Digital Commons Network^™

An Empirical Assessment Of New Jersey's Mistaken Imprisonment Act, Jeffrey S. Gutman

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

“Beat My Teeth Out And Then Kick Me In The Stomach For Mumbling”—Denying Compensation To The Innocent Who Pleaded Guilty, Donald A. Dripps

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Pleading For The Fifth: How Assisting Law Enforcement For T & U Visas Violates Immigrants’ Right Against Self-Incrimination, Maya Huffman

Immigration and Human Rights Law Review

Human trafficking is a transnational crime that has decimated the lives of many innocent victims, especially those seeking to immigrate to the United States. In 2000, Congress enacted the Trafficking Victims Protection Act, which created T and U visas for victims of severe forms of trafficking and other crimes, respectively. Although these visas were created to protect especially vulnerable immigrants, they ultimately are more harmful than helpful. A condition for being granted a T or U visa is that the applicant must assist law enforcement in the investigation and prosecution of the perpetrator of the crime they are a victim …

Post-Conviction Relief In Immigration Law: A Valid Solution Or Merely Perpetuating The Problem?, Will Gronefeld

Immigration and Human Rights Law Review

Immigration courts are underfunded and overwhelmed. Many noncitizens face challenges navigating the complex jurisprudence of immigration law, let alone successfully arguing their claims in court. As a result, the role of counsel takes on an even greater importance for noncitizens. However, no right to counsel exists for noncitizens. Many noncitizens who have built lives in America are deported due to difficulty navigating the complex field of immigration law on their own, not the merits of their claim. Post-conviction relief provides a legal avenue for noncitizens to challenge these decisions. This article explains the role of post-conviction relief, specifically claims of …

Children And Family Unity: The Unintended Effects Of The Unlawful Presence Bars, Shannon Conroy

Immigration and Human Rights Law Review

This Article examines the adverse consequences of the unlawful presence bars (ULP bars) on the fundamental right to family unity, with a particular focus on children as collateral victims. While the ULP bars intended to curb entering without inspection, they have had unintended and disproportionate effects on immigrant families, especially children. This Article argues that the ULP bars violate children’s right to family unity, highlighting the legal and social challenges that the bars impose on families. Further, this Article explores the severe challenges faced by families, including the effects on children’s well-being and the disproportionate impact on low-income and immigrant …

Environmental Injustice At Toxic Appalachian Prisons, Molly Baker

Immigration and Human Rights Law Review

In the United States, both federal and state governments continue to build prisons at toxic locations despite the serious health and safety hazards for prisoners. This Article discusses how the convergence of destructive and toxic mining operations with the rural prison boom in the Appalachian Mountain region has resulted in grave human rights violations at the hands of government actors. “Toxic prison siting,” the practice of constructing new prisons at toxic former mining sites, in Appalachia continues to violate the right to the highest attainable standard of physical and mental health as laid out in the International Covenant on Economic, …

Barred From Every Angle: Ninety Days To Save Your Life From Arkansas Prisons, Lindsay Mast

Arkansas Law Review

Charlie Vaughn has been incarcerated since 1991 in Arkansas’s Tucker Unit maximum security prison, serving a life sentence for a first-degree murder he did not commit. His actual innocence is simply irrelevant in the State of Arkansas due to strict adherence to procedural court filing rules. He has only been denied without opinion or procedurally barred. Despite both state and federal constitutional protections safeguarding liberty and freedom through various rights, including to counsel, to remain silent, a speedy trial, a jury of peers, and due process, wrongful convictions persist. Arkansas stands out among other top incarceration rate states as one …

Making Waves: Depression Era Violent Crime In The Upper Peninsula And The United States, Zoe Jancek

HS 390 Primary Research Papers

The Great Depression overlaps with several other important historical eras, all of which had their own impact on crime. This study looks at stressors throughout the decade of the Great Depression to attempt to understand how they affect people and therefore, how they affect the amount of violent crimes committed in both a broad and specific sense. Using statistics and historical accounts, this research analyzes topics such as culture, mental and physical health, substance abuse, gangs, and the effects of Prohibition. The fluctuations can be attributed to economic, social, and cultural factors such as Prohibition and the rise of organized …

Criminal Justice Update - March 2025, Mia Agudelo

Criminal Justice Updates

The Criminal Justice Update is a monthly newsletter created by the Adams County Bar Foundation Fellow providing updates in criminal justice policy coming from Pennsylvania's courts and legislature as well as the US Supreme Court.

