Digital Commons Network^™

An Evaluation Of The Implementation And Impact Of Restorative Practices In A Small, Rural District, Carla Miller

Doctor of Education Dissertations

This study examined the use of restorative practices in one school district. As examined in this study, restorative practices are defined as processes that precede wrongdoing in an attempt to prevent discipline offenses from occurring and processes used to respond once an offense has occurred. The purpose of the study was to examine teacher perceptions of restorative practice implementation and to examine the impacts of the implementation of restorative practices in a small, rural district. Gaining insight into successful implementation practices will assist districts that intend to implement restorative practices as an alternative to suspension. Further, knowledge gained from this …

School Resource Officers And Elementary School Patrol: A Study Of Best Practices For Training, Duties, And Memorandums Of Understanding, Lisa Duffey

Doctor of Education Dissertations

The purpose of this mixed methods study was to examine practices for school resource officers (SROs) in elementary schools to gain a compilation of best practices for this position in schools. Through this study, three district leaders, three law enforcement leaders, and 12 law enforcement officers serving in elementary schools from three school districts in North Carolina completed 10 open-ended response items and fifteen 5-point Likert scale response items. The survey instrument was constructed based on practices regarding trainings, duties, responsibilities, and memorandums of understanding (MOUs). The content validation index was utilized to measure the validity of the survey tool. …

Inadequate Training Or Inadequate Law? How American Policing And Jurisprudence Tag Team To Resist Change In Officer Training Practices, Brett Wolff

Student Works

No abstract provided.

The Effect Of Medicaid On Recidivism: Evidence From Medicaid Suspension And Termination Policies, Gultekin Gollu, Mariyana Zapryanova

Economics: Faculty Publications

Although people who go through the prison and jail system in the United States have significant health care needs, many leave it with no health insurance and, as a result, they experience gaps in access to care. Exploiting variation in Medicaid eligibility policies for incarcerated individuals across states and using administrative prison release data, we find that suspending rather than terminating Medicaid upon incarceration decreases the probability of returning to prison within 1 and 3 years of release by 2.91 and 4.58 percentage points, respectively. These effects are observed among different types of prisoners, but are greater for Black and …

Bargaining For Abolition, Zohra Ahmed

Fordham Law Review

What if instead of seeing criminal court as an institution driven by the operation of rules, we saw it as a workplace where people labor to criminalize those with the misfortune to be prosecuted? Early observers of twentieth century urban criminal courts likened them to factories. Since then, commentators often deploy the pejorative epithet “assembly line justice” to describe criminal court’s processes. The term conveys the criticism of a mechanical system delivering a form of justice that is impersonal and fallible. Perhaps unintentionally, the epithet reveals another truth: criminal court is also a workplace, and it takes labor to keep …

Combatting Ai’S Protectionism & Totalitarian-Coded Hypnosis: The Case For Ai Reparations & Antitrust Remedies In The Ecology Of Collective Self-Determination, Maurice Dyson

SMU Law Review

Artificial Intelligence’s (AI) global race for comparative advantage has the world spinning, while leaving people of color and the poor rushing to reinvent AI imagination in less racist, destructive ways. In repurposing AI technology, we can look to close the national racial gaps in academic achievement, healthcare, housing, income, and fairness in the criminal justice system to conceive what AI reparations can fairly look like. AI can create a fantasy world, realizing goods we previously thought impossible. However, if AI does not close these national gaps, it no longer has foreseeable or practical social utility value compared to its foreseeable …

Expanding Civil Rights To Combat Digital Discrimination On The Basis Of Poverty, Michele Estrin Gilman

SMU Law Review

Low-income people suffer from digital discrimination on the basis of their socio-economic status. Automated decision-making systems, often powered by machine learning and artificial intelligence, shape the opportunities of those experiencing poverty because they serve as gatekeepers to the necessities of modern life. Yet in the existing legal regime, it is perfectly legal to discriminate against people because they are poor. Poverty is not a protected characteristic, unlike race, gender, disability, religion or certain other identities. This lack of legal protection has accelerated digital discrimination against the poor, fueled by the scope, speed, and scale of big data networks. This Article …

Making Marijuana Less Illegal: Challenges For Native American Tribes Entering The Marijuana Market, Paul Mooney

South Dakota Law Review

No abstract provided.

Reflections On Teaching Constitutional Law In The Midst Of Constitutional Crisis, Sean M. Kammer

South Dakota Law Review

No abstract provided.

