Digital Commons Network^™

The Problem Of Habitual Offender Laws In States With Felony Disenfranchisement, Daniel Loehr

Journal of Criminal Law and Criminology

Habitual offender laws operate to increase the sentence of an individual if that person already has a felony conviction. At the same time, many people with felony convictions cannot vote or run for office due to felony disenfranchisement laws. Thus, habitual offender laws target a formally disenfranchised group—people with felony convictions. That creates an archetypal political process problem. As John Hart Ely argued, laws that target a formally disenfranchised group are tainted and deserve heightened constitutional scrutiny. When reviewing habitual offender laws under the Eighth Amendment, however, courts have applied the opposite of heightened scrutiny—they have applied an extreme form …

Innocence Is Not Enough: Illinois Certificates Of Innocence & The Case Of Wayne Washington, Erin M. Wright

Journal of Criminal Law and Criminology

In 2008, the Illinois State Legislature found that “innocent persons who have been wrongly convicted of crimes in Illinois and subsequently imprisoned have been frustrated in seeking legal redress due to a variety of substantive and technical obstacles in the law[.]” To correct this injustice, the General Assembly created a petition for a Certificate of Innocence (“COI”), which provides wrongfully convicted individuals the opportunity to obtain financial relief for time spent incarcerated. Petitioners must show that they “did not by [their] own conduct voluntarily cause or bring about [their] conviction.” Notably, the legislature did not supply a definition for “voluntary,” …

Restorative Justice Diversion As A Structural Health Intervention In The Criminal Legal System, Thalia González

Journal of Criminal Law and Criminology

A new discourse at the intersection of criminal justice and public health is bringing to light how exposure to the ordinariness of racism in the criminal legal system—whether in policing practices or carceral settings—leads to extraordinary outcomes in health. Drawing on empirical evidence of the deleterious health effects of system involvement coupled with new threats posed by COVID-19, advocates and academics have increasingly called for race-conscious public health-driven reforms to carcerality in the United States. Recognizing the significance of health to carceral reform, the initiation of a health justice grounded lexicon in criminal justice has opened the doorway to new …

Casting A Ballot For Change: How To Overcome Jail Policy Deficiencies And The O’Brien Precedent To Expand Voting Rights For Jailed Individuals, Lorellee Kampschnieder

Journal of Criminal Law and Criminology

Prior to the 2020 election, lawmakers in several states sought to expand voting rights for individuals with felony convictions, and while this work is important, a large swath of voters who legally never lost the right to vote are still unable to do so because they are detained in jail. These individuals, often detained prior to trial, have the right to vote pursuant to a 1974 Supreme Court ruling in O’Brien v. Skinner. However, despite the clear legal precedent protecting voting rights for those in jail, the right remains unrealized for most incarcerated individuals due to numerous barriers. Some localities, …

Beyond Due Process: An Examination Of The Restorative Justice Community Courts Of Chicago, Jackie O'Brien

Journal of Criminal Law and Criminology

As American society has reckoned with the harmful effects of mass incarceration, there has been a push to consider alternative forms of achieving justice. Restorative justice is one such method. A transformative approach to conflict resolution inspired by the traditions and practices of indigenous peoples, restorative justice offers a comprehensive means of addressing harm, emphasizing the community, rather than the single act that caused harm. Many jurisdictions and communities have turned to restorative justice to divert cases from the punitive criminal legal system. While there are variations in programs and approaches, many communities integrate restorative justice practices as a means …

Ai Fairness: Assessment For Prediction Of Agitation In Mental Health Patients At Emergency Rooms, William Pang

Public Health Theses

Machine-Learning (ML) algorithms are increasingly used to assist clinicians in decision-making. Recent studies have shown, however, that machine learn- ing algorithms might be prone to unfairness, albeit unintentional. As such, it is important to ensure that algorithms do not discriminate against certain groups. This thesis examines an in-house algorithm used to predict agitation among mental-health patients in the emergency department and addresses biases that might arise from generated predictions.

“I Was Reaching Out For Help And They Did Not Help Me”: Mental Healthcare In The Carceral State, Anna Grace Preston

Public Health Theses

Background: Despite the limitations the carceral environment may impose on mental wellness, mental healthcare is increasingly becoming a carceral endeavor. Over the course of the last several decades, prisons and jails have become the de facto mental healthcare provider for thousands of incarcerated individuals. Furthermore, practices like mandated mental healthcare for supervised individuals further broaden the population experiencing mental healthcare within the criminal legal system at large. This study examines the perspectives of nine individuals who experienced mental healthcare within the carceral state, whether in prison or on parole or probation, with a special focus on how attributes of the …

Training On Law Enforcement's Response To Interpersonal Violence, Genna Hilt

Undergraduate Distinction Papers

The current study examines how police officers in various settings perceive interpersonal violence response training as well as how they respond to vignettes detailing hypothetical scenarios of sexual assault, domestic violence, and stalking. A common criticism of experience with police following a traumatic occurrence of sexual or interpersonal violence is inappropriate attitude and conduct on behalf of law enforcement agents. Trauma and victim centered training may improve police responding within this field; however, the training received is variable (Campbell et al., 2019; Kinney et al., 2007). In this study, ten participants answered interview or survey items detailing the extent of …

The Digital Services Act: Does It Respect The Freedom Of Expression, And Is It Enforceable?, Terrell Paige

Student Works

No abstract provided.

