Digital Commons Network^™

The Criminal Justice System’S Impact On Marginalized Communities And Efforts To Promote Equity And Justice, Derek Moore

Tampa Library Faculty and Staff Publications

This study examines the profound implications of criminal justice systems on marginalized communities. It also explores the numerous efforts to augment equity and justice within the systems. This paper critically analyzes the primary factors contributing to the disproportionate representation of marginalized persons within the criminal justice system, like system prejudices, racial categorization, and socio-economic inequities. The article accentuates the detrimental impacts of the disparities on marginalized populations, like perpetuating poverty cycles, stigmatization, and limited access to prospects. The paper examines the role played by mandatory minimum sentencing, cash bail, police militarization, and restorative justice. The article adopts a qualitative literature …

The Pacifican February 2024, University Of The Pacific

All Issues - Student Newspaper, The Pacifican, Pacific Weekly

No abstract provided.

“Swifties” Or Swift Suppression? How Police Officers Exploit Copyright Law And Practice Online To Evade Public Accountability, Jeremy Lamstein

Cardozo Law Review

The video recording of the tragic killing of George Floyd by Minneapolis police officers had an immediate and profound impact on the public. The video held essential evidentiary value in the prosecution of Floyd’s killers, as it told a very different story than what the police officers had made the situation out to be. It was by no means the first recording of police misconduct that generated significant attention from the public, but it remains among the most notable.

Now, imagine that the world had never seen the extent of this horrific incident. In this alternate universe, the video never …

Evaluating The Impact Of Desk Appearance Ticket Reform In New York State, Olive Lu, Michael Rempel

Publications and Research

This report addresses the extent to which reform led more people charged with low-level offenses to return home swiftly after an arrest, avoid overnight detention, and limit unnecessary system contact. We focused solely on misdemeanors and Class E felonies where the specific charge is subject to a mandatory DAT (excluding domestic violence, sex offenses, and select other charges) and the individual has not failed to appear in the past two years. Thus, we excluded most cases where police officers retained discretion; however, the data could not isolate all carve-outs, such as people who cannot prove their identity, appear to need …

Does New York's Bail Reform Law Impact Recidivism? A Quasi-Experimental Test In The State's Suburban And Upstate Regions, René Ropac

Publications and Research

This is the third report in Data Collaborative for Justice's Bail Reform and Recidivism Series. The study builds upon two previous reports examining the impact of bail reform on recidivism in New York City. This study estimated the impact of New York's bail reform on recidivism in the State's suburban and upstate regions. We compared re-arrest rates for people who had bail set or were remanded at arraignment in the first half of 2019 (before bail reform) with similar people who were released without bail in the first half of 2020 (after bail reform).

Why Teachers Write Office Referrals On Black Students: A Case Study, Darrin Lamont Hemphill

Electronic Theses and Dissertations

This study examined why teachers write office discipline referrals on Black students, addressing a gap in the literature about the writing of office discipline referrals by teachers for disciplinary reasons. Few studies have office discipline referrals as a factor in the discipline gap between Black and White students. The researcher utilized a qualitative case study method to interview participants. Semi structured interviews were conducted and analyzed manually by the researcher. Fifteen classroom teachers participated: five from elementary, five from middle school, and five from high school. The study used the social-ecological theory framework to analyze the phenomenon of writing office …

Examining The Influence Of Adult Mentors On Fostering Prosocial Behaviors Among Teens, John H. Weaver Iii

Electronic Theses and Dissertations

This dissertation addressed a critical public health concern stemming from the prevalence of antisocial behavior among U.S. teenagers. The study specifically tackled the lack of information regarding the components of an effective risk-reduction mentoring program for teens. The primary aim was to explore how young adult alums of a central Florida mentoring program articulated the influence of mentoring relationships that have shaped their attitudes and perceptions concerning prosocial behavior during adolescence. As a bounded qualitative case study, this research employed semistructured interviews with 11 young adult mentees from a mentoring program. Additionally, a focus group of five adult mentors who …

A Conversation On The Carceral Home, Ngozi Okidegbe, Kate Weisburd, Emmett Sanders, James Kilgore

Faculty Scholarship

On February 8, 2024, scholars Ngozi Okidegbe, Kate Weisburd, Emmett Sanders, and James Kilgore met virtually at the Boston University School of Law to hold a conversation on Professor Weisburd’s article, The Carceral Home, 103 B.U. L. Rev. 1879 (2023).

Why Removing Institutional Discretion And Applying Restorative Justice To Mediation Could Prove Beneficial To Title Ix Dispute Resolution, Clare Hensley

Journal of Dispute Resolution

University students have often voiced concern that their institution did not do enough in addressing sexual assaults on campus. There is a perception among students and potential victims that there is a culture of ignoring and underreacting to sexual violence on campus. As many as one in five female undergraduate students experience sexual violence during college, but few feel confident enough to report it.

