Digital Commons Network^™

The Second Founding And Self-Incrimination, William M. Carter Jr.

Northwestern University Law Review

The privilege against self-incrimination is one of the most fundamental constitutional rights. Protection against coerced or involuntary self-incrimination safeguards individual dignity and autonomy, preserves the nature of our adversary system of justice, helps to deter abusive police practices, and enhances the likelihood that confessions will be truthful and reliable. Rooted in the common law, the privilege against self-incrimination is guaranteed by the Fifth Amendment’s Self-Incrimination and Due Process Clauses. Although the Supreme Court’s self-incrimination cases have examined the privilege’s historical roots in British and early American common law, the Court’s jurisprudence has overlooked an important source of historical evidence: the …

Hung Out To Try: A Rule 29 Revision To Stop Hung Jury Retrials, Elijah N. Gelman

Northwestern University Law Review

How many times can a defendant be retried? For those facing hung jury retrials, it’s as many times as the government pleases. Double jeopardy prohibitions do not apply when juries fail to reach a verdict.

There is, theoretically, a built-in procedural solution to stop the government from endlessly retrying defendants. Rule 29 of the Federal Rules of Criminal Procedure allows judges to acquit defendants when “the evidence is insufficient to sustain a conviction.” Considering that a hung jury indicates the jurors could not agree on the sufficiency of the evidence, defendants facing hung jury retrials are prime candidates for this …

Sentence Served And No Place To Go: An Eighth Amendment Analysis Of "Dead Time" Incarceration, Christopher B. Scheren

Northwestern University Law Review

Although the state typically releases incarcerated people to reintegrate into society after completing their terms, indigent people convicted of sex offenses in Illinois and New York have been forced to remain behind bars for months, or even years, past their scheduled release dates. A wide range of residency restrictions limit the ability of people convicted of sex offenses to live near schools and other public areas. Few addresses are available for them, especially in high-density cities such as Chicago or New York City, where schools and other public locations are especially difficult to avoid. At the intersection of sex offenses …

A Case For Better Monitoring And Preventing Hate Crimes In The United States, Madhawa Palihapitiya, Muhammed M. Hasan, Kelsey Edmond, Jack T. Sherman, Kathryn Butterworth, Karina Zeferino

Center for Peace, Democracy and Development Publications

This report is a joint publication of the Center for Peace, Democracy, and Development (CPDD) through its conflict early warning arm, the Conflict Early Warning Analytics Program (CEWAP) and the TRUST Network (TN), which is the first conflict early warning system in the United States. CEWAP is the conflict early warning analytical hub of the TRUST Network. Together, CEWAP and the TRUST Network aim to expand the utilization of authentic community-based conflict early warning and early response through practice, research, technology development, training, and community empowerment.

This report focuses on hate crimes, hate groups and their connection to domestic extremism, …

Englishusa - Full Issue V9

EnglishUSA Journal

No abstract provided.

The Purposes Of First-Year Course Syllabi According To Corpus Data, Mark Makino

EnglishUSA Journal

No abstract provided.

When Fines Don't Go Far Enough: The Failure Of Prison Settlements And Proposals For More Effective Enforcement Methods, Tori Collins

Maine Law Review

The Eighth Amendment’s Punishments Clause provides the basis on which prisoners may bring suit alleging unconstitutional conditions of confinement. Only a small number of these suits are successful. The suits that do survive typically end in a settlement in which prison authorities agree to address the unconstitutional conditions. However, settlements such as these are easily flouted for two primary reasons: prison authorities are not personally held liable when settlements are broken, and prisoners largely lack the political and practical leverage to self-advocate beyond the courtroom. Because of this, unconstitutional prison conditions may linger for years after prison authorities have agreed …

The Case For Second Chances: A Pathway To Decarceration In Maine, Catherine Besteman, Leo Hylton

Maine Law Review

The Article argues that Maine incarcerates too many people, for too long, for too many things, at too great of an expense. We offer evidence to support this claim, briefly review some of the criminal legal legislation that shaped our present reality, and show how recent efforts at reform have been, at best, only modestly successful. In concert with a growing number of expert voices across the country calling for strategies of decarceration, our goal is to demonstrate the need for second chance legislation in Maine in the form of the reinstatement of parole, an effective clemency process, a far-reaching …

Power V. Power: Federal Pattern-Or-Practice Enforcement Actions Applied To Local Prosecutors, Thomas P. Hogan

Maine Law Review

One of the most powerful tools available to the United States Department of Justice (DOJ) to stop abuses in the criminal justice system is the federal pattern-or-practice statute, which allows DOJ to bring an enforcement action to prevent discriminatory conduct by government agencies. The most powerful actor in the criminal justice system is the district attorney, the local prosecutor who is at the center of the system. Does DOJ’s pattern-or-practice enforcement authority extend to local prosecutors? This crucial question remains unresolved in formal precedent and has not been addressed in the relevant literature. This Article explores the issue in detail, …

The Use And Abuse Of Tradition: A Comment On Degirolami’S Traditionalism Rising, Andrew Koppelman

The Journal of Contemporary Legal Issues

Marc DeGirolami’s essay, Traditionalism Rising, argues that the Supreme Court is now deploying what he calls “traditionalist methodology” to decide cases, and that when it cites tradition it is following a “larger, longstanding interpretive method.”