Contents:

• Updates from PA Governor's Office (no updates this month)
• Updates from the PA Legislature (no updates this month)
• Updates from the Courts
• U.S. Supreme Court: Criminal Law & Procedure
• PA Supreme Court: Criminal Law & Procedure
• PA Superior Court: Criminal Law & Procedure

2024-2025 Lindenwood University Honors Convocation, Lindenwood University

Honors Convocation Programs

2024-2025 Lindenwood University Honors Convocation

Nurses’ Perceptions And Expectations Of Patient Violence: Language Matters, Darcy Copeland, Mary Potter, Susan Tipton, Debra Culter

Nursing Faculty Publications

Background: Patient violence is a serious occupational risk for nurses. Some professional rhetoric presents this risk as not part of nursing work, discounting widespread exposure. There is a disjunction between nurses’ experiences and the discourse they are exposed to. There is little to no evidence indicating whether nurses think it is possible to eliminate patient violence or whether their expectations of exposure to patient violence align with the significant risk they face. Purpose: The purpose of this analysis was to examine nurses’ perceptions related to the elimination of, expectations of, and desired state regarding exposure to patient violence. Methods: This …

Library Lens March 2025, Southern Adventist University

Library Lens

The March 2025 edition of Library Lens includes information on Campus Research Day Proposals, institutional repository statistics, spring break hours, and Women's History Month.

Tenant Rights Deserve Consumer Protections: The Case For Overturning State V. Schwab, Robert S. Colton

Washington Law Review

Tenancy is a precarious housing arrangement—tenants do not own their homes yet depend on housing stability as a foundation for engaging in almost all aspects of life. For more than fifty years, Washington law has decreed it a landlord’s responsibility to maintain safe and secure housing for their tenants. As the Washington State Legislature has declared, “[d]ecent housing for the people of Washington state is a most important public concern.” This strong rhetoric remains at odds with State v. Schwab, the sweeping decision issued by the 1985 Washington State Supreme Court removing tenants from the reach of the Consumer …

Growing Pains: The Evolution Of Jlwop Sentences In Washington, Selena M. Galvan

Washington Law Review

In 2021, the Washington State Supreme Court abolished de facto life sentences— those that amount to a life sentence despite not carrying the life without parole label—for juvenile offenders, finding them unconstitutional under article 1, section 14 of the Washington Constitution. In 2022, less than a year later, the Court reversed course in the case of State v. Anderson by upholding a sixty-one-year sentence for crimes a juvenile offender committed at age seventeen. The Washington State Supreme Court’s decision in Anderson runs contrary to what modern science demonstrates about the diminished culpability of juvenile offenders, and it runs contrary to …

The Moderating Effect Of Empathy On The Relationship Between Psychological Reactance And Intimate Partner Violence Perpetration, Victoria Anne Rukus

Doctoral Dissertations

Intimate Partner Violence (IPV) is a phenomenon found across cultures, genders, and sexualities. Those who are victimized are more likely to experience negative health and psychological outcomes than those who have not and are also at an increased risk for becoming perpetrators themselves. This has resulted in a significant need to identify the risk factors associated with perpetrators, so cycles of violence can be broken and violence can be prevented. Previous research has utilized a predominately feminist perspective to understand IPV perpetration risk factors and has focused predominately on exclusively male samples. Additional research is needed to develop a broader …

A Review Of The Ripple Effect Of Parental Incarceration: Suggestions For System Improvement From Neonatal Development Through Adolescence, Karen Thew, April Terry

International Journal of Undergraduate Research and Creative Activities

Parental incarceration has the potential to drastically affect the social, behavioral, and physical lives of children. Such negative impacts include prenatal and chronic health conditions, behavioral and mental health issues, developmental delays, juvenile and criminal legal system involvement, and overall declines in well-being. These damaging outcomes occur for babies delivered during their mothers’ incarceration with negative lingering effects seen throughout the lifespan. Due to the stigmatization of incarceration, these children may experience bullying, engage in isolating behaviors, and struggle within the school, which may lead to the school-to-prison pipeline. While prevention and intervention services directed at these youth could not …

Tolle Lege Works Published In 2025, Mcquade Library

Bibliographies

Bibliography of Tolle Lege works published by members of the Merrimack College Community in 2025. Works include journal articles, newspaper articles, books and book chapters or sections, reports, book reviews, conference papers, web articles, and published interviews.

