Digital Commons Network^™

Reconciling Domestic Violence Protections And The Second Amendment, Natalie Nanasi

Faculty Journal Articles and Book Chapters

In March of 2023, the Fifth Circuit Court of Appeals held that individuals subject to domestic violence protective orders could not be required to give up their guns. The decision was the first of a federal court to overturn a firearm regulation pursuant to New York State Rifle & Pistol Association v. Bruen, a 2022 Supreme Court opinion that created a new standard for determining the constitutionality of gun restrictions. After Bruen, only laws that are “consistent with this Nation’s historical tradition of firearm regulation” pass constitutional muster.

The Fifth’s Circuit decision in U.S. v. Rahimi, which …

Correcting Federal Rule Of Evidence 404 To Clarify The Inadmissibility Of Character Evidence, Hillel J. Bavli

Faculty Journal Articles and Book Chapters

Courts misinterpret Federal Rule of Evidence 404(b)(2) as an exception to Rule 404(b)(1)’s prohibition on character evidence rather than a mere clarification that emphasizes the permissibility of other-acts evidence whose relevance does not rely on propensity reasoning. This misinterpretation turns the rule against character evidence on its head by effectively replacing Rule 404 with a Rule 403 balancing—and one that incorrectly treats character inferences as probative rather than prejudicial, thereby favoring admissibility rather than exclusion. Consequently, as currently interpreted, Rule 404(b)(2) generates substantial unpredictability and verdicts based on conduct not at issue in a case.

I therefore propose that the …

The Emerging Constitutional Law Of Remote Criminal Justice, Jenia I. Turner

Faculty Journal Articles and Book Chapters

The COVID-19 pandemic compelled courts to experiment with a novel mode of criminal process: conducting proceedings via video. The remote format helped protect public health during the pandemic, and its convenience has led many states to continue using it in certain circumstances. Yet questions about its desirability and constitutionality have lingered, and many are concerned that it undermines the justice and integrity of criminal proceedings. As the future of remote criminal justice is up for debate, it is important to assess to what degree it complies with fundamental constitutional principles. To that end, this Article offers a comprehensive analysis of …

The Difference A Da Makes, Victoria Smiegocki, Shem Vinton, Pamela R. Metzger

Faculty Journal Articles and Book Chapters

During his 2018 campaign to become Dallas County District Attorney, John Creuzot promised to decline prosecution of low-level marijuana misdemeanors. After his election, District Attorney Creuzot (DA Creuzot) honored this campaign promise, issuing policies designed to radically reduce misdemeanor marijuana prosecutions. Analyzing qualitative and quantitative data, the authors describe police enforcement changes associated with the Dallas County District Attorney's Office's (DAO) marijuana prosecution policies. The authors also explore how the DAO's Intake Unit successfully implemented and enforced these marijuana prosecution policies.

The authors show that DA Creuzot's policies were associated with a significant decrease in marijuana misdemeanor arrests and an …

The Emerging Crime Of Persecution Based On Sexual Orientation, Anthony J. Colangelo

Faculty Journal Articles and Book Chapters

This Article argues that persecution based on sexual orientation constitutes a crime against humanity under international law. Unlike other scholarship that has focused on the definition of crimes against humanity in the 1998 Rome Statute for the International Criminal Court—which does not explicitly enumerate “sexual orientation” as a protected classification—this Article looks to customary international law made up by the practices of states.

Diligent research has revealed that between 1998 and 2022, at least 107 states enacted laws or revised existing laws decriminalizing sexual orientation and/or categorizing sexual orientation as a protected classification from discrimination. This is in addition to …

Time And Retribution, Meghan J. Ryan

Faculty Journal Articles and Book Chapters

Time is missing from discussions on the theory of retribution. A colossal body of scholarship has been devoted to exploring the theory of retribution, or 'just deserts," but much less has attempted to translate this theory into practice, explaining how to determine an actual offender's desert in real life. The limited scholarship on this topic touches on who might best assess an offender's desert. For example, should a judge, a juror, or the public itself be making these desert decisions? But there is also a temporal aspect to this decision making that has thus far largely eluded exploration: When should …

