Digital Commons Network^™

Michigan V. Tucker: A Reevaluation Of Miranda, Maine Law Review

Maine Law Review

In Michigan v. Tucker the Supreme Court considered whether to exclude the fruits of an interrogation that did not meet the precautionary standards of Miranda v. Arizona. The defendant contended that use of the evidence at his trial violated his fifth amendment privilege against self-incrimination. In deciding that the evidence had been properly admitted, the Tucker Court interpreted Miranda v. Arizona as outlining recommended procedural safeguards for the protection of fifth amendment rights and reasoned that omission of procedural safeguards does not necessarily constitute a violation of the underlying rights. Specifically, the Court concluded that a suspect who did not …

The Maine Rules Of Evidence: What They Are And How They Got That Way, Richard H. Field

Maine Law Review

The promulgation by the Supreme Judicial Court of the Maine Rules of Evidence is another landmark in Maine judicial administration. When the Rules of Civil Procedure were adopted in 1959, the old rules of the common law, somewhat eroded by time and patched here and there by legislative poultices, still governed Maine pleading and practice. Since then modem rules of Criminal Procedure have also been adopted, a new Criminal Code has been enacted, and the court system has been reorganized. The Maine Rules of Evidence round out this picture of progress. The Rules of Evidence were promulgated pursuant to the …

Faculty Senate Minutes 2025-04-08, The University Of Texas Rio Grande Valley. Faculty Senate.

Faculty Senate Minutes

No abstract provided.

The Effect Of A Dance-Like Martial Arts Training On Prisoners’ Concentration Ability, Uta Czyrnick-Leber, Kiara Kuhrs, Christian Kraft, Pamela Wicker, Bernd Groben

Journal of Prison Education Research

A cognitive prerequisite for education and (re)entry into the labor market is the ability to concentrate for a long period. Conducted with 39 participants, the present study examines the effect of a six-week dance-like martial arts program on prisoners’ concentration ability in an open prison in Germany (n=15), and compares their concentration ability with a control group of prisoners (n=5), as well as a treatment (n=11) and control group (n=8) of university students. Concentration ability is assessed using the d2-R concentration and attention test before, after, and six weeks following the program. The program’s participants showed significant improvements compared to …

Bringing Different Disciplines And Competitions In Your Classroom, Eric Chan-Tin, Mohammed Abuhamad

Computer Science: Faculty Publications and Other Works

It is well-known that cybersecurity does not belong only to computer science/engineering. Other disciplines such as Psychology, Criminal Justice, Sociology, and Political Science can have a great impact in cybersecurity research and education. Students taking only courses are at a disadvantage and should be encouraged to participate in cybersecurity competitions to obtain real-world skills. This lightning talk will look at incorporating two aspects in an interdisciplinary cybersecurity program/curriculum: 1) different disciplines and majors such as Psychology, Criminal Justice, Political Science, Sociology into the cybersecurity program; and 2) including cybersecurity competitions as an integral part of the cybersecurity classroom and curriculum. …

Osoby Fizyczne W Obliczu Identyfikacji Biometrycznej – Analiza Art. 5 Rozporządzenia O Sztucznej Inteligencji Ze Szczególnym Uwzględnieniem Ochrony Konsumentów, Aleksander Kolasa, Maciej Panek, Zuzanna Gajewska

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

In view of the intensification of artificial intelligence development, the European Union has regulated its use in Regulation 2024/1689, the Artificial Intelligence Act. The regulation is based on an analysis of the risks posed by individual artificial intelligence systems, including in relation to fundamental rights. The authors analyze Article 5 of the Regulation covering prohibited practices related to biometric identification, focusing on their impact on the protection of fundamental rights of individuals, especially consumers. The purpose of the article is to assess whether the solutions adopted effectively fulfill the above premise, which underlies the Artificial Intelligence Act, and to propose …

Free Speech, Assembly, And Labor Rights In Singapore And The United States, Tyler Smith

University of Miami International and Comparative Law Review

No abstract provided.

An Exploration Of The Relationship Between Age And Disposition In The Juvenile Court Data, Jaden Reign Deblois

Honors Program Theses and Projects

Struggles with depression are prominent among the population of incarcerated individuals. After COVID-19, the impacts of depression became more profound among incarcerated youth. For youth with previous diagnoses, the impacts of depression were more severe. To better understand the scope of the issue, this literature review examines how the field currently understands COVID-19’s impact on the depression of incarcerated youth. Findings suggest that factors such as isolation, physiological social stressors, and prior mental health diagnosis contribute to depression among incarcerated youth. Implications for mental health prevention and treatment for incarcerated youth will be discussed.

