Digital Commons Network^™

Criminal Justice Update - June 2023, Michael Klatt

Criminal Justice Updates

The Criminal Justice Update is a monthly newsletter created by the Adams County Bar Foundation Fellow providing updates in criminal justice policy coming from Pennsylvania's courts and legislature as well as the US Supreme Court.

Contents:

• Updates from PA Governor's Office (no updates this month)
• Updates from the PA Legislature
• Updates from the Courts
• U.S. Supreme Court
• PA Supreme Court
• PA Superior Court

2023 Summer - Schedule Of Classes, Office Of The Registrar, East Tennessee State University

Registration Resources

No abstract provided.

The Unique Promise Of The Alaska Constitution: The Right To Rehabilitation, Adam Beyer

Alaska Law Review

The Alaska Constitution creates a unique promise for those convicted of crimes. In Abraham v. State, the Alaska Supreme Court held that article I, § 12 grants offenders a "right to rehabilitation." Such a right is uncommon; few states, if they have similar protections at all, have labeled it a right. In the years since Abraham, the Court has occasionally addressed claims invoking the right, making clear that its decision was not an aberration. The court's most thorough examination of the right occurred this term in Department of Corrections v. Stefano. This article seeks to examine and clarify …

Collaborative Governance Dalam Pencegahan Peredaran Narkoba Di Indonesia, Riqi Samsurizal, Pangeran Baron, Tony Probo

Jurnal Kajian Stratejik Ketahanan Nasional

Penggunaan narkoba di Indonesia cukup tinggi hal ini dipengaruhi oleh pasar obat dunia. Secara global, peredaran narkoba dikendalikan oleh tiga jaringan sindikat internasional, yakni Golden Peacock, Golden Crescent, dan Golden Triangel. Hal ini menjadi tantangan bagi pemerintah Indonesia untuk memerangi narkoba. Penelitian ini menggunakan pendekatan deskriptif kualitatif, berorientasi pada fenomena atau gejala alam. Informan dipilih dengan menggunakan Purposive sampling yaitu sasaran individu sesuai dengan karakteristik yang diinginkan penulis dengan informan primer adalah representasi institusi dan data sekunder berupa sumber dokumen atau informasi. Sedangkan jalur peredaran narkotika di Indonesia terdiri dari 3 jalur yaitu jalur darat, laut dan udara, dimana diperkirakan …

A Lack Of Uniformity, Compounded, In Immigration Law, Jill E. Family

Notre Dame Law Review

The Administrative Procedure Act (APA) is known for bringing standardization to federal agency behavior. The APA’s framework for adjudication, however, is lax and incomplete. It provides standards, but only meaningfully for formal adjudication, and Congress rarely requires agencies to follow the APA’s formal adjudication procedures. The APA, therefore, expressly allows for nonuniform adjudication in that it requires little of the informal adjudication category that makes up the lion’s share of agency adjudication.

This lack of uniformity in adjudication is prominent in immigration law. When federal agencies adjudicate whether to remove (deport) an individual from the United States, those agencies act …

Jane Crow Constitutionalism, Evan D. Bernick

College of Law Faculty Publications

On June 24, 2022 The United States Supreme Court issued its decision on Dobbs v. Jackson Women’s Health Organization; overturning Roe v. Wade, and destroying fifty years of precedent to protect the constitutional right to abortion in the United States. This overturning sets a dangerous, new precedent that reinforces the State’s control of reproduction, and criminalizes a woman’s right to choose, with very few exceptions. In states like Mississippi, Black women are already experiencing the highest rates of maternal mortality, incarceration, and poverty.

This article posits that Dobbs operates to maintain a racialized and gendered underclass, and names this phenomenon …

"More Than Numbers": Empirical Evidence Of An Innovation Approach To Admissions, Anahid Gharakhanian, Natalie Rodriquez, Elizabeth A. Anderson

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

“I am proof that your LSAT score does not define you; law schools need to understand that every student’s lived experience is unique. Thanks to Southwestern’s admissions process I was able to show that I’m more than the numbers on my application.” This third-year law student was admitted to Southwestern Law School and went on to place in the top twenty percent after her first year following an admissions waitlist interview, based on Southwestern’s first-of-its-kind empirically based approach that utilizes factors beyond the typical numerical indicators—in particular, the Law School Admission Test—that drive admissions decisions and limit access to law …

