Digital Commons Network^™

Factors Associated With Intimate Partner Homicide In A West Australian Context, William Anthony Thompson

Theses: Doctorates and Masters

Domestic Violence (DV) is prevalent within Australian society with one in four women experiencing some form ofDV (ABS 2017) in their life. The Australian homicide rate is about 250 deaths per year, of which 52% are domestic related (Virueda & Payne 2010). Domestic homicides include Intimate Partner Homicide (IPH), where the victim and offender shared, or formerly shared an intimate relationship (for example married, defacto and ex partners; Bryant & Cussen 2015). This study analysed the factors of West Australian (WA) IPHs from 2012-2017 inclusive. The aim was to identify aetiologies of IPH offending across ethnicity and gender to understand …

Through A Lens Of Therapeutic Jurisprudence: A Case Study Of The Children’S Court Drug Court In Perth, Suzanne Ellis

Theses: Doctorates and Masters

The Children’s Court Drug Court (CCDC) has operated for 20 years in Perth as an alternative Court for drug-using young offenders who present at the Children’s Court. Despite the CCDC’s relative longevity, researchers have examined neither the inner workings of the Court nor the experiences of its actors. The current study aimed, not to evaluate the CCDC, but to identify measures needed to refine CCDC processes to enhance the experiences and outcomes of young people who participate in the CCDC. It argues that despite the CCDC’s foundations in contentious therapeutic jurisprudence principles, on balance, the actors – young people, their …

Going Beyond Rule 8.4(G): A Shift To Active And Conscious Efforts To Dismantle Bias, Meredith R. Miller

Journal of Race, Gender, and Ethnicity

No abstract provided.

The Slippery Discourse Of Sexual Consent: Feminist Acumen And Feminist Excess, Dan Subotnik

Scholarly Works

No abstract provided.

Sent Out Or Sent Home: Understanding Racial Disparities Across Suspension Types From Critical Race Theory And Quantcrit Perspectives, Yolanda Anyon, Kathryn Wiley, Ceema Samimi, Miguel Trujillo

Faculty Research, Scholarly, and Creative Activity

Although in-school suspensions may be viewed as less severe than out-of-school suspensions, both discipline consequences limit students’ access to learning opportunities and are negatively associated with a range of educational outcomes. Moreover, if sending students out of class perpetuates the same racial disparities as sending them home, this practice does not realize the equity goals of discipline reforms over the last decade. Our study draws on Critical Race Theory and QuantCrit to understand racial discipline gaps across in-school and out-of-school suspensions using data from students and schools in one large district. Results of multilevel regression models indicate similar racial disparities …

Othering Across Borders, Steven Arrigg Koh

Faculty Scholarship

Our contemporary moment of reckoning presents an opportunity to evaluate racial subordination and structural inequality throughout our three-tiered domestic, transnational, and international criminal law system. In particular, this Essay exposes a pernicious racial dynamic in contemporary U.S. global criminal justice policy, which I call othering across borders. First, this othering may occur when race emboldens political and prosecutorial actors to prosecute foreign defendants. Second, racial animus may undermine U.S. engagement with international criminal legal institutions, specifically the International Criminal Court. This Essay concludes with measures to mitigate such othering.

Deficit Frame Dangers, Jonathan Feingold

Faculty Scholarship

Civil rights advocates have long viewed litigation as an essential, if insufficient, catalyst of social change. In part, it is. But in critical respects that remain underexplored in legal scholarship, civil rights litigation can hinder short- and long-term projects of racial justice.

Specifically, certain civil rights doctrines reward plaintiffs for emphasizing community deficits—or what I term a “deficit frame.” Legal doctrine, in other words, invites legal narratives that track, activate, and reinforce pernicious racial stereotypes. This dynamic, even in the context of well-intended litigation, risks entrenching conditions that drive racial inequality—including the conditions that litigation is often intended to address. …

The Criminalization Of Foreign Relations, Steven Arrigg Koh

Faculty Scholarship

Overcriminalization has rightly generated national condemnation among policymakers, scholars, and practitioners alike. And yet, such scholarship often assumes that the encroachment of criminal justice stops at our borders. This Article argues that our foreign relations are also at risk of overcriminalization due to overzealous prosecution, overreaching legislation, and presidential politicization—and that this may be particularly problematic when U.S. criminal justice supplants certain nonpenal U.S. foreign policies abroad. This Article proposes three key reforms— presidential distancing, prosecutorial integration, and legislative de-escalation—to assure a principled place for criminal justice in foreign relations.

