Digital Commons Network^™

2023-2024 Louisiana Juvenile Justice, Institute For Public Health And Justice, Data Collecting And Reporting

Policy & Position Papers

No abstract provided.

Cybersecurity—The Human Element, James Mcgibney

Theses and Dissertations

This phenomenological study’s objective was to review the existing initiatives for cybersecurity awareness and training that are in place for the K-12 education system throughout the United States. Every facet of life is now plagued by the potential, perceived, and real threat of cyber warfare, which includes, but is not limited to, K-12 schools throughout the United States. Massive cascading effects result from cybersecurity breaches, and some are so severe that the targeted organization is forced to shut down. The digital anatomy of these massive hacks' origins is sometimes overlooked in their context. Even if they have the best intrusion …

Lifting The Voices Of Cisgender Female Survivors Of Sexual Violence: A Systematic Review Of Their Experiences With Formal Support Providers/Systems, Madeleine Walker

Theses and Dissertations

This qualitative systematic review aimed to recognize what adult cisgender female survivors of sexual violence said about their experiences with formal support providers upon disclosure and their recommendations to enhance the disclosure process. Using a deductive content analysis of nice qualitative studies, the researcher identified and explored supportive and unsupportive formal support providers’ behaviors. Results indicated that supportive experiences typically involved aspects of both emotional support and tangible aid. Unsupportive experiences mainly focused on how providers responded to and negatively treated cisgender female survivors during the entirety of the investigation process. Also, cultural factors, such as race, gender, ethnicity, and …

The Impact Social Support And Community-Based Programs Have On The Reduction Of Recidivism, Lysa Lynnette Liggins

Theses and Dissertations

Recidivism is defined as the tendency for an individual to relapse into criminal behavior after being incarcerated. This poses a challenge to the criminal justice system and there is a growing recognition of the role that receiving social support plays in decreasing the rate of recidivism. This research provides a comprehensive review of the literature that examines the impact of social support on reducing recidivism. This study reviews and synthesizes findings about community-based programs’ positive impact on formerly incarcerated individuals. Also, it explores the five components of social support: emotional support, informational support, tangible support, networking support, and affirmation of …

Promoting And Reforming Kenya’S Customary Justice Systems In Criminal Cases, Daniel S. Mcconkie Jr.

Emory International Law Review

Kenya’s indigenous customary justice systems developed over time to administer African justice rooted in local community harmony. British Colonialists imposed a foreign legal system, and Kenya formally retained that system even after gaining independence in 1963. Nevertheless, ordinary Kenyans today continue to resort to customary justice systems for their legal problems, including many crimes. The 2010 Constitution requires the judiciary to promote customary justice systems because they are trustworthy and accessible. Paradoxically, though, the Constitution also forbids these customary justice systems from contravening other constitutional provisions. Therein lies the difficulty. Customary justice systems’ procedures do not always comport with …

Excessive Alcohol Use In Charlotte County, Florida, Lindsay Tomaras

Selected Social Change Portfolios in Prevention, Intervention, and Consultation

Significant Findings: Charlotte County in southwest Florida is a rapidly growing area for residents and vacationers alike. Although a naturally beautiful destination, excessive alcohol use is higher here than the state average, and motor vehicle crash deaths involving alcohol are significantly greater than both state and national averages (County Health Rankings & Roadmaps, 2024). Alcohol use is a contributing factor to a multitude of physical and mental illnesses, resulting in a massive economic burden on society. These negative consequences disproportionately impact marginalized populations such as LGBTQ+ community members and Hispanic males. The county can reduce this financial strain through increased …

Principles Of Prosecutor Lenience, Jeffrey Bellin

Faculty Publications

[T]here are profound questions about the when and why of lenience, and particularly prosecutor lenience. The answers speak to one of the great mysteries of American criminal law: the role of the prosecutor. I have taken on this mystery in recent years and continue the effort here by offering a skeletal framework for prosecutor leniency. The framework proposes three principles of prosecutor lenience. Prosecutor lenience should be (1) non-arbitrary, (2) equal, and (3) abundant.

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This Symposium Essay explores prosecutorial lenience through the lens set out above. Part I defines prosecutorial lenience and proposes three principles to guide its exercise. …

Ai-Based Evidence In Criminal Trials?, Sabine Gless, Fredric I. Lederer, Thomas Weigend

Faculty Publications

Smart devices are increasingly the origin of critical criminal case data. The importance of such data, especially data generated when using modern automobiles, is likely to become even more important as increasingly complex methods of machine learning lead to AI-based evidence being autonomously generated by devices. This article reviews the admissibility of such evidence from both American and German perspectives. As a result of this comparative approach, the authors conclude that American evidence law could be improved by borrowing aspects of the expert testimony approaches used in Germany’s “inquisitorial” court system.

