Digital Commons Network^™

On Bringing Alternative Methods To Legal Research Instruction, Tanya M. Johnson

Northern Illinois University Law Review

Legal research is typically taught in a predictable, traditional way, but this doctrinal approach does not provide the skills and techniques needed for research in support of social justice efforts. This essay discusses a legal research course that I teach called Research for Social Justice, which incorporates critical and alternative methodologies that are not usually taught in legal research classes. After describing the content of the course, I focus on explaining what alternative legal research would entail, including a discussion of some alternative methods and strategies that I teach in my course with the goal of introducing students to a …

Reinvest In Us: Reimagine The Role Of Police In The U.S., Jamil Davis

College Honors Program

In America, we must question and understand what is “law and order.” Over centuries, America developed a racialized slave-class politically and socially through power and force. Police are the foot soldiers of maintaining law and order as Slave Patrols evolved into the State Police. In my thesis, I discuss how their efforts in traffic enforcement enable a dominant class to target and enslave the oppressed class. Traffic control leads to 18 million interactions a year which is 34 people a minute. The numbers of interactions along with persistent practices regarding discrimination cause police to be a social liability. When bad …

Removing A Log From The Nation’S Eye: A National Self-Analysis Of The Domestic Terrorism Question, Katherine R. Doan

Helm's School of Government Conference - 2021-2024

Terroristic values are easy to be ascribed to foreign enemies, but it is far more difficult to admit that domestic citizens could be extremist to the point of being labeled a terrorist. Terrorists are not born; they are made. The following research focuses on the commonalities of upbringing in known domestic terrorists within the United States of America that may reveal noticeable similarities in education, radicalization, and identity. The criminal justice system has yet to discover a perfect method of administering retribution to terrorists. While they have broken the law, their intentions and results are not the same as an …

Comment: The Unjust Side Of Civil Asset Forfeiture In Illinois: Innocent Victims And Corrupted Incentives, Sarah Farwick

Northern Illinois University Law Review

Under the broad scope of modern civil asset forfeiture, law enforcement agencies routinely deprive citizens of their property without ever formally charging them with a crime. This system diminishes the ideal values of American justice, yet the Supreme Court has long held that civil asset forfeiture is constitutional, leaving prospects of judicial reform unlikely. Therefore, it is crucial that individual states take action to protect their citizens by abolishing the use of civil asset forfeiture. In 2017, the Illinois General Assembly attempted to reform its civil asset forfeiture system, but upon close analysis and application of the statute, it is …

The Downfall Of Daniel Fitzpatrick: A Creative Short Story, Renee Horsley

Theses/Capstones/Creative Projects

Daniel grew up with humble beginnings in Starlight, Nebraska. His loving parents provided him and his four other siblings with as much as they could. Victoria grew up wealthy in a small town in Georgia but by fifth grade, Victoria would move to Starlight due to her father’s business proposition. Soon Daniel and Victoria’s worlds collided setting the way for the most epic and yet tragic love story to ever hit Starlight Nebraska. A creative short story that intertwines the disciplines of criminal justice, intergroup dialogue, psychology, and the law.

Comment: Instilling Ordered Procedure In Assessing Motions For Reduced Sentences Under Section 404 Of The First Step Act, Michael C. Vega

Northern Illinois University Law Review

This Comment discusses the lack of ordered procedure in assessing motions brought pursuant to § 404 of the First Step Act of 2018. For nearly a quarter century, federal cocaine sentencing subjected crack-cocaine offenses dealing in one-hundredth the quantity of drug to the same statutory penalty as powder-cocaine offenses. This disparate treatment of drug offenses impacted primarily African Americans. The Fair Sentencing Act of 2010 reduced the disparity but applied only prospectively. Section 404 of the First Step Act made certain provisions of the Fair Sentencing Act retroactive. In the ensuing years, the federal courts have disagreed on the precise …

The Right To Social Expungement, Itay Ravid

Faculty Publications

In recent years, policy makers advancing criminal legal reform have engaged
in attempts to correct years of harsh and expansive use of criminal laws. Two
main parallel trends dominate these attempts. One is forward-looking—the
decriminalization of many activities currently punishable by the criminal legal
system. The second is backward-looking, and related—expungement and vacatur
reforms that aim to allow individuals to start fresh.