Future Serial Killers And Adolescent Maltreated Males Identified Using The Ace-Q, Michelle Sutherland, Reid Toth

University of South Carolina Upstate Student Research Journal

Abstract

Maltreated adults were surveyed over a period of years to help researchers understand the role that childhood maltreatment plays in negative short- and long-term physical, emotional, financial, psychological, and social effects, as well as in adult-onset criminal behaviors and activities. Through multiple research studies conducted over years by the CDC-Keiser Permanente Group using the ACE-Q Survey, along with other independent researchers such as Dr. Morono and his research team that used the Behavior Sequence Analysis Method, a link was discovered between childhood maltreatment and negative and/or criminal behaviors and events that impacted every area of the victim’s life and …

Assessing The Construct Validity Of The Mpact-6: Research Brief, Nebraska Center For Justice Research, University Of Nebraska At Omaha, Amber Krushas, Zachary Hamilton, X. Mei

Reports

As needs assessments are comprised of subscales that include non-observable, latent constructs, the comprehensive assessment of these items and scales is essential. Specifically, to ensure these tools are measuring offender needs as intended, their construct validity must be confirmed. The current project used a multi-level, multi-group analysis of the MPACT with a large, 10-state sample of youth. Building on previous work (see Mei et al., 2022), authors confirmed the dimensionality and reliability of the six MPACT needs domains. Beyond this, the reliability and validity of the ‘Global Needs Factor’ was also confirmed. Here, the ‘Global Needs Factor’ or ‘G-Factor’ represents …

Jeffrey Epstein: Pedophiles, Prosecutors, And Power, Blanche Bong Cook

Faculty Publications & Other Works

Jeffrey Epstein, a wealthy, white, billionaire child rapist, ran an international sex trafficking ring. Rather than prosecute Epstein, Alex Acosta, a former United States Attorney, brokered a deal with Epstein’s defense attorneys coined, “the sweetheart deal of the century.” When Acosta abdicated his role as a state functionary and allowed Epstein’s defense attorneys to dictate the terms of Epstein’s freedom, Acosta gave the power of the State to private parties to protect a recidivist child rapist.

The failure to prosecute Epstein is all the more problematic because it sits at the epicenter of mass incarceration. Through its carceral system, the …

Artificial Intelligence On Indian Reservations In The United States: Prospects And Challenges, Adam Crepelle

Faculty Publications & Other Works

Increases in computing power have contributed to tremendous improvements in Artificial Intelligence (AI). Despite increasing deployment of AI by public, private, and nonprofit organizations, consideration of AI on American Indian reservations remains in its infancy. In this paper, we suggest that consideration of Internet policy on tribal lands should be expanded beyond consideration of barriers to broadband access to include responsible adoption of emergent technologies, including AI. To facilitate such consideration, we consider the prospects and challenge for deployment of AI in public, private, and nonprofit applications on Indian reservations in the United States. Our particular focus is on how …

Does Expanding Tribal Jurisdiction Improve Tribal Economies: Lessons From Arizona, Adam Crepelle

Faculty Publications & Other Works

In 2013, Congress reaffirmed tribes’ inherent authority to prosecute all persons who commit dating violence, domestic violence, or violate a protective order against Indian women on tribal land in the Violence Against Women Reauthorization Act (VAWA). Congress required tribes to comply with strict procedural safeguards prior to implementing VAWA. We test the hypothesis that because improved procedural standards, as well as guaranteed rights, strengthen the belief in fair trials for individuals and businesses on the reservation as well as others who might consider operating a business on the reservation, VAWA adoption ultimately results in higher income for Indians residing on …

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

Faculty Publications & Other Works

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 Challenges Of Police Defunding And The Reimagination Of Public Safety, Stephen Rushin

Faculty Publications & Other Works

No abstract provided.

