Digital Commons Network^™

Thirteenth Amendment Litigation In The Immigration Detention Context, Jennifer Safstrom

Michigan Journal of Race and Law

This Article analyzes how the Thirteenth Amendment has been used to prevent forced labor practices in immigration detention. The Article assesses the effectiveness of Thirteenth Amendment litigation by dissecting cases where detainees have challenged the legality of labor requirements under the Trafficking Victims Protection Act. Given the expansion in immigration detention, the increasing privatization of detention, and the significant human rights implications of this issue, the arguments advanced in this Article are not only currently relevant but have the potential to shape ongoing dialogue on this subject.

Roadblocks Of Retribution: The Problems With Internationalized Criminal Tribunals As A Mechanism For Reconciliation, Elizabeth Anne Weinman

Senior Theses

Since their inception, scholars have questioned the efficacy of internationalized criminal tribunals, or ICTs. ICTs are a tool for the international community to deal with and punish perpetrators of atrocities. More recent ad hoc (or ‘as needed’) tribunals, such as the International Criminal Tribunal for the former Yugoslavia (ICTY) and the Special Court for Sierra Leone (SCSL) also stated goals beyond the retributive justice of punishment; they sought to promote reconciliation. I examined why these courts were ultimately unable to promote reconciliation. Through an analysis of the histories, formation, and implementation of the ICTY and SCSL, I found that these …

Whose Rights Matter More—Police Privacy Or A Defendant’S Right To A Fair Trial?, Laurie L. Levenson

Loyola of Los Angeles Law Review

The function of the prosecutor under the federal Constitution is not to tack as many skins of victims as possible to the wall. His function is to vindicate the right of the people as expressed in the laws and give those accused of crime a fair trial.

– William O. Douglas

Majestic Law And The Subjective Stop, Kyron J. Huigens

Seton Hall Law Review

No abstract provided.

Screening And Charging Practices Of Three Mid-Sized Jurisdictions, Deason Criminal Justice Reform Center

Deason Center Reports

Understanding how prosecutors make their screening and charging decisions is essential to criminal legal reform. This preview report is the first in a series of publications that explores the screening and charging practices of prosecutors in three mid-sized jurisdictions. Through an innovative mixed-methods empirical study, the series provides a holistic account of prosecutors’ charging practices.

Volume 1 (February 2021)

Graduate Legal Studies and International Programs Newsletter

A newsletter produced jointly by the Indiana University Maurer School of Law Office of Graduate Legal Studies and Office of International Programs.

Nonmarket Criminal Justice Fees, Ariel Jurow Kleiman

UC Law Journal

The public finance literature tells us that user fees will introduce market-like efficiency to public good provision. Meanwhile, criminal justice scholars note that criminal justice fees have run amok, causing crippling debt, undermining reentry efforts, and raising civil rights and constitutional concerns. This Article reconciles these seemingly opposed perspectives, arguing that criminal justice fees have become harmful precisely because they deviate from the traditional market-like environment that the public finance literature envisions. This nonmarket structure occurs for two reasons. First, criminal justice agencies are monopolistic providers of mandatory services, and second, criminal defendants cannot or do not consider the fee …

Investigative Decision Making And Its Association With Critical Thinking Skills, Thinking Styles, And Law Enforcement Experience, Teresa Curmi

Dissertations, Theses, and Capstone Projects

Decision making is an important aspect of the investigative work performed by law enforcement officers. The processes involved, though, including the collection, interpretation, and use of evidence, can be influenced by biases in thinking and reasoning such as confirmation bias. This issue could contribute to missed leads on the offender responsible for committing a crime when investigative efforts become focused on the wrong individuals. This study is interested in whether law enforcement officers with certain thinking skills and individual characteristics are better equipped to avoid such issues. More specifically, the study was designed to analyze whether there is an association …

Designing Legal Experiences, Maximilian A. Bulinski, J.J. Prescott

Book Chapters

Technological advancements are improving how courts operate by changing the way they handle proceedings and interact with litigants. Court Innovations is a socially minded software startup that enables citizens, law enforcement, and courts to resolve legal matters through Matterhorn, an online communication and dispute resolution platform. Matterhorn was conceived at the University of Michigan Law School and successfully piloted in two Michigan district courts beginning in 2014. The platform now operates in over 40 courts and in at least eight states, and it has facilitated the resolution of more than 40,000 cases to date. These numbers will continue to grow …

