Digital Commons Network^™

The Prosecutor Lobby, Carissa Byrne Hessick, Ronald F. Wright, Jessica Pishko

Faculty Publications

Prosecutors shape the use of the criminal law at many points during criminal proceedings but there is an earlier point in the process where prosecutors have influence: during the legislative process. The conventional wisdom in legal scholarship is that prosecutors are powerful and successful lobbyists who routinely support laws that make the criminal law more punitive and oppose criminal justice reform. In this Article, we test that narrative with an empirical assessment of prosecutor lobbying in America. Using an original dataset of four years of legislative activity from all fifty states, we analyze how frequently prosecutors lobbied, the issues on …

A Synthesis Of The Science And Law Relating To Eyewitness Misidentifications And Recommendations For How Police And Courts Can Reduce Wrongful Convictions Based On Them, Henry F. Fradella

Seattle University Law Review

The empirical literature on perception and memory consistently demonstrates the pitfalls of eyewitness identifications. Exoneration data lend external validity to these studies. With the goal of informing law enforcement officers, prosecutors, criminal defense attorneys, judges, and judicial law clerks about what they can do to reduce wrongful convictions based on misidentifications, this Article presents a synthesis of the scientific knowledge relevant to how perception and memory affect the (un)reliability of eyewitness identifications. The Article situates that body of knowledge within the context of leading case law. The Article then summarizes the most current recommendations for how law enforcement personnel should—and …

The Lethal Impact Of Defendant And Victim Characteristics On Capital Punishment, Mackenzie Meyer

Research Papers

The current paper reviews the key points of research on the impact of defendant race, victim race, and victim gender on capital sentencing decisions. Each of these factors, as well as a theoretical framework applicable to the factors of defendant race, victim race, and victim gender on capital sentencing decisions, are explored and examined in this effort. All of the sections are intended to complement each other and provide a more comprehensive look into how and why demographic characteristics may shape capital punishment outcomes and where to go from here. It is important to understand disparities in capital punishment because …

Exploring Of User Experience And Evaluating Mobility Benefits Of Micromobility Systems And Golf Carts: Case Study Of Florida, Kabhabhela C. Bukuru

UNF Graduate Theses and Dissertations

Micromobility devices and golf carts (GCs)/Low speed vehicles(LSVs) are urban transportation solutions that provide short-distance travel options, including first- and last-mile trips. They mostly operate at speeds of 15 mi/h to 35 mi/h. The micromobility devices include e-scooters and e-bikes. The micromobility devices and golfcarts are increasing rapidly in the transportation system, and thus, it is necessary to explore their various factors. The objective of this study is to explore the user experience and evaluate the mobility benefits of the micromobility systems in Florida.

A survey was conducted in various cities with a substantial user base of micromobility devices. Various …

The Blue Wall Of Conformity: The Experiences Of Marginalized Police Officers, Jamie Stephens

Research Papers

Intersectionality describes the lived experiences that are uniquely shaped by an individual’s intersecting identities. Understanding these experiences and how they vary from context to context can be insightful for society in understanding mechanisms of oppression. Police departments have historically upheld toxic masculine standards that lead to discrimination against society and those within their walls. This paper seeks to understand why marginalized officers commit to the police subculture and behave in similar fashions as their privileged counterparts despite being discriminated against on and off the job and experiencing job stress and dissatisfaction. I argue that marginalized officers commit to the culture …

Und Leads: A Strategic Vision For The University Of North Dakota, University Of North Dakota

LEADS Implementation Documents

Official UND LEADS strategic plan for the University of North Dakota. The plan presents UND’s mission and vision, introduces the five LEADS core values of Learning, Equity, Affinity, Discovery, and Service, and outlines the strategic priorities guiding UND’s implementation work.

Advanced Applications Of Existing Technology And Their Influence On Quality Outcomes In Federally Qualified Health Centers, Ali Riza Demirbas

All ETDs from UAB

Increasing competition in the healthcare industry is compelling organizations to adopt new strategies to obtain and/or maintain a competitive advantage. To obtain a competitive advantage, healthcare organizations may need either more efficient processes or offer new or improved products and services through the utilization of these strategies. In competitive market environments, technological innovations can be a key competitive advantage to reduce expenses, improve quality, attract more customers, or a combination of all. All healthcare organizations can benefit from technological innovations, especially those with limited resources. One type of healthcare organization that highlights the disparity in resources is the Federally Qualified …

