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The Effect Of Criminal Records On Access To Employment, Amanda Agan, Sonja B. Starr

Articles

This paper adds to the empirical evidence that criminal records are a barrier to employment. Using data from 2,655 online applications sent on behalf of fictitious male applicants, we show that employers are 60 percent more likely to call applicants that do not have a felony conviction. We further investigate whether this effect varies based on applicant race (black versus white), crime type (drug versus property crime), industry (restaurants versus retail), jurisdiction (New Jersey versus New York City), local crime rate, and local racial composition. Although magnitudes vary somewhat, in every subsample the conviction effect is large, significant, and negative.

Resurrecting Miranda's Right To Counsel, David Rossman

Faculty Scholarship

The regime created by Miranda v. Arizona is at this point in its history bankrupt both intellectually and in terms of practical effect. Justices who have joined the Court after Miranda have cut back its scope by stingy interpretations of the doctrine’s reach and effect. In practice, few suspects actually benefit from the way Miranda is now implemented in police stations and courtrooms. Given the failure of Miranda’s promise, can we envision an alternative? Here is one that may be politically palatable and doctrinally feasible, largely adopted from English practice:

1. Police would give the same Miranda warnings that they …

Chesnutt Library Literacy Fellows Pathway: Ninth Cohort, Jennifer J. Marson

Chesnutt Fellows Information Literacy Projects

No abstract provided.

Literacy Fellow Ninth Cohort, 2016-2017--Paper Assignment (Final Report), Jennifer J. Marson

Chesnutt Fellows Information Literacy Projects

No abstract provided.

Justice Involved Veterans’ Post-Release Employment-Related Experiences, James L. Dawson

Dissertations

In 2010, the cost to U.S. taxpayers was $39 billion to incarcerate individuals in State and Federal Correctional facilities. A sub-population of these prisoners is those that have served in the U.S. military, or “Justice Involved Veterans” (JIVs). Many Veterans are eligible for federal and state funds for Career Tech. Education to assist them with obtaining employment, which research shows often contributes to keeping them from re-offending. However, recent studies of employment after prison have all been quantitative investigations that do not incorporate the voices of JIVs describing their experiences in depth. Bush’s (2011), and Bolman and Deal’s (2008) theories …

Documenting ---- In Bloomington-Normal: A Community Report On Intolerance, Segregation, Accessibility, Inclusion, And Progress, And Improvement, Brittany Ashmore, Molly Cook, Alyssa Cooper, Teddy Dondanville, Ryan Duncan, Lindsey Earl, Justin Estima, Jake Fredericks, Mary Frey, Diamond Frison, Doug Gass, Myer Hursey, Kathryn Jones, Alesha Klein, Megan Koch, Kathryn Mcgee, Taylor Messamore, Jonathan Mansma, Jaresa Morrison, Jake Murray, Renee Palecek, Rainee Sibley, Chaney Skadsen, Vanessa Soto, Emily Spencer, Danielle Stevens, Corinna Strawn, Patricia Longwood, Frank D. Beck

Student Research – Stevenson Center

For the local chapter of Not In Our Town, we document intolerance, discrimination, segregation, disparities of access, and disparities in the criminal justice system in Bloomington-Normal, IL. Using archival material, secondary data, and primary data, we examine these issues from the mid-1990s to the present. We also assess the position of the organization in the community and provide strategies for future success. In sum, Bloomington-Normal was and is intolerant; discrimination did and does take place in this community; there are disparities of access and in the criminal justice system; we are segregated. The community is also less of these things …

Reverse Civic And Legal Exclusions For Persons With Criminal Charges And Convictions, Carrie Pettus-Davis, Matthew W. Epperson, Annie Grier

Center for Social Development Research

This policy action statement was developed by members of the network engaged in the Grand Challenge to Promote Smart Decarceration. The Grand Challenges initiative’s policy action statements present proposals emerging from Social Innovation for America’s Renewal, a policy conference organized by the Center for Social Development at Washington University in collaboration with theAmerican Academy of Social Work & Social Welfare, which is leading the Grand Challenges for Social Work initiative to champion social progress through a national agenda powered by science.

Quantifying The Contours Of Power: Chief Justice Roberts & Justice Kennedy In Criminal Justice Cases, Michael A. Mccall, Madhavi M. Mccall

Pace Law Review

This Article seeks to contribute to the debate with an empirical analysis of voting behavior in criminal justice cases decided during the first ten Terms of the Roberts Court era. The following section presents the study’s case selection and introduces the types of measures used to illuminate influence on the High Court (Part II). Court- and individual-level tendencies (Part III) identify potential spheres of influence occupied by Chief Justice Roberts and Justice Kennedy. These bases of judicial power are examined separately in Part IV (Chief Justice Roberts) and Part V (Justice Kennedy). Some possible implications of Justice Scalia’s death on …

Short Fall Arguments In Court: A Probabilistic Analysis, Maria Cuellar

University of Michigan Journal of Law Reform

A discussion about how statistical arguments are used in court, specifically in cases of Abusive Head Trauma in which the defendant has claimed that an accidental short fall, and not shaking or child abuse, has caused the child’s injuries.