Rebraiding Frayed Sweetgrass For Niijaansinaanik: Understanding Canadian Indigenous Child Welfare Issues As International Atrocity Crimes, Alyssa Couchie

Michigan Journal of International Law

The unearthing of the remains of Indigenous children on the sites of former Indian Residential Schools (“IRS”) in Canada has focused greater attention on anti-Indigenous atrocity violence in the country. While such increased attention, combined with recent efforts at redressing associated harms, represents a step forward in terms of recognizing and addressing the harms caused to Indigenous peoples through the settler-colonial process in Canada, this note expresses concern that the dominant framings of anti-Indigenous atrocity violence remain myopically focused on an overly narrow subset of harms and forms of violence, especially those committed at IRSs. It does so by utilizing …

Vol. 100, No. 4: Full Issue, Denver Law Review

Denver Law Review

No abstract provided.

Eviction To Placement: Rethinking The Current Supportive Housing Systems For Hidden Homeless Families, Fang-Min Liou

Masters Theses

This thesis focuses on repurposing unoccupied office space into affordable housing systems tailored to meet the unique needs of homeless families. Families with children make up 36 percent of the homeless population overall and children’s homelessness status is almost always “hidden." Architecture and design can play a vital role in addressing social inequity by creating improved living environments for the houseless community through adaptive reuse of underutilized space situated within dense urban areas with the greatest access to resources to support these families, evoke feelings of comfort, security, and hope.

The following thesis accommodates three basic needs of homeless families: …

Quantifying The Moderating Effect Of Servant Leadership Between Occupational Stress And Employee In-Role And Extra-Role Performance, Rizwana Rasheed, Aamir Rashid, Noor Aina Amirah, Asyraf Afthanorhan

Publications and Research

The study examined the effects of occupational stress on employees’ performance and extra-role performance (OCB), moderated by the servant leadership of the supervisor. Many studies have indicated that servant leadership significantly impacts employee work-related behavior. Therefore, we aimed to examine the role of occupational; stress in the context of Pakistan's public and private sectors. A multi-source cross-sectional field survey was conducted, including a diverse sample (N = 286 paired responses). The study applied SPSS (22.0) to complete the analysis, revealing that stress drastically affects employees' performance and (OCB). Main and moderated regression analysis indicated that the inverse relationship between stress …

Uni Political Science Newsletter, V18, 2022-23, University Of Northern Iowa. Department Of Political Science.

Political Science Newsletter

Contents:

Making Democracy Work --- 1
Vajpeyi Fellowship --- 3
Undergraduate Research --- 3
Women in Politics Scholarship Event --- 4
Civic Education --- 5
Panthers Vote --- 6
Model United Nations --- 6
You're Next --- 7
Faculty Updates --- 9
Congratulations 2022-23 Graduates --- 11
Graduate Profiles --- 12
Pi Sigma Alpha Inductees --- 13
Awards & Honors --- 13

Parens Patriae After The Pandemic, Meredith Johnson Harbach

North Carolina Law Review

No abstract provided.

Understanding And Applying Sar To Ideological And Nation- State-Sponsored Cybercrimes, Thomas J. Holt, Steve Chermak, Joshua D. Freilich, Emily Greene-Colozzi, National Counterterrorism Innovation, Technology, And Education Center

Reports, Projects, and Research

The use of computer hacking, malicious software, and other forms of cyberattacks against U.S. infrastructure has increased dramatically since the 1990s. Many of these attacks target corporations and individuals for instrumental economic gain, such as the theft of personal information for use in fraud. Ideologically motivated attacks also occur, though the degree to which they are understood or documented is generally limited. For instance, jihadi groups have expressed an interest in cyberattacks since the early 2000s (see Holt et al., 2022). Similarly, DHS (2009) noted in the late 2000s that they expected cyberattacks from environmental or animal liberation-focused groups to …

Facilitating Suspicious Activity Reporting At The Community Level, Karyn Sporer, Brooke Buxton

Reports, Projects, and Research

The purpose of this report was to identify how the Department of Homeland Security (DHS) and other law enforcement agencies can leverage community partnerships to help counter targeted violence and to provide actionable insights on what technological, social, and financial barriers exist for families of extremists in reporting suspicious activities.

