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Framing Individualized Sentencing For Politics And The Constitution, Meghan J. Ryan

Faculty Journal Articles and Book Chapters

For decades, there was not much growth in the U.S. Supreme Court’s interpretation and application of the Eighth Amendment’s prohibition on cruel and unusual punishments. In recent years, though, the Court has expanded the Amendment’s scope to prohibit executing intellectually disabled and juvenile offenders, to ban capital punishment for all non-homicide offenses against individuals, and to for-bid life-without-parole sentences for juveniles when that punishment was mandatorily imposed or imposed on non-homicide offenders. With changing politics and a changing Court, any further expansion of Eighth Amendment protections will likely be difficult for years to come. With the recent confirmation of Amy …

Sex Vs Gender In A Forensic Anthropological Analysis, Erik M. Schulz

Nebraska Anthropologist

This paper will be discussing the topic of gender identification in a forensic anthropology outcome. The purpose will be to see if a forensic anthropologist should determine the gender of an individual or just biological sex when talking about identifying a body. To support this argument, the following topics will be evaluated: looking at the current methods used for identifying sex of an individual, looking at reconstruction and modification practices, looking at documentation aspects in a forensic report, biological profile make up, and cultural significance. The conclusion will state that anthropologists should make a case for sex, but that gender …

When Critical Race Theory Enters The Law & Technology Frame, Jessica M. Eaglin

Articles by Maurer Faculty

Jessica Eaglin intertwines the social construction of race, law and technology. This piece highlights how the approach to use technology as precise tools for criminal administration or objective solutions to societal issues often fails to consider how laws and technologies are created in our racialized society. If we do not consider how race and technology are co-productive, we will fail to reach substantive justice and instead reinforce existing racial hierarchies legitimated by laws.

The Perils Of "Old" And "New" In Sentencing Reform, Jessica M. Eaglin

Articles by Maurer Faculty

This Essay turns attention from actuarial risk assessment tools as a reform to the inclination for a technical sentencing reform more broadly. When situated in the context of technical guidelines created to structure and regulate judicial discretion in the 1980s and beyond, the institutionalization of an actuarial risk assessment at sentencing is both an old and new idea. Both sentencing guidelines and actuarial risk assessments raise conceptual and empirical questions about sentencing law and policy. This Essay drills down on two conceptual issues—equality and selective incapacitation—to highlight that actuarial risk assessments as a reform raise recurring questions about sentencing, even …

Compensating Victims Of Police Violence, Valena Beety

Articles by Maurer Faculty

Victims of police violence suffer physical trauma and their families suffer mental trauma “born from the violation of a certain social trust.” Their losses are also financial, including medical expenses and mental health treatment, as well as lost income. While scholars and citizens have advocated for accountability and justice, this is the first essay to advocate for the simple act of victims’ compensation for victims of police violence.

To be considered for compensation, victims must first prove that they cooperated with law enforcement and were “innocent” of wrongdoing. Yet, victims of police violence are inordinately and openly blamed for their …

Judicial Review In Expedited Removal Proceedings: Applying Sims V. Apfel To Assess The Role Of Issue Exhaustion, Emily C. Snow

Georgia Law Review

For noncitizens in expedited removal proceedings, obtaining
judicial review of removal orders is an uphill battle. Some
barriers to judicial review are statutory: noncitizens must first
exhaust their administrative remedies, and they may seek
review only in a federal circuit court of appeals. Other barriers
are judicial—i.e., imposed by courts, not statutes.
A circuit split has emerged over one of these judicially
imposed barriers to judicial review. Some courts have held that
expedited removal proceedings do not accommodate legal
challenges to removal. In those circuits, noncitizens preserve the
opportunity for judicial review even when they do not raise a
legal …

Legal Work Ahead: Potential Potholes For The Hands-Free Georgia Act, Hunter G. Smith

Georgia Law Review

Georgia’s statutory regulation of distracted driving, the
Hands-Free Georgia Act, went into effect in July 2018. The Act
is rife with ambiguous and uncertain language that fails to
apprise drivers of the legal and practical consequences of their
actions. But in the three years since the Act’s passage, neither
the legislature nor the courts have addressed these issues.
With its many exceptions, the Act neither protects drivers’
constitutional rights nor adequately curtails dangerous
driving. Vagueness in the Act’s numerous exceptions, Fourth
Amendment concerns, and the potential for pretextual stops
and racial profiling present potential legal issues on which
litigants may …

Some Objections To Strict Liability For Constitutional Torts, Michael L. Wells

Georgia Law Review

Qualified immunity protects officials from damages for
constitutional violations unless they have violated “clearly
established” rights. Local governments enjoy no immunity, but
they may not be sued on a vicarious liability theory for
constitutional violations committed by their employees. Critics
of the current regime would overturn these rules in order to
vindicate constitutional rights and deter violations. This
Article argues that across-the-board abolition of these limits on
liability would be unwise as the costs would outweigh the
benefits. In some contexts, however, exceptions may be justified.
Much of the recent controversy surrounding qualified
immunity involves suits in which police officers …