Can Judges Help Ease Mass Incarceration?, Jeffrey Bellin

Faculty Publications

A scholar considers how judges have contributed to historically high incarceration rates -- and how they can help reverse the trend.

Symposium Introduction: The Effect Of Dobbs On Work Law, Nicole Buonocore Porter

Faculty Publications

In March 2023, Chicago-Kent College of Law hosted a symposium—The Effect of Dobbs on Work Law—to explore the ways that the Dobbs abortion decision has affected the workplace. The presenters at that live symposium wrote articles that are being published in this journal. As the host of the symposium and the Editor of this Journal, I use this Article to introduce the articles in this symposium issue and to provide my reflections on them. I also briefly address the topic that I presented at the symposium—the effect of Dobbs on people with disabilities.

2023 State-Of-The-States Survey Of Jury Improvement Efforts, Paula Hannaford-Agor, Morgan Moffett, Breanna Bell

Faculty Publications

In 2007, the National Center for State Courts (NCSC) published findings from the State-of-the-States Survey of Jury Improvement Efforts (SOS Survey), the first comprehensive snapshot of jury operations and jury trial practices in the United States. The 2007 SOS Survey featured three discrete components: a statewide survey documenting legal infrastructure for juries and jury trials in each state; a local court survey, which documented jury operations at the county-level in state courts; and a judge & lawyer survey, which asked respondents to describe the characteristics and procedures employed in their most recent jury trial.

By the mid-2010s, NCSC began receiving …

Exploring Evidence-Based Intervention Methods In The Juvenile Justice System, Edgar J. Quinones-Gomez

Honors Undergraduate Theses

A large body of research has been devoted to understanding evidence-based interventions (EBI) and their effectiveness in the juvenile justice system. This systematic review examines three commonly used interventions used to reduce recidivism among adolescents involved in the juvenile justice system: Cognitive-Behavioral Therapy (CBT), Functional Family Therapy (FFT), and Multisystemic Therapy (MST). The systematic review analyzes findings from prior studies evaluating the impact of CBT, FFT, and MST on recidivism among adjudicated youth. The sample includes 23 peer-reviewed studies that utilized samples of adjudicated youth in the United States and were published after 2010. Findings revealed CBT as the most …

Elements Of The Criminal Mind, Kelsie A. Esposito Ms.

Honors Undergraduate Theses

Studying human behavior and societal dynamics has captivated scholars across time. From ancient philosophers like Plato to contemporary researchers, the quest to comprehend our distinctiveness and the mechanisms that enable harmonious coexistence remains paramount. This thesis examines the enigmatic realm of the “criminal class,” looking at their identity and actions and the cognitive processes underpinning their behavior. Focusing on violent criminal offenders, this thesis seeks to provide greater meaning and understanding of the criminal mind.

The Future Scope Of The Character Evidence Prohibition: The Contextual Statutory Construction Argument That Could Finally Force The Policy Discussion, Paul F. Rothstein, Edward J. Imwinkelried

Georgetown Law Faculty Publications and Other Works

The general prohibition of character evidence is one of the most important doctrines in American Evidence law. Since the Supreme Court has held that the Eighth Amendment forbids status offenses in adult prosecutions, the doctrine has constitutional overtones. Federal Rule of Evidence 404(b) applies the prohibition to evidence of an accused’s other crimes and wrongs. Since such evidence can be inflammatory and the Rule’s limits sometimes confusing, Rule 404(b) generates more published opinions than any other provision of the Federal Rules of Evidence. Although the prohibition extends beyond other crimes, most of the controversy swirls around the Rule’s application to …

In Re: Social Media Adolescent Addiction/Personal Injury Products Liability Litigation, Northern District Of California

Historical and Topical Legal Documents

No abstract provided.