Faculty Senate Monthly Packet April 2025, Portland State University Faculty Senate

Faculty Senate Monthly Packets

The April 2025 monthly packet includes the agenda, appendices, and the Faculty Senate minutes and attachments given in the meeting held April 7, 2025.

Cyber And Tech-Based Partner Stalking In Jefferson County, Norah Wulkopf

Undergraduate Theses

Since stalking laws were enacted in the 1990s, they have been historically difficult to enforce. As less and less of our lives become private due to our ever-present devices, stalkers frankly have more access to their targets than ever before. The tenuous nature of stalking laws and the growing resources for stalkers place targets of stalking in a very precarious situation: the legal system has never been adequately equipped to handle stalking cases, and local justice systems do not have the resources to handle tech-based crimes. Through interviews with actors in the criminal justice system, this presentation considers how these …

Navigating Circuit Splits: Analyzing Career Offender Enhancements In The Federal Sentencing Guidelines Through Canons Of Construction, Riley M. Goff

Undergraduate Theses

This paper analyzes the Career Offender Enhancement within the Federal Sentencing Guidelines. This enhancement can provide unequal sentences for similarly situated defendants in different federal circuits. This paper seeks to investigate the current circuit split and utilize the canons of construction to provide a better understanding of how this split could be resolved and the philosophical reasoning. To answer this question, I conducted a case study on four different cases within four different circuits to understand the courts' reasoning behind their application or lack of application of the Career Offender Enhancement. The results show two main issues surrounding the enhancement: …

Exploring The Impact Of Internalized Negative Stereotypes On Black Women's Identity Development, Mental Health, And Resilience, Angela Nicole Clarke

Walden Dissertations and Doctoral Studies

Stereotypes affect Black women’s self-concept, psychological well-being, and overall mental health, influencing how they perceive themselves and are perceived by others. This descriptive phenomenological study explored the lived experiences of Black women who have internalized negative stereotypes, such as the angry Black woman and strong Black woman, and explored their impact on identity development and mental health. Intersectionality theory provided the framework for the study. Data were collected from semistructured interviews with 15 Black women from the Southeast and Southwest United States. Thematic analysis revealed key patterns of resilience such as community support, code-switching, and self-affirmation. Findings also highlighted the …

Chimes: April 7, 2025, Calvin University

Chimes

CPI celebrates 10 years by James Chelekis & Robert Hine

Faculty respond to Calvin's official report to CRC Synod 2025 by McKenna Wilkinson, Clare Rybicki & Graham Kort

Funding for library services cut nationwide by Grace Buller

Faculty Gender Divide at Calvin by Elisabeth Stevens

Calvin Disc Gold competes at National -- and brings the sport back to campus by Zach Kern

On This Year's Graduation Speaker by Elisabeth Stevens

Letter from the editor: Diversity at Chimes by Ethan Meyers

Emergency Operations Plan To Sufficiently Support Prison Disaster Preparedness, Nyhrie Love Chapman

Walden Dissertations and Doctoral Studies

Emergency management in correctional facilities is a critical aspect of institutional safety and security. Natural disasters and public health crises have exposed significant gaps in preparedness, leaving incarcerated individuals and staff vulnerable during emergencies. This qualitative study was conducted to examine prison staff members’ perspectives on the effectiveness of emergency operations plans (EOPs) in responding to natural and human-made disasters. Guided by social vulnerability theory and policy implementation and effectiveness theory, this study employed a phenomenological approach to explore staff experiences. Through 12 in-depth interviews, participants described challenges related to resource limitations, training deficiencies, and breakdowns in communication between agencies. …

Risk, Vulnerability, And Resilience In “Natural” Disasters: A Hurricane Katrina Case Study, Scarlett Oaks '25

Honor Scholar Theses

With the rapid rate of climate change, major weather events and natural disasters are predicted to become more commonplace. An understanding of the factors to a community’s economic and social rebuilding can foster resilience against future disasters, even with a changing climate and the slow implementation of climate policy. Hurricane Katrina caused billions of dollars in damages and nearly 2,000 casualties when the storm reached New Orleans in 2005. The lessons learned from Hurricane Katrina can inform resilience efforts and identify gaps in preparedness and protection. An investigation of the historical inequalities that persisted in New Orleans reveals that neoliberal …

How We Judge Victims In A Social Context, Olivia Slater

Bridges: An Undergraduate Journal of Contemporary Connections

This study examines the role of situational context and judgements of the victim on social reintegration of a victim based on their forgiveness decision after a transgression. In this 2x2 experimental study, participants read a fictitious scenario about a victim who either forgave or did not forgive a transgression, with additional contextual information either provided or withheld. A total of 162 participants completed a questionnaire including both quantitative and qualitative responses. The analysis showed significantly higher levels of agreement with forgiveness decisions when the victim did not forgive, and significantly higher levels of agreement for either forgiveness decision when context …

