Digital Commons Network^™

Crime And Unequal Punishment: Proving Discriminatory Intent In Felony Disenfranchisement, Abel Huskinson, Kaitlyn Long

Brigham Young University Prelaw Review

Felony disenfranchisement, or barring convicted felons from voting, is a punishment used in almost every state. Although states differ in their severity of felony disenfranchisement, these laws resulted in 5.1 million Americans being unable to participate in the 2020 national election. The Supreme Court found in Hunter v. Underwood that felony disenfranchisement laws would violate the Equal Protection Clause of the Fourteenth Amendment if they contained “both [an] impermissible racial motivation and racially discriminatory impact.” Recent scholarship has found felony disenfranchisement to disproportionately affect marginalized racial groups. As such, it becomes the burden of felony disenfranchisement constitutional challenges to prove …

Evaluation Of An After-School Program For African-American And Hispanic Male Youth: Please Call Me Mister, Herman Walston Edd, Angela Meshack Drph, Ashlie Smoot-Baker

Journal of Family Strengths

The novel coronavirus significantly impacted the lives of people worldwide. In the United States, the lives of children and youth were disrupted with school closures and lack of access to afterschool programs they previously attended. African American and Hispanic boys attending an after-school program in Franklin County, Kentucky, called Please Call Me Mister, were among the young people affected. A study was conducted to assess the impact of the afterschool program. The boys were surveyed at the start of the program in November 2017 and again in November 2020 to assess their injury risk, substance use, future orientation, resilience, and …

Surviving Covid19 (Increased Domestic Violence, Marginalized Communities, And Innovative Solutions), Anjerrika R. Bean

Journal of Family Strengths

Surviving COVID19 (Increased Domestic Violence, Marginalized Communities, and Innovative Solutions) Domestic violence generally refers to violence occurring between residences within one single location. Intimate partner violence is domestic violence by a current or former spouse or partner in an intimate relationship against the other spouse or partner. IPV can take several forms, including physical, verbal, emotional, economic, and sexual abuse. According to the Center for Disease Control, 1 in 4 women and 1 in 9 men experience severe intimate partner physical violence, intimate partner contact sexual violence, and/or intimate partner stalking with impacts such as injury, fearfulness, post-traumatic stress disorder, …

The Influence Of The Covid-19 Pandemic On At-Risk Populations Experiencing Stress And Family Violence: The Importance Of An Action Model., Ivor L. Livingston, Litonya S. Livingston-Doles

Journal of Family Strengths

Abstract

The paper was entitled: “The Influence of the COVID-19 Pandemic on At-Risk Populations Experiencing stress and Family Violence: The Importance of An Action Model.”

As the title of the paper indicates, the paper had an ambitious task of showing how vulnerable populations, such as African Americans, because of racism, discrimination and subsequent inequities in their life experiences (such as inadequate health care, poor working conditions, a host of underlying health conditions, and potentially greater amounts of stress) are likely to become sicker with COVID-19 (higher morbidity and mortality) and, subsequently, more likely to experience higher than normal rates of …

April 1, 2022 Ereporter, University Of Alabama At Birmingham

eReporter (campus newsletter)

No abstract provided.

The Dignitary Confrontation Clause, Erin L. Sheley

Faculty Scholarship

For seventeen years, the Supreme Court’s Confrontation Clause jurisprudence has been confused and confusing. In Crawford v. Washington (2004), the Court overruled prior precedent and held that “testimonial” out-of-court statements could not be admitted at trial unless the defendant had an opportunity to cross-examine the declarant, even when the statement would be otherwise admissible as particularly reliable under an exception to the rule against hearsay. In a series of contradictory opinions over the next several years, the Court proceeded to expand and then seemingly roll back this holding, leading to widespread chaos in common types of cases, particularly those involving …

Embracing Crimmigration To Curtail Immigration Detention, Pedro Gerson

Faculty Scholarship

Immigration advocates have long objected to both the constitutionality and conditions of immigration detention. However, legal challenges to the practice have been largely unsuccessful due to immigration law’s “exceptionality.” Placing recent litigation carried out against immigration detention during the COVID-19 pandemic within the context of the judiciary’s approach to immigration, this Article argues that litigation is an extremely limited strategic avenue to curtail the use of immigration detention. I then argue that anti-immigration detention advocates should attempt to incorporate their agenda into criminal legal reform and decarceration efforts. This is important for both movements. Normatively, immigration detention raises comparable issues: …

