Digital Commons Network^™

Three Essays On Mental Health Courts, Taylor E. Le Moal

All Dissertations

Mental illness in the criminal justice system is a major issue, with 2 in 5 incarcerated people in the US having a serious mental illness (Criminalization of People with Mental Illness, n.d.). Prisons have turned into “de facto” mental health facilities when these facilities are not equipped to do so. This means once individuals are released from incarceration, they are often ill-equipped to return to regular life and may get caught up in the cycle of recidivism (Slate, 2017). One method that policymakers have used to solve this problem is mental health courts (MHCs), which are pre-trial diversion …

Researched Argument Paper Against Capital Punishment, Savannah Gross

Distinguished Student Scholarship Collection

This paper presents a researched argument against the use of capital punishment for homicide perpetrators. It critiques the death penalty on grounds of impracticality, high costs, risk of wrongful execution, lack of deterrent effect, and collateral harm to families and society. Drawing on empirical studies and ethical reasoning, the author argues that life imprisonment and rehabilitative alternatives are more just and effective responses to homicide. The work highlights the moral and systemic flaws of capital punishment and advocates for its abolition in favor of humane sentencing practices. [Abstract generated by AI.]

Putting Police Body-Worn Camera Footage To Work: A Civil Liberties Evaluation Of Truleo's Ai Analytics Platform, Farhang Heydari, Max Isaacs, Katie Kinsey, Barry Friedman, Christopher Slobogin, Alissa M. Heydari

Vanderbilt Law School Faculty Publications

This Article summarizes findings from a civilliberties evaluation of Truleo, an Al-powered analytics platform designed to automate thereviewofpolice body-worn camera (BWC) footage. It includes a summary of how Truleo's platform works, policy choices made by the company, and our assessment ofsafeguards and risks of the platform from a civil liberties perspective. This Article also offers a series of recommendations for policymakers considering the adoption of Truleo or similar technologies. These indude the necessity for independent testing of claimed benefits, democratic authorization for deployment, and ongoing transparency and public input around the platform's design and operation. Importantly, this Article argues that …

Prosecutorial Perceptions Of Discovery Reform On A Local Level, Gabrielle A. Roubanian, Janne E. Gaub, Marthinus C. Koen, James J. Willis

Qualitative Criminology (QC)

"In recent years, several states in the United States have considered and implemented discovery reforms to regulate how evidence is included and shared as criminal cases play out in the court system. Currently, little research explores how prosecutors have made sense of these reforms and how discovery changes have impacted their day-to-day routines. Consequently, this case study considers how prosecutors at a large prosecutorial agency in the United States made sense of discovery reforms implemented in its state two years before data collection. Findings are based on 35 semi-structured qualitative interviews and highlight how prosecutors experienced the implementation of the …

“They Don’T Want Us Anywhere”: The Impact Of Anti-Homelessness Laws On Unsheltered Residents Of Fort Worth, Texas, Brie Diamond

Qualitative Criminology (QC)

"Access to public space is not afforded equally amongst the population. Often, the people who must spend most of their time in these spaces, people experiencing homelessness, are barred by local or state law from being there. Fort Worth, Texas, implemented a camping ban in 2019 that prohibits camping on public or private property. This article explores the impact of this ban on unsheltered people experiencing homelessness using semi-structured interviews with 18 people residing in encampments across the city. The findings document the tangible and existential losses endured by this group and the impact on the perception of their place …

Campaigning For Change: How State-Level Groups Advocate For Legislative Sexual Offense Reform, Jennifer L. Wooldridge, Danielle J. S. Bailey, Stephanie Taulli

Qualitative Criminology (QC)

"In the criminal justice field, advocacy groups work to better the circumstances for specific groups of people facing perceived injustice. While some advocacy groups have been studied extensively, one type of group – sexual offense reform advocates – has been understudied. This is particularly problematic due to stigmatization and legislative differences in how individuals convicted of sex crimes are supervised compared those convicted of non-sexual offenses. These post-conviction differences make it necessary to better understand these advocacy groups and their processes when fighting for public policy change. The current study examines qualitative interviews conducted with affiliates of a national organization …

Complexities Of Appellate Law: Experiences And Perspectives Of Utah Indigent Appellate Attorneys, Whitney Howey, Stephanie Kathan, Jeremiah W. Jaggers, Chris Cambron

Qualitative Criminology (QC)

"Indigent appellate attorneys experience high stress due to their unique roles and responsibilities. Very little scientific research examines the lives and experiences of attorneys in the workplace. Characterizing and describing the variety of complexities and challenges Utah appellate attorneys face within their work provides information towards filling the profession’s gaps, stressors, and occupational needs. A sample of five Utah appellate attorneys were interviewed to better understand their perspectives and experiences in the workplace. We used thematic analysis to identify themes related to Utah appellate attorney experiences and perspectives. We identified four major themes from the data, including Personal approach, Working …