While these latter efforts are intended to erase the criminal stain from official
criminal records, the non-official domain gained less traction, leading to an
absurd reality in which news stories about individuals’ criminal histories remain
accessible in the …

Regulating Rape Within The Virtual World, Chandler Horne

Lincoln Memorial University Law Review Archive

As virtual reality applications become more accessible to the general public, the opportunity for immoral user interactions has shifted from possible to probable. While although virtual reality applications have revolutionized the tech industry, they have also initiated an evolution of virtual crimes, such as virtual rape. Virtual rape refers to when a virtual user exploits their avatar to rape the avatar of another virtual user. When virtual rape occurs, user rapists are often left unpunished, and user victims are often left without recourse. This paper examines how rapes occurring within virtual reality applications can be adjudicated under real-world laws. Specifically, …

From Paper To Prison: How A Rapper's Bars Can Land Them Behind Bars, Sean Freeland

Lincoln Memorial University Law Review Archive

The United States judiciary has historically treated some criminal defendants worse than others. This paper seeks to shed light on the current shortcomings of the judiciary as it relates to lyricists. Specifically, prosecutors are targeting rap artists on trial for various crimes by seeking to admit their rap lyrics as propensity evidence. This paper is divided into three parts. First, it aims to examine a small aspect of free speech in America and points out its various problems. Further, this paper identifies a solution that should make admitting art as evidence more difficult for prosecutors; as such, the second part …

Trial By Media: Where Fact & Fiction Co-Exist In High-Profile Cases, Sophie Fielder

Lincoln Memorial University Law Review Archive

Media presence in any U.S. courtroom has long included a debate between the First and Sixth Amendments of the U.S. Constitution, especially within high-profile criminal trials. However, while most federal courts choose to disallow live streaming of trials, state courts continue to vary on the levels of media involvement within their courtrooms. Furthermore, parties involved in civil trials receive less constitutional protection; as such, we’ve seen the media’s presence run wild within the last couple of years, turning respected courtrooms into entertainment circuses and exposing jurors to influential media more than ever. In a world not only consumed by technology …

Privacy And Property: Constitutional Concerns Of Dna Dragnet Testing, E. Wyatt Jones

Honors Projects

DNA dragnets have attracted both public and scholarly criticisms that have yet to be resolved by the Courts. This review will introduce a modern understanding of DNA analysis, a complete introduction to past and present Fourth and Fourteenth Amendment jurisprudence, and existing suggestions concerning similar issues in legal scholarship. Considering these contexts, this review concludes that a focus on privacy and property at once, with a particular sensitivity to the inseverable relationship between the two interests, is Constitutionally consistent with precedent and the most workable means of answering the question at hand.

The Future Of Bail Reform In The United States, Mary Gorham

Senior Theses

This thesis examines bail reform, specifically cash bail reform, across several jurisdictions in the United States. The goal of this research is to provide a synthesis of the literature and reform efforts at the state and federal levels. Importantly, this thesis will examine recent modifications to the cash bail systems in four states. in order to get a balanced perspective on the success of these reform efforts. In the pages that follow, there will be a presentation of the literature review and a discussion of the reforms that have been undertaken since 2015. Additionally, this thesis will discuss how the …

Sticky Situations: Understanding The Law And Life, Krystal Banks

National Youth Advocacy & Resilience Conference

Law and life go hand in hand. Understanding the law and how it connects to life can be an effective tool in teaching youth and adults the value of making good decisions when it comes to life and the law. Sticky Situations places real-world situations in the context of learning how to apply the law and effectively respond to life's sticky situations.

Equal Protection Against Policing, Evan D. Bernick

College of Law Faculty Publications

A White police officer pins his knee against a Black man’s neck. The Black man lies prone. He says he can’t move. He says he can’t breathe. He says he’s through. He pleads for his mama. He moans, gasps, and writhes. Blood runs out of his nose and mouth. After eight minutes and forty-six seconds, George Floyd is dead.

Videos of the killing went viral. All four of the Minneapolis Police Department officers who arrested Floyd for allegedly using a counterfeit $20 bill at a convenience store were fired. Derek Chauvin—who held his knee to Floyd’s neck—was initially charged by …

The Lived Experiences Of Civilian Review Board Members, Vereen Charmaine Barton

Walden Dissertations and Doctoral Studies

AbstractThe purpose of this transcendental phenomenological research was to describe the lived experiences of investigative civilian review board (CRB) members. The central research question of the study examined the lived experiences of investigative civilian review board members as it related to recruitment and selection, training, and support. Eight participants from two CRBs in the Northeast and Midwest formed a random sample of six females and two males. Three data collection instruments were used in this research (in-depth interviews, writing prompts, and personal narratives) to elicit information. The instruments were designed to prompt information about CRB members' experiences based on the …

