Digital Commons Network^™

Pretrial Commitment And The Fourth Amendment, Laurent Sacharoff

Notre Dame Law Review

Today, the Fourth Amendment Warrant Clause governs arrest warrants and search warrants only. But in the founding era, the Warrant Clause governed a third type of warrant: the “warrant of commitment.” Judges issued these warrants to jail defendants pending trial. This Article argues that the Fourth Amendment Warrant Clause, with its oath and probable cause standard, should be understood today to apply to this third type of warrant. That means the Warrant Clause would govern any initial appearance where a judge first commits a defendant—a process that currently falls far short of fulfilling its constitutional and historical function. History supports …

Proportionalities, Youngjae Lee

Notre Dame Law Review Reflection

“Proportionality” is ubiquitous. The idea that punishment should be proportional to crime is familiar in criminal law and has a lengthy history. But that is not the only place where one encounters the concept of proportionality in law and ethics. The idea of proportionality is important also in the self-defense context, where the right to defend oneself with force is limited by the principle of proportionality. Proportionality plays a role in the context of war, especially in the idea that the military advantage one side may draw from an attack must not be excessive in relation to the loss of …

Behind Bars, Beyond Means: Why Incarceration Is The Ultimate Form Of Poverty In The U.S., Samuel Bohn, Ella Paligo, Benjamin White

FHSS Mentored Research Conference

This Fulton Mentored Student Research Conference poster examines the relationship between incarceration and poverty in the United States, where currently over 2 million individuals are imprisoned, constituting 20% of the global prison population. Comprehensive analysis reveals that incarceration exacerbates poverty in the United States through the stigmatization of ex-felons and intergenerational poverty— both perpetuated by systemic exclusions. Drawing on Christian and Islamic principles, this poster highlights the universal call for justice and compassion for these marginalized individuals. The proposed reforms emphasize investment in rehabilitation programs, sentencing reform, and addressing structural inequities. Ultimately, by integrating research-based policies and collectively advocating for …

Ndls Communicator: Week Of 04.15.24, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School strengthens international ties with MOUs with Panthéon-Assas and Lucerne
• Prof. Robert P. Thompson Shares Insights on Securities Law at ND Law Patricia O'Hara Distinguished Lecture in Law & Business
• Notre Dame Law School holds third annual Interfaith Dinner in observance of Passover, Easter, Ridván, and Ramadan
• On April 11 and 12, Jay Tidmarsh participated in two panels at a conference organized by the James Humphreys Complex Litigation Center at George Washington University Law School.
• Mary Ellen O'Connell was quoted in an article by Morningstar Online, "Nicaragua takes Germany to top UN court seeking …

Jason D. Phillips Cv, Jason D. Phillips

Libraries' Documents

No abstract provided.

The Role Of Attention Mechanisms In Enhancing Transparency And Interpretability Of Neural Network Models In Explainable Ai, Bhargav Kotipalli

Harrisburg University Dissertations and Theses

In the rapidly evolving field of artificial intelligence (AI), deep learning models' interpretability

and reliability are severely hindered by their complexity and opacity. Enhancing the

transparency and interpretability of AI systems for humans is the primary objective of the

emerging field of explainable AI (XAI). The attention mechanisms at the heart of XAI's work

are based on human cognitive processes. Neural networks can now dynamically focus on

relevant parts of the input data thanks to these mechanisms, which enhances interpretability

and performance. This report covers in-depth talks of attention mechanisms in neural networks

within XAI, as well as an analysis …

Toward Accessing Hiv-Preventative Medication In Prisons, Scott Shimizu

Northwestern University Law Review

The Eighth Amendment is meant to protect incarcerated individuals against harm from the state, including state inaction in the face of a known risk of harm. While the Eighth Amendment’s protection prohibits certain prison disciplinary measures and conditions of confinement, the constitutional ambit should arguably encompass protection from the serious risk of harm of sexual assault, as well as a corollary to sexual violence: the likelihood of contracting a deadly sexually transmitted infection like HIV. Yet Eighth Amendment scholars frequently question the degree to which the constitutional provision actually protects incarcerated individuals.

