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Race In Washington’S Juvenile Legal System: 2021 Report To The Washington Supreme Court, Task Force 2.0 Juvenile Justice Subcommittee

Seattle University Law Review

Part I of this report provides the core work of the subcommittee and is intended to function as a stand-alone document, expressed in youth- friendly language, that sets forth: (1) the youth-articulated goals for systemic change to the juvenile legal system; (2) a narrative of how the system currently works and the harms caused; and (3) the change needed to bring about the youth-articulated goals for systemic change. This document is intended to be a youth-centered blueprint for change—a tool for community advocates, a framework for policy makers, and a call-in to the many institutional actors to center the leadership …

Implementation Of A Tactical Dispatcher Team: The Critical Incident Support System, Kaitlin Durband

Research Papers

A Tactical Dispatch Team is comprised of highly skilled and trained 911 telecommunicators with experience in police, fire, and EMS dispatching. Tactical Dispatch Team members will participate in various training courses and in real-life staged scenarios. Tactical Dispatchers know what and when to document vital information and what data could later be needed in court (Tactical Dispatcher, n.d.). Any incident can turn from calm and simple to chaotic and complex. The Tactical Dispatch Team is a major support system for first responder personnel.

Lawyers And The Lies They Tell, Bruce A. Green, Rebecca Roiphe

Faculty Scholarship

The law holds lawyers to a more demanding standard of conduct than others when it comes to aspects of their fiduciary relationships with courts and clients. For instance, states can sanction lawyers for some speech inside a courtroom that would be protected if uttered by a non-lawyer. This Article explores whether lawyers’ free speech rights should also be different from those of other speakers when lawyers, acting on their own behalf, participate in political discourse. Applying the current First Amendment framework, the authors question the bar’s assumption that, simply because lawyers are subject to rules of professional conduct, courts can …

Is Cognitive Behavioral Therapy Effective For Reducing Recidivism In Offenders?, Jordanne Miller

Research Papers

No abstract provided.

Wrongful Imprisonment And Coerced Moral Degradation, G. Alex Sinha, Janani Umamaheswar

Hofstra Law Faculty Scholarship

Despite the ever-growing number of exonerations in the U.S.— and the corresponding surge in scholarly interest in wrongful convictions in recent years—research on the carceral experiences of wrongfully-convicted persons remains strikingly limited. In this essay, we draw on in-depth interviews with 15 exonerated men to explore the moral dimensions of the experience of wrongful imprisonment. We argue that imprisonment entails what we refer to as “coerced moral degradation,” whereby innocent men’s self-preservation efforts in prison require them to feign being—and at times actually become— morally worse people. We argue that these findings speak to the fundamental question of what the …

The Elephant In The Room In Clinical Scholarship: Ethical Guardrails And Case Histories, Theo Liebmann, Stefan H. Krieger

Hofstra Law Faculty Scholarship

Lawyers know how to tell a good story and are expected, encouraged, and even ethically required to use that skill on behalf of their clients. More and more, lawyers and legal academics are now using their clients' stories to advance goals that go far beyond achieving a client's objectives: exposing inequities with regard to access to justice; educating the public about the functioning and limitations of the legal system; raising the quality of lawyering; and improving our system of legal education. Unfortunately, the increase in the use of case histories to achieve such laudable goals has not been paired with …

Use Of Force By Correctional Officers: A Test Of General Strain And Scial Bond Theories, Benjamin Hixon

All ETDs from UAB

Use of force in corrections is significantly less studied when compared to other fields, such as policing. This is a problem as unnecessary and unjustified use of force in corrections needlessly raises the violence level in correctional facilities, which endangers persons in custody and correctional officers alike. The current study examines use of force in corrections using a theoretical approach. First, Robert Agnew’s general strain theory is applied to understand use of force encounters between persons in custody and correctional officers. Second, Travis Hirschi’s social bond theory is used to investigate whether certain social bonds may relate to reductions in …

Correlates Of Early Adversity In Children And Adolescents: Examining The Interrelatedness Of Aggression, Post-Traumatic Stress, And Suicidal Behaviors, Elizabeth Mcrae

All ETDs from UAB

The negative outcomes associated with adverse childhood experiences, especially child maltreatment ACEs (CM-ACEs), often emerge concomitantly with these experiences and have cascading negative effects across the lifespan. For example,childhood aggression, post-traumatic stress, and suicidal behaviors have all been identified as negative sequelae of CM-ACEs. They have been associated with each other, as well, and share several common underlying mechanisms. Thus, it might be that these outcomes collectively exacerbate the risk of experiencing negative effects of CM-ACEs, yet most existing research has examined these risk factors independently. Moreover, these outcomes often emerge early in development, yet most related research has been …