Bad Acts, Worse Responses: Reconsidering The Moral Foundations Of The Us Criminal Justice System, Christian N. Futch

Honors College Theses

The purpose of this paper is to evaluate the contemporary criminal justice system in the United States, offering moral and pragmatic critiques to its current construction, and proposing an alternative construction that is both more successful pragmatically and morally. In this paper, I first establish the connection between morality and the law through the consideration of jurisprudential theories of law. After arguing for this connection, I then offer critiques of the current criminal justice system in the United States. After this, I evaluate the four general theories of punishment using the scholarship of Thom Brooks, finding that retributive and deterrent …

Inside The Black Box Of Prosecutor Discretion, Megan S. Wright, Shima Baradaran Baughman, Christopher Robertson

Faculty Scholarship

In their charging and bargaining decisions, prosecutors have unparalleled and nearly-unchecked discretion that leads to incarceration or freedom for millions of Americans each year. More than courts, legislators, or any other justice system player, in the aggregate prosecutors’ choices are the key drivers of outcomes, whether the rates of mass incarceration or the degree of racial disparities in justice. To date, there is precious little empirical research on how prosecutors exercise their breathtaking discretion. We do not know whether they consistently charge like cases alike or whether crime is in the eye of the beholder. We do not know what …

Sprinting A Marathon: Next Steps For Gender Equity In Criminal Law Employment, Maryam Ahranjani

Faculty Scholarship

In an era when women’s hard-fought and hard-earned participation in the workforce is in peril, the ABA Criminal Justice Section’s Women in Criminal Justice Task Force (TF) continues its groundbreaking work of documenting challenges in hiring, retention, and promotion of women criminal lawyers. Sprinting a Marathon follows up on the initial findings of the TF as published in the Berkeley Journal of Criminal Law and the ABA Criminal Justice magazine and on the ABA Criminal Justice Section website. This Article describes the results of a survey of diverse criminal lawyers and judges conducted at the end of 2020, as well …

The Progressive Love Affair With The Carceral State, Kate Levine

Articles

A Review of The Feminist War on Crime: The Unexpected Role of Women’s Liberation in Mass Incarceration. By Aya Gruber.

Stated Culpability Requirements, Scott England

Faculty Scholarship

This Article comprehensively reviews the law of stated culpability requirements in Model Penal Code (MPC) jurisdictions. Part I provides an overview of section 2.02(4), explaining how the provision works and its role in the MPC’s culpability scheme. Part II then identifies section 2.02(4)’s main weaknesses, drawing on both the provision itself and the Code’s commentary. Next, Part III reviews the law in the twenty-five states with culpability provisions influenced by the MPC, identifying specific problems that section 2.02(4) has created in the case law. Finally, Part IV recommends new stated-culpability rules that improve section 2.02(4) and more rigorously enforce the …

Elizabeth Gibson Drinko Honors Convocation, Honors College

Honors Convocation

The Elizabeth Gibson Drinko Honors Convocation Awards Program for Spring 2022, Marshall University, Huntington, West Virginia.

Juvenile Solitary Confinement And The Eighth Amendment, Taylor R. Graves

Honors Thesis

This literature review examines the practice of juvenile solitary confinement, applies the United States Supreme Court’s Eighth Amendment jurisprudence, argues that the practice should be declared unconstitutional as a violation of the Eighth Amendment, and calls for a categorical ban. The Cruel and Unusual Punishment Clause of the Eighth Amendment states, “nor [shall] cruel and unusual punishments [be] inflicted.” U.S. Const. amend. VIII. Juvenile solitary confinement is cruel and unusual, in violation of the Eighth Amendment, because juveniles are different. The United States Supreme Court has long recognized that juveniles should not be held to the same standards of …

The Progressive Love Affair With The Carceral State, Kate Levine

Michigan Law Review

A Review of The Feminist War on Crime: The Unexpected Role of Women’s Liberation in Mass Incarceration. By Aya Gruber.

