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Table Of Contents

Touro Law Review

No abstract provided.

The Systematic Devaluation Of Legal Scholarship In Criminology And Criminal Justice, Henry F. Fradella

Touro Law Review

Certain bibliometrics have become important indicators of scholarly impact despite their many weaknesses. This Article presents data demonstrating the shortcomings of using citation counts and journal impact factors for law-based scholarship. Moreover, the Article argues that reliance on these flawed metrics is just one example of how scholars in criminology and criminal justice (“CCJ”) systematically devalue legal scholarship.

The Article begins by offering quotations from social scientists that provide insights into the negative ways they view legal scholars and their work. It also quotes from interviews conducted with CCJ scholars who hold a law degree and either earned or are …

Targeted And Ticketed: Student Ticketing And The Perpetuation Of The School-To- Prison Pipeline, Jasmine Richardson-Rushin, Angelica Jimenez, Gwendolyn Walker, Hannah Benton Eidsath

UC Law Journal of Race and Economic Justice

The National Center for Youth Law (NCYL) is a non-profit organization working to end the harms of the juvenile, municipal and criminal legal systems, including by decriminalizing normal adolescent behavior, ending financial consequences, and improving children’s access to adequate developmentally appropriate treatment. Our work prioritizes eradicating the school-to-prison pipeline, and abolishing harmful fines, fees and economic sanctions through the Debt Free Justice Campaign (DFJ).

In school districts across the nation, students receive fees and fines as consequences for school-based behavior. Students are policed and ticketed for age-appropriate behaviors and disciplinary matters such as littering, truancy, and underage drinking and smoking. …

With Dignity For All: Human Dignity Reforms As “Win-Win” In Correctional Settings, Arthur L. Rizer

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Combating The Rising Threat Of Sextortion, Margaret Galles

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Table Of Contents - Vol. 49, Winter 2025

Southern Illinois University Law Journal

No abstract provided.

Empirically Testing The “Unbiased Factfinder[S]”, Chris Cox

Southern Illinois University Law Journal

This scholarly investigation examines the decision-making processes in sexual assault cases, juxtaposing the charging decisions of lay individuals with the factual sufficiency reviews conducted by appellate judges. The study's comprehensive analysis of 254 cases provides a unique perspective on criminal justice decision-making within the context of the military justice system—a singular jurisdiction that confers prosecutorial discretion upon lay individuals and permits extensive factual sufficiency reviews by appellate courts, akin to quasi-jury fact-finding articulated in written opinions.

The research findings challenge the paradigm of formal legalism, lending support to a legal realist perspective that posits both lay individuals and judges are …

Derailing Deportation Through State Legislation, Stacy Caplow

University of San Francisco Law Review

No abstract provided.

“Forced Worship Stinks In God’S Nostrils”: The Inquisition, Sepharad, And The American Experiment, Isaac Amon

Touro Law Review

In December 1791, the Bill of Rights, comprising the first 10 amendments to the U.S. Constitution, enshrined fundamental protections for individual freedoms, with the First Amendment guaranteeing liberty of conscience. This milestone, however, was the culmination of centuries of struggle. The arrival of Iberian Jews, including conversos, in North America played a pivotal role in shaping the course of American history. The Founders referenced the Inquisition in their letters and debates, particularly in discussions on legal protections for criminal suspects and the broader issue of religious liberty. Founding assurances of religious freedom to Jews and Christians stand in stark contrast …

The Intersection Of Dementia And Criminal Behavior, J. Taylor Humphrey

Marquette Law Review

As the number of individuals affected by dementia increases, the criminal justice system continues to face questions about dementia and criminal responsibility. However, gaps in the legal process have left these individuals, incapable of forming intent, vulnerable to wrongful punishment. Courts rely on traditional culpability frameworks that fail to account for the nuance in dementia-related cognitive decline, and, as a result, prisons are forced to function as de facto nursing homes lacking adequate resources to provide proper care. This Comment proposes treating dementia as a sliding scale, arguing for a context-specific response through streamlined crisis response, use of diversion programs, …

Remixing Oer Assignment: "Advantges And Disadvantages Of State-Level Policies", Katie Zuber

Open Educational Resources

This assignment, created by Katie Zuber, uses OER readings to help students understand how federalism impacts their everyday lives. Using the United States’ response to the Coronavirus as a case study, students will see firsthand that where decisions get made (i.e., the state or federal level) often dictates who gets what, when, and how. This assignment was made as part of a workshop on remixing OERs at John Jay College in 2025.

Remixing Oer Assignment: Incarceration And Homicide Trends, Veronica Michel

Open Educational Resources

In this assignment, Professor Veronica Michel asks students to look for data in two different open access sources and combine them into a new, remixed dataset that they will use to conduct analysis and write a report. The assignment encourages students to play an active role in selecting, formatting and interpreting openly available data. This assignment was created as part of a seminar on remixing OER that ran in 2025.