Reimagining The Inclusive Jury, Anna Offit

Faculty Journal Articles and Book Chapters

At the height of the COVID-19 pandemic, everyday life for many Americans was upended. And yet, the jury trial remained viable — even vital. Faced with an era-defining public health disaster, courts innovated, embracing novel technologies and techniques to reimagine where and how justice might be made. But why did it take a pandemic to spur this kind of institutional creativity? Prior to the outbreak of COVID-19, people who were otherwise eligible to participate as jurors were routinely — and uncontroversially — struck or exempted from service due to limited mobility, vision and hearing loss, and caregiving responsibilities. Recent experience …

The Devil In The Details: Sex Work Legalization, Sexual Violence, And Moral Subjectivity, Molly Hauf

Departmental Honors Projects

Prostitution legislation has re-emerged in public and academic discourse in recent decades after relative silence on the issue since the mid-twentieth century, spurred by Sweden’s adoption of prostitution decriminalization - the first known legislation criminalizing the buyers of sex (rather than the sellers) to be actualized in legislation. Since then, scholarship examining the population-level effects of such legal changes has found evidence that changes in legislation affect rates of sexual violence, although the causal credibility and generalizability of some of this scholarship is disputed. Additionally, much of the previous scholarship examining this question used relatively small sample sizes that include …

Foreword: Artificially Intelligent Innovation And Justice, Carla L. Reyes

SMU Science and Technology Law Review

No abstract provided.

Rethinking Behavior - Winter 2024, Midwest Symposium For Leadership In Behavior Disorders

ReThinking Behavior Magazine

A magazine for professionals serving children and youth with behavioral needs.

Winter 2024, Volume 7, Issue 2

Neither Here Nor There: Redefining “Presence” For A Virtual Criminal Justice System, Brandon M. Draper

SMU Science and Technology Law Review

The coronavirus (“COVID-19”) pandemic dramatically altered how the criminal justice system operated by adding virtual options to traditionally in-person proceedings. The impact of the criminal justice system’s failure to include virtual jury trials among these options was shocking, but not surprising: jury trial rates across the country dropped close to zero percent and several in-custody defendants died from COVID-19 before a jury could determine their guilt or innocence. After the pandemic, criminal courts across the country made many of these virtual options permanent, but only for non-evidentiary proceedings and other non-jury trial settings. The failure to include criminal jury trials …

Predictors Of Identity Crime Victimization Of Adolescent Youth In Foster Care, John Gyourko, Greg Ridgeway

Department of Social Work - Faculty Scholarship

Identity crimes pose serious risks and challenges for youth in foster care. As young people move through various out-of-home placements and schools, their personal data are often widely disseminated, difficult to secure, and thus vulnerable to theft and misuse. When they transition from foster care to adulthood, identity crime victims with compromised credit histories may be denied loans, employment, and/or housing during the already-precarious period of emerging adulthood. Even though federal law requires state child welfare agencies to conduct annual credit checks for adolescent youth in foster care, little is known about the factors contributing to risk of identity crime …

From Bulwark To Puppet: A Call To Democratize The Archaic Grand Jury, Maris Medina

Public Interest Law Reporter

No abstract provided.

The War On Cannabis, Marla Zappa

Public Interest Law Reporter

Federal legalization of marijuana has the potential to drastically reform the criminal justice system as thousands of Americans face lifelong penalties for simple drug offenses, especially communities of color who are prosecuted at much higher rates compared to white individuals.

Today, possession of marijuana is the leading drug offense for which Americans are arrested.¹ Every year approximately 550,000 individuals are arrested for cannabis offenses, typically possession.² This is because marijuana is the most common illicit drug used in the United States.³ In 2021, over 52.2 million Americans consumed cannabis in some form.⁴ Across the population, marijuana …

Table Of Contents, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.

What A Waste: The Prosecution Of Hazardous Substances Crimes During The Trump Administration, Joshua Ozymy, Ph.D., Melissa Jarrell Ozymy, Ph.D.

Public Interest Law Reporter

The Trump Administration went to great lengths to roll back environmental regulatory and enforcement efforts. Yet, researchers know very little about the impact of the Administration on the criminal prosecution of hazardous substance crimes. This study utilizes content analysis of EPA criminal investigations leading to prosecution during the Trump Era to analyze charging and sentencing patterns and illustrate the greater themes that emerged during this period. Prosecutions are dominated by hazardous waste (48%), pesticide (41%), and lead-based paint (11%) crimes. Results show prosecutors were able to pursue crimes involving significant harm and culpable conduct, while securing over $90 million in …

Coercion, Control, And Criminal Law: Rethinking Accomplice Liability And Duress For Intimate Partner Violence Survivor-Defendants, Rachel Still

Public Interest Law Reporter

No abstract provided.