State Rejection Of Federal Law, Thomas B. Bennett

Notre Dame Law Review

Sometimes the United States Supreme Court speaks, and states do not follow. For example, in 2003, the Arizona Supreme Court agreed to “reject” a decision of the U.S. Supreme Court, because no “sound reasons justif[ied] following” it. Similarly, in 2006, Michigan voters approved a ballot initiative that, according to the legislature that drafted it, sought “at the very least[] to ‘freeze’ the state’s . . . law to prevent” state courts from following a ruling of the U.S. Supreme Court. Surprising though this language may be, there is nothing nefarious about these cases. Cooper v. Aaron this is not. Unlike …

Policing In France. Edited By Jacques De Maillard And Wesley G. Skogan. New York And London: Routledge, 2021., John P. Sullivan

Journal of Strategic Security

No abstract provided.

Fostering Equity And Accountability In Georgia’S Criminal Legal System Through Conviction Integrity Reforms, E. Addison Gantt, Meagan R. Hurley

Mercer Law Review

An often-quoted excerpt from Berger v. United States sums up the role of a prosecutor in the criminal legal system. The context is the federal system, but it applies across the board. It begins by explaining the duty of a prosecutor: to represent the sovereign, “whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done.”2 Then, it turns to the real-world application of that role, instructing that prosecutors should present their cases with …

The Possibility Of Special Verdicts By Court-Martial Panels, Christopher D. Carrier

Montana Law Review

No abstract provided.

Trade Secrecy And Innovation In Forensic Technology, Eli Siems, Katherine J. Strandburg, Nicholas Vincent

UC Law Journal

Trade secrecy is a major barrier to public scrutiny of probabilistic software tools that are increasingly used at all stages of the criminal system, from policing and investigation through trial and sentencing. Such tools allow prosecutors to leverage imperfect forensic evidence, such as DNA mixtures, smudged fingerprints, and grainy video footage. Probabilistic software tools unavoidably rely on potentially contestable assumptions, parameters, and implementation choices. Judicially recognized trade secrecy in criminal cases impedes scrutiny of these tools by defendants and the public. Previous critics have focused on secrecy’s potential to undermine the integrity and fairness of the criminal justice system, invoking …

Factors For Thriving In Law Enforcement, Kelly K. Wedley

Doctor of Education (Ed.D)

The purpose of this non-experimental and quantitative study was to evaluate the degree to which law enforcement officers perceive themselves as thriving. The sample for this study was convenient, non-probable, and purposive and comprised of 214 law enforcement officers from one large law enforcement agency in the State of Florida. The study’s researcher-constructed survey instrument was determined to be internally consistent and reliable. A one sample t-test was used to assess the statistical significance of study participant mean score response to perceptions of thriving and the results were statistically significant. The use of between-subjects analytic techniques was used to compare …

2021-2022 Lindenwood University Honors Convocation, Lindenwood University

Honors Convocation Programs

2021-2022 Lindenwood University Honors Convocation

What Are The Factors Affecting African American High School Students' Decision For Applying To The University Of Central Florida?, Janet Martin

Dissertations

The number of African Americans enrolling in higher education has seen a steady decrease in recent years due to factors that act as barriers. This study examined these factors and their influence based on the students’ perspectives. The study design was based on the post-positivist paradigm and the quantitative methodology was used. Urban high school students were surveyed to determine their thoughts on the barriers they experienced as they applied to college. The Google survey included sixteen questions that required yes/no responses, Likert-scale responses, and short responses. The data were analyzed using logistic regression and Chi-square analysis. The results showed …

Understanding The Relationship Between Black Chicago Youth And Chicago Drill Music Culture, Dan'iel Tamirra Kendricks

Dissertations

Chicago is most noted as a beautiful, Midwestern city, set to the backdrop of Lake Michigan, with skyscrapers and the bustling energy of the downtown Magnificent Mile. The “Tale of Two Cities,” Chicago is a city full of hope, opportunity, and potential for some, but a city plagued with poverty, violence, disinvestment, and hopelessness for others. There has been a significant increase in the awareness of the violence happening across Chicago. The emergence of social media has provided a direct and unfiltered view of the reality of violence the city has faced on an ongoing basis. Crimes such as shootings, …