Puppycide By Gavel: How The Judiciary Uses The Police Killing Of Dogs To Reinforce Justifications For Police Violence, Jeremy J. Smith

Qualitative Criminology (QC)

"Police discharge their firearms more often at dogs than humans, and as a profession, kill thousands of dogs every year. The number of dogs killed by police during these encounters has government officials declaring that an “epidemic” is occurring within policing itself, with some commentators referring to this trend as “puppycide” or “canicide.” The purpose of this article is to examine how the judiciary rationalizes canicide, or the police killing of dogs, and the role canicide plays in the justification of police violence. To do this, the article provides a sociolegal and ethnographic content analysis of federal court cases and …

Brief Of Legal Ethics Scholars As Amici Curiae In Support Of Petitioner, Susan D. Carle

Amicus Briefs & Court Filings

Amici curiae are leading legal ethics scholars with expertise regarding the rules, precedents, and other authorities regarding the professional responsibility and legal ethics obligations of lawyers. While this case involves protection of crucial Sixth Amendment rights of criminal defendants, it also implicates the professional responsibility and legal ethics obligations of attorneys representing clients at trial. Amici have a professional interest in ensuring that the Court is fully informed of the important professional responsibility and legal ethics issues in this case. Specifically, amici submit this brief to explain that the trial court's order in this case creates significant and serious problems …

The Overstated Cost Of Ai Fairness In Criminal Justice, Ignacio Cofone, Warut Khern-Am-Nuai

Indiana Law Journal

The dominant critique of algorithmic fairness in AI decision-making, particularly in criminal justice, is that increasing fairness reduces the accuracy of predictions, thereby imposing a cost on society. This Article challenges that assumption by empirically analyzing the COMPAS algorithm, a widely used and widely discussed risk assessment tool in the U.S. criminal justice system.

This Article makes two contributions. First, it demonstrates that widely used AI models do more than replicate existing biases—they exacerbate them. Using causal inference methods, we show that racial bias is not only present in the COMPAS dataset but also worsened by AI models such as …

Illuminating The Communication Analysis Of Investigative Interviews And Interrogations: An Interdisciplinary Qualitative Interpretive Meta-Synthesis, Erica N. Heller

Doctoral Dissertations and Projects

This dissertation explores communication in investigative interviews and interrogations through a qualitative interpretive meta-synthesis (QIMS) across the three disciplines of communication, psychology, and criminal justice. This investigation was guided by two research questions: identifying communication themes in investigative contexts and examining the variations in how the disciplines approach investigative interviews and interrogations. Through the utilization of the QIMS method, this study investigated and analyzed interdisciplinary artifacts from academic and professional (gray) literature. This resulted in the discovery of two key themes, confession-focused goals and inconsistent terminology, and three sub-themes: interviewee focus, siloed mindset, and individualized methodological focus. The findings of …

Book Review: Midnight Cry: A Shooting On Sand Mountain, Ann Fuller

Georgia Library Quarterly

No abstract provided.

Advancement Of Wrongful Conviction Prevention Strategies In Forensic Science, Isabella Pinto

Honors Projects

The National Registry of Exonerations (NRE) has identified 1,051 of its logged cases to involve forensic evidence in some way, nearly one-third of the total 3,600 exonerations in its database. Analysis of the NRE and Innocence Project databases revealed the most common factors in forensic-related wrongful convictions: expert testimony, flawed methodologies (most of which are no longer in use), and statistical misinterpretations of results. The majority of scholars agree that oversight in forensic casework must be improved in order to meaningfully resolve issues. Creation of commissions in each state would address all of the identified errors, though not a catch-all …

Revisiting The Lasting Impacts Of Incarceration, John Eric Humphries, Cécile Macaire, Aurélie Ouss, Megan Stevenson, Winnie Van Dijk

Cowles Foundation Discussion Papers

Using newly-linked administrative and commercial data from Virginia spanning 25 years, we study the consequences of incarceration. While previous research has examined labor market outcomes and recidivism, we focus on two of the primary channels through which low-income households build wealth: asset ownership (homes and cars) and human capital formation. To identify causal effects, we use a matched differencein-differences design. In line with much of the literature on the impact of incarceration in the U.S., we find no evidence of scarring effects on labor market outcomes or changes in recidivism beyond the incapacitation period. However, we find that incarceration leads …

