Digital Commons Network^™

Criminal Disenfranchisement In State Constitutions: A Marker Of Exclusion, Punitiveness, And Fragile Citizenship, Nora V. Demleitner

Lewis & Clark Law Review

Many states prominently include criminal disenfranchisement provisions in their constitutions, which powerfully, and more permanently than state laws, convey the states’ values. These provisions also underscore the ease with which the protected status of citizenship, most pronounced in the right to vote, can be lost. Using the debate in Virginia over how to change the state’s constitution to limit disenfranchisement as a starting point, this Article highlights the need for inclusive voting provisions in state constitutions to reflect a broad conception of citizenship rights and the expansion of the franchise over the last century. Reform demands must be seen in …

One Step Further For Protection: Why Oregon Should Adopt Additional Requirements For The Appointment Of Counsel To Youths Accused Of Crime, Ivy-Rose Kramer

Lewis & Clark Law Review

Current procedures for interrogating and investigating youths accused of crime do not provide sufficient protection for youths and their rights. Oregon should follow the example of other states that have adopted greater protections for youths—beyond what the Constitution currently requires. Specifically, Oregon should enact legislation that would provide counsel to youths who are (1) detained and being investigated based on probable cause of criminal activity; (2) undergoing custodial interrogation; and (3) in possession of property law enforcement wishes to search. This consultation with counsel should not be waivable. Such a law would counteract the harmful effects of disparate treatment and …

Set Up To Fail: Youth Probation Conditions As A Driver Of Incarceration, Jyoti Nanda

Lewis & Clark Law Review

Youth probation is the most common form of punishment for youth in the United States criminal legal system, with nearly a quarter of a million youth currently under supervision. Yet the role youth probation conditions play in the incarceration of youth has not been the focus of legal scholarship. Youth probation is a court-imposed intervention where young people remain at home under the supervision of a youth probation officer and are required to adhere to probation conditions, rules, and court-ordered conditions. The orders rely on standardized terms on youth probation condition forms. This is the first scholarly Article to excavate …

Legal Liability For Artificially Intelligent "Robot Lawyers", Michael Loy

Lewis & Clark Law Review

This Comment discusses liability for the use of autonomous “robot lawyers” in the practice of law. A “robot lawyer” is an artificially intelligent (AI) software program that performs legal tasks traditionally handled by lawyers. Law firms currently use “non-autonomous” robot lawyers that operate under the supervision of a human attorney to assist in legal research, e-discovery, and contract drafting. In the future, “autonomous” robot lawyers that operate without human oversight may one day represent clients. However, courts and legislatures have not determined who will be liable for errors, omissions, malpractice, or other harms caused by autonomous robot lawyers. This Note …

Self-Efficacy And Job Satisfaction As Predictors Of Burnout Among School Psychologists In The Midwest United States, Elizabeth Mcknight-Romney

Dissertations

Problem

The concept of burnout is expressed as a syndrome evidenced by chronic exhaustion, depersonalization, and a lack of personal accomplishment. Burnout or work burnout syndrome is conceptualized as a prolonged process of emotional fatigue, involving loss of motivation and expectations, generating a feeling of failure affecting personal, work, and social levels (Maslach et al., 2001). Victims of burnout usually become exhausted, cynical about work-related matters, and question their capacity or ability to perform. Job burnout includes feeling exhausted physically, emotionally, and or mentally in the context of work (Maslach & Jackson, 1981). The demanding profession of school psychology has …

Race And Guns, Courts And Democracy, Joseph Blocher, Reva B. Siegel

Faculty Scholarship

Is racism in gun regulation reason to look to the Supreme Court to expand Second Amendment rights? While discussion of race and guns recurs across the briefs in New York State Rifle and Pistol Association v. Bruen, it is especially prominent in the brief of legal aid attorneys and public defenders who employed their Second Amendment arguments to showcase stories of racial bias in the enforcement of New York’s licensing and gun possession laws. Because this Second Amendment claim came from a coalition on the left, it was widely celebrated by gun rights advocates.