Legislative Update, Katherine Albers, Lauren Bean, Dillon Dewey, Hannah Jackson, Victoria Mantel

Journal of Dispute Resolution

The Legislative Update is compiled and written annually by the Journal of Dispute Resolution’s Associate Members under the direction of the Associate Editor in Chief. It is designed to provide readers with a listing of pertinent legislation affecting the field of alternative dispute resolution (“ADR”) and a more detailed look at certain bills because of their importance or novelty within the field.

Law's Legitimacy: Lon Fuller In A Consequentialist Frame, Daniel L. Feldman

Dissertations, Theses, and Capstone Projects

This thesis argues that Lon Fuller’s approach to jurisprudence offers more important support to the rule of law than has been generally recognized. It argues further that a consequentialist lens allows clearer views of Fuller’s strengths in this regard, despite Fuller’s own resistance to consequentialism and despite consequentialism’s blindness to some of Fuller’s depth and texture. This thesis supplies a formula, although one intended only as a guide to thinking, not for actual computation, to drive judicial decision-making. The inputs into this formula are six values widely shared in the United States, modified by case-by-case salience. Kantian deontology strongly influences …

Digital Rhetoric Of The Invisible: Bisexual Literacy Practices On Tiktok, 2020–2021, Olivia Wood

Dissertations, Theses, and Capstone Projects

This dissertation uses auto- and digital-ethnographic methods to analyze the literacy practices of bisexual TikTok users primarily during the first year of the Covid-19 pandemic in the United States, during which time TikTok exploded in popularity among U.S. social media users, especially among young adults. It is also an exercise in neuroqueer composing, diverging at times from the norms of academic writing and the dissertation genre to perform and intentionally draw attention to neuroqueer styles of thinking and communication. I argue that bisexual invisibility and contemporary bi+ rhetorical activity must be understood within the context of LGBTQ+ political history, particularly …

Sharing Four Biscuits Between Three People: An Illustrative Example Of How Mathematics Is Intertwined With Human Values, Lovisa Sumpter, David Sumpter

Journal of Humanistic Mathematics

Despite convincing arguments by mathematicians, philosophers, sociologists and machine learning practitioners to the contrary, there remains a widespread notion amongst many members of the general public (and some practitioners) that mathematics is neutral, that it is free from human values. One reason why this notion persists is that we lack clear-cut examples that demonstrate how mathematics and values are intertwined. In this paper, we offer one such example. In particular, we show that when sharing four biscuits between three people, several possible mathematical and ethical frameworks can be used. We demonstrate that different solutions—hiding one biscuit, arbitrarily sharing the extra …

The Fallacy Of Systemic Racism In The American Criminal Justice System, Paul J. Larkin, Giancarlo Canaparo

Liberty University Law Review

Critics of the criminal justice system have repeatedly charged it with systemic racism. It is a tenet of the “war” on the “War on Drugs,” it is a justification used by the so-called “progressive prosecutors” to reject the “Broken Windows” theory of law enforcement, and it is an article of faith of the “Defund the Police!” movement. Even President Joe Biden and his chief lieutenants leveled the same allegation early in this administration. Although the President has eschewed the belief that Americans are a racist people, others have not, proclaiming that virtually anyone who is white is a racist.

Yet, …

Table Of Contents

Liberty University Law Review

No abstract provided.

The Rattler (Volume 112, Issue 5), St. Mary's University

The Rattler (Previous issues)

Founded in 1919, The Rattler is the student voice of St. Mary’s University in San Antonio, Texas. The newspaper documents campus life, academic and social issues, student opinion, and local and national events as they relate to the University community. Content typically includes news articles, editorial commentary, arts and culture coverage, sports reporting, and advertisements.

Long History Of Leniency? A Call For A Georgia Statutory Mitigation Factor For Veterans With Post-Traumatic Stress Disorder, Jonathan Fagundes

Georgia Law Review

In Georgia, criminal sentencing marks a critical period for convicted defendants. As the final moment before the superior court fashions a punishment, the defendant faces a pivotal opportunity to introduce mitigating evidence, including evidence of mental health challenges, life circumstances, and other facts. Where such evidence is offered, the superior court can properly issue a sentence that aligns with the purposes of punishment or other state policies. But some populations, especially veterans convicted of nonviolent offenses, are exposed to unique stressors that likely affect their culpability. The existing sentencing regime, however, does not guarantee that this mitigating evidence will even …

January 31, 2024, Faculty, Illinois Wesleyan University

2023-2024

No abstract provided.

The Doctrine Of Qualified Immunity And Why It Needs To Be Reformed In Situations Of Jail Suicide, Sasha Glickfield

University of Dayton Law Review

No abstract provided.