The Appellate Judge As The Thirteenth Juror: Combating Implicit Bias In Criminal Convictions, Andrew S. Pollis

Faculty Publications

Research has documented the effect that implicit bias plays in the disproportionately high wrongful-conviction rate for people of color. This Article proposes a novel solution to the problem: empowering individual appellate judges, even over the dissent of two colleagues, to send cases back for retrial when the trial record raises suspicions of a conviction tainted by the operation of implicit racial bias.

Factual review on appeal is unwelcome in most jurisdictions. But the traditional arguments against it, which highlight the importance of deference to the jury’s fact-finding powers, are overly simplistic. Scholars have already demonstrated the relative institutional competency of …

The United States’ Ineffective Response Towards Hong Kong’S National Security Law, Justine Yu

UC Law Journal

The city of Hong Kong has undergone a dramatic political shift in recent years. Once known as a safe haven for freedom of speech and expression,1 HK is now a place where anti-Communist Party views are suppressed under the National Security Law.2 The imposition of national security legislation over HK drew wide criticism from Western nations and pro-Democracy activists. This Note will focus specifically on the United States’ response and critique its shortcomings in response to the NSL. Because the current U.S. approach fails to achieve its desired outcome of upholding HK autonomy and democracy, this Note will also set …

Homelessness In Late Life: An Exploration Of The Lived Experience, Danielle Palmisano

West Chester University Doctoral Projects

Homelessness is a challenging, chronic public problem throughout the United States that has broad impacts on the public sector. Older adults are the largest growing segment of the population and have not been spared by this housing crisis. The experience of homelessness while aging can have negative impacts that contribute to increased healthcare costs and reduced quality of life. The purpose of this study was to gain an in-depth understanding of the lived experience of late life homelessness from the perspective of formerly homeless older adults to inform the development of a grounded theory on how the lived experience of …

Impact Of Departmental Procedural Fairness On Officer Psychological Well-Being And Engagement In Organizational Citizenship Behaviors, Jennifer Mehnert

West Chester University Doctoral Projects

Abstract

The present study investigated the impact of departmental procedural fairness on officers' psychological well-being and engagement in citizenship behaviors. An additional variable considered was the mediating impact of psychological safety on officers' psychological well-being and citizenship behaviors. The findings of this study identify internal operations of police departments as fertile ground for systemic improvements within policing.

Board Of Regents Meeting Materials, February 17, 2022, Eastern Michigan University

Board of Regents Meeting Materials

No abstract provided.

Board Of Regents Meeting Materials, December 8, 2022, Eastern Michigan University

Board of Regents Meeting Materials

No abstract provided.

De-Escalation Training, Ellia Mora

Nebraska College Preparatory Academy: Senior Capstone Projects

De-escalation training has been widely implemented by U.S. police agencies in the wake of adverse public reaction to recent controversial police use of force incidents. Despite the promotion from politicians, academics, expert panels, and the public, we are struggling to see the effects of de-escalation training on officers and police-citizen interactions. Police Brutality is classified as a situation where officers exercise undue or excessive force against a person(Amnesty International 2018). No national standard of training for police means that there is also no national standard on how police officers can be prosecuted for using lethal force improperly. This paper offers …

How Does The Foster System Connect To Juvenile Delinquency?, Mairan Rodriguez

Nebraska College Preparatory Academy: Senior Capstone Projects

Juvenile maltreatment in homes is a large factor in today’s incarcerated youth. Victims of child abuse and neglect are predominant in the foster care system. This issue has grown to where “1/4 of foster care alumni will become involved with the criminal justice system within two years of leaving care.” (Anspach, 2018). These children who experience certain maltreatment while in foster care are at an increased risk of engaging in delinquent behavior. They often move out of the welfare system into the criminal justice system.

The January 6 Insurrection And The Problem Of Constitutional Guardianship, Aziz Z. Huq

Constitutional Commentary, Vol. 37 and later (2023–present)

No abstract provided.

Crazy Story: Admission Of Guilt Or Braggadocio? Defendant-Authored Drill Lyrics As Evidence In Trials, Hugh Toner Iv

Southern Illinois University Law Journal

Rap music is a legitimate, commercially successful industry, which provides opportunities to amass or achieve wealth. Drill rap, is an internationally popular sub-genre originating from the streets of Chicago in the early 2010s. It addresses some common themes or issues seen before in previous rap songs. However, it focuses nearly exclusively on violence, crime, guns, and drugs. Furthermore, it does so in a nihilistic manner. In fact, international drill artists often wear masks to avoid being targeted. For this reason, it is easily susceptible to being misinterpreted as reality—especially on serious matters such as life, liberty, and the criminal justice …

Grand Valley Magazine, Vol. 21, No. 3, Winter 2022, Grand Valley State University

Grand Valley Magazine

Grand Valley Magazine is a quarterly publication about Grand Valley State University produced by University Communications since 2001.