Attention Deficit Hyperactivity Disorder (Adhd) In Adults With Intellectual Disability, Rohit Shankar, Bhathika Perera, Laura Korb, Ken Courtenay

Peninsula Medical School

The field of neurodevelopmental disorders is an exciting one in clinical practice. Peoplewith intellectual disability are more likely to have associated neurodevelopmental disorderssuch as autism and attention hyperactivity disorder (ADHD). The current practice ofdiagnosis and management of ADHD in people with intellectual disability is basedon findings from assessment and treatments in the general population. People withintellectual disability often have additional comorbid disorders that may conceal orexacerbate the signs of ADHD and, for this reason, treatments applicable in the generalpopulation may not always be appropriate in treating a person with intellectual disability.To fill this gap in knowledge and practice, this College …

Willful Blindness As Mere Evidence, Gregory M. Gilchrist

Loyola of Los Angeles Law Review

The willful blindness doctrine at criminal law is well-established and generally fits with moral intuitions of guilt. It also stands in direct tension with the first principle of American criminal law: legality. This Article argues that courts could largely preserve the doctrine and entirely avoid the legality problem with a simple shift: willful blindness ought to be reconceptualized as a form of evidence.

Forced Interactions With Sheriff Deputies Over Time And Their Influence On Stigma And Self Identities Among Individuals Convicted Of Sex Crimes, Lisa L. Sample, Brooke Cooley, Tusty Ten Bensel, Carin Hyter, Brett Hurley

Criminology and Criminal Justice Faculty Publications

This paper examined the perceptions of convicted sex offenders and their interactions with law enforcement over time. Specifically, we focused on how formal interactions influenced stigma management and self-identity transformation. For decades, scholars have proposed that identities and behaviors often result from interactions with others. Sex offender registration and notification laws force interactions between registrants and police agents for years, if not a lifetime. Given that desistance from sex offending is dependent on prosocial identity transformation, we analyzed interviews with 63 registrants to uncover how interactions with police promote or inhibit identity transformation over time. Our findings suggested interactions with …

Crisis Response Programs Fy 2015-2020, Lindsey Wylie, Anne M. Hobbs, Juvenile Justice Institute, University Of Nebraska At Omaha

Reports

There are a significant proportion of youth with mental and behavioral health issues, often undiagnosed or untreated, that may contribute to problems at school, home, and within the community. Families and others may not know how to best handle the crisis and often turn to law enforcement or emergency departments to assist; however, this can lead to unintended negative outcomes for youth. To best address crises, the Substance Abuse and Mental Health Services Administration (SAMHSA) states that communities should have a well-developed continuum of crisis services. Crisis services are “no-wrong-door” safety net services that are available for “anyone, anywhere and …

Illiberalism And Authoritarianism In The American States, James A. Gardner

Journal Articles

Federalism contemplates subnational variation, but in the United States the nature and significance of that variation has long been contested. In light of the recent turn, globally and nationally, toward authoritarianism, and the concurrent sharp decline in public support not merely for democracy but for the philosophical liberalism on which democracy rests, it is necessary to discard or to substantially revise prior accounts of the nature of state-to-state variation in the U.S. All such accounts implicitly presuppose a common commitment, across the political spectrum, to the core tenets of democratic liberalism, and consequently that subnational variations in policy preferences and …

Law Library Blog (February 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

A Defense Of Senate Bill 1391: The California Law That Abolishes Transferring Juveniles Under Sixteen To Criminal Court, Nicole Connell

Seton Hall Law Review

No abstract provided.

Caught In-Between: A Video Essay Of Masculine Identity And Methamphetamine Use In The Rural South, Heith Copes, Jared Ragland, Adam Forrester

Qualitative Criminology (QC)

Since the Great Recession in 2007, rural employment rates have been steadily increasing. According to a 2020 United States Department of Agriculture report, rural unemployment has been at its lowest in over a decade. However, such aggregate trends overlook an important aspect of work—its meaningfulness. In many small towns throughout the Southern United States, much of the available work pays little and demands much on the body. As a result, meaningful employment is often out of reach for some men living in the rural South.

