Digital Commons Network^™

Expanding Brady To Plea Deals: Efficiency As A Roadblock To Justice, Ben Stearns

UIC Law Review

No abstract provided.

The Relationship Between Trust In Local Police And Perceived Police Legitimacy Among Koreans In The United States, Zermeen Siddigi

Williams Honors College, Honors Research Projects

The following study will determine whether Korean Americans’ trust in police positively correlates with perceptions of police legitimacy. This project uses the data collected from surveys given to Korean Americans in the Atlanta, Georgia area. It takes into consideration 128 complete responses collected in September 2022 from Korean Americans, regardless of their immigration status. A regression analysis will be conducted to analyze the relationship between trust in police and perceived police legitimacy among Korean residents while controlling for the demographic factors such as age and gender of the participants. It also controls for other relevant factors including English proficiency, annual …

The Right To Personality: Navigating The Brave New World Of Personality-Altering Interventions, Christopher S. Sundby

Connecticut Law Review

As neuroscience progresses, policy makers will have an increasing arsenal of behavior-modifying interventions at their disposal to deploy in the hopes of reducing recidivism and making the criminal justice system more rehabilitative. While these interventions are promising, they also can pose grave risks to individual liberty interests that are insufficiently acknowledged, much less protected, by current jurisprudence. Specifically, the current legal regimes and proposed alternatives either fail to identify the nature of the liberty at stake by overly focusing on physical side effects to the exclusion of thought- and personality-altering side effects, reject completely the potential for these interventions to …

Self-Defense Exceptionalism And The Immunization Of Private Violence, Eric Ruben

Faculty Journal Articles and Book Chapters

After the high-profile trial of Kyle Rittenhouse, the parameters of lawful self-defense are a subject of intense public and scholarly attention. In recent years, most commentary about self-defense has focused on “Stand Your Ground” policies that remove the duty to retreat before using lethal force. But the reaction to Rittenhouse’s case reflects a different, more extreme way that the law governing defensive force is changing. In particular, advocates and legislators say that private citizens like Rittenhouse who exercise self-defense should be entitled to immunity—an exemption from prosecution—giving them an extraordinary procedural benefit not attaching to other defenses that are adjudicated …

Teen Appeal, Memphis, 03.07, 2000

Documents

Issue 3.7 of the “Teen Appeal” published by the University of Memphis Journalism Department and Commercial Appeal, Memphis, Tennessee, on March 28, 2000.

The International Criminal Court’S Arbitrary Exercise Of Its Duties Under The Rome Statute To The Benefit Of Western Global Supremacy, Azadeh Shahshahani, Sofia Veronica Montez

Human Rights Brief

The International Criminal Court (ICC) is a constituent institution of the United Nations (UN) that investigates and prosecutes perpetrators of genocide, war crimes, crimes against humanity, and the crime of aggression. Established in 1998 by the Rome Statute, the ICC may open an investigation through referrals by state parties to the Statute; referrals by the UN Security Council; or the prosecutor’s own initiative. Additionally, non-party states may extend qualified jurisdiction to the ICC to prosecute cases within their territories, setting the scope of investigations and prosecutions as well as the dates they shall encompass.

The Rome Statute assigns various other …

On Facial Recognition, Regulation, And "Data Necropolitics", Antonio Pele, Caitlin Mulholland

Indiana Journal of Global Legal Studies

This paper argues for actual and legal regulation of artificial intelligence (AI) and facial recognition. These new technologies represent great opportunities to improve the welfare of societies. However, some of their uses can also enhance discrimination and, eventually, lead to violence. From a comparative approach (examining the European Union and Brazil), we address the current and future aspects of facial regulation, AI, and personal data. This paper shows that regulation is relevant to protect the rule of law, free markets, and individual freedoms. It also examines the looming risks unfolding from the unregulated uses of new technologies. Our concept of …

The Art Of International Law, Hilary Charlesworth

American University International Law Review

International lawyers study international law primarily through its written texts—treaties, official documents, judgments, and scholarly works. Critical to being an international lawyer, it seems, is access to the written word, whether in hard copy or online. Indeed, as Jesse Hohmann observes, “the production of text can come to feel like the very purpose of international law.”