This Note draws on previous scholarship on cruel …

Advancing Pretrial Assessments: Development Of The Personal Recognizance Interview & Needs Screen (Prins), Zachary Hamilton, John Ursino, Alex Kigerl

Criminology and Criminal Justice Faculty Publications

Purpose

Methods

A Note From The Editors And Author Biographies

FUSION

This document contains a note from the journal's editors, as well as biographies of the authors published in this issue.

The Integration Of Traditional Birth Attendants (Tba) Into The Maternal Healthcare System In Rural Haiti: A Photovoice Study Investigating The Perceptions Of Tbas, Roslyn J. Phillips, Mary Clisbee, Raymond Conn

InterLACE Research Showcase

No abstract provided.

Generations Of Abuse: Exploring The Sexual Assault Epidemic On Native Land, Carly White

Lincoln Memorial University Law Review Archive

The United States government has a long history of extending its reach into the affairs of Native people. Yet, it has consistently failed to protect Native women from rampant violence and abuse. Native American women have the highest rates of sexual abuse in the country. The federal government has the decision to either mend its long-standing indifference toward Indigenous women or allow them to continue to suffer under the current system. This note explores the sexual assault crisis on Indian land and seeks to bring positive change to historically marginalized women. Specifically, this note highlights the need for Congress to …

An Examination Of The Big Five, Mental Illness Stigma, And Crisis Intervention Training, Trista Wolfgram

Theses and Graduate Projects

The number of individuals incarcerated with mental illness continues to grow, and correctional officers may play a critical role in rehabilitation. A correlation analysis was conducted between Big Five personality traits and mental illness stigma to determine whether there is a significant relationship in a sample of state correctional officers who participated in Crisis Intervention Training. A mixed model ANOVA was also conducted to assess whether personality traits impacted levels of mental illness stigma following completion of the training. A moderate negative correlation was found between agreeableness and mental illness stigma. All other findings were not clinically significant, potentially due …

Celebrating Sacad, Fhsu's Annual Learning And Creative Expression Showcase, April 12, 2024, Tisa Mason Ed.D.

Heart of a Tiger Columns

No abstract provided.

Profiling Cybercriminals: Behavioral Analysis And Motivations Behind Cybercrime Activities, A'Shya Latrice Reynolds

Cybersecurity Undergraduate Research Showcase

The study of cybercriminal behavior and motivations is crucial for understanding and combating the evolving landscape of digital crime. This paper delves into the intricate realm of cybercrime profiling, employing a multidisciplinary approach to dissect the behavioral patterns and underlying motivations of cybercriminals. Drawing from psychology, sociology, and criminology, the research examines the intricate interplay of individual traits, social dynamics, and technological factors that shape cybercriminal activities.

Through analysis of case studies and research, this paper uncovers the diverse range of motivations driving individuals towards engaging in cybercrime. From financial gain and ideological extremism to thrill-seeking and revenge, cybercriminals exhibit …

The Seminar Paper Topics Graveyard, Olivia Smith Schlinck

Library Staff Online Writings

I often teach one-off academic research instruction sessions for law students, for either those working on a journal or those in a writing seminar.

My approach to these sessions is relatively standard—demonstrate the sources and strategies for academic legal research—but tailored to the individual needs and overall topic of each course. One of my favorite ways to personalize a session is to demonstrate the research process using a topic that matches the class itself. A “fake paper,” if you will.

Fort Hays State University Tiger Weekly, April 12, 2024, University Relations

Tiger Weekly Newsletters

No abstract provided.

Mass Incarceration, Violent Crimes, And Lengthy Sentences: Using The Race-Class Narrative As A Messaging Framework For Shortening Prison Sentences, Eric Petterson

St. Mary's Law Journal

No abstract provided.

