Digital Commons Network^™

A Juror’S Religious Freedom Bill Of Rights, Antony Barone Kolenc

BYU Law Review

The prosecution of Democrat Congresswoman Corrine Brown for campaign corruption was perhaps the most significant and dramatic political trial ever to hit Northeast Florida—and that was before the Holy Spirit showed up and spoke to Juror 13 during deliberations. The Brown case is the springboard for the article’s focus on a juror’s right to religious liberty, one of the nation’s most precious constitutional rights. The Article addresses first principles behind the process of jury selection in the United States, as well as the importance and safeguarding of religious liberty in the U.S. Constitution. It then proposes six tenets to be …

Walls Or Bridges: Law’S Role In Conflicts Over Religion And Equal Treatment, Martha Minow

BYU Law Review

Presented as the Bruce C. Hafen Lecture, Brigham Young University Law School January 18, 2023

“[D]o you see religion as a club or do you see religion as a path? Do you see it as a wall that separates you or do you see it as a bridge that connects you to God and other people?

— Keith Ellison1

Developing Your 3 E'S: Engage, Elevate And Expand Your Student Ambassador Program, Samantha Giordano

Faculty and Staff Publications & Presentations

No abstract provided.

Adolescent Brain Development: Research, Law, And Policy For Consideration In Immigration Proceedings, Sarah J. Diaz Jd, Llm, Peggy Frazier, Xiaorong Jajah Wu

Center for the Human Rights of Children

No abstract provided.

Commencement Exercises Roger Williams University Class Of 2023, Roger Williams University, Roger Williams University School Of Law

School of Law Commencement (1996- )

No abstract provided.

Law Without Order, Then Too Much Order, Then Not Enough?, Ronald Weich

All Faculty Scholarship

No abstract provided.

The Relationship Between Sexting Behaviors And Image-Based Sexual Abuse (Ibsa): Does Sexting Predict Ibsa?, Seunghye Yang

Student Theses

With development of technology, Image-Based Sexual Abuse (IBSA), a new type of sexual abuse, has emerged. It is defined as nonconsensually creating nude or sexual images of others; nonconsensually distributing nude or sexual images of others; and threatening to distribute nude or sexual images of others (Henry & Flynn, 2019; Powell et al., 2019). As this is a relatively new phenomenon, risk factors for IBSA are not yet well understood. It has been suggested that sexting may be a risk factor for IBSA as the two behaviors share some common characteristics. For example, both sexting and IBSA involve sending or …

Afghanistan, Neo-Taliban And The Possibility Of Terrorism Escasion In Indonesia From A National Security Perspective, Ardianto Bayu Wibowo

Journal Of Middle East and Islamic Studies

This study aims to analyze Neo-Taliban changes in controlling Afghanistan and interpret the perception of the Neo-Taliban victory that can trigger the rise of terror acts in Indonesia, as well as clarify the anticipation of the rise of terror acts over the euphoria of the Taliban victory in Afghanistan from a national security perspective. Ethnography is used as a method in this study to explore the phenomenon of terrorism which was inspired by the victory of the Taliban in Afghanistan. The results of the study show that Neo-Taliban changes that are considered rulers in Afghanistan are not due to an …

The Punitive Laboratory Of Neoliberalism: A Cross-National Examination, Beth A. Fera

Dissertations, Theses, and Capstone Projects

A large body of research has been produced to explain global punitive trends in recent decades. Neoliberalism, an economic philosophy expressed by market deregulation, privatization, and the retrenchment of social supports, has been offered as an explanation for increases in cross-national punitiveness. According to neoliberal penality theory, neoliberalism has shifted principles guiding punishment practices and the treatment of offenders, which has resulted in harsher national responses to crime. However, many tenets of this theory have not yet been tested empirically. Drawing heavily on propositions from neoliberal penality, group-threat, and penal populism literature, this dissertation examines the relationship between economic shifts, …

A Multifaceted, Non-Militarized Approach To Security Dynamics In Protected Areas: From Foot Patrols, To Tourism, And Local Communities, Monique Sosnowski

Dissertations, Theses, and Capstone Projects

A wide range of interventions have been implemented to reduce wildlife poaching incidents across the globe. These include community-based strategies, such as the development of alternative livelihoods; legal strategies, such as the development of legal frameworks at local, regional, and international levels; and wildlife law enforcement efforts, such increasing patrolling efforts. While community-based and legal strategies generally attempt to reduce the motivating factors surrounding the commission of crimes, wildlife law enforcement further attempts to prevent crimes from happening, assuming that someone will always be inclined. Given this inevitability, the question is raised regarding how to best reduce the occurrence of …

Tfr 15.2 Full Issue

The Foundation Review

No abstract provided.