It’S Time For A Change: A Proposal To Abolish Solitary Confinement From Canadian Prisons, Amy Rico

Bridges: An Undergraduate Journal of Contemporary Connections

Despite Canada’s reputation for being a leader in human rights, its treatment of prisoners requires a closer examination. In particular, prisoner and human rights advocates have widely criticized the use of solitary confinement in Canadian federal and provincial prisons as a form of torture. Solitary confinement imposes excruciating and demeaning conditions on prisoners, jeopardizing their mental and physical welfare. Following court decisions deeming solitary confinement unconstitutional, the federal government replaced the formal use of solitary confinement with structured intervention units. However, these units continue to be a reformulated version of the original practice, sustaining the torturous conditions subjected to inmates. …

Actions Speak Louder Than Words: Public Perceptions Of Victim Forgiveness And Offender Reparative Effort, Samantha Does

Bridges: An Undergraduate Journal of Contemporary Connections

Passing judgment is an inevitable aspect of human behaviour, particularly in cases of severe wrongdoing or crime. These assessments can affect the individuals implicated in the transgressions, including the victim and offender. This research enhances our understanding of how third parties judge offenders and victims of crime, exploring whether offender participation in rehabilitation, offender remorsefulness, and the victim's forgiveness following a crime influence the third party's judgement of the victim and offender. Participants were presented with a scenario depicting a significant transgression, after which they responded to prompts concerning their perceptions of the event and the people involved. The findings …

Stacked Against Defendants: Retroactivity, Vacatur, And The First Step Act In Hewitt V. United States, Matthew N. Barry

Duke Journal of Constitutional Law & Public Policy Sidebar

In 2018, Congress passed the First Step Act with overwhelming bipartisan support. One of its provisions, § 403, clarifies 18 U.S.C. § 924(c) by eliminating the "stacking" of mandatory minimum sentences for certain firearm offenses for first-time offenders. Section 403(b) makes the provision retroactive so long as "a sentence for the offense has not been imposed" as of the Act's date of enactment.

In 2009, bank robbers Corey Duffey, Tony Hewitt, and Jarvis Ross were convicted of several federal crimes, including stacked § 924(c) offenses. After their sentences were vacated in 2020, they argued that they should be resentenced under …

Addressing Hiv And Substance Use Health Disparities Among Racial/Ethnic Minority Individuals, Jamie V. Saunt, David L. Hussey

Faculty Scholarship

Purpose of Review: Advances in HIV testing, prevention, and treatment, alongside increased awareness and harm reduction efforts for substance use disorder (SUD) have improved care and treatment access over the past decade. However, racial and ethnic minorities with SUD and HIV or at risk for HIV still face disproportionately high health disparities. Understanding and addressing the reasons behind these disparities is crucial. Recent Findings: Structural and systemic barriers continue to negatively impact minoritized communities, due to lack of access to care, mistrust, and feelings of ostracization. Disconnected systems for HIV and SUD treatment complicate combined care. Delays in HIV diagnosis …

Perspectives Of Probation Officers On Training To Support Women Who Commit Co-Occurring Crimes, Cynthia Stephens

Walden Dissertations and Doctoral Studies

The lack of understanding about probation officers’ (POs’) training views, especially concerning female offenders, reduces training and reentry effectiveness for female criminals. This study investigated POs’ perspectives on their training to assist women with co-occurring offenses by developing a practical intervention framework to improve reentry outcomes. The labeling and dual-role relationship theories served as the theoretical foundation to answer the research question, which involved identifying the perspectives of POs on training to support women with co-occurring crimes. A phenomenological design and in-depth face-to-face PO interviews were appropriate to answer the research question. Thematic analysis occurred to identify key concepts revealed …

A Qualitative Examination Of Probationary Police Candidate Success And Attrition, Joseph Eugene Roy

Walden Dissertations and Doctoral Studies

Law enforcement has undergone significant changes, requiring modern officers to embody a complex blend of traditional values and adaptive capabilities. Despite rigorous selection and training processes, some police recruits leave the profession prematurely, often during their probationary or field training phases. This early attrition represents a costly challenge for law enforcement agencies, with training expenses sometimes exceeding $200,000 per recruit. This qualitative study explored the lived experiences of police recruits who successfully completed field training and compared them to the observations of FTOs who trained recruits who left law enforcement early. The research used Edwin Sutherland’s differential association theory and …

Voces, Poemas E Historias, Miguel García, Teresa Buzo Salas

World Languages & Cultures: Faculty Bookshelf

This collection includes Spanish poems written by students enrolled in elementary- and intermediate-level Spanish courses at Georgia Southern University. These poems were written between Fall 2020 and Spring 2024 and counted as the students’ final written projects.

