Digital Commons Network^™

Medication Assisted Treatment Programs To Reduce Recidivism In Montana, Asia Chhon, Taylor Hill, Mason Hutchinson, Kian Speck, Alex Whaples

Undergraduate Theses, Professional Papers, and Capstone Artifacts

Despite spending more than any other county on incarceration and reentry programs, the United States continues to have some of the highest rates of reincarceration. Programs designed to teach inmates job skills, GED programs, and new Medicaid measures have proved moderately successful for reducing recidivism among certain offenders, but one class continues to suffer high recidivism rates. People imprisoned for opioid drug use are more likely to reoffend than any other group, but very few governments in different countries around the world have allotted the resources to establish effective treatment facilities, creating a cycle very few can escape. This project …

Intergenerational Mobility: How Gender, Race, And Family Structure Affect Adult Outcomes, Jean Kimmel Editor

Upjohn Press

This volume presents a complex portrait of the interrelationships among parents’ marital status and education, child gender, and the nature and success of children’s transitions into adulthood. The first three chapters focus on differences in parents’ investments in their children, while the final three chapters focus directly on intergenerational income mobility.

Seeing Those We’Ve Rendered Invisible – A Clarion Call For Criminal Justice, Stephen E. Henderson, Jordan Thomas

Faculty Articles

Jonathan Rapping, Gideon’s Promise: A Public Defender Movement to Transform Criminal Justice (Beacon Press 2020) In this brief review, we situate Rapping’s work among those demanding criminal justice reform, praise an unrelated bonus, and propose a friendly amendment to nudge his vision over the finish line of justice. It will not be enough to provide newly enabled and supported public defenders to those our systems consider indigent. We ought to provide them to us all.

One Tire, One Time: The Supreme Court Of Missouri’S Expansion Of Reasonable Suspicion, Luke A. Hawley

Missouri Law Review

All drivers are familiar with the white “fog line” that separates the road from the shoulder. What Missouri drivers may not be familiar with is the fact that they can be pulled over any time one of their tires cross that line. This fact may surprise Missouri drivers, in part because it has only recently become the law. While fog line infractions may seem trivial on their face, the traffic stops that result from fog line infractions trigger significant constitutional repercussions.

Covid-19, Courts, And The 'Realities Of Prison Administration.' Part Ii: The Realities Of Litigation, Chad Flanders

All Faculty Scholarship

Lawsuits challenging prisons and jails for not doing enough to stop the spread of COVID-19 among inmates have faced mixed results in the courts: wins at the district court level are almost always followed by losses (in the form of stays of any orders to improve conditions) at the appeals court level or at the Supreme Court. This short article tries to explain why this is happening, and makes three comparisons between how district courts and appeals courts have analyzed these lawsuits. First, district courts and appeals courts tend to emphasize different facts in their decisions. District courts focus more …

Heirs Property In Georgia: Common Issues, Current State Of The Law, And Further Solutions, Caitlin Henderson

Georgia Law Review

In Georgia, real property passes through an intestate estate
in the form of heirs property. Under this system, heirs share
ownership of the property as tenants in common. This form of
ownership poses several obstacles to realizing the land’s full
potential and, in certain circumstances, courts will partition
the property in forced sales or will physically divide the
property among the heirs. Heirs property and its accompanying
problems are particularly common in Georgia due to strict
policies concerning will execution formalities. Georgia and the
U.S. Congress have attempted to cure the problems associated
with heirs property through the adoption of …

The Substance Of Montgomery Retroactivity: The Definition Of States' Supremacy Clause Obligation To Enforce Newly-Recognized Federal Rights In Their Post-Conviction Proceedings And Why It Matters, Eric M. Freedman

Hofstra Law Faculty Scholarship

In Montgomery v. Louisiana, 136 S.Ct. 718 (2016), the Supreme Court made a decision of far-reaching importance to the criminal justice system: the Supremacy Clause requires states adjudicating post-conviction attacks to give full retroactive effect to “substantive” new rules of federal constitutional law.