In this Essay we address issues …

A Restatement Of Corporate Criminal Liability’S Theory And Research Agenda, Samuel W. Buell

Faculty Scholarship

This Article, for a collection in which authors were asked to “imagine a world without corporate criminal liability,” specifies the material questions that should be addressed if debate about the doctrine is to progress past longstanding and oft-repeated assertions. The strongest case for corporate criminal liability is based on the potential for its unique reputational effects to contribute to the prevention and deterrence of crime within corporations. Further research should take up a variety of unanswered questions about those effects having to do with mechanisms and audiences. The relevant inquiries are both theoretical and empirical. Answers will lie in further …

The Importance Of Race, Gender, And Religion In Naturalization Adjudication In The United States, Emily Ryo, Reed Humphrey

Faculty Scholarship

This study presents an empirical investigation of naturalization adjudication in the United States using new administrative data on naturalization applications decided by the U.S. Citizenship and Immigration Service (USCIS) between October 2014 and March 2018. We find significant group disparities in naturalization approvals based on applicants’ race/ethnicity, gender, and religion, controlling for individual applicant characteristics, adjudication years, and variation between field offices. Non-White applicants and Hispanic applicants are less likely to be approved than non-Hispanic White applicants, male applicants are less likely to be approved than female applicants, and applicants from Muslim-majority countries are less likely to be approved than …

Forensic Science In Legal Education, Brandon L. Garrett, Glinda S. Cooper, Quinn Beckham

Faculty Scholarship

In criminal cases, forensic science reports and expert testimony play an increasingly important role in adjudication. More states now follow a federal reliability standard, following Daubert v. Merrell Dow Pharmaceuticals and Rule 702, which calls upon judges to assess the reliability and validity of such scientific evidence. Little is known about what education law schools provide regarding forensic and scientific evidence or what types of specialized training they receive on scientific methods or evidence. Whether law schools have added forensic science courses to their curricula in recent years was not known. To better understand the answers to those questions, in …

Models Of Bail Reform, Brandon L. Garrett

Faculty Scholarship

Bail reform is an urgent topic in the United States and internationally, but what constitutes reform and how to accomplish reform goals is contested. Jails are a modern epicenter of incarceration, with a stunning growth in American jail populations over the past four decades despite declines in both arrests and crime. As many as sixty percent of the half million people currently in jails have not been convicted but are instead detained pretrial. Prior waves of bail reform produced a system largely reliant on secured bonds, which require up-front cash payments to avoid jail time before trial. More recent reform …

Barriers To Entry And Justice Ginsburg’S Criminal Procedure Jurisprudence, Lisa Kern Griffin

Faculty Scholarship

In her nearly thirty years on the United States Supreme Court, Justice Ruth Bader Ginsburg issued momentous decisions and significant dissents concerning constitutional guarantees of equality. She is best known for her leadership – as an advocate, scholar, judge, and justice – on issues of gender discrimination. Although one might expect related commitments to civil liberties to shape cases concerning the criminal justice process, Justice Ginsburg’s mark on constitutional criminal procedure appears comparatively faint.

Brief Of R. Michael Cassidy, Nora Freeman Engstrom, Bruce A. Green, Peter A. Joy, Geovanny E. Martinez, Veronica Root Martinez, Richard W. Painter, W. Bradley Wendel, Ronald F. Wright, And Ellen C. Yaroshefsky As Amici Curiae In Support Of Petitioner, R. Michael Cassidy, Nora Freeman Engstrom, Bruce A. Green, Peter A. Joy, Geovanny E. Martinez, Veronica Root Martinez, Richard W. Painter, W. Bradley Wendel, Ronald F. Wright, Ellen C. Yaroshefsky

Faculty Scholarship

No abstract provided.