Us Tv News' Portrayal Of The Types Of Bystander Intervention In Public Scenes Of Conflict And/Or Duress, Audrey Shreiner

All ETDs from UAB

This research aims to analyze the types of bystander intervention in public scenes of conflict and/ or duress as presented by United States (U.S.) broadcast media news sources, specifically television (TV). Stories of bystander intervention are regularly featured in news coverage of mass media. As a source of information and entertainment, media is a space of cultural (re)formation. Video analysis of real-life behavior, rather than lab constructs, expands the possibility of what can be observed of human behavior. This is what has expanded the understanding of the behavior of bystander intervention and has challenged the theory of the bystander effect. …

Perceptions Of Skill Development Among Occupational Therapy Students Who Participated In Virtual Fieldwork: A Qualitative Descriptive Study, Spencer G. Morris, Kasia Smith, Benjamin Poirier, Shay L. Riker, Ellen Herlache-Pretzer, Stacey Webster, Jean Prast

Journal of Occupational Therapy Education

Occupational therapy fieldwork helps students refine their professional and technical skills to achieve competency required of entry-level occupational therapists. While fieldwork is traditionally completed in an in-person setting, the COVID-19 pandemic resulted in some students completing fieldwork in a virtual format. Yet, minimal research has explored perceptions of skill development among students who complete virtual fieldwork placements. This qualitative descriptive study examined the perceptions of skill development among graduate-level occupational therapy students and graduates who participated in a virtual fieldwork placement during the COVID-19 pandemic. Eight participants from 3 different states completed semi-structured interviews of no longer than 60 minutes …

Is There A Fundamental Right To Privacy When An Educational Institution Requires A Student To Disclose Proof Of His Or Her Vaccination Status?, Mary D. Fatscher

Touro Law Review

In 2020, the coronavirus disease (“COVID-19”) dominated the world. Although the public has progressively become more informed about the disease and how to safeguard itself, challenges persist as there is still much unknown. Aside from wearing masks, social distancing, and despite its undetermined consequences, the COVID-19 vaccination has emerged as a primary solution to substantially reducing the incidence and severity of the virus in our country. Many COVID-19 vaccine mandates were initiated once three pharmaceutical and biotechnology companies including Pfizer-BioNTech, Moderna, and Johnson & Johnson received Emergency Use Authorization from the Food and Drug Administration (“FDA”).

Examining The U.S. Disaster Management Program: A Case Study Of The U.S. Virgin Islands Hurricanes Irma And Maria Evacuation, Victoria F. Vachon

Walden Dissertations and Doctoral Studies

AbstractWhether from natural or human causes, every global community is at risk for overwhelming, destabilizing incidents. Hurricanes Irma and Maria devastated the U.S. Virgin Islands in late August and early September 2017, necessitating the urgent evacuation of hemodialysis patients over 1000 miles to the U.S. mainland. Because the damage and response to the U.S. territory were unprecedented, the public health implications of the government’s strategies on the evacuated population subset were unexplored. However, available information suggested that some evacuees sustained avoidable harm while in the protracted care and custody of the government. This qualitative case study, conceptually framed by Bronfenbrenner’s …

Perceptions Of Law Enforcement Officers Regarding Their Interactions With Persons In Mental Health Crises., Monica Roundtree

Walden Dissertations and Doctoral Studies

Law enforcement officers are guided by principles to protect and serve the community in general; this includes persons with mental health illnesses. These officers are often the sole community resource responding to calls involving persons in mental health crises. However, many officers lack the knowledge and skills to effectively interact with this group. This quantitative study addressed how law enforcement officers perceive that a selected policy, procedure, or strategy is effective for interacting with a person experiencing a mental health crisis. The theoretical framework for this study is the procedural justice theory. A convenience sample of 100 sworn law enforcement …

State Of The University Annual Report - 2022-2023, Office Of The President, East Tennessee State University, University Marketing And Communication, East Tennessee State University

Office of the President State of the University Annual Report

No abstract provided.

