Digital Commons Network^™

Introduction: In Honor Of Professor Megan A. Fairlie, Antony Page

FIU Law Review

No abstract provided.

Provisional Release At International Criminal Courts And Tribunals – Lessons Learned?, Ava Schuster, Göran Sluiter

FIU Law Review

This article builds on Professor Meghan Fairlie’s earlier critique of pre-trial detention practices at the International Criminal Tribunal for the Former Yugoslavia (ICTY). Fairlie identified significant shortcomings in safeguarding the right to liberty and the presumption of innocence of detainees, arguing that the Tribunal’s approach was inconsistent with international human rights law (IHRL). Fifteen years later, how has the International Criminal Court (ICC) addressed these concerns? While the Rome Statute introduces notable improvements, including an explicit commitment to IHRL, the Court’s practice still heavily favors detention over liberty. A key issue remains the ICC’s reliance on State cooperation for provisional …

Addressing ‘Wicked Complex Problems’: Qualitative Understandings Of Sexual Violence Prevention In Male-Dominated Industries, Sarah Vrankovich, Sharyn Burns, Giselle Woodley, Jacqueline Hendriks

Research outputs 2022 to 2026

Globally there has been increased focus on the prevalence of sexual violence in workplaces, including the mining industry. In Western Australia, where this study is situated, this industry is a significant employer, predominantly male-dominated, and the prevalent use of fly-in-fly-out schedules can blur work and social life. Consequently, efforts to prevent and manage workplace sexual violence have become a priority, leading to the development and implementation of various strategies and resources. Qualitative interviews were conducted with 34 participants, including sexual violence prevention professionals (n = 16) and mining industry workers (n = 18). Reflexive thematic analysis identified systemic and behavioural …

Philosophers On Prison Abolitionism: Theory Versus Practice, Piero Moraro

Research outputs 2022 to 2026

Philosophers have long been debating the moral justifiability of punishment. However, they have seemingly ignored the adjacent question concerning the moral justifiability of incarceration, as demonstrated by the dearth of philosophical work on prison abolitionism. This silence is puzzling, given that, on closer examination, many philosophers implicitly (or even explicitly) endorse the core assumptions of prison abolitionism. By discussing some examples in the recent literature in philosophy of punishment, I argue that philosophers support prison abolitionism in practice, but not in theory. They endorse the practical strategies in the abolitionist agenda, yet refuse to engage with the normative assumptions that …

Managing The Impact Of Workplace Trauma For Australian First Responders: Harmonizing Policy And Practice, Aglae Hernandez Grande, Fleur Sharafizad, Ben Farr-Wharton, Yvonne Brunetto, Matthew Richman

Research outputs 2022 to 2026

Police, fire, ambulance, and emergency services workers face an increased exposure to traumatic events while at work, negatively affecting their mental health, and with broader financial, legal, and moral implications for the public sector organizations that employ them. To better support these workers, and to mitigate the potential financial burden resulting from workers’ compensation claims, many first responder organizations are implementing wellbeing initiatives. This article examines the efficacy of an initiative for a sample of 530 frontline and administrative first responders, working in one state jurisdiction in Australia. The results indicate that wellbeing programmes moderate the impact of trauma on …

Autism Is Black Too! Intersectional Experiences With Service Provision For Black Autistic Individuals And Their Families, Brea M. Banks, Tyra Jackson, Randi Goodwin, Raven Moore

Faculty Publications – Psychology

We aimed to address a gap in the literature surrounding the experiences of Black autistic individuals and their families, specific to their engagement in the diagnostic process and service provision broadly. Our study was theoretically oriented in critical theories, as we aimed to push back against the dominant narrative about autism. We used qualitative methods and conducted interviews with Black autistic people (n = 2) and parents of Black autistic people (n = 9) to learn about their experiences. We employed an inductive approach to interpretation of data and used MAXQDA to engage in analysis. Results demonstrated that …