Jurors' Perceptions Of False Confessions, Madison G. Gallimore

Graduate Theses, Dissertations, and Problem Reports (ETD)

This study examined the effect of mock jurors’ perceptions of a defendant’s false confession vs. no confession (false confession presence), coercive interrogation techniques vs. panic-escape (false confession reason), and expert witness testimony vs. defendant explanation vs. expert witness testimony plus defendant explanation for his false confession (source). The four hypotheses and one research question pertained to main effects and interaction effects of false confession presence, false confession reason, and source (separately) and expert witness conditions combined on five outcome variables. Outcome variables were defendant’s guilt, trustworthiness, suggestibility, susceptibility to external influences, and juror’s likelihood of changing their verdict. Using Amazon …

Pitman B. Potter - Publications Record [Bibliography], Pitman B. Potter

All Faculty Publications

Bibliography of Pitman B. Potter

Addressing A Blind Spot: Altruistic Fear And Religious Bias Motivated Victimization, Emily N. Hawkins

Graduate Theses, Dissertations, and Problem Reports (ETD)

Fear of victimization is different than actual victimization but has real consequences for individuals’ behaviors and attitudes. Research on fear of victimization in the United States has typically emphasized individuals’ own fears of experiencing violent, sexual, and property crimes. Yet, some studies suggest that fear of crime for other people whose safety one values – significant others, friends, and children – or altruistic fear is more common and often more intense than one’s personal fear of victimization. While some literature exists on the prevalence of altruistic fear in American households, little is known about altruistic fears specifically rooted in the …

The Intersection Of Empathy, Social Identity, And Threat, Samantha E. Gardner

Cal Poly Humboldt theses and projects

Empathy is a tool we can use to feel and understand other’s emotions and circumstances. The social identity perspective posits that we are motivated to protect and promote the groups we belong to, and that we feel emotions on behalf of the group. Further, intergroup threat theory (found within the social identity framework) postulates that perceived threat to one’s group leads to intergroup tension, breeding prejudiced attitudes and discriminatory behavior. To investigate the relationship that identity and threat have on participant’s empathy for outgroups, I measured: how much participants identified with the White American identity; their White privilege awareness; their …

Energy Policy Dynamics In The European Parliament And In The Lithuanian Seimas, Vaida Lilionyte Manthos

Graduate Theses, Dissertations, and Problem Reports (ETD)

The purpose of this study is to apply punctuated equilibrium theory to better understand the development of energy policies in the European Parliament and in the Lithuanian Parliament – Seimas. In the first empirical chapter I analyze written questions that members of the European Parliament submitted to the EU Commission to study whether members of the European Parliament respond to punctuating events such as the Fukushima nuclear accident. I also study party groupings in the European Parliament to evaluate how punctuating events alter the policy behavior and priorities of these party groupings. In the second empirical chapter I analyze whether …

Characterization Of Modern Ammunition And Background Profiles: A Novel Approach And Probabilistic Interpretation Of Inorganic Gunshot Residue, Korina Layli Menking-Hoggatt

Graduate Theses, Dissertations, and Problem Reports (ETD)

Gunshot residue (GSR) can provide essential clues in gun-related investigations. The standard practice for GSR analysis uses SEM-EDS, with the capability for single particle elemental and morphological analysis. However, the method is time-consuming and based on categorical classification models without considering case circumstances. Therefore, complementary and more encompassing methods are needed to improve evidence interpretation of modern ammunition. This research aims to fill these demands by developing standard materials and alternative methods to characterize and interpret IGSR.

This study developed primer GSR (pGSR) standards from sixty discharged primers that were fully characterized by three techniques. The number of GSR particles, …

Annual Report, Fiscal Year 2021, Tennessee. Department Of Correction

Annual Reports

This document is the annual report for the Tennessee Department of Correction during the fiscal year.

The Waiting Game: How Preindictment Delay Threatens Due Process And Fair Trials, Danielle M. Rang

South Dakota Law Review

No abstract provided.

"It Is Not Necessary For Eagles To Be Crows", Book Review (Reviewing David Heska Wanbli Weiden, Winter Counts (2020)), Neil Fulton

South Dakota Law Review

No abstract provided.

From After-School Detention To The Detention Center: How Unconstitutional School-Disruption Laws Place Children At Risk Of Prosecution For “Speech Crimes”, Frank Lomonte, Ann Marie Tamburro

Lewis & Clark Law Review

As unrest erupts across the country over issues of police violence and race, how and when police use their authority inside schools is receiving renewed scrutiny. Students of color are uniquely at risk of being subject to overzealous arrest as a result of a confluence of dangerous factors: Young people are constantly surveilled throughout the school day, constitutional search-and-seizure protections are diminished, and police have the benefit of not just the criminal laws that would apply in the “real world,” but a host of vague and subjective “speech crimes” for which they can justify detention, search, and arrest. This Article …

The Time Is Now: Criminal Justice Reform In The Wake Of George Floyd’S Killing, Tung Yin