Ground Rules: Giving Meaning And Effect To Key Contested Terms In The California Racial Justice Act, Bazelon, Lara, Redbird, Dr. Beth, Yan, Belle

Santa Clara Law Review

The California Racial Justice Act (RJA), which applies to all pretrial, trial, and post-conviction defendants,

prohibits any state actor from relying upon racial bias to seek or obtain a conviction or sentence against a defendant. In a state where racial disparities in incarceration have been growing for decades, the law, which became retroactive in 2024, has the power to create a sea of change across California criminal institutions. Using the power of state constitutional law and relying upon the principles of comity and federalism, the California Racial Justice Act explicitly rejects the intent-to-discriminate standard set by the U.S. Supreme Court …

Empirical Analysis Of Racial Disparities In Policing, Premkumar, Deepak, Lofstrom, Magnus, Hayes, Joseph, Martin, Brandon, Cremin, Sean

Santa Clara Law Review

Racial disparities within the criminal justice system continue to be a pressing issue, especially after the recent passage of California’s Racial Justice Act, which allows for a broader set of legal challenges based on racially disparate treatment. In this article, we analyze data for almost four million stops by California’s fifteen largest law enforcement agencies in 2019, examining the extent to which people of color experience searches, enforcement, intrusiveness, and use of force differently from white people. Black Californians are more likely to be searched than white Californians, but searches of Black civilians reveal less contraband and evidence. Black people …

Breaking The Chains: An Exploration Of The Effectiveness Of Cbt On Violent Vs. Nonviolent Offenders, Emma E. Sheppleman

Capstone Showcase

Cognitive-behavioral therapy (CBT) is a well known and common form of theory used to treat a variety of disorders. Our criminal justice system has tried and failed at rehabilitating offenders through a punishment-based approach. CBT opens the door to a treatment approach that actually reduces recidivism. Specifically, this research aims to look at the varying effects that CBT has on violent vs nonviolent offenders. Different types of CBT yield differing effects for violent and nonviolent offenders, with some benefitting one more than the other. Looking at the integrity of the CBT program is an important component to keep in mind …

The New Atrocity In International Law, Natalie R. Davidson

Vanderbilt Journal of Transnational Law

No abstract provided.

"The Only Place I'M Allowed In The City Is Court": Racial Capitalism, Gentrification, And The Criminalization Of Homelessness In Missoula, Montana, River Rafferty

Scripps Senior Theses

This thesis dissects how gentrification, homelessness, and criminalization intersect and influence one another, using Missoula, Montana's recent urban camping ban as a case study.

It argues that racial capitalism, as a hermeneutic, structures the logics of Missoula's Ordinance 3747 and that gentrification, as a manifestation of racial capitalism, creates a structural imperative for the criminalization of homelessness. In addition, it asserts that local community organizations such as the Missoula Tenants Union and the Missoula Unhoused Neighbors Union offer viable alternatives to the current carceral organization of public policy, orienting space in the city toward what Ruth Wilson Gilmore terms abolition …

Table Of Contents, Loyola University Chicago International Law Review

Loyola University Chicago International Law Review

No abstract provided.

Intersectionality Of Women's Rights Advocacy: Resource Equity, Protection From Violence, And Legal Equality, Erin Hunt

Integrated Studies

Placing a frame of intersectionality on women’s rights advocacy changes not only the way the movement is viewed, but it also strengthens the actions taken and the future processes as well. There are many intricate issues within the context of women’s rights advocacy. However, examining the intersectional issues and aspects of resource equity, protection from violence, and legal equality can attest to the fundamental concerns continually being faced. In exploring the current difficulties along with the past outcomes from an intersectional standpoint, there is a more significant possibility for affirmative change moving forward. Intersectionality within women’s rights shows the overlapping …

The Csi Effect: Media Influence On Juror Perceptions Of Forensic Evidence, Toni Besselaar

Scripps Senior Theses

Can the media you consume shape your expectations in the courtroom? This thesis explores how legal media consumption influences jurors' perceptions of forensic evidence, focusing on blood spatter analysis and its potential impact on verdicts. Drawing on the CSI Effect, the proposed study will examine whether fictional crime dramas and true crime documentaries differ in their effects on jurors’ expectations and skepticism about forensic evidence. Approximately 150 jury-eligible participants will be recruited for an experimental study exploring the effects of media exposure and prior legal media consumption. Participants will view a legal scenario involving inconclusive blood spatter evidence after exposure …

Trauma-Informed Judicial Practice Meets Therapeutic Jurisprudence: Compassionate Written Judgments In Child Protection Cases, Shelley Kierstead

All Papers

Society has become acutely aware that trauma arises from many life events and manifests in a range of physical and psychological symptoms. The legal community is increasingly recognizing that clients living with trauma effects would be much better served with trauma-informed services. While much of the emerging literature in the legal field focuses on lawyers’ work, there is growing recognition that judges can also play a role in responding effectively to trauma.