The paper is a valuable contribution that documents an important trend. The Court is in fact invoking tradition with remarkable frequency. But it is a mistake to call what the Court is doing a single “methodology.” Tradition is relevant in different ways in different contexts. It is confusing to conflate them.

The Effects Of Police Officer Education And Academy Training Methods On Fair Decision Making, Benjamin Chapman

Research Papers

No abstract provided.

Vol.51 N.26 January 18th 2024, Voice Media Ventures

Black Voice News

No abstract provided.

The Hiv/Aids Epidemic In Miami: Perspectives Of Stakeholders And Frontline Providers, Tracy Pugh, Carrigan L. Parish, Pedro C. Castellon, Allan Rodriguez, Michael A. Kolber, Lisa R. Metsch

Florida Public Health Review

Background: Miami, Florida persists as an epicenter of HIV/AIDS nationally and has been more delayed than other areas with high HIV burden in implementing public health measures that mitigate transmission risk. These issues among other social and structural-level determinants have complicated progress in addressing HIV/AIDS in Miami.

Purpose: The stagnated progress in improving HIV outcomes in Miami necessitated a more comprehensive understanding of the experiences and insights of stakeholders within the system. We used a stakeholder analysis approach to understand the complexity of driving factors and key challenges facing this HIV epidemic.

Methods: A stakeholder analysis was conducted …

Global Criminal Justice Practices And Public Safety, Rachel Hwang

Posters-at-the-Capitol

Popular political discourse in the U.S. assumes that more funding for law enforcement and prison facilities will make civilians safer, presumably by reducing crime and sense of disorder. However, studies have shown that the relationship between these factors may not be as straightforward. With the killing of George Floyd and increased media coverage of police brutality, existing literature focuses mainly on the relationship between police and crime in the U.S. The impact of incarceration (the result of procedural justice) on the community (for whom procedural justice exists) is less known, especially on a global scale. We argue that cycling people …

Mountain (Grand) Mamas: Grandparents Raising Grandchildren During The Opioid Epidemic In Appalachian America And Their Portrayal In Media, Rosemary P. Kelley

Posters-at-the-Capitol

Deep within the hills of Appalachia grandparents are stepping into the familiar role of parenting as many have become the primary caregivers for their grandchildren. These grandparent-headed households (GHHs), a form of kinship care, have increased largely in response to the opioid epidemic that has ravaged the region; children are often left in the care of grandparents as parents experience substance use disorders and, in turn, incarceration. According to the US Census Bureau, over seven million grandparents live with their own grandchildren; over 32 percent of which serve as caregivers and are responsible for these children. The impact of kinship …

11 Trends In Philanthropy For 2024, Dorothy A. Johnson Center For Philanthropy At Grand Valley State University

Research, Reports, and Publications

When we think of “trends” in our everyday lives, we typically think of concrete things we can see, hear, or even eat. Popular songs, or brand names — the ubiquitous appetizer, the meme we can’t escape.

Over eight years of producing 11 Trends in Philanthropy, the Dorothy A. Johnson Center for Philanthropy has most often taken this approach to our annual review of the sector, as well. Our team has combed the landscape of nonprofits and foundations for the most visible signs of a trend — the increased grant dollars, the emerging networks, familiar voices speaking up.

This year’s trends …

With Thousands Of Incarcerated Students Enrolled In Higher Education, How Do We Measure Success?, Emily Doebler, Aaron Yore-Vanoosterhout

Research, Reports, and Publications

No abstract provided.

Winona State University Academics Blog: 2011-2024, Winona State University

Winona State University Blogs

The Winona State University (WSU) Academic Blog inlcudes articles and entries from May 2011- January 2024. Note: there may be format coding in the document.

The Uneven Legal Geographies Of Nutrition Entitlement Programs In The United States. Realizing Or Hindering The Right To Food?, Joshua Lohnes, Mackenzie Steele

University of Miami International and Comparative Law Review

Unlike many countries across the world, the United States government does not formally recognize the Right to Food in law. However, it funds and administers nutrition entitlement programs that play a significant role in mitigating hunger and food insecurity across the country. Reflecting on the socio-political dynamics that shape the legal spaces of nutrition entitlement in different places, this Article explores the uneven geographies of the Right to Food in two other countries (South Africa and Ecuador) and then turns its focus to the United States. This Article offers an overview of the two most extensive nutrition entitlement programs (SNAP …

Food, Housing, And Racial Justice Symposium, Denisse Córdova Montes, Tamar Ezer, Photini Kamvisseli Suarez, Katherine Murray, Julian Seethal, Mackenzie Steele, Sarah Walters

University of Miami International and Comparative Law Review

No abstract provided.