Stephen’S Prudent Person And The Standard Of Proof In Indian Evidence Act Jurisdictions, Siyuan Chen

Singapore Law Journal (Lexicon)

Sir James Fitzjames Stephen’s Indian Evidence Act of 1872 remains on the statute books of many Commonwealth jurisdictions. The contents of the statute have also remained largely intact. Unsurprisingly, then, there has been a growing chasm between what the statute provides for and how the common law rules on evidence have developed. However, the statute’s treatment of the concept of standard of proof has arguably been more sophisticated than what the courts have given credit for. In this article, it is argued that a return to the statute’s original conception of standard of proof will go some way in alleviating …

Valedictory Reference In Honour Of Justice Andrew Phang: Compilation Of Valedictory Addresses For Justice Andrew Phang, Hon. Sundaresh Menon, Indranee Rajah, Lucien Wong, Hon. Yihan Goh, Adrian Tan, Davinder Singh, Scott Tan, Hon. Andrew Phang

Singapore Law Journal (Lexicon)

On 15 December 2022, Justice Andrew Phang retired from the Supreme Court Bench. To pay tribute to Justice Phang’s 18 years of service, a Valedictory Reference was convened on 28 November 2022. The following is a collection of speeches delivered at the event by distinguished members of the Bar – a fitting tribute to celebrate Justice Phang’s outstanding contributions to local jurisprudence and legal scholarship, and the indelible mark he left on the lives of those around him.

Fact-Finding Without Rules: Habermas's Communicative Rationality As A Framework For Judicial Assessments Of Digital Open-Source Information, Matthew Gillett

Michigan Journal of International Law

Jürgen Habermas’s theory of “communicative rationality” (also known as “communicative action”) provides a promising conceptual apparatus through which to justify and validate the International Criminal Court’s consideration of the emerging phenomenon of digital open-source information. Because of its process-based and inclusive qualities, Habermas’s communicative rationality is particularly apposite for the dynamic nature of digital open-source information and the heterogenous range of actors and institutions which have relevant experiences and skills to contribute to the generation of norms and determinations regarding its role before the Court. This is important, as the International Criminal Court’s procedural framework is largely silent on digital …

Criminal Law—Federal Conspiracy Law—Changing The Withdrawal Standard For Members Of A Conspiracy, Matthew N. Rose

University of Arkansas at Little Rock Law Review

No abstract provided.

Depoliticizing Federal Prosecution, Bruce A. Green

Denver Law Review

There is broad agreement that federal prosecutors should not use their power to pursue partisan political objectives, but there is stark disagreement about how to prevent them from abusing their power in this way. Geoffrey Berman, a former U.S. Attorney for the Southern District of New York, recently argued that U.S. Attorneys should have complete autonomy and independence from the Attorney General and administration. Attorney General Bill Barr, in contrast, has insisted that Attorneys General should have full control over prosecutors so the administration can be held politically accountable. Neither view fully addresses the problem. Barr minimizes the significant risk …

Terrible Freedom, Ambiguous Authenticity, And The Pragmatism Of The Endangered: Why Free Speech In Law School Gets Complicated, Len Niehoff

Hofstra Law Review

The article explores the complexities surrounding free speech in law schools, highlighting the challenges and controversies that arise in relation to guest speakers, student protests, student group agendas, faculty expression, and speech on student listservs. The author argues that understanding the dynamics of free speech in law schools requires considering factors such as the nature of private law schools, the suspension of authenticity, and the diverse life experiences of students.

Standing Back And Standing Down: Citizen Non-Cooperation And Police Non-Intervention As Causes Of Justice Failures And Crime, Paul H. Robinson, Jeffrey Seaman, Muhammad Sarahne

Hofstra Law Review

The article discusses the failures of the American justice system to find and punish offenders for the majority of serious crimes. It highlight the low clearance and conviction rates for crimes such as murder, rape, and assault. It further argues that these failures of justice have practical consequences on crime rates and also disproportionately affect racial minorities and low-income communities.