Ukraine's Push To Prosecute Aggression: Implications For Immunity Ratione Personae And The Crime Of Aggression, Rebecca Hamilton

Case Western Reserve Journal of International Law

No abstract provided.

Understanding Social Care, Teresa Brown, Kevin Lalor

Books/Book chapters

As the English writer L. P. Hartley noted in opening his 1953 novel The Go-Between, ‘The past is a foreign country: they do things differently there’. The previous edition of this book was published in 2013, and indeed Ireland then was in many ways a substantially different place. It was a country that had suffered the ignominy of being ‘bailed out’ by our European partners after the trauma of the financial crash that had commenced in 2008. Hard to believe now, but commentators bemoaned the excessive level of construction of houses and hotels, marriage equality for LGBTQ+ people was still …

A Symposium To Mark The Publication, By New York University Press, Of Ian O’Donnell’S Prison Life: Pain, Resistance, And Purpose, Rosemary Gido, Derek S. Jeffreys, Cormac Behan, Kimmett Edgar, Bethany E. Schmidt, Gorazd Mesko, Mary K. Stohr, Ashley T. Rubin

Articles

Recognizing the major scholarly contributions to criminology by the noted Irish criminologist, Ian O’Donnell, The Prison Journal invited seven contemporary corrections and punishment scholars to offer insights into O’Donnell’s new book, Prison Life: Pain, Resistance, and Purpose. Offering contextually rich descriptions of prisoner life, the text features four case study prisons—H Blocks, Northern Ireland; Eastham Unit, Texas; Isir Bet, Ethiopia; and ADX Florence, Colorado, in pivotal time periods and through an individual's custodial career in each institution. The symposium discussants focus on O’Donnell's conceptual framework—the degree of prison integration, system and staff regulation, and legitimacy—and how these reflect the key …

Understanding The Interactions Between Conservation Agencies And Rangers: A Mixed-Methods Approach, Christina M. Burton

Graduate Thesis and Dissertation 2023-2024

Research describing conservation agencies has generally been exploratory and limited in the use of theory. Similarly, organizational theories can provide an understanding for how organizations change and adapt to their given environments, but they have not been applied to conservation agencies with unique challenges and strains from other public bureaucracies or private corporations. In expanding this body of literature, not only were these theories applied conservation agencies, but they were also explored in what Powell and Colyvas (2008, p. 276) called "microfoundations" of organizations, which focuses on the interplay between individuals and organizations. To explore this, a convergent mixed-methods design …

The Successful Characteristics That Contribute To Black Male Students Matriculating Into Medical School, Cedric Brown

Electronic Theses and Dissertations, 2020-2023

In 2019, individuals that identified as Black represented 13.4% of the U.S. population, 12.5% of the undergraduate student enrollment population and 7.1% of the medical school population. Subsequently, this has yielded a 5% Black physician population and workforce consisting of just 2.3% Black male physicians (AAMC, 2018). The disproportionately low Black physician representation contributes to greater healthcare disparity outcomes within the U.S. Black population. This study is centered on the post-positive characteristics of Black male medical students that have successfully overcome barriers to entry and matriculated into medical school. The phenomenological post-positive study was conducted through the lens of Self-Efficacy …

Student Perceptions Of Campus Crime And Victim Services, Tracy Gulliford

Graduate Thesis and Dissertation 2023-2024

Few would argue that college campus crime is a serious problem across the United States. Debate arises, however, regarding why the problem is so pervasive and how best to address it. This dissertation addresses that gap by exploring the nature and magnitude of the college campus crime problem followed by a rationale for studying student perceptions regarding knowledge about and use of victim services resources offered on the University of Central Florida (UCF) campus. Doing so is particularly important in light of the fact that five years have now passed since UCF launched the "Let's Be Clear" campaign designed to …

The Impact Of Marginalization On Relations With Law Enforcement And The Criminal Justice System, Angelo Kevin Brown

Faculty Publications

This chapter provides an overview of how critical race theory (CRT) has provided an important context for the racial disparities in the criminal justice system. CRT has promoted teaching the history of the criminal justice system in the United States of America (USA) and abroad from a racial perceptive. CRT scholars emphasize race because of how race and racism have shaped and impacted our society and institutions. CRT has been used to understand issues from police violence, sentencing disparities, school-to-prison pipeline, prison abolitionism, and much more. The CRT framework is especially important when it comes to understanding the disparities and …