Systems-Change Philanthropy: It’S Essential, And It’S Our Responsibility, Emily Bhandari, Alison Mohr Boleware, Octavio N. Martinez Jr.

The Foundation Review

The Hogg Foundation for Mental Health’s mission is to transform how communities promote mental health in everyday life. Policy engagement — fundamental to improving the social and structural determinants of mental health — has always been a strategic priority for the foundation, which has become a trusted resource for mental health and substance use policy issues in Texas. Yet, the state’s mental health and substance use policy community is limited in size, capacity, and training.

To address that reality, the Hogg Foundation for Mental Health Policy Academy and Policy Fellow Initiative was launched to invest in a mental health policy …

Exclusionary Rules And Deterrence After Vega V. Tekoh: The Trend Toward A More Consistent Approach Across The Fourth And Fifth Amendments, Eugene R. Milhizer

Nebraska Law Review

The sound and fury of the U.S. Supreme Court decisions announced in the 2022 term obscured Vega v. Tekoh, in which the Court held that a violation of the Miranda rights warning and waiver requirements does not provide a basis for claiming a denial of rights under 42 U.S.C. § 1983. While Tekoh’s rejection of Miranda protections for § 1983 claims may ultimately prove to be significant, of far greater potential import is the Court’s rationale in support of its holding, which was premised on its assessment of the inadequacy of deterrent benefits that would be obtained by allowing …

Weird Winter Weather In The Anthropocene: How Volatile Temperatures Shape Violent Crime, Christopher Thomas, Kevin T. Wolff

Publications and Research

Purpose: Current evidence suggests volatile temperatures are becoming more common because of climate change and can be expected to become even more frequent in the future. By focusing on recent temperature variability, we attempt to estimate one important dimension of the impact of climate change on violent crime. We also explore whether sudden upward temperature anomalies have stronger positive impacts on violent crime in the coldest months of the year, as routine activities are likely to change more drastically during this period.

Methods: This study explores the association between sudden temperature anomalies (both upward and downward) and the daily incidence …

A Statewide Analysis Of The Impact Of Restitution And Fees On Juvenile Recidivism In Florida Across Race & Ethnicity, Alex R. Piquero, Michael T. Baglivio, Kevin T. Wolff

Publications and Research

Whether the imposition of monetary sanctions is related to juvenile recidivism is explored overall and across race and ethnicity. Leveraging a statewide sample, logistic regression was used to predict fees and restitution assignment based on youth/case characteristics, hierarchical linear and logistic random-effects regression examined the association between neighborhood characteristics with fees and restitution, and propensity score matching examined whether fees and/or restitution are related to reoffending. No race/ethnic differences were found in the proportion of youth receiving court fees, yet when fees were administered both black and Hispanic youth received higher fees. Neighborhood characteristics have minimal impact on whether (or …

Survival Homicide, Michal Buchhandler-Raphael

Cardozo Law Review

A significant number of women who are incarcerated in American prisons for homicide offenses have been subjected to various forms of domestic abuse, including physical, sexual, and psychological abuse. This Article coins the term “survival homicide” to refer to cases where survivors of substantial and repeated domestic abuse kill abusive intimate partners or other abusive family members in circumstances where the abuse significantly contributed to their act. Abuse survivors are often prosecuted for murder and are over-punished by the criminal legal system.