Properly Partitioning Prejudice: Analyzing Mixed Brady And Napue Claims, Patrick Scariano

Fordham Law Review

Due process affords criminal defendants the right to receive evidence possessed by the government that would aid in their defense. This right was codified in Brady v. Maryland. Brady’s lesser-known ancestor is Napue v. Illinois, which gave defendants the right to a new trial if the government knowingly offered perjured testimony in their original trial. The U.S. Supreme Court has held that these rights are critical to support verdicts worthy of confidence necessary to ensure due process.

Unfortunately, defendants victimized by misconduct are often affected by multiple violations of their rights. Courts have developed ways to examine …

Judging Demeanor, Kiel Brennan-Marquez, Julia Simon-Kerr

Minnesota Law Review Vols. 106:2 onward (2021-present)

This Article challenges the conventional wisdom that defendant demeanor—affect, body language, and physical appearance—helps juries assess guilt. On the contrary, we show that demeanor evidence poses an inherent risk of propensity-based reasoning. It invites jurors to convict defendants based on whether they “look like criminals,” rather than on the actual facts of the case. In doing so, demeanor evidence facilitates cultural and racial subordination. It enables members of dominant groups—consciously or not—to penalize members of less-dominant groups for failing to appear innocent or credible. We argue that existing law has things backwards. It treats defendant demeanor as presumptively useful and …

[Whm] Women's History Month 2025, Raquel Estrada, William Flores

Library Display Posters

Poster showcasing films and books pertaining to women's history month. As well as a curated list of articles and dissertations/theses found in our institutional repository.

Voter F̶R̶A̶U̶D̶ Mistake, Benjamin Plener Cover

William & Mary Bill of Rights Journal

False narratives challenging electoral integrity often cite ineligible voting as a prime example of so-called widespread voter fraud. This Article demonstrates that ineligible voting often consists of mistakes that are problematically treated like fraud. Some jurisdictions criminalize ineligible voting on a strict liability basis, imposing punishment even when the ineligible voter is unaware of her ineligibility. When jurisdictions impose this strict criminal liability, mistakes are often misunderstood or misrepresented as fraud. This harsh and confused treatment of voter mistake undermines the criminal justice system by severing criminality from culpability, punishing good faith democratic participation, targeting marginalized populations, and amplifying systemic …

Rivers V. Guerrero, Meagan R. Hurley

Articles

Danny Rivers sought federal habeas relief, arguing that his trial counsel was ineffective. Rivers’s petition was denied, but while his initial habeas appeal was pending, he initiated a second filing to include new information that his prior counsel failed to utilize in an exculpatory report supporting his innocence. Applying 28 U.S.C. § 2244(b)(2), the district court determined it was “without jurisdiction to entertain” the new evidence because Rivers’s filing was a “second or successive” petition. The Fifth Circuit of Appeals agreed.

Can Oral Caffeine Decrease Postoperative Opioid Consumption Following Posterior Spinal Fusion In Adolescent Idiopathic Scoliosis? A Randomized Placebo-Controlled Trial., Anne E. Stuedemann, Richard M. Schwend, K Aaron Shaw, Nicolette Saddler, Michon Huston, Michael Benvenuti, Julia Leamon, Ashley K. Sherman, John Anderson

Manuscripts, Articles, Book Chapters and Other Papers

BACKGROUND: Current studies have examined the efficacy of opioid-sparing analgesics primarily in adult surgical populations, while fewer guide pediatric postoperative pain treatment. Caffeine exerts most of its biological effects by binding to adenosine receptors, which are important for modifying pain and inflammation. Caffeine's ability to modulate pain following posterior spinal fusion (PSF) for adolescent idiopathic scoliosis (AIS) has not been previously assessed.

METHODS: The hospital investigational drug study (IDS) pharmacy provided either a treatment dose or placebo dose of caffeine to be given to the patient and was also in charge of randomization for the study.