The Procedural Justice Industrial Complex, Shawn E. Fields

Faculty Scholarship

The singular focus on procedural justice police reform is dangerous. Procedurally just law enforcement encounters provide an empirically proven subjective sense of fairness and legitimacy, while obscuring substantively unjust outcomes emanating from a fundamentally unjust system. The deceptive simplicity of procedural justice – that a polite cop is a lawful cop – promotes a false consciousness among would-be reformers that progress has been made, evokes a false sense of legitimacy divorced from objective indicia of lawfulness or morality, and claims the mantle of “reform” in the process. It is not just that procedural justice is a suboptimal type of reform; …

Cheers For Fourth Circuit Chief Judge Roger Gregory, Carl Tobias

Maryland Law Review Online

No abstract provided.

Mental Health Stigma And Help-Seeking Behaviors Among Eastern Asian/Eastern Asian American College Students And Their Parents: A Mix-Method And Art Therapy Intervention Study, Carmen Tham

Art Therapy | Master's Theses

This mixed-methods study examines perceptions of mental health within the Eastern Asian/Eastern Asian American community through quantitative analysis of the Asian American Value Scale (AAVS) and qualitative examination of Tree of Life artwork, alongside responses from a Mental Health Help-Seeking Interview Guide. Ten Chinese participants, comprising five students and five parents, participated, with varying generational statuses and educational backgrounds. Quantitative findings reveal significant differences in AAVS scores based on generational status and education level, with first/second-generation respondents scoring higher on family recognition through achievement and university-educated respondents scoring higher on conformity to norms. Qualitative analysis identifies common themes of rarity …

Can The Excessive Fines Clause Mitigate The Lfo Crisis? An Assessment Of The Caselaw, Michael O'Hear

Minnesota Law Review Vols. 106:2 onward (2021-present)

The nation’s increasing use of fees, fines, forfeiture, and restitution has resulted in chronic debt burdens for millions of poor and working-class Americans. These legal financial obligations (LFOs) likely entrench racial and socioeconomic divides and contribute to the breakdown of trust in the police and courts in disadvantaged communities. One possible source of restraint on LFOs may be the Excessive Fines Clause of the Eighth Amendment. Largely ignored by courts and commentators for two centuries, the Clause has in recent years been the subject of a burgeoning volume of litigation and scholarship. The U.S. Supreme Court has decided a handful …

Afford To Empower Women? The Effects Of State Capacity On Women’S Rights, Shakiba Bakhtiari

Theses and Dissertations

While the existing literature on women’s rights has extensively studied the effects of international norms and regimes’ strategic choices on advancing women’s rights across time and space, the research on the effects of state capacity on women’s rights promotion has been strikingly limited. In this paper, I argue that the robustness of state institutions is a prerequisite factor for advancing women’s status irrespective of regime type and international incentives. Since high-capacity states possess higher ‘infrastructural power’ to devise complex policies, enforce the laws, and monitor unlawful activities, they are more likely to advance women’s rights and gender equality policies than …

A Quality Improvement Project : Improving Sexually Transmitted Infection Screening, Treatment And Contraceptive Initiation And Continuation In A Carceral Setting, Kirstin Carhart

Doctor of Nursing Practice (DNP)

Screening in the carceral setting for sexually transmitted infections and contraceptive needs is an opportune time to impact the equity health of the adult female in custody as well as public health. The prevalence of undiagnosed chlamydia and gonorrhea infections in a carceral setting is prevalent. Untreated sexually transmitted infections in females may lead to lifelong health implications such as pelvic inflammatory disease, increased risk for ectopic pregnancy, infertility and increased risk of acquiring human immunodeficiency virus. Unintended pregnancy rates among adult females in custody is double the rate of the general population. Multiple research studies have shown that adult …

The Impact Of Measure 110 On Fatal Overdoses, Property And Violent Crime In Oregon, Hannah Mercado

MPA/MPP/MPFM Capstone Projects

In November 2020, the Drug Addiction Treatment and Recovery Act (also known as Measure 110) was passed in Oregon with the purpose to provide access to treatment and recovery services available to anyone who may need to utilize them, while focusing on a health-oriented approach towards substance use disorder (SUD) across the state through the removal of low-level drug possession criminal penalties (Oregon Health Authority, n.d.). Historically, Oregon has consistently had some of the highest rates of substance use in the U.S., making this a pertinent issue which was addressed through the implementation of Measure 110. Citing a critical need …