Lewis & Clark Law Review

On May 25, 2020, an encounter between George Floyd (Black) and Minneapolis police officers Derek Chauvin (white), Tou Thao (Asian), J. Alexander Keung (Black), and Thomas Lane (white)—most of which was recorded by numerous bystanders—turned deadly. After arresting Floyd for allegedly passing a counterfeit bill, Keung and Lane tried to put Floyd in the backseat of their police vehicle, but Floyd protested, saying that he was claustrophobic. Chauvin and Thao arrived on the scene, and Floyd eventually ended up lying on the ground, face down. At that point, Chauvin put his knee on the back of Floyd’s neck. Nine minutes …

How Can We Achieve Accountability In Policing? The (Not-So-Secret) Ingredients To Effective Police Reform, Michael D. White, Henry F. Fradella, Michaela Flippin

Lewis & Clark Law Review

The summer of 2020 was marked by a series of high-profile police killings of citizens, highlighting excessive force as the most pernicious form of racial injustice in American policing. The persistence of the excessive use of force problem over decades raises serious questions regarding what we know about police accountability, and has led some to argue for defunding or even abolishing the police. However, the roadmap to effective police accountability is tangible and known. In this Article, we delineate eight guiding principles and eight strate-

Osgoode Syllabus Of Courses And Seminars: 2021 - 2022, Office Of Student Services

Syllabi

No abstract provided.

Improving Housing Services For Youth Survivors Of Sexual Exploitation: An Exploratory Study, Danielle B. Groton, Tomi Gomory

National Youth Advocacy & Resilience Journal

Children who have been commercially sexually exploited are a vulnerable population, often in need of housing services. However, little is known about housing services for this population. To address this gap, the current study aims to further the understanding and knowledge about housing services for children who have experienced commercial sexual exploitation (CSE) in the U.S. Through a structured online search and review of the research literature, we identified 56 programs thought to be serving children who have experienced CSE in the United States. Agencies were asked to complete a brief semi-structured survey on their services for youth who have …

Entitlement To Punishment, Kyron J. Huigens

Articles

This Article advances the idea of entitlement to punishment as the core of a normative theory of legal punishment's moral justification. It presents an alternative to normative theories of punishment premised on desert or public welfare; that is, to retributivism and consequentialism. The argument relies on H.L.A. Hart's theory of criminal law as a "choosing system," his theory of legal rules, and his theory of rights. It posits the advancement of positive freedom as a morally justifying function of legal punishment.

An entitlement to punishment is a unique, distinctive legal relation. We impose punishment when an offender initiates an ordered …

Should Private Prisons In The U.S. Be Abolished, Nancy Anzalone

Theses & Dissertations

Private prisons were established as a possible solution to alleviate the serious overcrowding issue affecting prisons during the 1980’s. This thesis supports the reasoning behind why private prisons should be abolished as they did not deliver on the claims made in support of their existence but rather, reveals the multitude of negative repercussions when the financial interests of a few large and powerful private corporations override the basic safety and security of our prison system. The studies contained in this thesis attempt to reveal that the data meant to support private prisons is not only inadequate, but often, inaccurately depicted …

2021 Georgia Southern University Women's Soccer Media Guide, Georgia Southern University

Women's Soccer Records

• 2021 Women's Soccer Media Guide

2021 Georgia Southern University Women's Soccer Roster, Georgia Southern University

Women's Soccer Records

• 2021 Women's Soccer Roster

2020-2021 Georgia Southern University Women's Basketball Roster, Georgia Southern University

Women's Basketball Records

• 2020-21 Women's Basketball Roster

2021 Georgia Southern University Football Roster, Georgia Southern University

Men's Football Records

• Georgia Southern University Athletics 2021 Football Roster

(Un)Qualified Immunity: An Analysis On Qualified Immunity And Civilian Sentiments, Guy Hodge Ii

College of Graduate Studies: Theses & Dissertations

Recent events involving the deaths of unarmed, African American citizens have brought forth an increased attention to the application of qualified immunity to law enforcement. This study aims to gain a civilian perspective on qualified immunity. Qualified immunity, as defined by the Supreme Court case Harlow v. Fitzgerald, 457 U.S. 800 (1982), grants government officials performing discretionary functions immunity from civil suits unless the plaintiff shows that the official violated “clearly established statutory or constitutional rights of which a reasonable person would have known.” Through a national-level survey, this study captures an overall favorability of qualified immunity as well as …

A Research Assistant's Perceived Skillset When Utilizing Deception, Ahmad Sarris

College of Graduate Studies: Theses & Dissertations

The use of deception in research has been a long-debated topic for several decades. Generally, research on deception has concerned its justifications, common methods, controversies, and uses inside and outside the broad field of psychology. Although the bulk of this research is typically concerned with exploring the potential drawbacks and controversies of deception on participants, the potential advantages and disadvantages to those implementing it has not been explored. More specifically, there are unanswered questions about what skills can be gained or perceived to be gained by research assistants utilizing deception. The present study explored whether deception utilization and/or the presence …