The Color Line: A Review And Reflection For Antiracist Scholars, Jasmine Gonzales Rose

Faculty Scholarship

In The Color Line: A Short Introduction, David Lyons provides a valuable service to students and academics in law, social sciences, and humanities by providing a concise history of the development and maintenance of race and racial order through law, policy, and discrimination in the United States. Lyons effectively outlines how race and racism were developed through these mechanisms in an effort to facilitate and maintain white supremacy.

Starting With Life: Murder Sentencing And Feminist Prison Abolitionist Praxis, Debra Parkes

All Faculty Publications

Advocates of decarcation often focus their critiques on imprisonment for non-violent offences. In this vein, current advocacy efforts to end mandatory sentences in Canada tend to carve out “serious violent offences” as not part of a reform agenda. In this chapter, Debra Parkes sketches out the contours of an argument for why feminists might not want to cede that ground, why anti-carceral feminism might involve centering our analysis on the most, rather than the least, serious crimes – starting with those who are serving life sentences for murder. Parkes identifies four non-exhaustive reasons for that focus. The first reason relates …

R V. Turtle: Substantive Equality Touches Down In Treaty 5 Territory, Sonia Lawrence, Debra Parkes

All Faculty Publications

Court comes to Pikangikum First Nation through the air. Judges, Crown attorneys, and defence lawyers fly into this Anishinaabe community, located 229 kilometres north of Kenora, Ontario, to hear bail, trial, and sentencing matters involving members of the community. And then they fly out. Many of those provincial court proceedings involve sentencing members of the community to jail in Kenora or to a penitentiary even further away. We suspect that s. 15 of the Charter is rarely discussed in the Pikangikum courtroom (which is sometimes a room in the business development centre and sometimes the Chinese restaurant), a reality that …

Criminal Injustice, Edward Rubin

Vanderbilt Law Review

No abstract provided.

Road To Reform: The Case For Removing Police From Traffic Regulation, Aaron R. Megar

Vanderbilt Law Review

No abstract provided.

Can Better Juries Fix American Criminal Justice?, Darryl K. Brown

Vanderbilt Law Review

No abstract provided.

Proctoring And Apps In College Algebra, Cynthia M. Shelton

Theses and Dissertations--Education Sciences

The pandemic forced more instructors and students to move to online learning. For the first time, many experienced a loosening of the reigns and were forced to allow students to submit non-proctored work. Many may have questioned what students really learned in the year 2020. Many college math course competencies emphasize procedures. Now that apps can do that for students, where does that leave math instructors? Additionally, online instruction has exploded over the last decade and has challenged the teaching of college mathematics. While online instruction opens the door to access, it does beg the question of whether students complete …

Policing In An Era Of Sousveillance: A Randomised Controlled Trial Examining The Influence Of Video Footage On Perceptions Of Legitimacy, Megan Mohler, Christopher M. Campbell, Kelsey S. Henderson, Brian Renauer

Criminology and Criminal Justice Faculty Publications and Presentations

Controversial incidents of police-citizen interactions, coupled with advancements in internet media technology has created a new dynamic of how public perceptions of the police might be influenced. This paper reports results of an experiment examining how videos of police-citizen interactions found on social media platforms might influence civilian perceptions of legitimacy and procedural justice. Using 173 randomly assigned participants and a pre/post-test design, we compare perceptual effects of positive, negative, and neutral depictions of police-citizen interactions. Results indicate all media had an effect on perceptions of legitimacy, with negative content yielding the largest effects, significantly diminishing global perceptions of legitimacy, …