Adults Drug Court Model's Review: A Case Study, Byron R. Titus

Antioch University Dissertations & Theses

In 1989 Dade County, Florida, the so-called “War on Drugs” was in full swing. As a result, drug courts were created, acting as a diversion program for the many people subsequently caught up in this “war.” Since then, such “specialty courts” have proliferated across the planet. In some cases, local versions have been adopted to adjust to their unique population, culture, risk, and needs. This dissertation is a case study that reviews three Intensive Probation Supervision Programs (IPSP). These IPSPs identify a drug court in their state or country before it becomes a “certified drug court” (now more often referred …

Journey To Well-Being: An Exploration Of Thrivership Post-Domestic Violence, Kader Gumus

Antioch University Dissertations & Theses

Domestic violence profoundly affects multiple facets of a survivor’s life. While most existing literature on survivorship addresses the immediate aftermath of domestic violence, this study delves into the extended process following the trauma of abuse to attain “thrivership,” a new concept in the scholarly and practice literature that emphasizes enduring well-being and flourishing. This dissertation examines the journeys from surviving to thriving for 13 women who transformed themselves and their lives to achieve well-being after traumatic domestic violence. Bronfenbrenner’s ecological systems theory was applied to examine the multiple layers of environmental influences on an individual’s development, including the micro, meso, …

Exploring The Ethics Of Social Media In The Counseling Field, Kaitlynn Cornell-Mullane

Antioch University Dissertations & Theses

Social media has become deeply integrated into both personal and professional lives, yet the use by counseling professionals remains underexplored. This study investigated how various roles within the counseling field experience and utilize social media in their professional development, identity formation, and ethical practice. A qualitative online survey was utilized to collect data from counseling professionals (N = 20). Findings revealed 6 themes: (a) Conflicting Perspectives on Client Social Media Use and Engagement, (b) Personal Discomfort and Ethical Ambiguity, (c) Counselors’ Varied Approaches of Social Media Use, (d) Social Media Use for Professional Development, (e) Mixed Perspectives on Social Media …

Black Birth Work As Radical Praxis: A Hermeneutic Phenomenological Inquiry Of Leadership Among Black Birth Workers, Lesa C. Clark

Antioch University Dissertations & Theses

This hermeneutic phenomenological study explores the leadership experiences of Black birth workers (BBWs), revealing critical insights into leadership dynamics within maternal healthcare. Through a theoretical framework integrating African feminism, Black feminism, and anti-racist feminism, the research examines how BBWs conceptualize and enact leadership through embodied, relational, and liberatory approaches. This study addresses a significant gap in leadership literature, particularly regarding generational knowledge and practices of BBWs, which remain understudied despite their vital role in Black maternal healthcare. This study reveals distinct leadership perspectives and methodologies through in-depth interviews with eight BBWs and a detailed interpretive analysis. The findings contribute to …

Social Media Activism And Identity, Ilana Waite

Antioch University Dissertations & Theses

With the rapid development of technology in the 21st century and the advent of social media, people are increasingly turning to online spaces to connect with their local and global communities. One piece of this puzzle is social media activism. There is currently limited research on how one’s identity and their experiences with privilege/oppression based on their identity play a role in their social media activism. Most of the literature in this area utilizes quantitative means or questionnaires. In an effort to yield a new perspective, this study was conducted with a constructivist grounded theory approach to examine the complex …

Start From Zero: Reimagining Creative Arts Therapy Education In An International Context, Ling Cheun Bianca Lee

Antioch University Dissertations & Theses

This qualitative dissertation examines how Hong Kong-based art therapists trained in Western graduate programs adapt their educations to the cultural, institutional, and sociopolitical realities of their local contexts. Using photovoice methodology informed by decolonial, liberatory, and trauma-informed frameworks—referred to as stir fry praxis—the study centers the experiences of 11 participants navigating professional reentry, identity formation, and systemic constraints. Seven interrelated themes emerged: The evolving and precarious landscape of art therapy in Hong Kong; the dual role of practitioners as therapists and educators; the impact of sociopolitical forces, including self-censorship and limited access to care; the limitations of Western-centric education; grassroots …

Implications Of The Second Chance Act For African American Females And Reentry: A Content Analysis Rooted In Critical Race Theory And Intersectionality, Tumia Romero