The Criminal Side Of Cryptocurrency, Angelo Kevin Brown

Faculty Publications

As cryptocurrency (crypto) has become more and more popular, so has crypto-related crime. There has been a lack of academic research on crypto-related crime, but it is becoming more prevalent in the last couple of years. Crypto-related crime became especially significant in the impact it had on victims and the awareness of these crimes in the media and the government in late 2019 and early 2020 as various criminal organizations and criminal opportunities opened up as cryptocurrency became mainstream. The common crimes related to cryptocurrency include fraud, theft, and money laundering. In 2021 estimates of crypto-related crime were estimated to …

Equal Protection Against Policing, Evan D. Bernick

College of Law Faculty Publications

A White police officer pins his knee against a Black man’s neck. The Black man lies prone. He says he can’t move. He says he can’t breathe. He says he’s through. He pleads for his mama. He moans, gasps, and writhes. Blood runs out of his nose and mouth. After eight minutes and forty-six seconds, George Floyd is dead.

Videos of the killing went viral. All four of the Minneapolis Police Department officers who arrested Floyd for allegedly using a counterfeit $20 bill at a convenience store were fired. Derek Chauvin—who held his knee to Floyd’s neck—was initially charged by …

Violating The Protections Of International Law: Examining Methods To Combat The Practice Of Female, Angel R. Gardner

Human Rights Brief

In 2021, the women’s rights non-governmental organization (“NGO”), Equality Now, filed a lawsuit alongside other organizations1 challenging Mali’s failure to outlaw the practice of female genital mutilation (“FGM”). FGM involves the partial or total removal of the external female genitalia or other injury to female genital organs for non-medical purposes. The practice of FGM traces back to an ancient ritual, however, current research reveals that it causes serious health problems. The case brought by these NGOs has the potential to create binding precedent against the practice of FGM across all the African States.

Second Chance Pell Experiment: How The United States Is Starting To Recognize Education As A Right, Brittany Walker

Human Rights Brief

For decades, education as a right has been an issue between U.S. citizens and U.S. courts. U.S. courts maintain that education is not a right, as it was not explicitly stated in the U.S. Constitution. Since the U.S. Constitution is silent about education, U.S. courts have applied the 14th Amendment to defer educational matters, such as compulsory school requirements, to each state. Currently, education in the United States is generally a right until middle school. After middle school, the American government allows parents and students to determine whether additional education is necessary in their situation. This view causes disparities for …

Principles On Effective Investigative Interviews: A New Instrument Of International Law, Juan E. Mendez, Matthew Ilsley

Human Rights Brief

International law absolutely prohibits torture and ill-treatment, yet such abuses remain prevalent and widespread. It most frequently occurs in the questioning of individuals by law enforcement, intelligence officials, and military personnel in the context of “fighting crime,” obtaining confessions, controlling detainees, and “counterterrorism.” The “Torture Memorandums,” exemplifying the deeply misguided practices used in the global fight against terror following the attacks of September 11, 2001, illuminated the pervasiveness of these practices.

Workplace Bullying On Human Resources Management Performance In Correctional Facilities, Oliver Onyeka Ehiahuruike

Walden Dissertations and Doctoral Studies

AbstractWorkplace bullying, as part of a hostile work environment, impacts human resources management (HRM) work outcome metrics, employees' attitudes toward their job, organization, and behavioral intentions that collectively affect organizational goals. Addressed in this study are the problems of workplace bullying of corrections employees, which negatively affect HRM outcome measures of turnover intention, organizational commitment, and employee job satisfaction. The purpose of this quantitative correlational research study was to determine the relationship between workplace bullying and turnover intention, organizational commitment, and job satisfaction among corrections employees in Texas. Homans's social exchange and Bourdieu's social capital theories were used in this …

The American Founding Documents And Democratic Social Change: A Constructivist Grounded Theory, A I. Forde

Walden Dissertations and Doctoral Studies

AbstractExisting social disparities in the United States are inconsistent with the promise of democracy; therefore, there was a need for critical conceptualization of the first principles that undergird American democracy and the genesis of democratic social change in America. This constructivist grounded theory study aimed to construct a grounded theory that provides an understanding of the process of American democratic social change as it emerged from the nation’s founding documents. A post hoc polytheoretical framework including Foucault’s, Bourdieu’s, and Marx and Engels’s theories of power was used to understand power dynamics. The research question focused on understanding the process of …