Exploring The Dilemma Of Innocent Defendants In The Plea Bargaining System, Taylor Van Ostrand, Dr. Jay Medenwaldt

Celebration of Research

This study investigates the challenges faced by innocent defendants in the plea bargaining system. The dilemma arises from the choice between a risky trial and an immediate conviction for a reduced charge. The research, conducted with fifty-six undergraduate students, the rationality of innocent defendants, the influence of jail threats, socioeconomic status, and gender differences. Using hypothetical scenarios, participants review documents related to a fictitious charge, and ANOVA as well as chi-square statistical analyses are employed to assess the impact of various factors on plea decisions. Surprisingly, the presence of jail time did not significantly influence the likelihood of innocent defendants …

Examining Adverse Childhood Experiences And Black Youth's Engagement In A Hospital-Based Violence Intervention Program Using Administrative Data, Laura A. Voith, Amy Korsh-Williams

Faculty Scholarship

Background: Stemming from poverty and systemic racism, Black youth are disproportionately represented in hospital-based violence intervention programs (HVIPs) due to greater violence exposure. HVIPs are a critical intervention that have been shown to reduce rates of reinjury in urban hospitals and trauma centers across the United States; however, they are plagued by low enrollment and engagement rates. Few studies have examined factors related to engagement, particularly among Black youth. Methods: Guided by Trauma Theory and Critical Race Theory, this study uses a retrospective cohort design. Between-group differences of adverse childhood experiences (ACEs) among engaged youth compared to nonengaged youth who …

Barcoding Bodies: Rfid Technology And The Perils Of E-Carceration, Jackson Samples

Duke Law & Technology Review

Electronic surveillance now plays a central role in the criminal legal system. Every year, hundreds of thousands of people are tracked by ankle monitors and smartphone technology. And frighteningly, commentators and policymakers have now proposed implanting radio frequency identification (“RFID”) chips into people’s bodies for surveillance purposes. This Note examines the unique risks of these proposals—particularly with respect to people on probation and parole—and argues that RFID implants would constitute a systematic violation of individual privacy and bodily integrity. As a result, they would also violate the Fourth Amendment.

Far Out: The Extended Denial Of Public Access To Psychedelic Therapeutics, Andrew R. Waldeck

Texas A&M Journal of Property Law

The United States patent regime is designed to promote dissemination of information that undergirds a particular innovation. To incentivize disclosure, inventors are granted a time-limited right to exclude others from practicing the invention, thereby affording the inventor a period in which to commercialize and financially benefit from their inventive contribution. The disclosure provides information sufficient for one of skill in the relevant art to make and use the invention, and the public may freely do so upon the patent’s expiry. Global advancement of human medicine is fundamentally intertwined with the United States patent system; medical progress largely depends upon the …

Kenyon Collegian - April 11, 2024

The Kenyon Collegian

No abstract provided.

Sex Differences In Adult Incarceration After Pediatric Traumatic Brain Injury, Anurag Modak, Kyle E. Zappi, Alexander J. Catoya, Mehdi S. Lemdani, Gretchen M. Koller, Laurel Seltzer, Ryan E. Radwanski, Susan C. Pannullo

Student Publications

Pediatric traumatic brain injury (pTBI) is a major risk factor associated with adulthood incarceration. Most research into the link between pTBI and adulthood incarceration has focused on incarcerated males, who comprise the vast majority of incarcerated adults, particularly in industrialized nations. In this review, we sought to identify sex-related differences in the incidence and pathophysiology of pTBI and subsequent risk of adulthood incarceration. A scoping review was undertaken using PubMed, Scopus, Ovid, and the Cochrane Library. Articles analyzing sex-related differences in pTBI and adult incarceration rates, studies conducted on an incarcerated population, and cohort studies, cross-sectional studies, clinical trials, systematic …