Antioch University Dissertations & Theses

This dissertation examines the content of the Second Chance Act (SCA) to understand its potential impact on the reentry of African American females into society, highlighting the intersectionality of race and gender within the criminal justice system. Despite the SCA’s intentions to facilitate the reintegration of incarcerated individuals, its language and implementation have mainly remained gender-neutral, not addressing the unique challenges faced by African American females. This study employs a qualitative content analysis approach to examine the Second Chance Act, assessing its effectiveness in addressing the social determinants and barriers to reentry that are specific to African American females. According …

Geriatric Care In Corrections: An Exploratory Study Of Cross-Disciplinary Perspectives On The Needs Of An Aging Prison Population, Cynthia A. Scheiderer

Antioch University Dissertations & Theses

The incarcerated population in the United States is aging. The proportion of adults 55 or older in prison rose from 3% in 1993 to 16% at year-end 2022 (Carson & Sabol, 2016; Carson & Kluckow, 2024). Researchers have consistently found evidence that the prevalence of disabilities and functional impairment is higher among older adults who are incarcerated than among those in the community. As the incarcerated population ages, corrections professionals responsible for providing safety, housing, and health care must respond to the needs of the population. In this qualitative study, 21 corrections professionals from the disciplines of custody, classification, medical, …

A Researcher’S Journey To The Use Of Ai For Qualitative Data Analysis: Findings From A Test Case With Chatgpt, Catherine Ferguson

Research outputs 2022 to 2026

The use of artificial intelligence (AI) in higher education has mostly focused on issues associated with teaching and assessment. In this paper I used AI to support the analysis of data which consisted of public comments on a newspaper article. This small, low risk research was chosen to demonstrate the potential use of AI and how it may support qualitative data analysis. I present my journey from a naïve user of AI to a position whereby I would consider using it as a support for future data analysis. My article touches on some of the ethical and accountability issues for …

Where's The Second Chance? Compounded Stigma And Other Factors Impacting Ex-Prisoner Employment, Eileen Baldry, Joe Graffam, Lesley Hardcastle, Simone Rowe, Leanne Dowse, Margaret Giles, Jane Mcgillivray

Research outputs 2022 to 2026

Ex-prisoners with meaningful employment are less likely to return to prison; however, ex-prisoners have the highest unemployment rates of any marginalised group. This article draws on the voices of former prisoners who are seeking employment through government-funded employment agencies in Australia and staff working in these agencies. Revealed themes of employment service providers’ practices, employer attitudes, navigating stigma, ongoing surveillance, and advocacy and support were analysed in the context of theories of integration, resisting re-offending (desistance), discrimination, and stigma. We unpack the way different forms of stigma and discrimination lock marginalised groups of criminalised people into unemployment.

Women’S Pathways Into Prison: Cycles Of Harm, Hilde Tubex, Natalie Gately

Research outputs 2022 to 2026

Women are a minority of the prison population, however their number is increasing at a faster rate than is the case for men. Interviews with 80 incarcerated women in Western Australian prisons revealed similar pathways commencing with adverse childhood experiences and subsequent areas of deprivation, which reverberated throughout their lives, leading to criminal behavior and imprisonment. Describing these cycles of harm, we argue that, in addressing the increase of women in prison, there is a need to move away from the individual “offender-focused” approach and look at the broader systemic context that lets women down and contributes to their criminalization.

Offenders’ Perspectives On Acquisitive Crime Targets And Stolen Goods Disposal Methods, Joseph Clare, Liam Quinn, Natalie Gately, Suzanne Rock

Research outputs 2022 to 2026

This paper examines offenders’ perspectives about acquisitive crime targets and stolen goods markets in Australia that have not been comprehensively reviewed since 2005. Over the last 18 years there have been significant changes in the rates of property crime, reductions in cash usage, and rapid movements to online markets as a disposal outlet, that motivate this updated analysis. In late 2022, n = 107 detainees in a Western Australian police watchhouse were interviewed about their property offending frequency, offence preferences, target selection, disposal methods, and estimated financial return for targeted goods. Results demonstrated (a) meaningful shifts towards shoplifting and away …