The Effects Of Charity Hospital Privitization And Medicaid Expansion On Medicaid Patient Emergency Department Utilization In Louisiana, Sean M. Prados

All ETDs from UAB

Two significant events transpired in Louisiana that had sweeping changes for the healthcare system between 2013 and 2016: (1) the privatization of the nation's only stateowned Charity Hospital System via cooperative endeavor agreements with local, private hospitals known as public-private-partnerships (PPP), and (2) the implementation of Medicaid expansion, referred to as implementation of the Affordable Care Act (ACA). Either event independently could have had significant utilization and financial implications for hospitals. This retrospective, quasi-experimental research implemented a generalized estimating equation (GEE) analysis to examine the effects of PPP and ACA on Medicaid patient emergency department utilization by PPP hospital designation, …

Willard Hurst's Unpublished Manuscript On Law, Technology, And Regulation, Bj Ard, William J. Novak

Other Publications

It is with a great deal of excitement ( and with thanks to so many contributing colleagues and collaborators over the years ) that we are able to present to the public for the first time a newly published work by one of the great originators of modem legal history and law and society scholarship-James Willard Hurst. Hurst published his last two books, Law and Markets in United States History and Dealing with Statutes, in 1982. And, fittingly, he published his last substantive article--.-a very short comment on "The Use of Case Histories"-in the Wisconsin Law Review in 1992. In …

Hot Topics In Criminal Justice 2020: A Pandemic Time Capsule., Ryan Kellus Turner, Elizabeth Rozacky

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

White Paper: Effective Communication With Deaf, Hard Of Hearing, Blind, And Low Vision Incarcerated People, Tessa Bialek, Margo Schlanger

Other Publications

Tens of thousands of people incarcerated in jails and prisons throughout the United States have one or more communication disabilities, a term that describes persons who are deaf, hard of hearing, blind, low vision, deaf-blind, speech disabled, or otherwise disabled in ways that affect communication. Incarceration is not easy for anyone, but the isolation and inflexibility of incarceration can be especially challenging, dangerous, and further disabling, for persons with disabilities. Correctional entities must confront these challenges; persons with communication disabilities are overrepresented in jails and prisons and the population continues to grow. Federal antidiscrimination law obligates jails and prisons to …

Mich. Ruling Widens Sentencing Protections For Young Adults, Kimberly A. Thomas

Other Publications

On July 28, the Michigan Supreme Court held that the mandatory imposition of a life-without-parole sentence on an 18-year-old violated the state constitution.

This decision expands the protections provided for young defendants by the U.S. Supreme Court in Miller v. Alabama and builds on a nascent trend that provides additional constitutional and statutory protections for young people over 17 years old who are charged with serious offenses.

The Hidden Harms Of Privacy Penalties, Mary D. Fan

Articles

How to frame privacy penalties to protect our personal information is an important question as demands for legislation and proposals proliferate. The predominant assumption in calls for a comprehensive consumer privacy regime is that regulation and penalties arm the consumer David against Goliath businesses. Missing in the focus on powerful companies is attention to the potential harms of expanding privacy penalties for small-fry individuals and entities, especially from disfavored or marginalized groups. This article is the first to illuminate the regressive risks of privacy penalties, showing how broad privacy penalties can become tools for harassment of small businesses and individuals …

Improper Distinction Under The Ada Leads To An Irrational Outcome: Favoring One Life Over Another, Daniel Frederick Parise

Touro Law Review

Society has a distorted view of those battling addiction and essentially marks them with a sign of disgrace; however, what society may not fully understand is that addiction is a disability beyond the afflicted individual’s control. The National Survey on Drug Use and Health indicates that 19.7 million Americans have battled a substance use disorder in their life. Of the 19.7 million Americans who battled illicit substance use disorders, approximately seventy-four percent also struggled with alcohol use disorder.