Esta colección incluye poemas en español escritos por estudiantes inscritos en cursos de Español de nivel elemental e intermedio en la Universidad de Georgia Southern. Estos poemas fueron escritos entre el otoño del 2020 y la primavera del 2024, y contaron como el proyecto final escrito.

Sentencing, Melvyn Zarr

Maine Law Review

Once the legislature has defined the acts it will punish as criminal, it must then establish a sentencing system. There are two principal features of a sentencing system: it grades crimes according to seriousness, and it apportions sentencing discretion among the legislature, the courts, and administrative agencies. The device for apportionment between the legislature and the courts is the mandatory sentence, by which the legislature may fix a period of imprisonment for a crime and forbid judges to grant probation. Apportionment of sentencing discretion between the courts and administrative agencies, on the other hand, is governed by the choice between …

Gambling, Michael D. Seitzinger

Maine Law Review

Simplification of the laws which define criminal offenses and decriminalization of behavior no longer warranting the enforcement mechanisms of the criminal law were two principal objectives of the Criminal Code Revision Commission. Chapter 39 of the Criminal Code contains the revision of Maine's anti-gambling statutes and illustrates as well as any Code chapter the application of these objectives to the formulation of substantive criminal offenses. The substantive provisions of the prior law failed, for the most part, to define key terms. Without such definitions, the provisions of Title 17 which established the elements of an offense were often prolix and …

Introduction, Gerald F. Petruccelli

Maine Law Review

Others, most notably the late Professor Herbert Packer, have written extensively in recent years concerning the limits of the criminal sanction, and it seems trite to observe that the subject matter is hardly novel and has been the subject of literary and philosophical discourse for centuries. The purpose of this brief presentation, therefore, is not to review that voluminous literature or to make expansive claims for the new Maine Criminal Code. Rather, it is to show that the new Maine Code was written with an awareness of the basic premises both of classical theories of limited public intrusion into private …

Compelled Expression: Maynard V. Wooley, Maine Law Review

Maine Law Review

In 1969, the New Hampshire legislature enacted a law requiring that the state motto, "Live Free or Die," be displayed on all license plates for noncommercial vehicles. Many individuals in New Hampshire objected to the motto for various religious or philosophical reasons, and several decided to obliterate the motto by placing tape or painting over it. After numerous prosecutions under the license plate defacement statute, the constitutionality of the law was challenged as it applied to the obliteration of the motto. In 1972, the New Hampshire Supreme Court in State v. Hoskin held that the law did not violate the …

The Burden Of Proof And The Insanity Defense After Mullaney V. Wilbur, Maine Law Review

Maine Law Review

In 1970, the Supreme Court of the United States in the case of In re Winship specified an evidentiary standard of proof for criminal prosecutions as a requirement of the due process clause of the 14th amendment: "Lest there remain any doubt about the constitutional stature of the reasonable doubt-standard, we explicitly hold that the Due Process Clause protects the accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged." Five years later, in Mullaney v. Wilbur, the Court extended Winship to invalidate Maine's statutory scheme of …

Constitutional And Legislative Issues Raised By The Entrapment Defense In Maine, Maine Law Review

Maine Law Review

In recent years the increase in undercover investigative activity by police agents has generated considerable interest in the defense of entrapment. The entrapment defense to a criminal prosecution has been recognized either judicially or legislatively in most jurisdictions in the United States. The proper formulation of the defense, however, has given rise to conflicting opinions involving various evidentiary and constitutional considerations. In raising the defense of entrapment, a defendant does not deny that he committed the acts constituting the crime, but rather asserts that, on grounds of public policy, he should not be convicted. In Maine, the defense of entrapment …

The Validity Of The Restrictions On The Modern Advisory Opinion, Maine Law Review

Maine Law Review

In 1831 the Maine House of Representatives, relying on its constitutional authority to request advisory opinions, sought the counsel of the Justices of the Supreme Judicial Court regarding voting requirements for the election of state officers. Because the House was about to adjourn, it requested that the Justices forward their answers to the Governor for publication. The Justices, without mentioning any constitutional limitation on their power to answer questions propounded by the Governor or the Legislature, complied with this request. One hundred and forty years later, the Senate requested the Justices' advice regarding the reapportionment of the House of Representatives. …