RESULTS: There were 24 …

What's Important To Write About? A Century Of Washington Law Review Topics, Hugh Spitzer

Washington Law Review

This Article examines the topics of all lead articles in Washington Law Review during its past ninety-eight years of publication. The analysis illustrates the changing interests of legal academics, student editors, and the working lawyers and judges who have read and used the articles over a century. For its first fifty years, the journal focused on general topics of interest to practitioners, Washington law matters, business and tax law, and government regulation. Other topics, such as legal and judicial system reform, constitutional law, and comparative and international law, were present in modest numbers. In its second half century, Washington Law …

Barlow V. Washington: Judicial Hesitancy And Sexual Violence At Universities, Elizabeth G. Porter

Washington Law Review

Sexual violence among university students—most frequently, violence against women—is a well-known and pernicious problem. But the liability of universities for failing to prevent such violence is exceedingly rare. Courts remain hesitant to impose a duty on universities to prevent sexual violence, even in situations where they are in by far the best position to do so. This Article examines that judicial hesitancy in the context of a claim by Madeleine Barlow, who sued Washington State University (WSU) after she was raped at an off-campus party in her first week of college by a student with a record of past sexual …

Washington's Implementation Of Legalized Cannabis: A Model For Other States And The Federal Government, Bruce Turcott, Daniel Shortt

Washington Law Review

This Article examines the process and outcomes of cannabis legalization in Washington State, offering insights for other states and potential federal legalization schemes. It begins with an overview of the campaign that led to the passage of Initiative 502 (I-502), detailing the initiative’s structure, which draws from liquor licensing laws. The Article then explores the establishment of a recreational cannabis market from scratch, focusing on agency structure, federal responses such as the Cole Memorandum, and the state’s regulatory framework aimed at preventing adverse outcomes.

Additionally, this Article highlights Washington’s efforts to promote social equity, emphasizing that I-502 was framed as …

Explaining Police Officer Intentions To Leave Their Career Field, Michael T. Rossler, Charles Scheer

Faculty Publications - Criminal Justice Sciences

Research examining police officer retention has generally relied upon general work environment predictors to explain intentions to leave a police career. Recent research has applied theory explaining departures as a multistep process, where job satisfaction and stress mediate the relationship between work conditions and leaving the profession. These prior inquiries have been methodologically limited in the number of predictors and agencies included. The current inquiry uses a survey of eight police agencies to test the conceptual framework that job satisfaction and stress mediate the relationship between workplace environment and intentions to leave policing. Findings indicate that many commonly theorized predictors …

Expediting Toxicological Evidence Collection In Patients Presenting To The Emergency Department With Report Of Drug Facilitated Sexual Assault (Dfsa): A Quality Improvement Project, Adelene Egan

DNP Projects

Title: Expediting Toxicological Evidence Collection in Drug-Facilitated Sexual Assault: A Quality Improvement Project

Background/Significance: Drug-facilitated sexual assault (DFSA) involves substance use to incapacitate victims, with rapid drug metabolism necessitating prompt evidence collection. Delays in blood collection reduce toxicology detection rates, compromising legal outcomes. In one New York ED, DFSA kits (Part B) were routinely collected after biological evidence (Part A), creating a critical gap.

Purpose: To improve compliance with evidence-based prioritization of blood collection (Part B before Part A) for DFSA cases through a structured QI initiative.

Methods: The project synthesized evidence from a systematic review of …

Mitigation That Worked: Empirical Evidence Of Why Jurors Rejected The Death Penalty In Some Highly Aggravated Capital Cases, Russell Stetler, Maria Mclaughlin, Susan Garvey

Hofstra Law Review

Over several years, we have documented over 625 highly aggravated cases where jurors declined to impose the death penalty at sentencing. These cases support our belief that the effective investigation and presentation of mitigating evidence can forestall a death sentence no matter how death-worthy the crime facts may appear at first glance. However, our previous publications shed no light on the specific mitigation evidence that inspired jurors to reject the death penalty in individual cases. This Article summarizes readily available documentary sources from over five hundred cases (more than eighty percent of all the cases in our database), utilizing special …

Camera-Shy Courtrooms: Balancing Extraordinary Transparency And The Appearance Of Justice, Caroline Olsen

William & Mary Bill of Rights Journal

High-profile trials alert us to the dissonance between transparency and accountability in the federal judiciary. This Note will explore this tension and argue that when policymakers respond to calls for “extraordinary transparency,” transparency should be subordinate to fairness. Part I will discuss the principles underlying public adjudication and how, through various constitutional challenges, the limits of public access have changed over time. Analyzing modern high-profile trials, Part II will demonstrate how those very principles are inadequately protected in jurisdictions that allow unrestrained public access to the courtroom. Part III will describe how transparency, when conflated with accountability, threatens procedural due …