In child protection cases, trauma frequently exists at different yet related levels – for the child who is the subject of protection proceedings, and for one or more …

An International Law Of The Emotions, Emily Kidd White

All Papers

Talk of the emotional or affective turn in international law is relatively recent though it tracks and echoes several other critical methods movements, including the turn to history, in the study of international law and, so too, a two-decade long wave of law and emotions research in several domestic legal systems. The affective turn in international law in several instances aims to critique a post-Cold War optimism that held out the promise that a rules and reason-based international order would work to abate war, and secure peace, prosperity and efficient capital flows. As outlined by the editors of this volume …

Prosecuting Families, Anna Arons

Faculty Publications

Hundreds of thousands of parents are prosecuted in the family regulation system each year. Their cases are investigated by family regulation agencies and prosecuted by lawyers employed by the government—family regulation prosecutors. Like police and prosecutors in the criminal legal system, this family regulation prosecutorial team wields immense power, particularly over race–class subjugated communities. Yet even as scholarship on criminal prosecutors and on the family regulation system has proliferated, the role of family regulation prosecutors has gone underexamined and undertheorized.

This Article offers a critical examination of the role of these family regulation prosecutors. Drawing on a variety of primary …

The Criminal System Under Racial Capitalism, Sandeep Singh Dhaliwal

Faculty Publications

In 2021, major segments of the business lobby converged around a consensus for criminal system reform. As the United States experienced historic levels of labor market tightness, business groups argued for removing “barriers” to employment that system-involved people face. Just a few months later, the orientation of business to the criminal system was decidedly more mixed. By March 2022, the U.S. Chamber of Commerce, the country’s most powerful business lobby, had stepped to the forefront of the national moral panic around retail theft, launching a vigorous campaign to defend and even strengthen criminal punishment across the country.

Anchoring its analysis …

What’S Left Of The New Deal State?, Sandeep Singh Dhaliwal

Faculty Publications

(Excerpt)

A vast body of scholarship situates itself in the New Deal era. Another extensive collection explores the history of criminal justice in the United States. To date, however, there has been little effort to bring these conversations together. New Deal Law and Order, written by legal historian Anthony Gregory, fills this conspicuous gap. Gregory remarkably narrates the New Deal era through the lens of President Franklin Roosevelt’s “war on crime” (p. 1), challenging how we think about both the New Deal’s legacy and the foundations of the modern security state.

In recent years, scholars have called on their …

Evaluating The Acceptability Of Ptsd Treatment Among Justice-Involved Women In Kentucky With Histories Of Opioid Use, Jesse P. Mccann

Theses and Dissertations--Psychology

Rates of trauma and PTSD as well as histories of opioid use are high among justice-involved women, particularly in Kentucky. However, there are many barriers to receiving treatment. There is a pressing need for brief, trauma-focused interventions that can be more feasibly delivered in jail or prison settings as well as by community clinicians serving women on probation or parole. This study explores the acceptability of treatment for PTSD, particularly Written Exposure Therapy (WET), among justice-involved women on probation or parole with a history of illicit or nonmedical prescription opioid use. The research aims to deepen our understanding of factors …

Unveiling Secrecy: A Qualitative Analysis Of The Breonna Taylor Grand Jury Proceedings, Taylor Bettis

Theses and Dissertations--Psychology

Grand juries have faced heightened scrutiny in recent decades following high-profile cases involving police use of lethal force against Black civilians. In 2020, Police officers killed Breonna Taylor while executing a search warrant at her home. Despite widespread public outcry, it remains unclear how prosecutors failed to indict the officers involved on charges directly related to her death. Guided by critical race theory, procedural justice, and theories of authority, the current project used reflexive thematic analysis to examine the Breonna Taylor grand jury proceedings. We identified two main themes: structural influences and narrative influences. Structural influences examine how prosecutorial authority, …

Standardizing Exoneration Compensation Statutes, Farina Barth

Journal Articles

Wrongful convictions plague the American criminal justice system and leave lasting, unimaginable harm on the innocent. Since 1989 through February 2025, the National Registry of Exonerations reported 3,658 exonerations: a total of 32,750 years behind bars that were lost. An exoneree, once labeled a defendant, becomes a victim. To right this wrong, some states aim to make a wrongfully convicted citizen whole through compensation. However, in examining the evidence of wrongful conviction compensation, a pervasive issue is uncovered in the American compensation system: victims of wrongful incarceration are deeply undercompensated due to statutory drafting. For those states with compensation statutes, …

Prosecutorial Reform And The Myth Of Individualized Enforcement, Justin Murray

Articles & Chapters

The American prosecutor’s legitimacy faces unprecedented challenges. A new wave of reformist prosecutors has risen to power promising to transform the criminal justice system from within, sparking fierce backlash from defenders of the prosecutorial status quo. Central to this conflict is a debate over the nature of prosecutorial discretion, influenced by a set of claims and assumptions that this Article terms the myth of individualized enforcement. This myth posits that prosecutors base discretionary decisions on case-specific facts and equitable circumstances rather than generalizable criteria or categorical nonenforcement practices, such as the policies some reformist prosecutors have adopted that disfavor prosecuting …

Like Holding Up A Mirror: How I Learned To Teach Restorative Justice, Susan Abraham

Articles & Chapters

No abstract provided.