Lived Experiences Of Non-Licensed African American Pastors Providing Counseling For Race-Related Mental Health Issues To Their Parishioners, Brian Sutton

Walden Dissertations and Doctoral Studies

It is important to understand treatment practices of clergy members due to their influence on the treatment seeking behavior for professional counseling services among African American parishioners. The purpose of this qualitative study was to explore and describe African American pastors’ experiences of providing counseling for race-related mental health issues to their parishioners. The conceptual framework for this study was critical race theory. The research design included a descriptive phenomenological study with semi structured interviews with five non-licensed pastors and clergy members. The results of data analysis revealed three main themes and nine subthemes related to the participants’ experiences. The …

Black/African American Men’S Lived Experiences Of Workplace Colorism Bullying, Dr. Benjamin K. Spady Ph.D

Walden Dissertations and Doctoral Studies

Bullying in the U.S. workplace is an ongoing issue that transcends industry boundaries due to perpetrators’ ineffectiveness in viewing all coworkers as equals. The purpose of this qualitative interpretative phenomenological analysis study was to explore the lived experiences of Black/African American men who endure workplace colorism bullying. Critical race theory provided the conceptual framework, which labeled racism as an omnipresent systemic force. Semistructured interview data were collected from six Black/African American men who resided in the United States and who were bullied in the workplace within the past 20 years. Data were coded via open coding to discover themes. The …

Unwinding “Law And Order”: How Second Look Mechanisms Resist Mass Incarceration And Increase Justice, Destiny Fullwood, Cecilia Bruni

Human Rights Brief

For decades, the United States has used incarceration to achieve a particularized version of safety. Amidst the civil rights movement, presidential candidate Barry Goldwater wielded the phrase “law and order” against the masses of Black men, women, and children in their fight for equitable treatment. This came at a time when “[i]t was no longer socially permissible for polite White people to say they opposed equal rights for Black Americans. Instead, they began ‘talking about the urban uprisings’” and “attaching [those] to street crime, to ordinary lawlessness[.]” The result was a decades-long, persistent campaign to maintain order by arresting and …

Politics And The Criminal Enforcement Of The Toxic Substances Control Act, Dr. Joshua Ozymy, Dr. Melissa Jarrell Ozymy, Dr. Danielle Mcgurrin

Seattle Journal of Technology, Environmental, & Innovation Law

Environmental crimes related to chemical substances are governed under the Toxic Substances Control Act (TSCA). When these violations involve significant harm or culpable conduct they may be remedied through criminal prosecution. While Democratic and Republican presidents have offered historically varied support for criminal enforcement, we know very little about how politics affects TSCA enforcement outcomes or TSCA criminal enforcement generally. To address these issues, we performed a content analysis of 2,728 criminal prosecutions from 1983-2021 that derive from the United States Environmental Protection Agency (EPA) criminal investigations and select all TSCA prosecutions. Results show 75 prosecutions were adjudicated, involving 137 …

Diamond's Hidden Gems - Stars, Diamond Williams, Ucf Libraries

Libraries' Documents

Publishing student work through journals and magazines is a difficult feat, often requiring rounds upon rounds of revisions. UCF has a way for you to share your work while providing you with tools to assist with the publication process. Continue below to read about UCF's own digital repository. UCF's Showcase of Text, Archives, Research & Scholarship (STARS) provides access to works by, for, and about UCF as broadly as possible, and for as long as possible. The intention is to provide free, open access to a worldwide audience. It is an institution-wide digital repository managed by the UCF Libraries.

STARS …

Pulse 008

Pulse Magazine Archive

No abstract provided.

"Attica Is Every Prison, And Every Prison Is Attica": A Historical Analysis Of The Attica Prison Rebellion Of 1971, Elizabeth Davis

Renée Crown University Honors Thesis Projects - All

No abstract provided.

Felines In Carceral Facilities: A Call To Introduce Cat Visitation Rooms In Prisons, Nora Sullivan

UC Law Journal of Race and Economic Justice

No abstract provided.