Balancing Discretion And Fairness: The Potential Pitfalls Of Allowing Judges Too Much Discretion In Sentencing, Kelly A. Mclaughlin

Missouri Law Review

Nearly eighty percent of individuals in federal prison for drug offenses are Black or Latino. The War on Drugs, a global campaign started by President Nixon, had an objectively moral goal: reducing the illegal drug trade in the United States. However, in reality, the results of the campaign sparked inequalities in sentencing regimes, which has led to a disproportionate incarceration of minority groups. Most notably, there was a 100-to-1 sentencing disparity between crimes involving crack cocaine (crack) and crimes involving powder cocaine. While this distinction historically claimed to address the theory that powder cocaine has more dangerous health effects; it …

Plea Bargaining In Capital Cases Raises Constitutional Issues, Clara Turnage

University of Mississippi News

OXFORD, Miss. – Given the choice between a death sentence and a plea deal, many defendants – innocent or not – choose to plead guilty, even if the cost is life in prison without the option of parole, said William Berry, associate dean for research and Montague Professor of Law at the University of Mississippi School of Law.

Energy Justice And Renewable Rikers, Rebecca Bratspies

University of Miami Law Review

Unsustainable energy practices generate the lion’s share of global carbon emissions as well as staggering levels of deadly particulate pollution. Replacing the current dirty, fossil fuel-based system with affordable, clean energy is both a human rights imperative and a climate change necessity. This transition, which has already begun, creates the opportunity to do things differently. By confronting the structural racism embedded in existing energy structures, we can build a just transition rather than just a transition. This Article uses New York City’s Renewable Rikers project as a case study to explore how we might take advantage of the intersections between …

The Bg News January 31, 2024, Bowling Green State University

BG News (Student Newspaper)

The BGSU campus student newspaper. January 31, 2024. Volume 103-Issue 15.

Tennessee Felon Population Update, February 2024, Tennessee. Department Of Correction.

Felon Population Reports

No abstract provided.

Ukraine, Urban Warfare, And Obstacles To Humanitarian Access: A Predicament Of Public International Law, Harriet Norcross Eppel

BYU Law Review

Humanitarian assistance is not carried out in a vacuum. As urban warfare historically complicates humanitarian aid’s access to civilians in war zones, Ukraine, having suffered and still facing highly publicized violence in civilian-dense areas, has encountered dire obstacles in acquiring necessary resources for civilians’ survival, including both direct and incidental attacks on humanitarian access. Thus, it is vital the international legal community take measures to mitigate current and future dangers of urban warfare, as well as design new solutions, such as strengthening current international law under which obstructing humanitarian access constitutes a violation of jus cogens principles, attempting to induce …

Garrity Immunity And The U.S. Armed Forces, Bretton H. Laudeman, Gabriel J. Chin

BYU Law Review

The U.S. military is one of the nation’s largest and most important public employers. Given the unique nature of military service, the service branches have a strong interest in ensuring the integrity of their ranks. Yet the military lacks a critical force-management tool used by every other public employer to investigate workplace misconduct: the ability to demand answers to potentially incriminating questions under Garrity v. New Jersey, 385 U.S. 493 (1967). The Garrity solution, known as “Garrity immunity,” strikes a critical balance between the government’s interests in workplace oversight and accountability with the employee’s Fifth Amendment right against self-incrimination by …

Biosocial Criminology: Projected Criminal Behaviors Induced By Climate Changes, David Brown Sr.

Walden Dissertations and Doctoral Studies

No abstract provided.

Matrilineality, Water Knowledge And Networks, And The Position Of Women In Rural Tanzania, Ruth Aernout, Sara Dewachter, Nathalie Holvoet

Journal of International Women's Studies

This article reports on a study of the effect of matrilineality on a community’s social fabric in the Morogoro region of Tanzania. We used water information-sharing networks as a proxy for social interaction, with water accessibility, functionality, and quality being highly problematic in the area under study. This is a situation that particularly affects women, who are generally responsible for household water provision yet are excluded from water management institutions. Drawing on network and survey data and focus group discussions, the differences in inter-gender interaction, inclusiveness, and women’s status were explored by comparing a matrilineal and mixed patri-matrilineal community. We …

An Exploratory Approach To College Student Counterproductivity, Reagan L. Marsh, Justin Travis

University of South Carolina Upstate Student Research Journal

Although counterproductivity (e.g., shirking responsibilities or lying to supervisors) is a focal topic for many industrial/organizational psychologists, the broader social psychology literature has historically focused on more serious and uncommon forms of individual-level deviance, often in terms of its relation to criminal activity or psychopathology. Additionally, sociologists study intentional harmful behaviors that individuals engage in but use the term deviance in lieu of counterproductivity. Regarding students, there has been some work that addresses the more common phenomenon of counterproductivity at school, such as lying to teachers and cheating on tests. Nevertheless, each of these domains, in criminal justice, social psychology, …

Considering What Counts: Measuring Poverty, Joel Best

Numeracy

Debates over the appropriate way to measure poverty illustrate the way facts are produced through social processes.