The Sheriff's Constitution, Farhang Heydari

Vanderbilt Law School Faculty Publications

The county sheriff is unique among our nation's law enforcers, with an ancient pedigree, elected status, and special protections as a state constitu- tional officer. But these factors combine to cause a recurrent problem elected sheriffs often assert for themselves the power to refuse to enforce criminal laws of their choosing. Today's constitutional sheriffs-a group of sheriffs who view themselves as the highest authority in their county, answerable only to their electorate-are the latest manifestation of this ethos, declaring opposition to gun control measures, pandemic restric- tions, environmental protections, and more. Lest one think these nonen- forcement decisions are entirely …

“How Can I Make This Real Life?”: Realism, Politics, And Simulational Rhetoric In Video Games, Samuel Rowles

All Graduate Reports and Creative Projects, Fall 2023 to Present

Video games are becoming an increasingly relevant aspect of modern culture, both shaping discourse around topics of labor, play, and art, and being shaped by the society they are created within. Scholars have examined the link between video games and player behavior since the 1990s and found that there is little concrete proof that video games alter behavior on their own and are simply one part of a much larger context. But with video games increasing in complexity and accuracy, it becomes necessary to examine whether video games are capable of convincing players about truths of the real world through …

Understanding The Needs Of The Intellectually And Developmentally Disabled And Autistic Population In The Criminal Justice System, Emily Sateary

Master of Arts in Human Services

This paper explores the inequitable treatment of the Intellectually and Developmentally Disabled and Autistic (IDD/A) population in the criminal justice system. Although progress has been made over the past century with understanding the unique needs of this population, they still face challenges at all stages of the criminal justice system. Behavioral, social skills, and sensory challenges make it difficult for the IDD/A population to avoid criminal justice contact and to understand the criminal justice process. Insufficient training for police and attorneys harms both persons with IDD/A and criminal justice professionals. This paper examines current practices in place that are barriers …

False Memories And Their Impact To The Criminal Justice System, Makenna Maples-Janisch

Psychology Student Publications

This paper takes on the "memory war" between repressed and false memories, with an emphasis on false memories. It details information on how false memories occur, are harmful, the problems they can cause, and the therapeutic tendencies and practices used to bring them out. The paper wraps everything around to trials in the criminal justice system, and the role that false memories play in it.

Understanding Processes That Produce Racial Disparities In California Death Sentences: A Review Of The Literature, Catherine M. Grosso, Michael Laurence, Jeffrey A. Fagan

Faculty Scholarship

A robust and extensive body of empirical research, and a rich historical record, documents a recurring and pervasive influence of race in the application of California’s death penalty. This article reviews the legal and social science research to document multiple paths through which institutions and processes produce these racial disparities over many decisions in many cases across four decades. The article reviews relevant literature by decision, institution, or actor and presents key findings. This includes documenting the history of the broad statutory design of the California capital punishment statue. The review also considers research on policing, including the influence of …

From Hanging To Nitrogen Hypoxia: The Evolution Of Execution And The Case For American Abolition, Anna Kuhlman

The International Law Review Association Student Forum

The death penalty has been a dark fixture in societal punishment for most of human history. It has allowed for grisly, violent executions of people found guilty of misconduct relative to the culture they live in. “The first established death penalty laws date as far back as the Eighteenth Century BCE in the Code of King Hammurabi of Babylon, which codified the death penalty for 25 different crimes.” The first death sentence on record was a member of nobility in 16th-century BCE Egypt, where the wrongdoer was accused of magic and ordered to commit suicide. In the seventh century B.C.E., …

Prison Foodways In “Orange Is The New Black”, A. E. Stearns, Morgan Wilson, Mckenzie Richard

Qualitative Criminology (QC)

"The current study adds to the literature on prison foodways and media studies by exploring the role of prison food on the show Orange is the New Black (OITNB). Specifically, this project aimed to better understand the nature of televised incarceration experiences through the way in which incarcerated characters interacted with food in the scenes. Through an analysis of 601 food-related scenes in OITNB, findings suggest: 1) food is a vehicle for additional layers of institutional control of captive bodies, 2) food plays myriad non-food roles such as medicine, a transactional medium, a vehicle for contraband, and even sexual pleasure, …

An Exploratory Study On The Practice Of Procedural Justice And Use Of Force In Police-Citizen Encounters, Charles Cunha

Qualitative Criminology (QC)

"Procedural justice is a philosophy and theory demonstrating that the practice of its four principles improves police-community relations. This means that citizens view law enforcement as a legitimate entity of government. Much controversy has stemmed from alleged unlawful killings of suspects in the past decade. These incidents question whether law enforcement acted legitimately. Since then, scholars have researched training in using the four principles of procedural justice. They have also researched the use of procedural justice in police-citizen encounters. The current research study addresses law enforcement officers’ perspectives on the use of force and the use of the four principles …