The Lived Experiences Of Civilian Review Board Members, Vereen Charmaine Barton

Walden Dissertations and Doctoral Studies

AbstractThe purpose of this transcendental phenomenological research was to describe the lived experiences of investigative civilian review board (CRB) members. The central research question of the study examined the lived experiences of investigative civilian review board members as it related to recruitment and selection, training, and support. Eight participants from two CRBs in the Northeast and Midwest formed a random sample of six females and two males. Three data collection instruments were used in this research (in-depth interviews, writing prompts, and personal narratives) to elicit information. The instruments were designed to prompt information about CRB members' experiences based on the …

Sex, Drugs, And Secondary Confessions, Kylene Street

Theses

Jailhouse informant testimony in the form of secondary confessions is one of the leading causes of wrongful convictions in the United States. Often, informants receive incentives in exchange for their testimony. This is the first study to incorporate incentives other than reduced sentences. In two experiments, employing a multigroup comparison with 4 levels of the independent variable (Incentive: Legal, Illegal, No Incentive, No Informant), this study explored the influence the type of incentive received by the informant had on jury decision making. The results of Experiment 1 indicated neither perceptions of the informant nor verdict decision making were influenced by …

Tsai Today (2023), Southern Methodist University, Dedman School Of Law, Tsai Center For Law, Science And Innovation

Tsai Today

No abstract provided.

Blind Adoption: Oregon’S Jury Exclusion Law, Catherine Mattecheck

Lewis & Clark Law Review

Jury service is a core tenet of civic engagement and an essential part of ensuring a trial by a jury of one’s peers. Despite this, millions of Americans are barred from serving on a jury based on a prior criminal conviction. Oregon has one of the harshest jury exclusion laws in the country, barring people from serving on a jury with a felony conviction and certain misdemeanors. The modern context of the criminal justice system requires a new look at Oregon’s law.

Emerging Technology’S Language Wars: Cryptocurrency, Carla L. Reyes

Faculty Journal Articles and Book Chapters

Work at the intersection of blockchain technology and law suffers from a distinct linguistic disadvantage. As a highly interdisciplinary area of inquiry, legal researchers, lawmakers, researchers in the technical sciences, and the public all talk past each other, using the same words, but as different terms of art. Evidence of these language wars largely derives from anecdote. To better assess the nature and scope of the problem, this Article uses corpus linguistics to reveal the inherent value conflicts embedded in definitional differences and debates related to developing regulation in one specific area of the blockchain technology ecosystem: cryptocurrency. Using cryptocurrency …

Essays On The Economics Of Law And Crime, Zachary J. Porreca

Graduate Theses, Dissertations, and Problem Reports (ETD)

The first chapter examines the connection between gentrification and urban violence. I demonstrate a positive and plausibly causal relationship between urban redevelopment and gun violence in Philadelphia. As the underlying mechanism, I focus on gentrification's displacement effect on local drug markets. Treating the city as a spatial network of city blocks and using two-way fixed effects differences-in-differences estimators, I show the gentrification of one block increases violence across the surrounding neighborhood. I find that some 2,400 (8%) of Philadelphia's shootings between the years 2011 and 2020 can be attributed to spillover effects from the gentrification of drug blocks. This effect …

Exploring Jury Nullification: Its Political History, Current, And Potential Impact On Policy, David Harold Penny

Walden Dissertations and Doctoral Studies

Jury nullification (JN) is when a jury knows a defendant is legally guilty, but states they are not guilty, believing that their verdict better serves justice in that case. The problem is the violation of the Constitution’s equal protection clause for all citizens, caused by the intentional omission in most judges’ instructions to juries of JN. The purpose of the study was to fill the gap in the literature on jury behavior and address the problem of JN. The study framework is chaos theory as applied by Horowitz to jury behavior. It describes judges and lawmakers mistrust of juries associated …

Exploring Jury Nullification: Its Political History, Current, And Potential Impact On Policy, David Harold Penny

Walden Dissertations and Doctoral Studies

Jury nullification (JN) is when a jury knows a defendant is legally guilty, but states they are not guilty, believing that their verdict better serves justice in that case. The problem is the violation of the Constitution’s equal protection clause for all citizens, caused by the intentional omission in most judges’ instructions to juries of JN. The purpose of the study was to fill the gap in the literature on jury behavior and address the problem of JN. The study framework is chaos theory as applied by Horowitz to jury behavior. It describes judges and lawmakers mistrust of juries associated …