Complex Lives And Procedural Barriers: Detainees’ “Life Happens” Explanations For Breaching Orders, Natalie Gately, Suzanne Rock, James L. Finney, Cate Parry

Research outputs 2022 to 2026

The Australian bail system routinely permits most individuals accused of a crime to remain in the community while awaiting a court date under a range of conditions. However, statistics have indicated that a high number of bailees breach the orders placed on them, increasing police and court interactions, and resulting in additional charges. This project utilised the Drug Use Monitoring in Australia – Western Australia (DUMA-WA) collection to survey 230 police detainees about their orders and reasons for breaching recent orders. The results indicated that most understood their orders but disclosed a range of complexities which interfered with compliance. Qualitative …

Nurturing The Event: A Trauma-Informed Psychosocial Analysis Of Conversions To Christianity And Desistance From Crime, Alex Beaumont

School of Law, Humanities and Social Sciences Theses

The aim of this thesis is to demonstrate the role prison chaplaincy and faith-based organisations play in supporting new Christian converts across HMPPS establishments. Drawing on research data from 11 in-depth narrative interviews with formerly incarcerated individuals, many of whom were long-term desisters or still in the desistance process (18 months post-release), this thesis provides a psychoanalytic interpretation of the relationship between early childhood development, traumatic events, and spiritual transformations in prison. Data was gathered using Hollway and Jefferson’s (2001) Free Association Narrative Interview Method (FANIM), which applies psychoanalytic principles to explore subjectivity beyond surface-level descriptions of self and identity. …

Justice And Law, Saul M. Kassin, Amy Douglass

All Faculty Scholarship

No abstract provided.

Reevaluating Felon-In-Possession Laws After Bruen And The War On Drugs, Laura Ginsberg Abelson

Faculty Journal Articles and Book Chapters

The legal landscape surrounding firearm possession is evolving rapidly. In 2022, the Supreme Court accelerated its expansion of the individual right to bear arms under the Second Amendment in New York Rifle & Pistol Ass’n v. Bruen. Since Bruen, courts around the country have struck down nearly all types of firearm regulations, with a notable exception: felon-in-possession laws. This Article examines the implications of a legal landscape where those who have prior felony convictions, and especially prior drug convictions, are punished harshly for the same behavior—possession of a firearm—that is constitutionally protected for nearly everyone else. I argue …

Data Injustice In Global Justice, Asaf Lubin, Cherry Tang

Articles by Maurer Faculty

In May 2020, the United Nations Secretary-General unveiled a sweeping “Data Strategy for Action by Everyone, Everywhere,” seeking to unlock the UN’s “full data potential.” The International Criminal Court’s Office of the Prosecutor followed suit, declaring in 2023 its intent to acquire advanced cyber forensic tools so as to hold the “widest range of digital evidence globally.” Across international institutions, data-driven governance has become the norm, with humanitarian agencies and tribunals transforming into “data hubs and information clearinghouses.” This Article critiques the unfettered datafication of global justice by international courts and organizations. These entities have aggressively expanded their data-driven operations …

Climate Prosecution As Climate Regulation, Cindy J. Cho

Articles by Maurer Faculty

Last term, the Supreme Court weakened the federal government’s ability to regulate. Three new decisions—and one landmark case from the previous term—will affect everything from drug approvals to overtime pay to national security. One issue stands out as a political flashpoint that will prove particularly difficult to address via regulation in the wake of this term: climate change. Given the unlikelihood of congressional climate action any time soon, those concerned about the risks of a warming planet will no doubt be looking for alternatives to regulation. Private and state civil lawsuits against polluters reflect an important legal tradition that must …

Racial And Ethnic Threat And The Accessibility Of The Legal Recreational Cannabis Market In California, Kathryn L. Burnham

Graduate Theses, Dissertations, and Problem Reports (ETD)

Racial and Ethnic Threat and the Accessibility of the Legal Recreational Cannabis Market in California