Toward An Optimal Decarceration Strategy, Ben Grunwald

Faculty Scholarship

With mounting support for dramatic criminal justice reform, the question is no longer whether we should decarcerate American prisons but how. This question is far more complicated than it might seem. We could cut the prison population in half, for example, by drastically shortening sentences. Or we could reduce prison admissions. Or we could do both. And we could do either or both for countless combinations of criminal offenses. Moreover, even when they reach the same numeric target, these strategies are not equivalent. They would have vastly different consequences for both prisoners and the public, and widely varying timeframes to …

Put Down The Phone! The Standard For Witness Interviews Is In-Person, Face-To-Face, One-On-One, Sean O'Brien, Quinn O'Brien, Dana Cook

Faculty Works

Professor and capital defense attorney Sean O’Brien, private investigator Quinn O’Brien, and mitigation specialist Dana Cook team up in this article to explain why the standard for competent defense investigation requires face-to-face, one-on-one, culturally competent client and witness interviews, and why short cuts to investigation, such as telephone calls or remote video links, are counter-productive, prone to failure, and constitute substandard work. Although the primary focus of this article is on standards that apply to capital mitigation work, the problems created by remote witness interviews are not unique to death penalty work; there are persuasive arguments and authority that the …

Annual Report Of The Cohort 3 Tpsid Model Demonstration Projects (Year 1, 2020–2021), Meg Grigal, Debra Hart, Clare Papay, Belkis Choiseul-Praslin, Rebecca Lazo

Benerd College Faculty Articles

Think College REPORTS present descriptive data in narrative and tabular form to provide timely information to researchers, practitioners, and policymakers for review and use. This report provides program- and student-level data reported by TPSIDs (Transition and Postsecondary Programs for Students with Intellectual Disabilities) during the 2020-2021 academic year. Program data reflect program characteristics, academic access, supports for students, and integration of the program within the institute of higher education during the first year of FY 2020-2025 funding. This report also provides information on the strategic partnerships and financial sustainability of TPSID programs. Student data reflect study demographics, course enrollments, employment …

Age-Related Microaggressions: A Descriptive Study, Luke J. Gietzen

All Graduate Theses, Dissertations, and Other Capstone Projects

The aim of this study was to expand the literature on ageism and microaggressions by defining a novel concept called an age-related microaggression. Participants (n = 51) were presented with explanations of gender and racially charged microaggressions and then were asked whether they had ever had an experience like that but related to their age. Participants described experiences of age-related microaggressions and were further guided through a series of questions via an online survey to determine the topography of the age-related microaggressions, emotional and behavioral reactions to being victimized, perpetrators and settings of the attacks, and perceived intent. A thematic …

แนวทางการเพิ่มประสิทธิภาพของการบังคับใช้พระราชบัญญัติป้องกันและปราบปราม การมีส่วนร่วมในองค์กรอาชญากรรมข้ามชาติ พ.ศ. 2556, สุมนทิพย์ จิตสว่าง, นัทธี จิตสว่าง, แสงโสม กออุดม

Journal of Social Sciences

งานวิจัยเรื่อง “แนวทางการเพิ่มประสิทธิภาพของการบังคับใช้พระราชบัญญัติป้องกันและปราบปรามการมีส่วนร่วมในองค์กรอาชญากรรมข้ามชาติ พ.ศ. 2556” มีวัตถุประสงค์เพื่อศึกษาแนวทางการบังคับใช้กฎหมายของต่างประเทศในการป้องกันปราบปรามองค์กรอาชญากรรมข้ามชาติ ประเมินผลการดำเนินงานและผลกระทบของการบังคับใช้ รวมทั้งปัญหาอุปสรรคของหน่วยงานในกระบวนการยุติธรรมและหน่วยงานที่เกี่ยวข้องต่อการบังคับใช้พระราชบัญญัติป้องกันและปราบปรามการมีส่วนร่วมในองค์กรอาชญากรรมข้ามชาติ พ.ศ. 2556  อันนำมาสู่การเสนอแนะแนวทางการเพิ่มประสิทธิภาพของการบังคับใช้พระราชบัญญัติฉบับนี้ โดยเป็นการวิจัยเชิงผสมผสานระหว่างการวิจัยเชิงปริมาณและการวิจัยเชิงคุณภาพ ผลการศึกษาพบว่าการบังคับใช้พระราชบัญญัติฉบับนี้มีประสิทธิภาพในด้านคุณภาพของการนำมาใช้ โดยสามารถเป็นเครื่องมือในการป้องกันและปราบปรามการกระทำผิดขององค์กรอาชญากรรมข้ามชาติขนาดใหญ่ที่ส่งผลกระทบมูลค่ามหาศาล บรรลุเจตนารมณ์ของกฎหมายในการลงโทษองค์กรอาชญากรรมข้ามชาติ ข้อเสนอแนะที่สำคัญ ได้แก่ การกำหนดนโยบายในการนำพระราชบัญญัติฉบับนี้มาใช้อย่างจริงจัง การจัดทำคู่มือการปฏิบัติงานควบคู่กับการสร้างความรู้ความเข้าใจแก่เจ้าหน้าที่ผู้เกี่ยวข้อง และการจัดตั้งหน่วยงานกลางทำหน้าที่ใน  การตรวจสอบคดีที่เกี่ยวข้องกับองค์กรอาชญากรรมข้ามชาติ เป็นต้น

