Digital Commons Network^™

Tashami J. Sims V The State Of Nevada, 139 Nev. Adv. Op. 55 (Dec. 07, 2023), Hannah Bleak

Nevada Supreme Court Summaries

A defendant can abandon an unequivocal request to represent themselves when the district court does not deny the request. A trial court conclusively denies a request for self-representation when it gives a reason for the denial that would make any future requests futile. The Court adopts the totality of the circumstances test to determine if a defendant has abandoned a request to represent themselves.

No Need To Wait: Congress Has The Power Under Section Five Of The Fourteenth Amendment To Abolish The Death Penalty In The States, Eric M. Freedman

Hofstra Law Faculty Scholarship

Reformers currently proposing the abolition of capital punishment by federal legislation have only targeted the federal death penalty. They are aiming too low. Concerns about the roughly 50 prisoners facing execution by the federal government should not cause advocates to ignore the approximately 2,400 on the combined Death Rows of the states. Congress has the authority to abolish the death penalty in the states, and good reason to exercise it. This Article takes as a given the Supreme Court’s view that the death penalty is not itself unconstitutional. But under existing law Congress would have no difficulty in compiling a …

Defense Lawyering In The Progressive Prosecution Era, Jenny Roberts

Hofstra Law Faculty Scholarship

The movement to elect so-called "progressive prosecutors" is relatively new, but there is a robust literature analyzing it from a number of angles. Scholars consider how to define "progressive prosecution," look at the movement through a racial justice lens, and examine it in the context of rural spaces, deportation, and the pandemic. One essay even offers a "progressive prosecutor's handbook." But what of the defense lawyer representing clients in a progressive prosecution jurisdiction? With the election of the new prosecutor, things may

have shifted from a highly-charged, adversarial relationship with a harsh law-and-order office to something quite different. Defenders in …

2024 Conference Program, Georgia Southern University

SoTL Commons Conference

Conference program for 2024

Fentanyl Overdoses And Use Of Randox Multistat For Investigative Purposes, Clarissa Danielle Lawen

All ETDs from UAB

The opioid epidemic started in the early 1990s with the rise of prescription overdoses. In more recent years, heroin and fentanyl use has rapidly increased. Fentanyl, specifically, is 50 to 100 times more potent than morphine. To keep up with the ever-evolving epidemic, the Randox MultiSTAT was validated for use in the medical examiner autopsy suite for the potential to aid medical examiners in triaging the need for a full autopsy versus an external examination with toxicology testing. The Randox MultiSTAT is a triage tool and investigatory screen designed to provide presumptive test results across multiple matrices. It can detect …

The Warrant Impact Study: Evaluating The Effects Of Bench Warrants On Individuals And Communities, Patrick C. Brayer

Faculty Works

No abstract provided.

Fostering Entry Level Practitioner Knowledge, Confidence, And Competence In Trauma-Informed Care Application, Mollie Keyser, Mary A. Barnes

Journal of Occupational Therapy Education

Trauma is pervasive worldwide and is associated with poor health outcomes if left unaddressed, however, a gap in practice continues to exist in the implementation of trauma-informed care (TIC). Occupational therapy practitioners will encounter individuals, communities, and populations influenced by trauma, which warrants the need for TIC to improve overall service delivery across the lifespan. However, TIC is currently not systematically integrated into any Accreditation Council for Occupational Therapy Education (ACOTE) occupational therapy educational standards. The purpose of this study was to design, implement, and evaluate a TIC application-based workshop for a sample of entry-level occupational therapy doctorate (OTD) students. …

Occupational Therapy Assistant Students’ Perceptions Of Using Standardized Patient Encounters As A Replacement For Traditional Level I Fieldwork, Tiffany L. Benaroya, Deborah Mckernan-Ace, Sandra L. Rogers, Meredith Cimmino

Journal of Occupational Therapy Education

Standardized patient encounters are being utilized more often in occupational therapy education as a replacement for traditional fieldwork. While there is a growing body of research to support the use of this model in developing student skillsets and confidence, there remains limited information on the topic, and no studies which look at its use with occupational therapy assistant students. Twenty-four occupational therapy assistant students participated in standardized patient encounters which served as a replacement for traditional Level I fieldwork. All students completed an anonymous supplementary course evaluation regarding their experiences. A secondary analysis of the data looked at their perceptions …