A Synthesis Of The Science And Law Relating To Eyewitness Misidentifications And Recommendations For How Police And Courts Can Reduce Wrongful Convictions Based On Them, Henry F. Fradella

Seattle University Law Review

The empirical literature on perception and memory consistently demonstrates the pitfalls of eyewitness identifications. Exoneration data lend external validity to these studies. With the goal of informing law enforcement officers, prosecutors, criminal defense attorneys, judges, and judicial law clerks about what they can do to reduce wrongful convictions based on misidentifications, this Article presents a synthesis of the scientific knowledge relevant to how perception and memory affect the (un)reliability of eyewitness identifications. The Article situates that body of knowledge within the context of leading case law. The Article then summarizes the most current recommendations for how law enforcement personnel should—and …

Forming A "Brain Print:" Using Cognitive Neuroscience And Brain Imaging As An Objective Measure Of Criminal Insanity, Christos D. Strubakos

Lincoln Memorial University Law Review Archive

Fiction popularized the concept of criminal insanity. Yet, despite its popularity in the virtual world, it is rarely used in real life. The chief reason for this is that mental disorders that may inhibit a defendant's ability to form reasonable cognitive representations of reality often do not impact his ability to form a key element of a crime: the requisite mental state. Thus, the legal definition of criminal insanity refers to a mental defect that affects a defendant's ability to appreciate her actions at the time of the crime or to understand her actions are wrong. Further complicating matters is …

A Hierarchy Of Sovereigns Through The Limitation Of Tribal Criminal Jurisdiction, Walter W. Harding Jr.

Lincoln Memorial University Law Review Archive

Tribal criminal jurisdiction has been limited by the enactment of the Indian Bill of Rights and acts that give states criminal jurisdiction over tribal lands instead of allowing tribal nations to self-govern criminal acts that occur on their lands. Additionally, Congress has used its plenary power to erode the tribal criminal jurisdiction. The United States Constitution recognizes three sovereigns: States, Foreign Nations, and Tribal Nations. This erosion, along with United States Supreme Court decisions, created a hierarchical class of sovereignty in the sovereigns recognized by the United States Constitution, with tribal nations occupying the lowest position on this hierarchy. In …

Commodifying Captivity: What Society Loses When Private Companies Do The Government's Bidding, Brianna Weiner

Lincoln Memorial University Law Review Archive

This paper discusses the societal impact of permitting private, for-profit entities to take on the government’s function of imposing and regulating punishment. Traditionally, the People choose local and government actors to punish others. The imposition of punishment by private, for-profit companies destroys the established pattern of community involvement and control. Communities have no control over which private companies are used, have little ability to oversee company functions, and have no voice in the process of holding private companies accountable. Additionally, when punishment is privatized, the offender does not feel the community’s condemnation. Instead of society benefiting from the swift hand …

Man Vs. Machine: Facial Recognition Technology Replacing Eyewitness Identifications, Stefanie M. Bowen

Lincoln Memorial University Law Review Archive

No abstract provided.

Age-Old Tools And Techniques To Protect Consumers Need To Be Sharpened In The Light Of Artificial Intelligence, Rajesh Bahuguna Prof, Radhey Shyam Jha Dr

International Journal on Consumer Law and Practice

We all are consumers by birth and remain consumers till death, and at the same time, it is also true that a consumer becomes the victim of exploitation in different ways. Adulterations, underweight, duplicate or cloned goods, and misleading and insufficient information are some ways of victimizing consumers. Today, we are standing at a juncture where we have a series of legislative, judicial, and administrative efforts to protect consumers. On the other hand, we have a plethora of incidents of exploitation of consumers. The nature of the legislation available for the protection of consumers is not purely criminal but sometimes …

Acid Attacks: An Overview Of Legal Measures And Motivation Trends In India, Pakistan, Bangladesh, Colombia, And Cambodia, Gaia Calcini

Dignity: A Journal of Analysis of Exploitation and Violence

Vitriolage is a form of widespread violence around the world. This research analyzed legislative measures against the practice adopted by India, Bangladesh, Pakistan, Colombia, and Cambodia. The strengths and weaknesses of the different legal systems were examined. Motivational trends on why the violence was committed were reviewed in the literature in these countries. It was found that acid attacks are a form of gender-based violence. Countries where the measures were adopted to prevent attacks but failed to achieve the goal did not consider the attacks as a part of a broader problem. The only country that seems to have achieved …