The significance of this holding has so far been under-appreciated because of the assumption that “substantive” has the same narrow meaning in the context of the state’s obligations under the Supremacy Clause as it does under Teague v. Lane, 489 U.S. 288 (1989), which sets forth prudential limitations on the claims that the federal courts will entertain …

Teaching The New Majority : Addressing Race And Racism Through Culturally Responsive Teaching, Graziela Lobato-Creekmur

Theses, Dissertations and Culminating Projects

Studies have shown that culturally responsive teaching and its praxis appear very differently in various K-8 classrooms, while addressing race and racism are often absent from the classroom. However, these studies also support that pedagogical theories and practice such as these address the needs of students of color. Therefore, through a critical race theory lens, I explored teachers’ life history, how this influenced their classroom practice, and how they addressed race and racism in their professional lives. Narrative inquiry methods were used to uncover answers to addressing race and racism in the classroom through three teachers’ culturally responsive instruction. The …

Population-Based Sentencing, Jessica M. Eaglin

Articles by Maurer Faculty

The institutionalization of actuarial risk assessments at sentencing reflects the extension of the academic and policy-driven push to move judges away from sentencing individual defendants and toward basing sentencing on population level representations of crimes and offenses. How have courts responded to this trend? Drawing on the federal sentencing guidelines jurisprudence and the emerging procedural jurisprudence around actuarial risk assessments at sentencing, this Article identifies two techniques. First, the courts have expanded individual procedural rights into sentencing where they once did not apply. Second, the courts have created procedural rules that preserve the space for judges to pass moral judgment …

Beware Of Giant Tech Companies Bearing Jurisprudential Gifts, Kiel Brennan-Marquez

Faculty Articles and Papers

Responding to Rebecca Wexler, Privacy as Privilege: The Stored Communications Act and Internet Evidence, 134 HARV. L. REV. 2721 (2021).

Exploring Group-Threat And Police-Involved Homicide : A Spatial Analysis Of Police Involved Homicide In Us Counties, Kyle Demori Maksuta

Legacy Theses & Dissertations (2009 - 2024)

The recent advent of the Black Lives Matter movement has reinvigorated criminological inquiry into police violence. Recent advances in spatial analysis have opened new opportunities for understanding the spatial relationship between social structure and police violence. Spatial analysis is both statistically and substantively important to our understanding of police-involved-homicide (PIH), yet few studies have attempted to marry recent advances in spatial econometrics to this topic. The current study introduces spatial Durbin modeling (SDM) as a particularly useful approach to studying the spatial relationships between variables associated with group threat theory and PIH. Previous research has demonstrated the connections between group …

Utilizing Raman Spectroscopy To Determine The Time Since Deposition Of Heated Bloodstains, Alexis Pearl Barber

Legacy Theses & Dissertations (2009 - 2024)

The development of novel forensic methods is a rapidly growing area within analytical chemistry. Analytical chemistry is well suited for forensic analyses as a plethora of information can be ascertained from utilizing a wide variety of techniques. At the scene of violent crimes, bloodstain evidence is one of the most frequently found and valuable types of evidence. This is because blood is a complex biological fluid which can provide crucial information during a forensic investigation including DNA evidence. The most informative form of analysis is DNA profiling, which potentially allows for the identification of an individual. However, there is more …

Substance Abuse Policies, Prescribing Behaviors, And Health Outcomes, Huy Do Dang

Legacy Theses & Dissertations (2009 - 2024)

Opium and less potent substances such as tobacco and marijuana were found thousands of years ago and used not only to relieve pain and stress but also to entertain human minds. However, there are also side effects of using these, especially to the extent of abusing them. The side effects in this issue are unavoidable so that eliminate them through public health policies is needed. There are several public policies governing the impact of opioids and marijuana in recent years, mainly the Prescription Drug Monitoring Programs (PDMP) and the Legalization of Marijuana. These policies have been in place for about …

Mass Spectral And Chemometric Analysis For The Detection And Identification Of Forensically Relevant Materials, Meghan Grace Appley