Consent Searches As Police Violence, David B. Owens

Articles

Henderson and Krishnamurthi’s new paper—A Wolf in Sheep’s Attire: How Consent Enfeebles Our Fourth Amendment (hereinafter Sheep’s Attire)— powerfully advocates for reform to the consent doctrine. The paper is thoughtful, well-intentioned, and useful for challenging core assumptions about the law to help us evaluate how it should work. The piece is also fun to read as the authors breathe real-world insight into old doctrine. In the end, though the article flirts with a categorical rule about consent searches, and while the authors “think it categorically unreasonable for police to ask individuals to forgo their rights” in the context …

Violence Against Women And Abortion Access: A Content Analysis Of The Impact Of The Overturning Of Roe V. Wade On Victims Of Domestic And Sexual Violence, Salika Vummarao

Honors Undergraduate Theses

On June 24, 2022, Roe v. Wade was overturned, effectively eliminating the federally protected right to an abortion. Following the overturning, several state-specific restrictions or bans on abortion were passed, creating increasingly difficult conditions for people seeking an abortion. Research shows that abortion bans and restrictions disproportionately affect victims of sexual and domestic violence. Hence, this study aims to understand the specific impact of the overturning of Roe v. Wade for victims of domestic and/or sexual violence by analysis of news articles. This issue has not been researched in depth, creating a gap in our understanding. The database NexisUni was …

Subjectively Speaking, The Applicable Standard For Deficient Medical Treatment Of Pretrial Detainees Should Be One Of Objective Reasonableness, Benjamin R. Black

Touro Law Review

There is no uniformity amongst the circuits when it comes to pretrial detainees claims for inadequate medical care. The circuits are currently grappling with this problem, applying two separate tests to pretrial detainees’ 42 U.S.C. § 1983 claims depending on the jurisdiction in which the incident arose. The test that should be applied across all circuits is one of objective reasonableness. However, some circuits do not see it that way, applying the deliberate indifference standard, also known as the subjective standard test. The circuits applying the subjective standard are relying on case law that does not properly analyze the rights …

“It’S The End Of The World As We Know It” –Redrafting Amendment To Federal Rule Of Criminal Procedure 26 To Allow Remote Testimony, Alisson Sandoval

Touro Law Review

During the COVID-19 pandemic, when society fought an aggressive and deadly virus, our connection to the outside world became predominantly virtual. Videoconference technology became essential in state and federal civil judicial proceedings. In light of the unprecedented challenges presented by the pandemic and its long-lasting impact on the criminal justice system, this Article argues for amending Federal Rule of Criminal Procedure 26 to permit remote witness testimony when a witness is unavailable.

Imminence Should Not Be A Controlling Factor In The Duress Defense In The Context Of Battered Women, Jacqueline Fink

Touro Law Review

Domestic violence is a silent killer that attacks quickly. This Note specifically discusses the Battered Woman Syndrome and the need to explore the current laws that “protect” this group. Current laws in a majority of states create a barrier that blocks battered women from obtaining the justice that should be given to all citizens. When the abused woman is at an impasse in her relationship, she may be forced to make a life-or-death decision. More likely than not, the result becomes the worst possible outcome. Domestic violence continues to be higher amongst women than men, where women are emotionally, as …

Money Matters To All Students, George Padilla, Michelle H. Abrego

Organization and School Leadership Faculty Publications

The question whether money matters in education strikes at the foundation of America’s democracy—an educated electorate. Despite decades of evidence that money does matter, the question still remains unanswered among many and even answered to the contrary of the evidence. It is important to fully understand that money does matter in American education, American lives, and America’s future and to increase awareness of political and social factors that undermine that money matters for all students to learn.

Ongoing Laboratory Performance Study On Chemical Analysis Of Hydrophobic And Hydrophilic Compounds In Three Aquatic Passive Samplers, Kees Booij, Steven Crum, Branislav Vrana, Roman Grabic, Nicolas A.O. Morin, Koen Parmentier, Cécile Kech, Petra Krystek, Kazushi Noro, Benjamin Becker, Rainer Lohmann, Laure Malleret, Sarit L. Kaserzon, Cécile Miège, Fabrice Alliot, Fabienne Pfeiffer, Denis Crowley, Magdalena Rakowska, Tomas Ocelka, Gi Beum Kim, Laura Röhler

Graduate School of Oceanography Faculty Publications

The quality of chemical analysis is an important aspect of passive sampling-based environmental assessments. The present study reports on a proficiency testing program for the chemical analysis of hydrophobic organic compounds in silicone and low-density polyethylene (LDPE) passive samplers and hydrophilic compounds in polar organic chemical integrative samplers. The median between-laboratory coefficients of variation (CVs) of hydrophobic compound concentrations in the polymer phase were 33% (silicone) and 38% (LDPE), similar to the CVs obtained in four earlier rounds of this program. The median CV over all rounds was 32%. Much higher variabilities were observed for hydrophilic compound concentrations in the …