Comparing Autobiographical Memories Evoked By Different Sensory Cues For Younger And Older Adults, Akira Durbin

Undergraduate Research Conference at Missouri S&T

Music has the power to take us back in time. Previous research indicates that music is a potent autobiographical memory cue, and that recall often happens with no effort on the part of the listener. Our research is also informed by the reminiscence bump phenomenon, which describes the tendency of older adults to recall autobiographical memories formed from the ages of 18-35. Informed by this phenomenon, we presented older participants with stimuli that were relevant during their youth. We displayed different stimuli to younger and older adult participants on a desktop computer. The stimuli we presented were popular music clips, …

Illicit Drug Usage And Juvenile Justice System Involvement, Selene Chavez Saucedo, April Terry

SACAD: Scholarly Activities

Drug usage is strongly associated with significant social and psychological problems for youth, including juvenile justice system involvement. Research shows that approximately 4.5 million youth, ages 12-17, have used an illicit drug in the past year. Youth drug usage is related to juvenile justice system involvement. In fact, substance abuse is a top eight risk factor for juvenile offending and reoffending. Once youth are involved within the judicial system, the correctional system must then assume the responsibility of intervening in the youth cycle of drugs and delinquent behavior. Unfortunately, research shows that substance use treatment is available only sporadically for …

Relational Justice And Relational Pedagogy In Social Care Education, Niall Hanlon

Conference papers

Given that social justice is now central to Social Care Work it is vital that educators develop critical perspectives, research and educational pedagogies that advance the principles, policies, and practices of social justice in the profession. This presentation outlines a critical perspective on social care that integrates four interrelating social justice principles: redistribution, recognition, representation, and relational justice. It argues that the principle of relational justice should be central to social care work and education. In developing this principle the paper outlines the features of a relational pedagogy for social care education that nurtures four interrelated elements: (i) caring practice; …

From Mandated Reporter To Community Supporter: Reimagining Schools And The Nexus To Address Intersectional Social Justice, Charity Chandler-Cole

LMU Theses and Dissertations

From Mandated Reporter to Community Supporter: Reimagining Schools and the Nexus to Address Intersectional Social Justice, explores the transition from mandated reporting to community support within schools, focusing on the implications for Black families and the broader goal of addressing intersectional social justice. The study critically examines the role of schools beyond their educational mandate, highlighting their potential as pivotal hubs for supporting vulnerable populations and addressing systemic issues such as racism, bias, and poverty. Through a mixed-methods approach, incorporating both quantitative surveys and qualitative interviews, the research delves into the impact of mandated reporting on Black families, the understanding …

April 10, 2024 (Vol. 108, No. 26), Daily Eastern News

Daily Eastern News: 2023-2024

No abstract provided.

An Evaluation Of Rational Choice Theory In The Criminal Justice System, Jabari Lewis, Troy Terry

SACAD: Scholarly Activities

According to the Rational Choice Theory, people commit crimes after carefully considering the advantages and disadvantages of their choices. The Rational Choice Theory's basic principles include an evaluation of potential benefits and consequences, the consideration of alternative options, and the assumption of self-interest. This poster will provide a brief background of the theory, basic assumptions, shortcomings of this theory, and existing and suggested policy implications in the criminal justice system.

After-School Care Centers, Annalise Vasquez

Student Research Symposium

The current educational landscape highlights significant disparities in funding, with schools in predominantly Black or Hispanic areas receiving less funding compared to those in predominantly White areas, largely due to disparities in property tax revenue. Biased appraisals and devaluations of homes in Black neighborhoods further exacerbate this issue. This lack of funding leads to fewer resources for Black youth, increasing their likelihood of economic struggles and involvement in the criminal justice system, perpetuating a cycle of inequity. To address these challenges, many states are focusing on legislation to secure and increase funding for afterschool programs. Efforts include allocating state resources, …