Based on these statistics, it is clear that illicit drug use disorders are often interconnected with alcohol use disorders. However, Congress makes …

You Have The Right To Remain Silent, And It Can And Will Be Used Against You: Addressing Post-Arrest Pre-Miranda Silence, Maria P. Hirakis

Touro Law Review

The right to remain silent has long been recognized by the Supreme Court as requiring a high degree of protection. Since Miranda v. Arizona was decided in 1966, procedural safeguards have been put in place to inform individuals of this right upon arrest. Yet, a gray area exists when it comes to the use of an individual's silence post-arrest. It may surprise some that a point in time exists when an individual has not yet been read their Miranda rights post-arrest. Several circuit courts have taken the position that any silence that follows arrest but precedes the reading of Miranda …

There’S No “Gender” In Team: Developing State Policies For The Inclusion Of The Transgender Interscholastic Athlete, Brianna Weppler

Touro Law Review

The transgender athlete is a relatively new concept challenging the norm of gender division in sports. Multiple states across the United States have yet to update their policies to include the transgender athlete in interscholastic athletics. State policies that do include transgender student athletes are currently being challenged on the grounds that they violate Title IX of the Educational Amendments to the 1964 Civil Rights Act. This review considers the different state policies dictating the inclusion of transgender student athletes in school sports. After evaluating the impact of omitting transgender students from participating on sports teams, this review maintains that …

Banning Abortions Based On A Prenatal Diagnosis Of Down Syndrome: The Future Of Abortion Regulation, Alexandra Russo

Touro Law Review

Since the infamous Supreme Court decision, Roe v. Wade, the United States has remained divided, each side unyielding to the other regarding the legal and moral issues surrounding abortion. The issues surrounding abortion have become progressively more politicized, thus threatening a woman’s right to a safe and healthy termination of her pregnancy. Restrictions on a woman’s ability to terminate a child with a genetic disorder, such as Down syndrome, highlight this concern. State restrictions on abortion that prohibit abortions based on a diagnosis of Down syndrome seek to prevent the stigmatization of the Down syndrome community. Regulations, such as …

20 Ways To Fight Housing Discrimination, Ian Wilder

Touro Law Review

When looking at the continuing size of the problem of discrimination it is easy to be paralyzed into inaction by the sweeping scope of the undertaking. A good remedy is to find actions that an individual can take to move toward justice. Though Dr. King is often quoted as stating that “the arc of the moral universe is long, but it bends toward justice,” that bend in the arc is caused by legions of activists pulling the future toward justice. Robert Kennedy noted in his opposition to apartheid in South Africa that “a million different centers of energy and daring …

Assessing Aggressivity With The Comprehensive System-Revised, Part I: The Rorschach Gacono & Meloy Extended Aggression Scores: An Updated Review, Carl B. Gacono, Jason M. Smith

Archives of Assessment Psychology

Determining a patient's aggressivity is a function of assessing multiple factors, including personality vulnerabilities, past behaviors, and potential future circumstances. Evaluating the nature and predominance of aggressive drive, impulse control, affect lability, inhibitory mechanisms, cognitive deficits, and conscious and unconscious attitudes (e.g., use of devaluation; the presence of internal identifications and imagery) is essential. All of these issues have correlates in the Comprehensive System (CS; Exner, 2003; also CS-R; Fontan & Andronikof, 2022) and supplemental Rorschach data (primitive defenses: Cooper et al., 1988; Lerner & Lerner, 1980; object relations phenomena: Kwawer, 1980; extended aggression scores: Gacono & Meloy, 1994). Pre-Oedipal …

Perceptions Of School Safety: A Multiple Case Study Of School Resource Officers In A Rural Setting In The Southeastern United States, Stephen Lance Britt

Doctoral Dissertations and Projects

The purpose of this qualitative multiple case study was to examine school resource officers’ (SROs) perceptions of school safety assigned to 12 schools within rural communities located in the Southeast region of the United States. For this study, school safety was defined as the overall safety and well-being of the school environment. The perceptions of the SROs assigned to selected schools were examined using this definition of school safety. All aspects of safety within the schools were the focus of the study and were not limited to any specific areas of emphasis. This study utilized a purposeful sampling of 12 …

The Relationship Between Student Perceptions Of School Climate Domains And Academic Achievement In Rural Schools, Robbie W. Mason

Doctoral Dissertations and Projects

The purpose of this study was to determine how accurately student achievement in reading could be predicted by student perceptions of certain school climate domains (student support, disciplinary structure, academic expectations, student engagement, and the prevalence of teasing and bullying). Research demonstrated a predictive relationship between school climate domains and student academic achievement. This study applied a quantitative, correlational design to determine the predictive ability of school climate domains on student achievement in reading in rural schools. Rural school outcomes were measured by student responses for each climate domain on the 2018 Virginia School Climate Survey while academic achievement in …

A Qualitative Study Exploring How Male U.S. Veterans Experience Empathy, Elda Marina Stepp