Legacy Theses & Dissertations (2009 - 2024)

Forensic science is the application of science to the law which in and of itself covers a substantial number of disciplines. Many of these involve the detection and identification of materials using analytical techniques. Traditional analysis methods include microscopy, spectroscopy and mass spectrometry. The materials encountered by forensic practitioners are ever evolving, resulting in the need to develop new methods to complement conventional techniques to enhance the evidentiary value of the samples. The research presented here shows that novel methods including direct analysis in real time–high-resolution mass spectrometry (DART-HRMS), thermal desorption coupled with gas chromatography-mass spectrometry (TD-GC-MS), solid-phase microextraction (SPME) …

Understanding Awol As A Crisis Response In Out-Of-Home Placement Settings, Stephen James Oby Jr

Legacy Theses & Dissertations (2009 - 2024)

Youth elopement from out-of-home placement settings, an act colloquially referred to as AWOL, is a frequent and extremely risky outcome for youth and a key concern for child welfare entities. AWOL is hypothesized here as a maladaptive coping response to the experience of out-of-home placement as a crisis-inducing event. Conceiving of AWOL as a response to a crisis state redefines apparent risk factors as crisis origins and enables an understanding of which youth may experience a removal and out-of-home placement event as crisis inducing. Factors related to AWOL outcomes are embedded within an ecological systems framework and the interactions between …

Improving The Legal And Regulatory Framework Of Restraint And Seclusion In D.C. Public Schools, James Gallagher

Upper Level Writing Requirement Research Papers

No abstract provided.

Step One: Solving The Ncaa Sexual Assault Problem, Aaron Hernandez

Marquette Sports Law Review

No abstract provided.

Bio-Spatial Policing In Theory And Practice: Examining Impacts And Resistance Through Mobilities And Children's Everyday Life, Emily Kaufman

Theses and Dissertations--Geography

Despite decades of reforms and technological innovations, increasing evidence shows that state securitization disproportionately harms already racially, spatially, and socio-economically marginalized communities. My research investigates uneven impacts of state securitization, from punitive welfare programs to school surveillance to policing. Across sites, I focus on scales, voices and the everyday lived experiences often left out of scholarly discourse and sensational media. In the current climate of growing awareness and scholarship on police violence, my dissertation addresses three less-studied areas: 1) the interplay between racial, gendered, spatial, and technified police practices; 2) how these practices impact the everyday lives of those racially …

The Experiences And Perceptions Of Harassment And Discrimination Of Lgbtq Youth In South Carolina High Schools, Melissa Myers

Doctor of Education Dissertations

In public schools, lesbian, gay, bisexual, transgender, and questioning (LGBTQ) students face the negative consequences of homophobic harassment. This qualitative phenomenological study aimed to learn about previous LGBTQ high school student opinions and lived experiences and their encounters with school employees regarding fostering a safe and inclusive school climate. There is a lack of institutional support for LGBTQ students who self-identify or are believed to be LGBTQ in public schools. An open-ended, web-based survey of 17 high school LGBTQ graduates between the ages of 18 and 24 was used as part of this qualitative research. Perceptions and lived experiences of …

Parent Perceptions Of Quality Early Childhood Education Programs, Lichelle Jones-Wilkins

Doctor of Education Dissertations

Early childhood education (ECE) programs play an important role in a child’s social, emotional, and cognitive development. ECE programs strive to prepare the students for kindergarten. The importance and value of ECE programs have increasingly become more important to state and federal officials. As a result, these officials have made significant efforts to make ECE programs more accessible. When it comes to selecting educational programs for their children, parents are frequently the primary decision makers. Rather than parental choice, studies usually focus on stakeholder perspectives on quality care. The goal of this 3-phase study was to better understand the factors …

Race Relations Data Brief: 2017-2021 Los Angeles Public Opinion Survey, Thomas And Dorothy Leavey Center For The Study Of Los Angeles.