Bias, Subjectivity, And Wrongful Conviction, Katherine Judson

University of Michigan Journal of Law Reform

A talk about bias, subjectivity and wrongful convictions.

Police Interrogations, False Confessions, And Alleged Child Abuse Cases, Richard Leo

University of Michigan Journal of Law Reform

A discussion on false confession cases in the United States.

Evidence Of Child Abuse: Inferring The Causes Of Effects, Stephen E. Fienberg

University of Michigan Journal of Law Reform

A statistician's take on evidence of child abuse.

Bail Nullification, Jocelyn Simonson

Michigan Law Review

This Article explores the possibility of community nullification beyond the jury by analyzing the growing and unstudied phenomenon of community bail funds, which post bail for strangers based on broader beliefs regarding the overuse of pretrial detention. When a community bail fund posts bail, it can serve the function of nullifying a judge’s determination that a certain amount of the defendant’s personal or family money was necessary to ensure public safety and prevent flight. This growing practice—what this Article calls “bail nullification”—is powerful because it exposes publicly what many within the system already know to be true: that although bail …

Hard Bargaining In Plea Bargaining: When Do Prosecutors Cross The Line?, Cynthia Alkon

Nevada Law Journal

Well over 90 percent of all criminal cases in the United States are resolved by plea bargaining and not by trial. This means that how plea bargaining works impacts nearly every criminal defendant. However, there are few restrictions to protect defendants in the negotiating process. One serious problem is that prosecutors regularly use hard bargaining tactics such as exploding offers, threats to add enhancements, take-it-or-leave-it offers, and threats to seek the death penalty. These hard bargaining tactics contribute to the often highly coercive atmosphere of plea bargaining that can lead innocent defendants to plead guilty. Pressure to plead guilty can …

The Reintegrative State, Joy Radice

Scholarly Works

Public concern has mounted about the essentially permanent stigma created by a criminal record. This is no small problem when the U.S. criminal history database currently stores seventy-seven million criminal records, and poor people and people of color constitute a severely disproportionate number of them. A criminal record makes it harder for people to find housing, get hired, attend college, and reunite with their families. Yet these very things have the greatest chance of helping people lead law-abiding lives and reducing recidivism. Scholars, legislators, and advocates have confronted this problem by arguing for reforms that give people with a conviction …

Autonomy And Accountability: Why Informed Consent, Consumer Protection, And Defunding May Beat Conversion Therapy Bans, Melissa Ballengee Alexander

Faculty Articles

No abstract provided.

Prisons Prior To Mass Incarceration: The Ideological Foundations Of Women’S Dependency, Jen Manion

Western New England Law Review

Today’s mass incarceration is a contemporary phenomenon that entraps black and brown people in an expanding web of control and violence. It replaces a long standing range of punishments including whipping, carting, stocks and pillory, fines, and capital punishment. With a growing population and increasing criminalization of poverty, imprisonment of women has increased without consideration given to the impact on dependent children and how to keep women housed safely in a system designed for men.

This Article examines punishment over the last 200 years. Knowledge of this history is crucial for those dedicated to structural transformation of today’s criminal injustice …

Implicit Bias In Daily Perceptions And Legal Judgments, Keith B. Maddox, Samuel R. Sommers

University of Michigan Journal of Law Reform

In today’s demonstration, we explored the audience’s positive and negative associations with blacks and whites. The demonstration is an adaptation of the Implicit Association Test (www.projectimplicit.net), a computer-based task designed to explore mental connections between various concepts. Participants were presented with a list of concepts (stereotypically black and white names, pleasant and unpleasant concepts) in a column down the middle of a screen along with the response categories (black/white or Pleasant/Unpleasant) along the left and right sides. When reading a word, participants were asked to categorize it by slapping the knee (left or right) that corresponds to the category displayed …

Child Abuse Evidence: New Perspectives From Law, Medicine, Psychology & Statistics: Question And Answer Session, Kimberly Thomas, Keith B. Maddox, Samuel R. Sommers, Patrick Barnes, Richard Leo

University of Michigan Journal of Law Reform

A transcript of the Question and Answer session during the University of Michigan Journal of Law Reform Symposium, Child Abuse Evidence: New Perspectives from Law, Medicine, Psychology & Statistics.

Keynote Address: Can A Sign Or Occult Finding Predict A Causal Relationship?: How To Reason About Possible Child Abuse, Peter Aspelin

University of Michigan Journal of Law Reform

Keynote Address for the University of Michigan Journal of Law Reform Symposium, Child Abuse Evidence: New Perspectives from Law, Medicine, Psychology & Statistics.