Second Amendment Immigration Exceptionalism, Pratheepan Gulasekaram

Publications

This Essay critiques the decision to uphold federal gun restrictions on unlawfully present noncitizens on the basis of "immigration exceptionalism." It argues that courts should avoid applying bespoke constitutionalism to criminal laws, including gun laws, simply because the law regulates noncitizens. This Essay shows why such exceptional modes misapprehend long-decided Supreme Court cases and well-established legal doctrine. Further, it warns that an exceptional approach to Second Amendment claims by unlawfully present noncitizens cannot be cabined to either firearms or the unlawfully present. Rather, it portends a wider gulf in constitutional protections for all noncitizens across a variety of fundamental criminal …

Trends, Challenges, And Evidence-Based Strategies For School Dropout Prevention In Virginia, David B. Naff, Thea Racelis, Regina Frazier, Meleah Ellison, Christina Tillery, Andy Bristow, Audra P. Lancaster, Sabrina Evans, Leah Wiedenhoft, Dina Abdul Rahman, Sharrie Merritte, Karli Johansen, Sooyeon Moon, Jean Samuel, Tara Davison

MERC Publications

This MERC research and policy brief explores school dropout prevention by focusing on recent trends and research. It addresses the following questions:

1) What are recent trends in school dropout?
2) What factors contribute to school dropout?
3) What are the consequences and implications of school dropout?
4) What are evidence-based strategies for school dropout prevention?
5) What are federal, state, and division-level policies related to school dropout prevention in the MERC region?

It concludes with a series of key takeaways and recommendations.

A Qualitative Analysis Of Section 1983 Filings By Incarcerated Plaintiffs, Hollie Macdonald

Theses and Dissertations

The onset of the COVID-19 pandemic was a “watershed moment" in human history, transcending its role as a mere health crisis to reveal deeper fissures within societies. The present retrospective longitudinal study examined COVID-19 as an “era” of complexity utilizing it as an intermediate construct that delineates “pre-COVID” and “post-COVID.” In order to understand the impact of the COVID-19 era, the design of the study and hypotheses stem from an assumption of the interconnectedness of issues related to health, social justice, racial justice, politics, and information dissemination.

This study utilized both manifest and latent content analysis to explore the most …

How Ebony Transcends In The Ivory Tower: Unveiling Transformational Black Women Forging Leadership Paths In Historically White Institutions, Lauren N. Jackson

Theses and Dissertations

Considerable literature has amplified the perceived challenges and deficits of Black women as they advance in their careers within historically white institutions (HWI). As a result, there is a notable absence of anti-deficit explorations of the inherent abilities and strengths that contribute to Black women’s professional mobility. Grounded in anti-deficit achievement framework and Black feminist leadership, this study aimed to illuminate the assets and factors that influence the professional ascension of seven, current/former senior-level Black women in a HWI within the Southeastern region of the U.S. By adopting a qualitative, phenomenological framework, this study provides in-depth insights into the participants’ …

Evaluation Of Alternative Methods For Dna Recovery Of Compromised Skeletal Remains, Ciara N. Rhodes

Theses and Dissertations

Skeletal remains frequently serve as the sole source of genetic material available for developing a profile in cases concerning unidentified human remains or mass casualties. Nevertheless, as unidentified skeletal remains age and are exposed to uncontrolled environmental conditions, the success rates of conventional methods of bone analysis diminish significantly. The physical and mechanical processing of skeletal remains into fine powder for DNA isolation and downstream analysis can substantially impact the quality and quantity of recoverable genetic information. This concern may be exacerbated when dealing with degraded forensic skeletal remains. Few studies have explored whether pulverization of bone samples contributes to …

Redesign, Evaluation, And Validation Of A Commercially Viable High-Resolution Melt Based Mixture Screening Tool, Chastyn Smith

Theses and Dissertations

Analysis of evidentiary samples containing DNA from multiple contributors (“mixtures”) is a time intensive process for a forensic analyst and one where the contributor nature of a sample is not revealed until the end of the traditional forensic workflow. Often, at this stage, retesting or additional testing of mixture samples may not be possible, particularly if the DNA collection device did not preserve the DNA well enough; consequently leaving only trace amounts of a contributor’s DNA present. Thus, a new collection device that would allow for the increased preservation/integrity of evidentiary samples as well as a method that would allow …

Review Of Policing Empires: Militarization, Race, And The Imperial Boomerang In Britain And The Us, Jonathon J. Booth

Publications

No abstract provided.

Mercy For The Masses: A Default Rule For Automatically Triggered Commutations, Adam Gershowitz

Faculty Publications

This Essay considers how governors who are interested in reducing mass imprisonment can provide “mercy for the masses” who are in the middle of the criminal justice punishment spectrum. It draws on the successful mass pardons for misdemeanor marijuana offenses, as well as the aspects of the Obama Clemency Initiative that worked well. The proposals that follow offer four variations on a default rule for automatic, but modest, mass commutations.