Effect Of Detention Facilities Toward Juvenile Delinquency And Exposure To Criminalization, Calvin Clark

Walden Dissertations and Doctoral Studies

AbstractDetention facility settings present opportunities and risks in relation to violent extremism. Criminalization as the main concern would increase the crime rates in the United States while allowing the formation of terrorist groups on U.S. soil. The purpose of this quantitative cross-sectional study was to investigate the relationship between juveniles’ experiences in detention centers and their exposure to criminalization. The study was guided by social control theory, narrative theory, and differential opportunity theory. Data were collected using a survey of 15 juvenile detention officers. Results of correlation analyses indicated a significant relationship between detention experience and increased exposure to criminalization …

States Of Emergency: Covid-19 And Separation Of Powers In The States, Richard Briffault

Faculty Scholarship

No event in recent years has shone a brighter spotlight on state separation of powers than the COVID-19 pandemic. Over a more than two-year period, governors exercised unprecedented authority through suspending laws and regulations, limiting business activities and gatherings, restricting individual movement, and imposing public health requirements. Many state legislatures endorsed these measures or were content to let governors take the lead, but in some states the legislature pushed back, particularly — albeit not only—where the governor and legislative majorities were of different political parties. Some of these conflicts wound up in state supreme courts.

This Essay examines the states’ …

The (Immediate) Future Of Prosecution, Daniel C. Richman

Faculty Scholarship

Even as others make cogent arguments for diminishing the work of prosecutors, work remains – cases that must be brought against a backdrop of existing economic inequality and structural racism and of an array of impoverished institutional alternatives. The (immediate) future of prosecution requires thoughtful engagement with these tragic circumstances, but it also will inevitably involve the co-production of sentences that deter and incapacitate. Across-the-board sentencing discounts based on such circumstances are no substitute for the thoughtful intermediation that only the courtroom working group – judges, prosecutors and defense counsel- can provide. The (immediate) future also requires prosecutors to do …

Publicizing Corporate Secrets, Christopher J. Morten

Faculty Scholarship

Federal regulatory agencies in the United States hold a treasure trove of valuable information essential to a functional society. Yet little of this immense and nominally “public” resource is accessible to the public. That worrying phenomenon is particularly true for the valuable information that agencies hold on powerful private actors. Corporations regularly shield vast swaths of the information they share with federal regulatory agencies from public view, claiming that the information contains legally protected trade secrets (or other proprietary “confidential commercial information”). Federal agencies themselves have largely acceded to these claims and even fueled them, by construing restrictively various doctrines …

State Constitutional Rights And Democratic Proportionality, Jessica Bulman-Pozen, Miriam Seifter

Faculty Scholarship

State constitutional law is in the spotlight. As federal courts retrench on abortion, democracy, and more, state constitutions are defining rights across the nation. Despite intermittent calls for greater attention to state constitutional theory, neither scholars nor courts have provided a comprehensive account of state constitutional rights or a coherent framework for their adjudication. Instead, many state courts import federal interpretive practices that bear little relationship to state constitutions or institutions.

This Article seeks to begin a new conversation about state constitutional adjudication. It first shows how in myriad defining ways state constitutions differ from the U.S. Constitution: They protect …

Racial Control Under The Guise Of Terror Threat: Policing Of Us Muslim, Arab, And Swana Communities, Louise Cainkar

Social and Cultural Sciences Faculty Research and Publications

Using an analysis of U.S. government policies that have had high impacts on the personal safety and freedom of movement and expression of Arabs, Muslims, and others of Southwest Asian and North African (SWANA) origins living in or seeking to migrate to the US, this article argues that these policies mirror in significant ways a range of policies used currently and historically to police and control Black and brown bodies. Specifically, the article addresses three tactics shared across such policies: pre-emption, containment, and collective responsibility, and demonstrates how they are manifested in specific anti-terrorism and national security policies aimed at …

The Right To Migrate, Matthew J. Lindsay

Lewis & Clark Law Review

Since the late-19th century, the Supreme Court has insisted that the preservation of national sovereignty requires a constitutional chasm between immigration law and ordinary law. If the Court is to bridge that chasm, it must reimagine the longstanding premise of the federal immigration power that the presence of noncitizens in U.S. territory menaces the nation’s sovereignty and security. This Article contributes to that reimagining by chronicling a compelling alternative worldview with a venerable historical pedigree—that of a quintessentially American right to migrate.