2022 Warbler, Eastern Illinois University

The Warbler

The 2022 Warbler, yearbook of Eastern Illinois University.

Theorizing Failed Prosecutions, Jon B. Gould, Victoria M. Smiegocki, Richard A. Leo

Journal of Criminal Law and Criminology

Over the last twenty years, the scholarly field of erroneous convictions has skyrocketed, with multiple articles and books exploring the failures that convict the innocent. However, there has been comparatively little attention to the other side of the coin, failed prosecutions, when the criminal justice system falls short in convicting the likely perpetrator. In this Article, we take up an analysis of failed prosecutions, simultaneously seeking to define its breadth and explain its relation to erroneous convictions. We explore potential hypotheses for the existence of failed prosecutions and then compare those theories to a set of failed prosecutions compiled from …

U.S. Hate Crime Trends: What Disaggregation Of Three Decades Of Data Reveals About A Changing Threat And An Invisible Record, Brian Levin, James Nolan, Kiana Perst

Journal of Criminal Law and Criminology

When prejudice-related data are combined and analyzed over time, critical information is uncovered about overall trends, related intermittent spikes, and less common sharp inflectional shifts in aggression. These shifts impact social cohesion and grievously harm specific sub-groups when aggression escalates and is redirected or mainstreamed. These data, so critical to public policy formation, show that we are in such a historic inflection period now. Moreover, analysis of the latest, though partial Federal Bureau of Investigation hate crime data release, when overlaid with available data from excluded large jurisdictions, reveals hate crimes hit a record high in 2021 in the United …

Exploring Race And Racism In The Law School Curriculum: An Administrator's View On Adopting An Antiracist Curriculum, Amy Gaudion

Faculty Scholarly Works

This article provides a candid assessment of the demanding, and rewarding, work that is required to put into action the written words of institutional support for implementing an Antiracist curriculum. This article starts by describing the two Penn State Dickinson Law faculty resolutions that committed the faculty to condemn racism and bias against our Black and Brown brothers and sisters, while committing to teach and learn according to Antiracist pedagogy and best practices. It then describes the resolve to become Antiracist teachers, discusses the investments in curricular policy and reform, and details the bureaucratic processes to accomplish the following: adding …

Is Juvenile Probation Obsolete? Reexamining And Reimagining Youth Probation Law, Policy, And Practice, Patricia Soung

Journal of Criminal Law and Criminology

The dramatic growth of prison populations in the United States during the latter half of the twentieth century, as well as the problems of over-policing and police misconduct, have been well documented and decried.¹ But the related expansion and problems of community supervision receive far less attention. Across the nation, reform efforts have increasingly included a focus on probation, especially juvenile probation, as an actor that both jails and polices youth in the community while also trying to rehabilitate them and promote their well-being. This Article studies the juvenile probation system, with a focus on California as one important …

Pick The Lowest Hanging Fruit: Hate Crime Law And The Acknowledgment Of Racial Violence, Jeannine Bell

Journal of Criminal Law and Criminology

The U.S. has had remedies aimed at racial violence since the Ku Klux Klan Act was passed in the 1870s. Hate crime law, which is more than thirty years old, is the most recent incarnation. The passage of hate crime law, first at the federal level and later by the states, has done very little to slow the rising tide of bigotry. After a brief discussion of state and federal hate crime law, this Article will critically examine the country’s approach to hate crime. The article will then discuss one of the most prevalent forms of hate crime—bias-motivated violence that …