Ministers Of Justice And Mass Incarceration, Lissa Griffin

Elisabeth Haub School of Law Faculty Publications

Over the past few years, scholars, legislators, and politicians have come to recognize that our current state of “mass incarceration” is the result of serious dysfunction in our criminal justice system. As a consequence, there has been significant attention to the causes of mass incarceration. These include the war on drugs and political decisions based on a “law and order” perspective. Congressional and state legislative enactments increased the financing of the expansion of police powers and provided for severely punitive sentencing statutes, thereby giving prosecutors uniquely powerful weapons in securing guilty pleas. All of this occurred as crime rates dropped. …

Retributive Justifications For Jail Diversion Of Individuals With Mental Disorder, E. Lea Johnston

UF Law Faculty Publications

Jail diversion programs have proliferated across the United States as a means to decrease the incarceration of individuals with mental illnesses. These programs include pre-adjudication initiatives, such as Crisis Intervention Teams, as well as post-adjudication programs, such as mental health courts and specialized probationary services. Post-adjudication programs often operate at the point of sentencing, so their comportment with criminal justice norms is crucial. This article investigates whether and under what circumstances post-adjudication diversion for offenders with serious mental illnesses may cohere with principles of retributive justice. Key tenets of retributive theory are that punishments must not be inhumane and that …

Records Of The American Society Of Criminology, Division On Women And Crime Finding Aid And Container List, Thomas G. Carpenter Library Special Collections And University Archives

Finding Aids and Container Lists

No abstract provided.

Good Intentions, Unintended Consequences: How United States V. James Will Affect Federal Sexual Abuse Analysis, Kelsey Wong

Loyola of Los Angeles Law Review

No abstract provided.

Civil Rights/Constitutional Law—Indebted To The State: How The Thirteenth Amendment’S Promise Of Abolition Holds Protections Against The Modern Debtors’ Prisons, Sarah Morgan

Western New England Law Review

Cash-starved municipalities regularly impose criminal justice debt on individuals too poor to pay. Local courts deny criminal debtors’ a meaningful inquiry into their ability to pay prior to being assessed sky-high fees, often predictably resulting in default on their payments. Nonpayment under these municipal schemes is enforced through imprisonment solely for the purpose of compelling repayment. Under these circumstances, criminal debtors find themselves in modern debtors’ prisons, a conceptual cycle of debt and imprisonment nearly impossible to escape. This Note will argue the modern debtors’ prison is peonage, coerced labor for the repayment of debt, which is prohibited under the …

Child Abuse Evidence: New Perspectives From Law, Medicine, Psychology & Statistics: Opening Remarks, November 6, 2015, Bridget M. Mccormack

University of Michigan Journal of Law Reform

Opening remarks by Justice Bridget McCormack, Michigan Supreme Court on November 6, 2015.

"Facts Are Stubborn Things": Protecting Due Process From Virulent Publicity, Benjamin Brafman, Darren Stakey

Touro Law Review

No abstract provided.

Recidivism Rates Among Juveniles With Mental Illness, Kia Chevon Russell

Walden Dissertations and Doctoral Studies

Treating mental illness is imperative to help reduce criminal justice involvement within the juvenile population. Receiving mental health care will help decrease the likelihood for youth to reoffend, ultimately reducing recidivism rates. Past studies showed there are risk factors associated with juveniles and recidivism; however, very few studies have examined what factors are prevalent after services have been received. The purpose of this study was to identify factors that increase the risk of recidivism among juveniles who have received psychiatric stabilization in Harris County, Texas. Risk factors that were assessed included age, gender, ethnicity, and criminal offense. The psychodynamic perspective …

The Chow: Depictions Of The Criminal Justice System As A Character In Crime Fiction, Marianne Wesson

Publications

Having been honored by a request to contribute to a Symposium honoring my talented friend Alafair Burke, I composed this essay describing the various ways the criminal justice system has been depicted in English-language crime fiction. This survey, necessarily highly selective, considers portrayals penned by writers from Dickens to Tana French. Various dimensions of comparison include the authors’ apparent beliefs about the rule of law (from ridiculously idealistic to uncompromisingly cynical), the characters’ professional perspectives (private detective, police officer, prosecutor, defense lawyer, judge, victim, accused), and the protagonists’ status as institutional insiders or outsiders or occupants of the uncomfortable middle. …

Pill Poppin’ Nation: Substance Use, Mental Health, And Treatment Among Criminal Justice-Involved African Americans, Joi-Sheree' P. Knighton

Theses and Dissertations--Educational, School, and Counseling Psychology

The purpose of this dissertation was to examine substance use-related outcomes among criminal justice-involved African Americans using a multiple manuscript format. The Centers for Disease Control and Prevention has deemed nonmedical prescription opioid use an epidemic. National estimates indicate approximately 3.9% of African Americans engage in nonmedical prescription opioid use. Research suggests African Americans involved in the criminal justice system may be significantly at risk of substance use more generally; yet, there are no known estimates of nonmedical opioid use among this subgroup. Rising rates of nonmedical opioid use also has implications for discussing barriers to treatment among socioeconomically marginalized …