Children Sentenced To Die In Prison: Why A Lifetime Behind Bars Is No Longer Justified For Juvenile Offenders, Logan Moore

Missouri Law Review

Brett Jones turned fifteen years old the summer before he was set to start high school. Twenty-three days later, he was arrested and charged as an adult. Now, he will spend the rest of his life behind bars. In the United States, a fifteen-year-old child cannot legally vote, drink alcohol, or – in most states – drive a car without adult supervision. That same fifteen-year-old, however, who is not considered responsible enough to buy a ticket to an R-rated movie, may be sentenced to life in prison without the opportunity for parole (“LWOP”). Not only is the United States the …

Behavioral Health Workforce & Education Training At The University Of Dayton, Susan C. Davies, Elana Bernstein, Angela Kladias, Meredith Montgomery

Counselor Education and Human Services Faculty Publications

The University of Dayton (UD) developed a Behavioral Health Workforce and Education Training (BHWET) program in response to a Health Resources and Services Administration (HRSA) call for proposals. The university was awarded $1.92 million across four years to provide interprofessional education and practice (IPEP) opportunities to students in four of their graduate programs: school psychology, clinical mental health counseling, school counseling, and clinical psychology. This collaborative training initiative emphasizes interprofessional training and education for students, faculty, staff, and community partners. The BHWET program encompasses three primary goals: 1) increase access to healthcare services for underserved youth populations; 2) address sparsity …

The Constitutional Right To An Implicit Bias Jury Instruction, Colin Miller

Faculty Publications

The Supreme Court has gone to great lengths to prevent jurors from holding defendants’ silence against them. In a trilogy of opinions, the Court concluded that when a defendant refrains from testifying, (1) the prosecutor and judge cannot make adverse comments about that decision; (2) the judge can give a “no adverse inference” instruction even over a defense objection; and (3) the judge must give a “no adverse inference” instruction upon a defense request. Conversely, the Court has never ruled that jurors can impeach their verdict based upon jurors holding a defendant’s silence against him, and lower courts have ruled …

Fact Book, Academic Year 2021, Uno Office Of Institutional Effectiveness

Fact Book

The Fact Book presents important campus information in data tables and charts. Included are details regarding students, faculty, staff, and alumni. Generally, data are broken out by college, rank, level, gender, age and ethnicity for both spring and fall semesters, past to present. There are a few academic year tables that include information on tuition & fees, student credit hours by program, and degrees conferred. We wish to thank the many individuals and departments at the University for their contributions to the Fact Book.

Family Support Evaluation Fy 2017-2021, Julie D. Garman, Anne M. Hobbs, Erin Wasserburger, Juvenile Justice Institute, University Of Nebraska At Omaha

Reports

Evidence-Based Nebraska.

Family Support programs are prevention-focused efforts that seek to improve upon family function and communication through referrals and interactions with youth and families in Nebraska. Youth and families are referred for various reasons and community-based programs respond to these youth and family needs in a variety of ways, depending upon their individual needs and involve organizations throughout the community as needed. Through interviews with Family Support staff and directors, we learned that programs take different approaches to providing services to youth and families that are individualized to address emergent issues. Youth and families are commonly referred to the …

The Influence Of Integrated Behavioral Health Primary Care Setting On The Utilization Of Mental Health Services And Depression Treatment Response Among Men, Tendai Masiriri

Dissertations

The 2010-2013 National Health Interview Survey showed that nearly 9% of men had daily feelings of anxiety or depression, yet less than 41% sought help for their symptoms (Blumberg et al., 2016). Men are more reluctant than women to seek help (Angst et al., 2002; Brownhill et al., 2005). The failure to seek help among men is associated with multiple factors related to stigma and gender, yet male suicide rates are approximately 3-5 times higher than their female counterparts. However, they have a higher likelihood of seeking help from a medical provider rather than a mental health provider. If men …