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

Emory Law Journal

This Article contextualizes the police defunding movement and the backlash it has generated. The defunding movement emerged from the work of Black-led activists to reassert democratic control over policing and shift resources to social service agencies and other institutions serving community needs. In reaction, states have enacted anti-defunding bills checking local government reduction of law enforcement budgets. These anti-defunding measures continue a long tradition of state and federal control over local police spending, subverting local democratic control over police agencies. These limits include direct legal constraints on local police spending and indirect constraints through grants and authorization to collect fines, …

Creating An Impossible Burden: State Ex Rel. Becker V. Wood And Prosecutorial Vindictiveness, Rachael Moore

Missouri Law Review

In the American criminal justice system, prosecutors have an enormous amount of discretion and power. With dockets growing more cramped, prosecutors often use threats of harsher charges and sentences to deter defendants from exercising their right to a jury trial or an appeal. Prosecutors can also wield this power for purely vindictive or retaliatory purposes, as one prosecutor noted when reflecting on his career: Sometimes a public defender or a defense lawyer will just try and bust your ass all the time. Frankly, you end up busting theirs back. You get irritated, but you try not to take it out …

Front Matter

SMU Annual Texas Survey

No abstract provided.

"You Wanna Play Rough?": The Unlikely Partnership Of The Italian Mafia And Butch Lesbians In Greenwich Village, 1945-1968, Alison Jean Helget

Master's Theses or Doctor of Nursing Practice

During economic and political upheaval in Europe beginning in the late-1910s and dramatically progressing throughout the 1920s, young Italian men emigrated to the United States to earn decent salaries to bring back to their families across the ocean. However, some single men embraced the opportunities of New York City and its diversified neighborhoods. Since xenophobic sanctions forced disenfranchised minorities into confined spaces and immigrants tended to find comfort settling in neighborhoods with well-established ethnic enclaves, this pushed Italian immigrants into the same space as butch lesbians in a counterculture place referred to as Greenwich Village on the west side of …

How False Accusations Of Rape And Domestic Violence Affect The Lives Of Black Male Athletes: Analysis Of A Flawed Title Ix, Nichelle Womble

Florida Entertainment and Sports Law Review

How do you put a price on the aftermath of false criminal accusations? False accusations of domestic violence and sexual assault or misconduct, including false rape accusations, continue to affect the lives of Black athletes. When someone is falsely accused, there is a chance of loss of time to live life, scholarships, loss of employment, and so much more. However, the only recourse falsely accused individuals have are civil suits for libel or slander or Title IX lawsuits. Yet, these options are not enough as it does not rectify the damage caused. For these reasons, this Essay will be split …

The Few Among The Many: Women's Labour In British Guiana Prisons, 1838-1917, Estherine Gwendoline Adams

Electronic Theses and Dissertations

This dissertation examines the history of incarceration in British Guiana between 1838 and 1917 with emphasis on the interconnections between the colony’s burgeoning carceral apparatus and the life and labour of women. It highlights the intersection of coerced labour and colonialism in the colony in the post-emancipation period, by centering the lives of incarcerated women to understand the nature of state governance and the use of labour in this colonial spaces. I argue the plantocracy leveraged the expansion of the penal apparatus not to control crime but to control labour.

Tracing the use of prisons in the colony, I demonstrate …

The Relationship Between Ethnicity, Immigrant Generation, & Delinquency: Examining Youth In Child Protective Services., Erin Leigh Geist

Electronic Theses and Dissertations

Although minority youth are overrepresented in the makeup of the welfare and juvenile justice system, there is a lack of research that examines dually-involved youth. In recent years, there has been an escalation in the number of Hispanic youth that have become involved in the child welfare system, including youth that identify as Hispanic immigrants. This study uses nationally representative data of children receiving welfare services to examine the relationship between ethnicity, immigrant generation, and delinquency. The results of binomial regression models illustrated that there was no effect of Hispanic ethnicity or immigrant generation on delinquency. However, the analysis provided …