#Metoo In Prison, Jenny-Brooke Condon

Washington Law Review

For American women and nonbinary people held in women’s prisons, sexual violence by state actors is, and has always been, part of imprisonment. For centuries within American women’s prisons, state actors have assaulted, traumatized, and subordinated the vulnerable people held there. Twenty years after passage of the Prison Rape Elimination Act (PREA), women who are incarcerated still face shocking levels of sexual abuse, harassment, and violence notwithstanding the law and policies that purport to address this harm. These conditions often persist despite officer firings, criminal prosecutions, and civil liability, and remain prevalent even during a #MeToo era that beckons greater …

Litigating Innocence: Why Systemic Reforms Are Needed To Exonerate Innocent, Pro Se Individuals, Bailey Martin

Minnesota Journal of Law & Inequality

No abstract provided.

Factors Associated With The Life Satisfaction Of Gay And Bisexual Men And Their Variation By Race, Robert G. Considine

Dissertations, Theses, and Capstone Projects

Although the literature is replete with evidence showing that gay and bisexual men experience higher rates of negative outcomes than their heterosexual counterparts, the literature exploring the well-being of this population is limited. Life satisfaction is a key aspect of well-being. There has been little research on the factors influencing life satisfaction for gay and bisexual men. Additionally, how these factors may vary by race for this population remains understudied. This gap in our knowledge impedes the ability of social workers to support gay and bisexual men in increasing life satisfaction. In addition, knowledge of how these factors vary by …

Ready. Aim. Fire! The Eleventh Circuit Takes Its Shot At The Second Amendment’S Application To Illegal Aliens, Elizabeth Mcdaniel

Mercer Law Review

The United States Court of Appeals for the Eleventh Circuit was faced with a constitutional question involving the People and the Second Amendment of the Constitution in United States v. Jimenez-Shilon. The issue was whether 18 U.S.C. § 922(g)(5)(A), (the Statute) which prohibits illegal aliens from possessing firearms, violates the Second Amendment. Relying on the historical context of the Constitution and prior Supreme Court caselaw concerning the Second Amendment, the Eleventh Circuit held it does not. While this case was one of first impression in the Eleventh Circuit, the constitutionality of the Statute has now been litigated in nine …

The Fourth Amendment Without Police, Shawn E. Fields

University of Chicago Law Review

What role will the Fourth Amendment play in a world without police? As academics, activists, and lawmakers explore alternatives to traditional law enforcement, it bears asking whether the amendment primarily tasked with regulating police investigations would also regulate postpolice public safety agencies. Surprisingly, the answer is often no. Courts are reluctant to recognize protections from government searches or seizures outside criminal investigations, and they are even more reluctant to require probable cause or a warrant for such conduct. Thus, by removing most public safety functions outside the criminal sphere, abolitionists also move intrusive government conduct outside these traditional strictures and …

Latinas In The Legal Academy: Progress And Promise, Raquel E. Aldana, Emile Loza De Siles, Solangel Maldonado, Rachel F. Moran

Faculty Scholarship

The 2022 Inaugural Graciela Oliva ́rez Latinas in the Legal Academy (“GO LILA”) Workshop convened seventy-four outstanding and powerful Latina law professors and professional legal educators (collectively, “Latinas in the legal academy,” or “LILAs”) to document and celebrate our individual and collective journeys and to grow stronger together. In this essay, we, four of the Latina law professors who helped to co-found the GO LILA Workshop, share what we learned about and from each other. We invite other LILAs to join our community and share their stories and journeys. We hope that the data and lessons that we share can …

How To Alleviate The Repercussions Of Wrongful Convictions: Holistically Righting The Wrongs Of Inadequate Compensation Statutes, Marissa Cohen

Cardozo Law Review

No abstract provided.

Dark Clouds Looming: The Uncertain Safety Of Welfare Benefits For Probationers And Parolees, Anthony M. Whalen

Missouri Law Review

How much is thirty dollars per month worth to the average American? For many, it is not much—it can be the cost of a streaming subscription or a ticket to a baseball game. For others, however, thirty dollars is the cost of freedom from incarceration. In January 2019, Randall Graves failed to meet the conditions of his probation, which required that he pay a monthly intervention fee of thirty dollars to the Department of Corrections instead of serving his six-year prison sentence. To some, thirty dollars may not be worth much, but to Graves, it was a metric of freedom.