By Kathryn L. Burnham

Drug prohibition has a racialized history in the United States (US). Cannabis became synonymous with the perceived enhanced criminality of Black and Hispanic populations by the White public. Despite similar prevalence of cannabis use among people who are Black, White, and Hispanic, the vilification and stigmatization of Black and Hispanic cannabis users began in the early 1900s and continued for over a century. As individual states continue to legalize cannabis use and public opinion favors the federal legalization of cannabis, it …

Assessment Of Analytical Workflows Of Gunshot Residue Evidence And Strategies For Implementation Of Advanced Technology In Crime Laboratories., Leah D. Thomas

Graduate Theses, Dissertations, and Problem Reports (ETD)

The rise in gun violence in the United States has increased the demand on forensic agencies to process evidence promptly and accurately. The exchange of imperceptible traces among objects, suspects, and victims can provide critical insights into the interactions and sequence of events during a crime. Gunshot residue (GSR) is a type of trace evidence that holds significant investigative value in shooting reconstructions. GSR can help identify potential shooters, intermediate targets, and bullet trajectories; however, its analysis is often expensive and time-consuming. Consequently, there is an urgent need for more effective solutions.

Methods for on-site screening can significantly streamline forensic …

The Personal, The Political, And The Hope For A Better Future: Disrupting The Traditional Rape Narrative In Young Adult Fiction, Melissa Roberson

Graduate Theses, Dissertations, and Problem Reports (ETD)

This dissertation critically examines the current state of young adult rape fiction to explore the ways in which contemporary young adult rape novels engage with different aspects of rape culture and the systems in place that sustain it. Prioritizing issues related to disclosure, hope, healing, and justice, my investigation into these novels demonstrates the importance of attending to both the framing of rape and the challenges associated with narrativizing sexual violence in the context of adolescent literature. Ultimately, I argue that in order to challenge and disrupt the further entrenchment of societal attitudes and (mis)perceptions of rape that perpetuate the …

Development Of Fast And Comprehensive Approaches For Gunshot Residue Interpretation Using Ambient Ionization, Mass Spectrometry, And Microparticle Sampling Studies, Thomas Dimmey Ledergerber

Graduate Theses, Dissertations, and Problem Reports (ETD)

The information derived from the forensic examination of gunshot residue (GSR) can be critical during the investigative and trial stages in the criminal justice system. However, the complexity of the GSR deposition, transfer, and persistence mechanisms calls for meticulous handling and identification processes. Novel advances in evidence interpretation and analysis via instrumental methods are current areas of growing interest that must be pushed along the chain from research to practice in a timely manner. Therefore, this research focuses on developing both rapid and comprehensive methods for detecting gunshot residue evidence and effectively communicating its significance to the investigators or trier …

Extending Effects Of The Good Behavior Game With Mixed Schedules, Amina Boukhris

Graduate Theses, Dissertations, and Problem Reports (ETD)

Student disruptive behavior in the classroom can adversely affect both students and teachers. The Good Behavior Game (GBG) is a well-established classroom management strategy used to reduce disruption. However, its use remains limited due to implementation barriers reported by teachers, such as effort associated with delivering feedback, and the limited generalization of the GBG effects to times when the game is not in place. The current study had two main objectives: (a) to evaluate whether a modified version of the GBG implemented on a mixed-schedule-like arrangement (MIX GBG) could reduce student disruption as effectively as the standard version (MULT GBG), …

Identifying Factors Associated With Time To Diagnosis For Symptomatic Intestinal Malrotation In Pediatric Patients, Katie E. Corcoran

Graduate Theses, Dissertations, and Problem Reports (ETD)

Intestinal malrotation is a rare condition in which the intestines rotate improperly during embryonic development. Intestinal malrotation is typically diagnosed in pediatric patients with an upper gastrointestinal imaging (UGI) series. Longer time to diagnosis of intestinal malrotation increases the risk of mortality and severe morbidity. While the need for timely diagnosis is well-established in the literature, the correlates of time to diagnosis are largely unknown. The classic medical presentation for intestinal malrotation is an infant presenting with green bilious emesis. I hypothesize that time to diagnosis of intestinal malrotation will be longer in symptomatic pediatric patients when they present differently …