The Law Enforcement Lobby, Stephen Rushin, Zoe Robinson

Faculty Publications & Other Works

The law enforcement lobby represents one of the most important and undertheorized barriers to criminal justice reform. We define the law enforcement lobby as the constellation of entrenched actors within the justice system—particularly police unions, correctional officer unions, and prosecutor associations—that exert an outsized role in policy development. The law enforcement lobby operates largely without coordinated opposition, resulting in capture of criminal justice policymaking and skewed policy outcomes that often institutionalize injustice and subordination. The strength of the law enforcement lobby also presents a challenge to the growing defunding and abolition movements. Nevertheless, the law enforcement lobby remains at the …

Integrated Safety And Health Promotion Among Correctional Workers And People Incarcerated: A Scoping Review, Olivia Hull Ots, Olivia Breckler Ots, Lisa Jaegers Otr/L, Faota, Shannon Strate Otd, Otr/L

Occupational Therapy Doctorate Capstones

Background:

• The United States has one of the highest incarceration rates.

• Correctional workers and people incarcerated experience similar challenges involved with poor workplace and living conditions.

• Improving safety and health for correctional workers and people incarcerated are widespread yet separate initiatives.

• Health promotion needs across correctional systems is complex and a holistic approach is needed.

Aim:

• Contribute to the understanding of an integrated approach for correctional system safety and health resources.

• Identify studies of correctional resources that have addressed both correctional workers and people incarcerated safety and health promotion.

Methodology:

• Databases: Academic Search …

Utilizing Outpatient Telehealth As A Treatment Approach For Patients With Substance Use Disorder: A Quality Improvement Project, Veronica Kwegyir-Afful

DNP Scholarly Projects

Background: The issue of substance use disorder (SUD) has demonstrated a growing prevalence both in the United States (U.S.) and globally. Effective treatment modalities have been devised for individuals afflicted by SUD, thereby enabling their post-treatment prognosis to be parallel to that of patients with other chronic diseases, such as diabetes. However, several factors or barriers impede individuals with SUD from assessing treatment. These barriers encompass financial constraints stemming from inadequate insurance coverage and high cost, the stigma surrounding SUD, which results in patient's hesitancy to seek treatment treat, adverse societal attitudes, collateral social percussions like work hour losses and …

Restorative Justice And The Rights Of Nature: Using Indigenous Legal Traditions To Influence Cultural Change And Promote Environmental Protection, Anne Haluska

Mitchell Hamline Law Review

No abstract provided.

The Theoretical And Practical Shortcomings Of Necessitating Appreciation For Punishment—Madison V. Alabama, 139 S.Ct. 718 (2019), Martin Sandberg

Mitchell Hamline Law Review

No abstract provided.

The Presumption Of Wealthiness: How The Current Bail System In Minnesota Is Problematically Classist, Myranda Sandberg

Mitchell Hamline Law Review

No abstract provided.

Transforming The Minneapolis Police Department To Conform With The Rule Of Law: Reform Or Abolition, James Roth

Mitchell Hamline Law Review

No abstract provided.

Engaging In Equity-Centered Policymaking: State-Level Racial Equity Impact Assessment Trends, Lessons Learned, And Future Directions, Daina Strub Kabitz

Mitchell Hamline Law Review

No abstract provided.

Sex Offenders And Internet Speech: First Amendment Protections For America's Most Reviled Outcasts, Gabriel Aderhold

Mitchell Hamline Law Review

No abstract provided.

Minnesota Statutes Section 243.166 Subdivision 1(B) Has Got To Go: Why Requiring Predatory Offender Registration Based On A Charge As Opposed To A Conviction Violates Procedural Due Process, Alison Baker Faul

Mitchell Hamline Law Review

No abstract provided.

A Vision Of The Anti-Racist Public Corporation, Steven A. Ramirez

Faculty Publications & Other Works

The publicly traded corporation rightly exemplifies the great potential of legal infrastructure to advance macroeconomic growth and human development. Left to its current legal and regulatory frameworks, however, it will fuel inequality and the replication of racial hierarchy indefinitely. Taking affirmative action to broaden participation of our population at all levels of the public firm will open its ability to fund human ingenuity to all. This would vindicate the essential public purpose of the legal infrastructure governing the public corporation. It would also place capitalism itself on a firmer social foundation through the creation of a more cohesive and productive …

Employee Development And Workforce Engagement In A Behavioral Health Organization, Lakisha R, Brimage

Walden Dissertations and Doctoral Studies

Ongoing training at the targeted behavioral health organization is necessary to improve employee knowledge, skills, and abilities to drive engagement and overall organizational performance. The purpose of this case study was to determine what leadership practices and strategies are currently in place and what training modules improve employee development for the purpose of improving workforce engagement. The Baldrige Excellence Framework was used to guide the qualitative case study of the nonprofit organization, which provides social services to low-income families in the United States. Data sources included semistructured interviews with two behavioral health leaders at the organization and reviews of organizational …

Frsc 495-002: Senior Seminar, Kevin Parmelee

Chemistry, Environmental and Forensic Science Syllabi

No abstract provided.

Frsc 307-002: Crime Scene Investigation & Lab, Kevin Parmelee

Chemistry, Environmental and Forensic Science Syllabi

No abstract provided.