During the Founding Era, American statesmen described the impoverished subjects of Europe’s monarchies as protagonists in an unfolding …

Making Red Lives Matter: Public Choice Theory And Indian Country Crime, Adam Crepelle

Lewis & Clark Law Review

American Indians are victims of violence at higher rates than members of any other racial group. Nevertheless, Indian victims receive little media attention. Aside from the prevalence of violence against Indians, the violence is unique because of the rules governing Indian country law enforcement. Tribes, absent compliance with federally mandated procedural safeguards, cannot prosecute non-Indian criminals. While state or federal law enforcement have jurisdiction over reservation crimes involving non-Indian perpetrators, they often fail to respond. Hence, non-Indians know they can target Indians with little fear of reprisal. This Article argues the rules governing Indian country crimes were not designed to …

The Contribution Of Self-Efficacy And Counselor Biases Effects On Clinical Reasoning In New Counselors, Ashley Faith Waddington

Theses and Dissertations

Clinical reasoning is widely used among several medical professionals and personnel to diagnose conditions to streamline the treatment process in an effective manner. Researchers have explored clinical reasoning in nursing literature and the medical profession, however, have not been explored in counselor education despite counselors being one of the largest groups of individuals diagnosing mental health conditions. The purpose of the present study was to investigate the correlation of self-efficacy and counselor biases influence on uncertainty with diagnosis in new counselors. The hypothesized directional relationship was explored in new counselors as the hypothesis suggests that higher levels of self-efficacy and …

Rights Violations As Punishment, Kate Weisburd

GW Law Faculty Publications & Other Works

Is punishment generally exempt from the Constitution? That is, can the deprivation of basic constitutional rights—such as the rights to marry, bear children, worship, consult a lawyer, and protest—be imposed as direct punishment for a crime and in lieu of prison, so long as such intrusions are not “cruel and unusual” under the Eighth Amendment? On one hand, such state intrusion on fundamental rights would seem unconstitutional. On the other hand, such intrusions are often less harsh than the restriction of rights inherent in prison. If a judge can sentence someone to life in prison, how can a judge not …

Amending The Defense Production Act: Preventing Another Pandemic, Madalyn Mcgunagle

Roger Williams University Law Review

No abstract provided.

Contemporary State Building: Elite Taxation And Public Safety In Latin America. By Gustavo Flores-Macias. Cambridge: Cambridge University Press: 2022., Frederick M. Shepherd Phd

Journal of Strategic Security

No abstract provided.

An Analysis Of Federal Aviation Administration Enforcement Actions Against Suas Operators, Trevor Simoneau, Ryan J. Wallace, Tyler B. Spence, Jonathan Rupprecht

International Journal of Aviation, Aeronautics, and Aerospace

The Federal Aviation Administration (FAA) has promulgated regulations to govern the commercial operation of small uncrewed aircraft systems (sUAS). Compliance with these regulations is essential for maintaining safety in the National Airspace System. And if sUAS operators fail to comply with applicable federal aviation regulations, the FAA has been granted the authority to enforce these regulations. This study explores how the FAA has been exercising its enforcement power in the context of sUAS operator regulatory noncompliance. Using data obtained from a Freedom of Information Act request, this study examines 62 FAA enforcement actions levied against sUAS operators from 2012 until …

Graduate Catalog 2023-2024, Southwestern Oklahoma State University

Graduate Catalogs

No abstract provided.

When Federal Standards Crash And Burn: The Need To Distinguish Aviation Product Liability Claims From In-Air Operations Cases, Olivia Cahill

Journal of Air Law and Commerce

If you are injured in an aviation disaster or lose a loved one in a plane crash, may you seek recovery under state law? Do federal regulations provide adequate opportunities to compensate aviation crash victims? These are questions few people think to ask themselves. A more common query is what entity regulates the more than 16 million flights that occur yearly in the U.S., and how do you know whether the aircraft you fly on are safe?

The tragic Boeing 737 MAX crashes initiated a federal oversight investigation into the Federal Aviation Administration (FAA). Industry whistleblowers revealed severe lapses in …

Music Theory I, Jennifer Jolley

Open Educational Resources

Syllabus for Music Theory I. Introduction to diatonic harmony: scales, intervals, triads, key signatures, and the principles of four-part choral and keyboard writing.

Challenges Of An Implementation And Enforcement Of Child Safety Seat Law In Thailand, Narisara Pan-Ngam

Chulalongkorn University Theses and Dissertations (Chula ETD)

In Thailand, car accidents are the second leading cause of death among children. According to the Child Safety Promotion and Injury Prevention Research Center (CSIP), in 2019, automobile accidents killed approximately 2500 children aged 1 to 14 years old per year, or 250 children each month on average. Most of the children who died in auto accidents were not wearing seat belts at the time of the crash.Generally, essential safety devices in the car are seatbelts and airbags, which will protect the passengers from fatal injuries when the car crashes. Unfortunately, seatbelt only grants the appropriate protection for adult passengers …