Breaking Barriers: Examining The Impact Of Special Education Services On Juvenile Justice Involvement, Madison Neale

Law Student Publications

The following article is an exploration of the intersection between special education—namely, the long-repudiated practice of removing children with moderate disabilities from general education classrooms and placing them into “self-contained” classrooms away from their peers—and the involvement of those children in the criminal legal system. The article analyzes the parallels between the “othering” effect of segregating children with disabilities in schools, and the eventual segregation from their communities that they face in juvenile detention facilities. In a juvenile justice system where a disproportionate number of its children have been diagnosed with some form of intellectual or behavioral disability, this article …

Curing Terry's Colorblindness, Ilan Friedmann-Grunstein

Publications

Scholars, policymakers, and advocates have long bemoaned the Supreme Court's colorblind Fourth Amendment jurisprudence. The Court has alternatively ignored or condoned racially discriminatory searches and seizures, allowing government agents to engage in widespread racial profiling. Proposed reforms have typically focused on doctrinal solutions that would limit police discretion or called for the reversal of Terry v. Ohio.

This Article provides a comprehensive doctrinal, regulatory, and legislative solution to racial discrimination in police investigations. It proposes a novel solution: adopting recent jury selection reforms aimed at preventing racism injury selection to combat racial profiling in searches and seizures. Several states, …

Idea Manifestation Determination Review As Restorative Practice, Matt Saleh, Barbara J. Hickman, Angela M. T. Prince, Lawanda H. Cook, Jackie Bickford, Kristie Chu, Erika Kitsantas

Journal of Race, Gender, and Ethnicity

This article examines the Individuals with Disabilities Education Act (IDEA), which guarantees students with disabilities access to a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE). The IDEA aims to provide equal educational opportunities for students with disabilities, addressing inequitable exclusions from public schools. Despite its protections, including procedural safeguards like the Manifestation Determination Review (MDR), which prevents unjust removal due to disciplinary actions, students with disabilities remain disproportionately affected by suspensions, expulsions, and arrests, with these disparities exacerbated by race, poverty, and other intersectional factors. The essay highlights compliance concerns with the MDR, particularly its inconsistent …

The Effects Of Forgetting And Disclosure On Mock Jurors' Perceptions Of An Alleged Rape, Johnathan Meier

Graduate Theses, Dissertations, and Problem Reports (ETD)

Memory recall and forgetting is a complex process. Memories can be completely forgotten (e.g., Ebbinghaus, 1885/1964; Murre, 2015) or repressed and recovered at a later time (e.g., Key et al., 1996; Foster-Lee et al., 1999). Instances of sexual assault may be disclosed to a close acquaintance or medical professional at the time of the event or kept secret until the time of reporting to authorities (e.g., Pica et al., 2020a). In the current study, mock jurors’ perceptions of credibility and guilt, as well as the amount of compensation awarded to the plaintiff, will be assessed in response to testimony depicting …

Exploring Police K-9 Deaths, Their Causes, And Possible Remedies, John Wise

College of Graduate Studies: Theses & Dissertations

Police K-9s face daily dangers due to their work. Data collected by the Officer Down Memorial Page from 2000-2023 on K-9 deaths (N = 405) shows that of K-9s that die in the line of duty, many fall victim to heat stroke. Research was conducted comparing heat stroke to all other causes of death. Through an exploration into the history of mankind’s use of working dogs, the unique capabilities of both dogs and K-9 specific dog breeds and applying Routine Activity Theory and Lifestyle Routine Activity Theory to police K-9s, this study’s objective is to bring awareness to, and …

Mandatory Sentences As Strict Liability, William W. Berry Iii

Washington and Lee Law Review

Strict liability crimes—crimes that do not require a criminal intent—are outliers in the world of criminal law. Disregarding criminal intent risks treating the blameworthy the same as the blameless.

In a different galaxy far, far away, mandatory sentences—sentences automatically imposed upon a criminal conviction—are unconstitutional in certain contexts for the exact same reason. Mandatory death sentences risk treating those who do not deserve death the same as those that might.

Two completely separate contexts, two parallel rules of law. Yet courts and commentators have failed to see the similarities between these two worlds, leaving an analytical black hole. Indeed, equity …