State Of Utah Plaintiff/ Appellee V. Alan Dudley Hamberlin Defendant/ Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Sixth Judicial District Court, Kane County, Honorable Mandy Larsen, District Court No. 211600067

Sean Reyes, Counsel for Appellee

Freyja Johnson, Rachel Phillips Ainscough, Counsel for Appellant

Legislative Response To The Rapid Growth Of Chartiable Bail Organizations, Casey Mosley

Tennessee Journal of Law and Policy

No abstract provided.

Jay-Customer Behavior's Influence On Job Stress And Customer Orientation: Perceived Organizational Support's Moderating Effect, Li Mei Liu, Seong Ho Lee, Jin Choi

Asia Marketing Journal

The study aimed to analyze jay-customer behavior's impact on service industry employees' job stress to understand the importance of personnel management. Additionally, it aimed to identify strategies for managing job stress by examining perceived organizational support's moderating effects. The results show that the subdimensions of jay-customer behavior (i.e., verbal aggression, physical aggression, and sexual harassment) positively influenced employees' job stress. Second, job stress acts as a mediator between customer verbal and physical aggression and customer orientation, but not between customer sexual harassment and customer orientation. Third, organizational support had a moderating effect on the association between customer verbal aggression and …

Eng 2706g-001 Latin American And Latinx Literatures, Bobby Martinez

Spring 2024

No abstract provided.

Eng 3001-001 Advanced Composition, Bobby Martinez

Spring 2024

No abstract provided.

Eng 3809-001 Contemporary British And Anglophone Literatures, Bobby Martinez

Spring 2024

No abstract provided.

Chief Diversity Officers And The Process Of Culture Change Within Higher Education Professional Staff Units: A Qualitative Study On Cdo-Led Learning & Development Efforts, Amarildo "Lilu" Barbosa

Educational Studies Dissertations

Professional standards of practice for Chief Diversity Officers (CDOs) urge them to enhance institutional functions while leveraging education to build institutional capacity, but CDOs experience varying outcomes in their work. The current literature is limited with respect to how CDOs facilitate diversity learning and development experiences for professional staff in higher education. Adult learning theory argues for the implementation of intentional practices intended to drive developmental learning for adults: contextualizing the educational experience for learners, designing and delivering learning experiences that center the learner, and using assessment to provide relevant learning experiences that meet learner needs. However, it is not …

Epidemiological Pattern Of Rape Cases Managed At A Regional Hospital In South Africa, Chika K. Egenasi, Matthew A. Benedict, Anthonio Oladele Adefuye, Lynda U. Madu

Faculty and Staff Publications

Background: South Africa has one of the highest incidences of rape globally. Understanding the epidemiological pattern of rape is needed to inform the design of effective intervention programmes for rape prevention and management of alleged rape cases.

Aims: To investigate important epidemiological patterns associated with rape in Kimberly, Northern Cape Province, South Africa.

Setting: The Robert Mangaliso Sobukwe Hospital (RMSH) forensic unit.

Methods: A descriptive, retrospective cross-sectional clinical audit of rape cases.

Results: The majority (93.3%) of the alleged rape victims were women, with a mean age (SD) of 21.6 years (11.3); the male population made up 6.7% of the …

Graying Incarcerated Persons And Education Programs In Nigerian Correctional Centre, Ijeoma B. Uche Phd, Agnes E. Okafor Phd, Okala A. Uche Phd *Corresponding Author

Journal of Prison Education Research

Correctional education programs are rehabilitation programs designed for incarcerated persons in Nigerian correctional institutions. However, getting the graying incarcerated persons to participate in education programs becomes quite challenging. This study investigates graying incarcerated persons and education programs in one correctional centre. Data were collected qualitatively from fifteen (15) incarcerated individuals aged 60 years and above using semi-structured interviews. Thematic analysis was employed in analyzing the data generated for the study. Findings show that there are no available education programs for graying incarcerated individuals. The study also revealed that designing education programs in such a way that it will accommodate the …

Planning Report For The University Of Washington Center On Intimate Partner Violence Research, Policy And Practice, Mary A. Kernic, Avanti Adhia, Anna E. Bender, Natalie Dolci, Alice M. Ellyson, Mary Fan, V. Kalei Kanuha, Jennifer Piel, Dana Raigrodski, Ali Rowhani-Rahbar, Kiana Swearingen, Denise Walker, Carolyn West

Articles

This report is respectfully submitted to fulfill the legislative mandate pursuant to Section 602 of Engrossed Second Substitute House Bill 1715 (2023) to generate a plan for the establishment of a University of Washington (UW) center on intimate partner violence (IPV) research, policy and practice. The goals of the center are to conduct IPV research, widely disseminate evidence-based and other high quality research to best inform policy and practice-based efforts in IPV prevention and harm reduction, and to ensure these efforts are informed and responsive to the needs of survivors and others impacted by IPV in Washington State.