Ninth Circuit Court of Appeals recently held that this presumption of access arises when a proceeding relates “more than tangentially” to the merits. This is a low standard under which many types of motions qualify for the compelling reasons test.  With too much litigation occurring in secret, courts can use the “more than tangential” standard proactively to keep electronic case dockets available to citizens.

Handling Aggravating Facts After Blakely: Findings From Five Presumptive Guidelines States, Nancy J. King

Vanderbilt Law School Faculty Publications

This Article reveals how five states with presumptive (binding) sentencing guidelines have implemented the right announced in Blakely v. Washington to a jury finding of aggravating facts allowing upward departures from the presumptive range. Using data provided by the sentencing commissions and courts in Kansas, Minnesota, North Carolina, Oregon, and Washington, as well as information from more than 2,200 docket sheets, the study discloses how upward departures are used in plea bargaining, sometimes undercutting policy goals; how often aggravating facts are tried and by whom; common types of aggravating facts; and the remarkably different, sometimes controversial interpretations of Blakely and …