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This Essay proceeds as follows. First, Part I explains how the modern clemency power has often been focused on death penalty cases and low-level misdemeanors. Part II then recounts …

Aggressor Status And Its Impact On International Criminal Law Case Selection, Nancy Amoury Combs

Faculty Publications

The laws of war apply equally to all parties to a conflict; thus, a party that violates international law by launching a war is granted the same international humanitarian law rights as a party that is required to defend against the illegal war. This doctrine—known as the equal application doctrine—has been sharply critiqued, particularly by philosophers, who claim the doctrine to be morally indefensible. Lawyers and legal academics, by contrast, defend the equal application doctrine because they reasonably fear that applying different rules to different warring parties will sharply reduce states’ willingness to comply with the international humanitarian law system …

Reimagining The Inclusive Jury, Anna Offit

Faculty Publications

At the height of the COVID-19 pandemic, everyday life for many Americans was upended. And yet, the jury trial remained viable — even vital. Faced with an era-defining public health disaster, courts innovated, embracing novel technologies and techniques to reimagine where and how justice might be made. But why did it take a pandemic to spur this kind of institutional creativity? Prior to the outbreak of COVID-19, people who were otherwise eligible to participate as jurors were routinely — and uncontroversially — struck or exempted from service due to limited mobility, vision and hearing loss, and caregiving responsibilities. Recent experience …

The Game, The Players, And The Board, Bruce E. Boyden

Faculty Publications

Christopher Seaman and Thuan Tran’s fascinating article, Intellectual Property and Tabletop Games, raises important questions about the role of intellectual property in developing and distributing innovative products. The market for tabletop games, Seaman and Tran argue, is able to sustain a high level of creativity at a high up-front cost, all while protected by some but not all of the IP rights that other industries’ outputs receive. Is that evidence of IP’s necessity or its superfluousness? In this Response, I argue that the answer is a little bit of both. Whereas prior scholarship has shown the lack of an …

Showing Mercy Through A Presumption Of Retribution, Marah S. Mcleod

Journal Articles

From the Article

This Essay proposes a path toward the systematic consideration of mercy in American sentencing. America does not have to choose between retributive blame on the one hand and nonjudgmental mercy on the other. Inspired by Whitman's description of the European "presumption of mercy," America can implement a presumption of its own-one that opens the door to the nonarbitrary exercise of mercy, while retaining a clear focus on retributive desert. Such a presumption, tailored to American political realities and moral norms, might be called a "presumption of retribution"-and this presumption could be codified in law while explicitly made …

An Exploration Of The Sense Of Belonging For African American Women Licensed Clinicians In A Voluntary Professional Counseling Organization, Raushanah Jackson

Graduate Research Theses & Dissertations

Due to historical oppression in academe, the voices of African American women have been excluded, or unjustifiably limited, in academic research and from mainstream psychological thought. This study was one aim at understanding the experiences of belonging of women of African American ancestry who were clinically licensed professional members in a volunteer member counseling organization. Centering African American women’s voices was used through a lens of critical race theory and Black Feminist Thought to illuminate the structural, representational, and sociopolitical barriers that African American women face. An Interpretive Phenomenological Analysis approach was used to center the voices of five licensed …

Incarcerated To Educated: The On-Campus Experiences Of College Students Post Incarceration, Taylor Comer

Masters Theses

As reentry rates continue to climb in the United States, more individuals with felony convictions on their criminal records will be looking to obtain post-secondary education to make themselves more marketable in the workforce. The purpose of this narrative study was to examine the experiences of three individuals that pursued higher education after being released from prison. It was determined that the criminality of these individuals had minimal impact on their experiences in higher education, and that there are other components of their identity that have a heavier influence on their likelihood of success. The other components of their identities …

Is It In The Job Description? Best Practices For School Psychologists’ Advocacy For Systemic Change Benefiting Black Students, Taylor Manuel Moore

Theses and Dissertations

School psychologists can be essential team members in driving systemic change towards achieving educational fairness, as their experiences, perspectives, and actions significantly contribute to this effort. This qualitative phenomenological study delved into an in-depth investigation of the lived experiences of school psychologists who have committed themselves to advocating for transformative changes that have a direct influence on the educational paths of Black students. The research design entailed conducting in-depth interviews with practicing school psychologists who have actively engaged in advocacy campaigns. The objective of phenomenological inquiry was to reveal the fundamental nature of individuals' experiences, providing insight into the obstacles …