Opening The “Black Box” Of Federal Illegal Reentry Sentencing: A Non-Participant Observational Analysis Of Sentencing Constraints And Judicial Discretion, Kevin Buckler

Qualitative Criminology (QC)

"Judicial discretion in sentencing has historically produced disparities in criminal sentencing outcomes. In an effort to address disparity at the federal level, in 1984, the U.S. Congress passed legislation that led to the creation of the U.S. Sentencing Commission and subsequently the adoption of federal sentencing guidelines. Studies show that even among similarly situated defendants (in terms of offense score and criminal history category) disparities have persisted regardless of the sentencing guidelines. An understudied source of disparity is the combined and interactive role of judges, prosecutors, and defense attorneys in the application of the guidelines and the statutory framework that …

Miriam Boeri, Hurt: Chronicles Of The Drug War Generation, Kathleen E. Padilla

Qualitative Criminology (QC)

In 1971, President Nixon officially declared the War on Drugs. Flash forward to 2020 and the prison population is approximately 2.3 million people, with 1 in 5 of those individuals having been incarcerated for a non-violent drug offense (Wagner & Wagner, 2020). Among those caught up in drug offenses stemming from the policies enacted during the War on Drugs, the majority are baby boomers. Baby boomers are those that are born between the years 1946 and 1964, and whose current population is approximately 73 million, the second largest generation aside from Millennials (Census, 2019). By the start of the 21st …

Forced Interactions With Sheriff Deputies Over Time And Their Influence On Stigma And Self Identities Among Individuals Convicted Of Sex Crimes, Lisa L. Sample, Brooke Cooley, Tusty Ten Bensel, Carin Hyter, Brett Hurley

Qualitative Criminology (QC)

"This paper examined the perceptions of convicted sex offenders and their interactions with law enforcement over time. Specifically, we focused on how formal interactions influenced stigma management and self-identity transformation. For decades, scholars have proposed that identities and behaviors often result from interactions with others. Sex offender registration and notification laws force interactions between registrants and police agents for years, if not a lifetime. Given that desistance from sex offending is dependent on prosocial identity transformation, we analyzed interviews with 63 registrants to uncover how interactions with police promote or inhibit identity transformation over time. Our findings suggested interactions with …

Interpersonal Interaction Between Prisoners And Officers In Prisons: A Qualitative Meta-Synthesis Exploring Prison Officer Wellbeing, Davinia Rizzo, Belinda Davey, Melanie Irons

Qualitative Criminology (QC)

"The wellbeing of prison officers has primarily been understood as a function of contextual variables such as their workplace and the nature of their role. Yet the research suggests the officers’ gender and tenure are the only statistically significant predictors of wellbeing for this population (Butler, Tasca, Zhang, & Carpenter, 2019). These findings suggest that variables at the person level may be more important than contextual variables. As such, we conducted a qualitative, meta-synthesis to explore how interpersonal interactions between prisoners and prison officers may affect the health and wellbeing of prison officers. Following a systematic review of the literature, …

Transitioning From Youth To Adulthood: Mapping The Impact Of Systems & Places On Youth Pathways, Danielle Layton, Erica King Msw, Jillian Foley Mppm, Sophia Mcmullan, Mara Sanchez Phd

Justice Policy

This report seeks to lift up the voices of Maine’s youth and place their lived experiences with homelessness, educational pushout, child-welfare and juvenile justice system involvement, and interactions with the healthcare system at the center of public discourse and decision making. This study collected life stories from 35 youth (age 14-24) using arts-based narrative inquiry methods to map their journeys from childhood to adulthood. The report offers a deeper look at the firsthand experiences of Maine’s systems-involved youth and recommends creating more opportunities for young people to be involved with decisions made by the organizations and systems that serve them, …

Military Service And Offending Behaviors Of Emerging Adults: A Conceptual Review, Christopher Salvatore, Travis Taniguchi