Prospective Overruling Unravelled, Samuel Beswick

All Faculty Publications

Judges have a dual role: they decide cases and they determine the law. These functions are conventionally understood to be intertwined: adjudication leads to case law, and disputes over judge-made laws lead to adjudication. Because judgments involve the resolution of past disputes, judge-made law is retrospective. The retrospective nature of judicial law-making can seem to work an injustice in hard cases. It appears unfair and inefficient for novel judicial decisions to apply to conduct occurring prior to the date judgment is handed down. A proposed solution is to separate the law-making and adjudicatory functions of courts. This is the technique …

An Auditing Imperative For Automated Hiring, Ifeoma Ajunwa

Faculty Publications

The goal of this Article is neither to argue against or for the use of automated decision-making in employment, nor is it to examine whether automated hiring systems are better than humans at making hiring decisions. For antidiscrimination law, the efficacy of any particular hiring system is a secondary concern to ensuring that any such system does not unlawfully discriminate against protected categories. Therefore, the aim is to suggest collaborative regulatory regimes for automated hiring systems that will ensure that any benefits of automated hiring are not negated by (un)intended outcomes, such as unlawful discrimination on the basis of protected …

The Fantasy Of The Unchaste Mentality, Tara N. Summerville, Kevin Bennardo

Faculty Publications

For the past forty years, North Carolina’s rape-shield legislation has served as a laboratory of experimentation. Like the rape-shield legislation of every state, it generally prevents the admission of complaining witnesses’ past sexual history in sexual assault prosecutions. However, North Carolina’s rape-shield rule contains a unique exception not found elsewhere in the country. The exception, which we label the “fantasy exception,” permits the admission of a complaining witness’s past sexual behavior when it is offered as the basis of expert psychological or psychiatric opinion that the complainant fantasized or invented the charged assault.

This Article is the first to rigorously …

The End Of School Policing, Barbara A. Fedders

Faculty Publications

Police officers have become permanent fixtures in public schools. The sharp increase in the number of school police officers over the last twenty years has generated a substantial body of critical legal scholarship. Critics question whether police make students safer. They argue that any safety benefits must be weighed against the significant role the police play in perpetuating a school-to-prison pipeline that funnels Black and Brown students and students with disabilities out of schools and into courts, jails, and prisons. In suggesting remedies for this problem, commentators have proposed several regulatory fixes. These include changes to the standards for evaluating …

Predictors Of The Treatment Retention And Quality Of Recovery From Opioid Use Disorder Using Buprenorphine In Medication-Assisted Treatment: A Pilot Study Of The Effects Of Hope, Grit, And Readiness To Change, John S. Pulliam

Doctoral Dissertations and Projects

Opioid misuse remains at epidemic proportions in the United States and other countries. Buprenorphine has been found effective in treating opioid use disorder (OUD). Understanding the roles of personal characteristics and readiness to change in addiction treatment retention and quality of recovery could be beneficial in office-based medication-assisted treatment for OUD. Researchers have explored OUD treatment methods and outcomes and have examined various predictive factors in treatment results, including demographic, socioeconomic, and psychological variables. However, few characteristics have been found to be consistent indicators of treatment retention and recovery quality. The constructs of hope agency, hope pathways, grit, and readiness …

Faculty And Students’ Perceptions Toward Islamic And Law Information Resources And Services, Abdoulaye Kaba, Imad Ibraheem Mostafa

Library Philosophy and Practice (e-journal)

The purpose of this study was to investigate and understand the perceptions of faculty members and students toward Islamic and law information resources and services. The paper explored the perceptions of respondents’ toward library buildings and facilities, availability of references, provision of reference services, and digital information resources and services. A survey questionnaire was used for data collection. Respondents expressed positive perceptions toward the provision of Islamic and law information resources and services. The findings of the study supported two of the eight hypotheses and suggested the impact of respondents’ status on the perceived library buildings and facilities, and perceived …

Disbanding Police Agencies, Anthony O'Rourke, Rick Su, Guyora Binder

Faculty Publications

Since the killing of George Floyd, a national consensus has emerged that reforms are needed to prevent discriminatory and violent policing. Calls to defund and abolish the police have provoked pushback, but several cities are considering disbanding or reducing their police forces. This Essay assesses disbanding as a reform strategy from a democratic and institutionalist perspective. Should localities disband their police forces? One reason to do so is that discriminatory police departments are often too insulated from democratic oversight to be reformed. But can localities succeed in disbanding and replacing their forces with something better? Unfortunately, the structural entrenchment of …