Louisiana Survey 2022, Lsu Reilly Center For Media & Public Affairs

Reilly Center Louisiana Surveys

No abstract provided.

Critical Tax Theory: Combatting Racial And Income Inequality In America, Anthony Rychkov

Seattle Journal for Social Justice

No abstract provided.

Territoriality In American Criminal Law, Emma Kaufman

Faculty Articles

It is a bedrock principle of American criminal law that the authority to try and punish someone for a crime arises from the crime’s connection to a particular place. Thus, we assume that a person who commits a crime in some location— say, Philadelphia—can be arrested by Philadelphia police for conduct deemed criminal by the Pennsylvania legislature, prosecuted in a Philadelphia court, and punished in a Pennsylvania prison. The idea that criminal law is tied to geography in this way is called the territoriality principle. This idea is so familiar that it usually goes unstated. This Article foregrounds and questions …

Parole, Victim Impact Evidence, And Race, Alexis Karteron

Faculty Articles

This essay proceeds in three parts. Part I describes the parole function, focusing on the purpose and aims of parole. This Part also provides examples of the guidelines and standards, to the extent they exist, that typically underlie the parole decision- making process. Part II lays out research on the relationship between emotion and the law that suggests potential for differential treatment in the parole process on the basis of a victim's race. Lastly, Part III calls for further data collection and research into the role of race in parole decision-making. It further suggests that eliminating victim participation in parole …

Classic Revisited: How Racism Persists In Its Power, Deborah N. Archer

Faculty Articles

Book review of The Fire Next Time, by James Baldwin. New York: Dial Press. 1963 (Vintage International 1993 ed.)

Countering Capture: A Political Theory Of Corporate Criminal Liability, Jennifer H. Arlen

Faculty Articles

In order to effectively deter organizational misconduct, countries must hold companies liable for their organizational misconduct. Some scholars argue, however, that countries should not impose criminal liability on companies and instead should rely entirely on civil liability, which can impose the same sanctions on companies as criminal liability. This claim that corporate civil enforcement is as effective as criminal enforcement is incorrect because it overlooks how the choice between the two affects companies’ ability to use their political influence to undermine corporate enforcement intensity. This Article shows that eliminating federal corporate criminal liability would undermine deterrence because large corporations would …

Are Police The Key To Public Safety?: The Case Of The Unhoused, Barry Friedman

Faculty Articles

We as a nation have to think deeply about what it means for a community to be safe, and what role the police play (or do not play) in achieving that safety. We have conflated, if not entirely confused, two very different things. One is the desire to be safe, and how society can assist with safety, even for the most marginalized or least well-off among us. The other is the role of the police. Contrary to what many seem to think, the police are not a one-size-fits-all provider of public safety. In this paper, I discuss this issue in …

Policing Police Tech: A Soft Law Solution, Barry Friedman, Farhang Heydari, Max Isaacs, Katie Kinsey

Faculty Articles

Policing agencies are undergoing a rapid technological revolution. New products—with almost unfathomable capacities to collect, store, monitor, and transmit data about us— constantly are coming to market. In the hands of policing agencies, some of these products may promise real benefits to society. But too often these public safety benefits are unproven. And many of these products present real harms, including risks to privacy, freedom of speech, racial justice, and much more. Part of “public safety” is being safe from these harms as well. Despite these risks, new policing tech products continue to be adopted and deployed without sufficient (or …

What Is Public Safety?, Barry Friedman

Faculty Articles

For hundreds of years, political leaders and thinkers have deemed public safety the first duty of government. But they have defined public safety rather narrowly, primarily in terms of the “protection” function—protecting individuals from violent harm to person or property from third parties (and also from natural elements). As the first duty, the protection function is privileged. Witness today how we valorize police and other first responders, defer to their decisions without close scrutiny, and immunize them from liability for their mistakes. Yet, is protection really all there is to public safety? For most people, being safe depends on much …

Lemonade: A Racial Justice Reframing Of The Roberts Court’S Criminal Jurisprudence, Daniel S. Harawa

Faculty Articles

The saying goes, when life gives you lemons, make lemonade. When it comes to the Supreme Court’s criminal jurisprudence and its relationship to racial (in)equity, progressive scholars often focus on the tartness of the lemons. In particular, they have studied how the Court often ignores race in its criminal decisions, a move that in turn reifies a racially subordinating criminalization system. However, the Court has recently issued a series of decisions addressing racism in the criminal legal system: Buck v. Davis, Peña-Rodriguez v. Colorado, Timbs v. Indiana, Flowers v. Mississippi, and Ramos v. Louisiana. On their face, the cases teach …