The Black Lives Matter Movement: A Systemic Crisis That Expands Crisis Response Theory, Pam Richardson-Greenfield, Alyssa Reynolds, Ryan Cruz, Monique Bell

Atlantic Marketing Journal

Relevance to Marketing Educators, Researchers, and/or Practitioners – In response to George Floyd’s death, a variety of organizations posted messages against racism and some began to openly support Black Lives Matter, often by name, in their corporate communication initiatives. With promises of financial commitments to uplift Black communities, calls for action, and initiatives to support internal change—large and small companies, non-profits and universities—could be perceived as courageous for establishing new protocols to support such a warranted change. However, in the era of “woke washing,” or inauthentic social justice messaging, the need to assess the authenticity of corporate statements of support …

Facial First Impressions Following A Prison Sentence: Negative Shift In Trait Ratings But The Same Underlying Structure, Coral M. Coutts, Chris Longmore, Mila Mileva

School of Psychology

The first impressions we form of unfamiliar others can often guide many important decisions such as whether someone is guilty of a crime or the severity of their sentence, even in the presence of more relevant information. While most of the current work in this context has focused on their impact during trial proceedings and sentencing, little is known about the potential impact of first impressions following a guilty sentence and the success of the subsequent reintegration into society. Here, we used a data-driven approach to address this question by first collecting unconstrained spontaneous impressions from two groups of perceivers …

Identifying Patients Suffering From Housing Instability In The Emergency Department, Jarvis D. Roberts

Doctor of Nursing Practice Projects

Homelessness is the most visible form of housing instability in the United States of America. Yet, millions of people across our nation live in unstable housing, which consists of temporary housing, shelters, outside encampments, and vehicles. Many citizens facing these types of insecurities live paycheck to paycheck and are one health crisis or emergency away from financial ruin. The COVID-19 pandemic, inflation, and slow hourly wage growth have exacerbated this situation. This project aimed to construct a screening tool to identify patients suffering from housing instability in the emergency department setting and provide them with community resources.

A Review Of The Effects Of Different Types Of Stigmas On The Retention Rates Of Patients In Medication-Assisted Treatment And How To Combat The Problem, Pamela Cox

Doctor of Nursing Practice Projects

It is difficult to turn on the news without hearing about the opioid epidemic or a recent opioid overdose. There is hope because there is a treatment to help prevent this epidemic. That treatment is known as medication-assisted therapy (MAT), where patients can present and, if they meet the criteria, can be given a prescription for buprenorphine/naloxone combination medication. Treatment with buprenorphine/naloxone has been shown to be highly effective treatment for substance use disorder (SUD). Even though it has been proven that this combination works, less than 20% of patients diagnosed with SUD present for treatment. This study focused on …

The Lived Experiences Of Sex Offenders: Perceptions Of Pedophilic Offenders Regarding Engagement In Community Treatment, Ali K. Madrid

Antioch University Dissertations & Theses

Pedophilia is a complex, multifaceted disorder that has existed, in some form, throughout all of human history. It was not until 1952, with the inception of the Diagnostic and Statistical Manual of Mental Disorders (DSM-1), that it was officially characterized as a psychiatric disorder. Treatment options have included surgeries, medications, cognitive behavior therapy, combined treatments (antiandrogenic drug and psychotherapy), and preventative programs. Pedophilic offenders released to the community must complete approved treatment. The community treatment may be manualized, evidence-based and likely to be effective. However, the offender must be willing and able to access the treatment resources. Participation in community …

Cps Workers’ Perspectives On Mst-Ipv And Other Interventions For Child Maltreatment And Intimate Partner Violence: A Reflexive Thematic Analysis, Malea Lash

Antioch University Dissertations & Theses

Although the co-occurrence rate of intimate partner violence (IPV) and child abuse and neglect (CAN) is about 40% (Appel and Holden, 1998; Herrenkohl et al., 2008), little research currently exists on integrated treatment for these concerns. Furthermore, no known published studies investigate child protective services (CPS) workers’ perspectives on such treatment. The present study explores the perspectives of CPS workers on treatment for co-occurring IPV and CAN, specifically focusing on Multisystemic Therapy for Intimate Partner Violence (MST-IPV). A total of 18 Connecticut CPS workers participated in semi-structured interviews. Seven participants had experience working with MST-IPV treatment providers, while 11 participants …

Crawford And Criminal Justice, William Ortman

Scholarly Works

This essay reflects on whether Crawford v. Washington, now in its third decade of life, matters to criminal justice. For all the talk of Crawford as “revolutionary,” that is, has it made any real difference to the world of crime and punishment? I’ve confronted the question before. In a 2021 essay, I argued that Crawford probably has modest real-world effects. Crawford articulated a right that criminal defendants can exercise only at trial. In an adjudicatory system bereft of trials, trial rights don’t count for much. They impact plea outcomes only when they confer bargaining power sufficient to offset prosecutors’ …

Assessing A Potential Deviation In The Legislative Process: The Use Of Vehicle Bills In South Dakota, Neil Fulton, Sarah Kammer, Patrick M. Garry

South Dakota Law Review

No abstract provided.