Walden Dissertations and Doctoral Studies

AbstractThis qualitative study explored the lived experiences of male U.S. combat veterans with empathy and how this features in their transition back into society. Davis’s cognitive and emotional empathy served as the conceptual framework to expand further on this topic. Seven male U.S. combat veterans who had deployed at least once in their military career and lived as civilians for the past 10 to 15 years were interviewed through Zoom. Recruiting methods included social media, veteran meeting places, and snowballing approaches. Results from interpretative phenomenological analysis of the interview data included six main themes: feelings of compassion before deployment, feelings …

Experiences Of Counselors Who Provide Services To African American Men With Repeated Domestic Violence Abuse Reports, Miselene Kruer

Walden Dissertations and Doctoral Studies

Domestic violence has been a major concern in the United States. To effectively work with domestic violence offenders, counselors must have the skills and knowledge needed. The purpose of this qualitative phenomenological study was to understand lived experiences of counselors who provide in-home counseling services to African American men who are repeat domestic violence offenders and received a subsequent abuse report within 6 months after in-home services were discontinued. The goal was to try to develop an understanding of experiences of counselors who provide services to these men. Interviews were used to collect data. I used Otter to transcribe all …

The Relationship Between Housing/Living Arrangement And Admission To Drug Treatment Centers In Virginia, Odessa Ochoa

Walden Dissertations and Doctoral Studies

Homeless veterans with substance use disorders are among the most vulnerable and inaccessible populations in Virginia, which is evident by the lack of state and local resources. This cross-sectional study was conducted to present a retrospective assessment of the Treatment Episode Data Set (TEDS) to develop an understanding of the impact of housing arrangements on admission to long-term drug treatment centers among veterans in Virginia. To guide the study, the socioecological model was selected as the theoretical framework to better examine and understand the relationship between housing/living arrangement and admission to drug treatment centers among Virginia veterans. The aim of …

The Experiences Of Female Survivors Of Sexual Assault When They Make A Police Report, Tracy L. Rainey

Walden Dissertations and Doctoral Studies

Nearly 20% of all women will be the victim of an attempted or completed sexual assault within the United States, yet less than one quarter of victims will report their experienced crime to law enforcement (LE). Many survivors of sexual violence experience apprehension about reporting sexual assault, due to fear of social consequences, relational consequences, and fear of the reprisal from LE officers. The purpose of this interpretive descriptive qualitative study was to describe and interpret the experiences of adult, female sexual assault survivors when they make a LE report about their victimization. Resilience theory, which is the study of …

Lawyers’ Perspective: The Criminal Justice System’S Support Of Domestic Abuse Victims In Jamaica., Sonia Burrell

Walden Dissertations and Doctoral Studies

Domestic violence in Jamaica can be contextually understood through radical feminism and social learning theory used in this study to explain the patriarchal social structures, intergenerational transmission of intimate partner violence, and normalization of this behavior. This phenomenological study examined the criminal justice system's support of victims of intimate partner violence and results indicated reforms to improve initiatives to eradicate this violent conduct. The data collection method was semi-structured interviews of 12 lawyers in Jamaica, functioning in a legal capacity as prosecutors and family law practitioners, and analyzed using thematic analysis. The results demonstrated that the criminal justice system reduces …

Introduction, Carmen M. Mccallum

Faculty Scholarship 2022

No abstract provided.

Law Enforcement And Racial Profiling Among African Americans And Hispanics In The United States America, Jeremy Christopher Bell

Walden Dissertations and Doctoral Studies

AbstractRacial profiling among African Americans and Hispanics brings significant challenges to police conduct in providing police service to minority groups. Recent events of racial profiling committed by law enforcement officers bring negative perceptions toward police officers. African Americans and Hispanics are among the highest population groups arrested and mistreated by law enforcement officers. The purpose of this qualitative phenomenological study was to examine the lived experience of racial profiling among African Americans and Hispanics against police officers. The research question for this study examined the lived experience of African Americans/ Hispanics over 18 who were racially profiled by police officers. …

High School Educators' Perceptions Of Professional Development Needs For Implementation Of Positive Behavioral Interventions And Supports, Daniel Thomas Henley

Walden Dissertations and Doctoral Studies

The problem investigated by this study is that professional development (PD) provided for educators had not prepared them to implement behavior interventions and positive behavior interventions and supports (PBIS) to meet classroom management and students’ needs. This basic qualitative study was conducted to investigate the experiences of high school educators, who implemented behavior interventions and PBIS at the exemplar sample site, and to identify the supports, advantages, and barriers they encountered. Using Glasser’s choice and Skinner’s operant conditioning theories, research questions focused on educators’ perceptions and experiences with PD to identify the supports, advantages, and barriers at the exemplar site …