The Final Act -- Deportation By Ice Air, Deborah M. Weissman, Angelina Godoy, Havan Clark

Faculty Publications

Deportation is a legal concept about which much has been written. But it is more complicated. For noncitizens, forced expulsion is a lived experience occurring in time and space — an act against the body, mostly black and brown bodies. In this Article, we part ways with the well-established narratives of deportation and the punishment/non-punishment paradigm to conceive of deportation not only as a legal concept, but as a physical act — the final act — that is, the culmination of the immigration enforcement dragnet. The physical removal of persons from the United States requires a complex system comprised of …

Gender Violence, The Carceral State, And The Politics Of Solidarity, Deborah M. Weissman

Faculty Publications

Part I of this Article examines gender violence committed by the State. It does so within the context of recent initiatives to address abusive police practices to demonstrate that issues of gender violence have been omitted from reform efforts. To that end, it provides a critical review of anti-carceral campaigns, including recent challenges to “stop-andfrisk” practices. Litigation addressing abusive police conduct has failed to identify stop-and-frisk as a particular form of gender violence. Similarly, community campaigns to oversee police body-worn camera policies have overlooked the differential ways in which survivors of gender violence are impacted by these police devices. This …

Electoral Change And Progressive Prosecutors, Ronald F. Wright, Jeffrey L. Yates, Carissa Byrne Hessick

Faculty Publications

While it is clear that a debate is happening about new approaches to the prosecutor's work, it is less clear how deep the changes go. Given the large number of prosecutor offices in the United States, it is possible that much of the change that the media documents is limited to only a few offices; it is also possible that newsworthy stories of recent prosecutor campaign debates are merely the most visible layer of a change that goes deeper. Do the media accounts focus on vivid but exceptional election campaigns, or do news stories over the' last decade reflect a …

School “Safety” Measures Jump Constitutional Guardrails, Maryam Ahranjani

Scholarly Works

In the wake of George Floyd's murder and efforts to achieve racial justice through systemic reform, this Article argues that widespread "security" measures in public schools, including embedded law enforcement officers, jump constitutional guardrails. These measures must be rethought in light of their negative impact on all children and in favor of more effective-and constitutionally compliant-alternatives to promote school safety. The Black Lives Matter, #DefundthePolice, #abolishthepolice, and #DefundSchoolPolice movements shine a timely and bright spotlight on how the prisonization of public schools leads to the mistreatment of children, particularly children with disabilities, boys, Black and brown children, and low-income children. …

Who Wants To Be A Prosecutor? And Why Care? Law Students' Career Aspirations And Reform Prosecutors' Goals, Shih-Chun Steven Chien, Stephen Daniels

Scholarly Works

Often called "progressive" or "reform" prosecutors, a number of reform-minded prosecutors have been elected recently across the United States-promising a distinctive vision of criminal justice and signaling that their role will be more attuned to issues of race and equity than "law and order." Furthering this vision requires dramatic changes to the working cultures-the norms, practices, and even personnel-of their offices. Diversity plays a major role.

One central challenge is identifying, attracting, and hiring newly minted lawyers who can, over time, be socialized into and sustain a changing organizational culture. This article empirically examines that challenge, which involves two sides …

Intersectionality, Police Excessive Force, And Class, Frank Rudy Cooper

Scholarly Works

Recent uprisings over the failure to hold police officers responsible for killing civilians—from Ferguson, Missouri to nationwide George Floyd protests—show the importance of excessive force as a social problem. Some scholars have launched racial critiques of policing as resulting from explicit or implicit racial bias. This Essay is the first to demonstrate that an intersectional analysis of both race and class helps explain both aggressive policing and the Court’s permissive excessive force doctrine.

This Essay identifies several take-aways from intersectionality theory’s basic insight that unique senses of self-identity and unique stereotypes form at places where categories of identity meet. First, …

Separation Of Powers Versus Checks And Balances In The Criminal Justice System: A Response To Professor Epps, Carissa Byrne Hessick

Vanderbilt Law Review

No abstract provided.