StudyLA Data Briefs

ABOUT THIS STUDY

The 2021 Los Angeles Public Opinion Survey conducted by StudyLA involved 20-minute telephone sessions and online and face-to-face surveys with 2,003 adults (845 phone, 911 online, and 247 face-to-face) living in Los Angeles County. The survey was conducted in English, Spanish, Mandarin, and Korean from January 4th to February 15th, and respondents were asked a range of questions about quality-of-life perceptions and various civic issues. The margin of error is ±3.0% for the entire sample.

ABOUT THIS REPORT

Survey results are reported in two sections: (1) questions related to race and racial disparities, where questions are crossed …

Program Development Using Intervention Mapping In Primary Healthcare Settings To Address Elder Abuse: A Randomized Controlled Pilot Study, Sonia Oveisi, Lynda A. Stein, Forozan Olfati, Shima Jahed

Psychology Faculty Publications

Background: Abuse of elderly women is of great concern and yet relatively little is known about interventions.

Objectives: The aim of this study was to develop and test a culturally informed treatment, based on Intervention Mapping (IM), for primary healthcare settings. The intervention targets family members of elderly women and seeks to reduce elder abuse.

Methods: N = 80 family members of elderly women were randomized to intervention or control. Elderly women completed assessment prior to randomization. Elder abuse was measured by self-reported frequency of neglect, physical, psychological, and financial abuse in the last 2 months across 16 items. Intervention …

What We Teach Is Who We Become: A Historical Exploration And Legislative Comparison Of States’ History Curricula Incorporating Black Experiences In America, Aleksandra Syniec

Student Works

No abstract provided.

At A Crossroads: Prostitution Decriminalization And Enforcement Of Human Trafficking Laws, Kaitlin Grossbauer Deluca

Student Works

No abstract provided.

The Dormant Seizure Doctrine And Its Effect On Race Disparities, Joseph Alter

Student Works

No abstract provided.

Table Of Contents - Vol. 51, No. 5 2021

Seton Hall Law Review

No abstract provided.

Cracking Self-Defense’S Intractable “Difficult Cases”, T. Markus Funk Ph.D.

Nebraska Law Review

The “ancient right” of self-defense is among the handful of criminal law areas that has received substantial academic (and increasingly public) attention, and deservedly so, given the foundational role it plays in criminal justice systems the world over. The current debate about over-policing, violence, and self-defense has vividly brought to the forefront the challenges inherent in setting boundaries between the state’s claimed “monopoly on force” and the individual’s right to deploy self-preferential violence against an attacker. But, as this Article points out, by continuing to overlook the role values and value judgments play in guiding “just” self-defense outcomes, the bedrock …

The Incriminating Sound Of Silence: A Need For Protection Of Post-Arrest, Pre-Miranda Silence, Emily Locke

Nebraska Law Review

I. Introduction

II. Historical Origins of the Right to Remain Silent

III. Silence Prior to Miranda Warnings ... A. Pre-Arrest Silence as Substantive Evidence of Guilt ... B. Post-Arrest, Pre-Miranda Silence for Impeachment Purposes

IV. Circuit Court Split: Post-Arrest, Pre-Miranda Silence as Evidence of Guilt ... A. Circuit Courts Allowing Use of Post-Arrest, Pre-Miranda Silence as Evidence of Guilt ... B. Circuit Courts Prohibiting Use of Post-Arrest, Pre-Miranda Silence as Evidence of Guilt

V. Analysis ... A. Miranda as a Mere Reminder ... B. Silence as Compulsion ... C. Policy Justifications for Prohibiting Post-Arrest, Pre-Miranda …

Criminal Procedure: Confessions, Searches, And Seizures, Honorable Barbara Parker Hervey, Carson Guy, Alexander R. Comsudi

SMU Annual Texas Survey

This article is a survey of the relevant developments in criminal procedure law from December 1, 2019, through November 30, 2020. The article focuses on law likely to be influential to Texas practitioners.

Front Matter

SMU Annual Texas Survey

No abstract provided.