“They Are Usually Borderline Homeless”: Exploring The Nexus Of Homelessness, Housing Instability, Successful Reentry, And Long-Term Reintegration, Emily I. Troshynski, Carolyn Willis

Qualitative Criminology (QC)

"For previously incarcerated persons, affordable and safe housing options are scarce. Barriers to securing housing include federal mandates (i.e., eligibility requirements) as well as local rules and regulations (i.e., zoning and ordinances). When housing is available, disclosing criminal history on applications impacts individuals’ chances to rent (Philips & Spencer, 2013). A lack of a consistent rental history, no personal and/or employment references, and securing capital to cover security deposits are added challenges. Since parole rules direct ex-convicts not to associate with others that have a criminal record, living with partners, friends, and family members may not be an option. Research …

Perceptions Toward Wrongful Convictions And Needed Reforms In The Criminal Justice System: Does Working Experience In Law Enforcement Matter?, Natalia Ermasova, Aubrey Adams, Lisa Jackson

Qualitative Criminology (QC)

"This study proposes to investigate how public views on the wrongful conviction issue are connected with the perceived need for criminal justice reform and whether the professional experience in law enforcement influences these perceptions. This study employs a qualitative research design, deriving its conclusions from the comparative analysis of the survey responses concerning the issue of wrongful convictions and the criminal justice system collected from 45 law enforcement professionals and 35 individuals without such experience. The comparative results reveal that for the respondents without working experience in law enforcement, racial/ethnical bias was one of the most substantial issues of wrongful …

"Nobody Gives A Damn If You Don't Know The Rules": Poverty, Strain, And Crime, Chrystina Y. Hoffman, Dana R. Dillard, Erin King, Angela Blackburn

Qualitative Criminology (QC)

"General strain theory posits that individuals commit crimes when they experience negative emotions following various sources of strain. One such source of strain is poverty. In this study, researchers use focus group data and apply a general strain framework to analyze criminal offending during the Missouri Community Action Network's Poverty Simulation© (2022) at a regional comprehensive university in the Southeast region of the United States. A total of 99 undergraduate and graduate students participated in the focus groups at the end of the simulation. Findings support Agnew’s (1992) theory with examples of sources of strain stemming from poverty leading to …

Research Brief: Ghosting In The Realm Of Research: The Realities Of Conducting Social Science Research In The Digital Age, Lena M. Campagna, Angela S. Murolo

Qualitative Criminology (QC)

"Social science research does not occur in a vacuum. Competing for time and attention is the norm in a society that has become more isolated. Because of this, the effects of ghosting are prevalent everywhere. As social scientists, we are not immune to ghosting or its effects. In this research brief, two junior faculty members discuss their efforts to overcome ghosting at every level of the research process and its impact on hiring student workers, knowledge production, and meeting grant funding requirements. Lastly, the authors offer suggestions for overcoming the effects of ghosting and its effect on the challenges of …

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 …

Conviction, Incarceration, And Recidivism: Understanding The Revolving Door, John Eric Humphries, Aurélie Ouss, Kamelia Stavreva, Megan Stevenson, Winnie Van Dijk

Cowles Foundation Discussion Papers

Noncarceral conviction is a common outcome of criminal court cases: for every individual incarcerated, there are approximately three who were recently convicted but not sentenced to prison or jail. We extend the binary-treatment judge IV framework to settings with multiple treatments and use it to study the consequences of noncarceral conviction. We outline assumptions under which widely-used 2SLS regressions recover margin-specific treatment effects, relate these assumptions to models of judge decision-making, and derive an expression that provides intuition about the direction and magnitude of asymptotic bias when a key assumption on judge decision-making is not met. We find that noncarceral …

Neurocriminology: Revolutionizing Specialized Training For Criminal Justice System Professionals, Janina Cich

Forensic Scholars Today

No abstract provided.

Community Safety Investments: Violence Prevention Initiatives Across New York State, Rebecca Balletto, Jeffrey A. Butts, Sheyla A. Delgado, Justice D. Evans, Gina Moreno, Elia Del Carmen Solano-Patricio, Kathleen A. Tomberg, Michael Rempel, René Ropac

Publications and Research

At the request of New York State's Division of Criminal Justice Services (DCJS), researchers from John Jay College of Criminal Justice conducted an assessment of over a decade of state-funded violence prevention initiatives implemented at the county level. Beginning in 2010 and expanding significantly after 2021, these initiatives were adopted by nearly two dozen counties by 2014. Research teams from the Research and Evaluation Center (JohnJayREC) and the Data Collaborative for Justice (DCJ) analyzed county-level trends in serious and violent crime between 2010 and 2023 to assess the potential impact of these investments on community safety outcomes. The study aimed …