The Other Half: Challenges Of The Part-Time Rural Prosecutor, Margaret Raymond

South Dakota Law Review

No abstract provided.

Using A "Moves To Innocence" Approach To Dissect And Debunk The Claim That Critical Race Theory Is Antisemitic, Diane Kemker

Lewis & Clark Law Review

In the United States, law and policy have most frequently reflected dominant white Christian majority interests. Critical Race Theory (CRT) offers powerful tools for understanding our history and situation, including that of American Jews, and how the social positions and interests of American Blacks and Jews, real and perceived, have intersected, sometimes aligning, sometimes diverging, and sometimes conflicting. And yet, among other charges leveled against it, Critical Race Theory is frequently accused of being antisemitic.

Intentionally or not, this charge delegitimizes and discredits CRT, and therefore advances the aims of all who oppose it for any reason, including white supremacists …

It Takes A Village: Impact Of Lgbtq+ Community On The Relationship Between Parenting Stress, Parent Mental Health, And Child Adjustment, Kevin Mcaweeney

Theses and Dissertations--Psychology

While LGBTQ+ parented families are largely the same as their cis-het parent counterparts, they still experience unique factors exclusive to them. One such factor is access to the LGBTQ+ community. While research has emphasized the importance of community within the family system, the role the LGBTQ+ community can play for LGBTQ+ parented families is largely unexplored. Additionally, LGBTQ+ research examining parents of adolescents is similarly lacking. Utilizing a sample of LGBTQ+ parents with adolescent children, and informed by ecological systems theory, self-determination theory, and the parenting stress model, I examine the influence parent’s sense of LGBTQ+ community has on the …

Terror And Time: Analyzing Homegrown Terrorism In The United States, Kyser Daniels-Baessler

Theses and Dissertations

The events of September 11th, 2001, prompted a global reckoning with the threat of international terrorism, leading to intensified awareness and policy responses worldwide. However, amidst this heightened global focus, the United States has faced a concerning rise in politically motivated violence on its soil. Against this backdrop, this thesis delves into the phenomenon of homegrown terrorism within the United States from 2000 to 2020. By employing advanced geospatial techniques, this study seeks to pinpoint areas nationwide with elevated rates of homegrown terrorist incidents. Moreover, it endeavors to uncover potential temporal correlations between these acts of violence and significant events, …

Understanding The Trafficking Of Children For The Purposes Of Labor In The United States, Amy Farrell, Meredith Dank, Katherine Kaufka Walts, Callie Hansson, Andrea Hughes, Chlece Neal

Center for the Human Rights of Children

No abstract provided.

I Am A Man: Understanding Black Male Identity And Mental Health Needs, Rommel Johnson

School of Rehabilitation Services & Counseling Faculty Publications

Despite the historical and perpetual trauma, racism, discrimination, socio-economical, and socio-political disparities they have experienced in the United States, Black men have consistently forged ways to demonstrate resilience and assert their own sense of autonomy and masculinity. Nevertheless, their ecological context of living in a country that has historically sought to dehumanize them and eradicate their manhood is cumbersome to their mental wellbeing. Furthermore, the tendency by researchers to pathologize Black males obfuscates the reality of their situation in the United States, minimizing their mental needs. Understanding both the complexity of their ecological context as well as their adaptability and …

Sensing Freedom: An Occupational Therapy And Service User Perspective Of Sensory Processing And Occupational Participation In Forensic Mental Health, Elanor Moore

School of Health Professions Theses

Abstract: Elanor Moore: Sensing Freedom: An Occupational Therapy and Service User Perspective of Sensory Processing and Occupational Participation in Forensic Mental HealthBackground: Sensory processing is a universal dynamic mind-body process which all individuals experience. It is influenced by the environment and impacts participation in occupations. Occupational therapists in forensic mental health inpatient settings aim to facilitate occupationally enriching opportunities, to support service users’ safe community reintegration. Emerging evidence indicates links between sensory processing and mental health, but with limited guidance on how this translates into occupation-focused practice.Methodology: A scoping review identified both inconsistency in sensory processing terminology and a limited …