Department of Justice Studies Faculty Scholarship and Creative Works

Focusing on the United States, this paper examines the impact of military service for the cohort of individuals that have experienced the social factors that characterize emerging adulthood as a unique stage in the life course. We argue that military service, as a turning point, may act differently in contemporary times compared to findings from past research. This difference is driven by changes in military service, the draft versus volunteer military service, and the prevalence of emerging adulthood. As a background, we describe emerging adulthood, examine how emerging adulthood relates to crime and deviance, explore the impact of military life …

Pathways Of Crime: Measuring Crime Concentration Along Urban Roadways, Kathryn Wuschke, Martin A. Andresen, Patricia L. Brantingham

Criminology and Criminal Justice Faculty Publications and Presentations

Some urban spaces are associated with disproportionate numbers of criminal events, while other areas are relatively free from disorder and crime. The relationship between urban space and crime concentration has received increased attention in recent years, with the location quotient frequently presented as a tool to identify and quantify such concentration. This measure has several limitations, with one significant concern surrounding the choice of denominator with which to standardize local and global rate calculations. In response, we present a new methodological adaptation to the location quotient, improving the measurement of crime concentration along linear features. To test this adaptation, we …

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

Felon Population Reports

No abstract provided.

Education Faculty As Knowledge Brokers: Competing For Access To New York State Print Media And Policy Influence, Gary Anderson, Nakia Gray-Nicolas, Madison Payton

Publications and Research

In an environment in which new policy entrepreneurs and networks are influencing policy and public opinion, many university faculty are increasingly seeking ways to mobilize knowledge beyond academic conferences and journals. Using New York state as a case, we searched Access World News to compare the level of media access of academics with other knowledge brokering organizations (KBOs; e.g. think tanks, teachers’ unions, advocacy organizations, etc.). Our data shows relatively low levels of access for academics and provides profiles of those academics with high levels of access and what we might learn from them. We provide a discussion of the …

The Guiding Hand Of Counsel, For A Price: Juvenile Public Defender Fees And Their Effects, Hannah R. Gourdie

William & Mary Law Review

When he was thirteen, Jonathan, a teenager from New Hampshire, was charged with simple assault after a fight with his father. During his hearing in juvenile court, his father refused to pay the $275 New Hampshire public defender fee, and Jonathan—unable to afford the price of counsel—waived his right to an attorney. He was placed on probation and struggled to meet his probation requirements, resulting in his arrest for probation violations. Because the court was deciding whether to detain Jonathan, Jonathan was appointed a juvenile defender. The attorney brought Jonathan’s unstable home life to the judge’s attention, and the judge …

The Integration Of Roman Catholic Traditions And Evidence-Based Psychological Services, Thomas G. Plante

Psychology

The Roman Catholic Church is the largest, and most enduring continuous organization, secular or religious, of any kind in the world with a 2,000-plus-year history. It currently includes well over a billion people. Regardless of its size, scope, history, and impact, the Roman Catholic Church is often greatly misunderstood and people frequently maintain stereotypic and even discriminatory views about Catholics and their clerical leaders. The purpose of this article is to present the integration of the Roman Catholic tradition into psychological assessment and therapy and to provide several examples of this integration. The article highlights how this integration can be …

Deportation Arrest Warrants, Lindsay Nash

Articles

The common conception of a constitutionally sufficient warrant is one reflecting a judicial determination of probable cause, the idea being that the warrant process serves to check law enforcement. But neither the Constitution nor the Supreme Court has fully defined who can issue arrest warrants within the meaning of the Fourth Amendment; the constitutional significance of arrest “warrants” that are not; or when (if ever) warrants of any type are constitutionally required for deportation-related arrests. In that void, the largest federal law enforcement agency—the Department of Homeland Security (DHS)—is on pace to issue over 150,000 administrative “warrants” annually, authorized by …

Jack Weinstein: Reimagining The Role Of The District Court Judge, Jessica A. Roth

Articles

This essay, for a symposium issue of the Federal Sentencing Reporter dedicated to the impact of Judge Jack Weinstein on the occasion of his retirement from the federal bench, highlights how Judge Weinstein has re-imagined the role of the district court judge. Through his judicial opinions, extrajudicial writings and speeches, and his innovative use of the court’s supervisory authority, Judge Weinstein has challenged, and in some cases altered, the status quo in the realm of criminal sentencing. In doing so, he has established a forceful example of how district court judges can use their position to advocate for and effect …