Existing legal frameworks underlying survival homicide rest on exercising considerable discretion by various institutional actors, including prosecutors, juries, …

A Proportionality Analysis Should Govern Home Rule Disputes, Darien Shanske, David A. Carrillo

Cardozo Law Review

Despite more than a century of reform, state constitutional law governing the state–local relationship remains unsatisfactory. Current doctrine governing intrastate federalism struggles with the same issues as the more familiar interstate federalism doctrine does: in both contexts courts have failed to choose between categorization and balancing. Two recent trends highlight this unsatisfactory pocket of state constitutional jurisprudence. One is hyperpreemption, where punitive state laws override local regulations and invade traditional zones of local police power. The other pressure point is the nationwide housing crisis, which provokes intrastate conflict when state governments act to preempt local zoning to permit more, denser, …

After Mccleskey, Robert L. Tsai

Faculty Scholarship

In the 1987 decision, McCleskey v. Kemp, the Supreme Court rejected a black death row inmate's argument that significant racial disparities in the administration of Georgia's capital punishment laws violated the Fourteenth Amendment's Equal Protection Clause. In brushing aside the most sophisticated empirical study of a state 's capital practices to date, that ruling seemingly slammed the door on structural inequality claims against the criminal justice system. Most accounts of the case end after noting the ruling's incompatibility with more robust theories of equality and meditating on the deep sense of demoralization felt by social justice advocates. One might …

An Offer You Cannot Refuse: Understanding The Elusive Construct Of "Voluntary" Plea Decisions, Melanie B. Fessinger

Dissertations, Theses, and Capstone Projects

Defendants often plead guilty in exchange for reduced punishments. Some argue that these reduced punishments are necessary for the functioning of the criminal justice system, whereas others argue that they are inherently coercive because they place a burden on the exercise of constitutional rights. This potential coercion is of concern because the constitution requires valid guilty pleas to be made by defendants voluntarily. However, “voluntary” is an elusive construct of which courts, scholars, and laypeople have differing definitions. Although limited research has focused specifically on perceptions of voluntary pleas, decades of research have shown that individuals generally perceive decisions more …

Examining The Role Of Evidence-Based Suspicion In Racial Disparities In Wrongful Convictions, Jacqueline Katzman

Dissertations, Theses, and Capstone Projects

There are clear racial disparities in the rates of wrongful convictions, with Black exonerees disproportionately represented among the population of those exonerated, in DNA and non-DNA exonerations alike (National Registry of Exonerations, 2022; Innocence Project, 2022). This racial disparity also exists for those exonerees who were wrongfully convicted, at least in part, because an eyewitness mistakenly identified them. For decades, when eyewitness scholars explored racial bias, they focused on the cross-race effect or own-race bias among eyewitnesses, a bias positing that witness performance suffers when a witness is asked to make an identification of a cross-race face (Lee & Penrod, …

Ethnic Tensions In The Western Balkans And The Experience Of Ethnic Minorities, Nadina Resulani

Dissertations, Theses, and Capstone Projects

The Western Balkan has experienced a past of ethnic turmoil. From the wars in Croatia, Bosnia and Herzegovina and Kosovo to ethnic tensions in Serbia, Montenegro, and North Macedonia. Understanding that ethnicity itself continues to be a salient factor in Western Balkan, the question remains how Western Balkan states were able to remove themselves from the front light of ethnic tensions considering today these countries are known as being tourist destinations, cultural and academic meccas, and democratic candidates in line to join the European Union. In reviewing and comparing the geopolitical and social environment of three Western Balkan states: Montenegro, …

Policing The Borders Of An Empire: A Political History Of Tagging (1960–2008), Maria Heyaca

Dissertations, Theses, and Capstone Projects

Of the nearly 6 million people monitored by the prison and immigration enforcement complex in the US, a little over 4 million, or 70%, are under community supervision. If we narrow in on the nearly 350,000 people being monitored by the immigration system, the figure goes up to 93%. Yet, most studies on criminalization conducted in the US, prioritize confined individuals, neglecting community supervision. In this dissertation, I present the first theoretically driven, historical and sociological analysis that comprehensively targets fundamental questions about the political history of electronic monitoring in the US -- a practice also known as tagging. I …

Fighting The Invisibility Of Domestic Violence, Yesenny Fernandez

Dissertations, Theses, and Capstone Projects

Analyzing the invisibility of domestic violence in New York City as 32% of women in the city experience intimate partner physical violence. In this project, domestic violence refers to all different kinds of violence that occur in a home between all the members who live there regardless of whether they are intimate partners or not. The data focuses on all the daily calls received by the New York Police Department (NYPD) and NYC Mayor’s Office to End Domestic and Gender-Based Violence (ENDGBV) regarding domestic violence related incidents such as physical, psychological, emotional, and sexual violence, or murder. Even though many …

Medical-Legal Partnership As A Model For Access To Justice, Yael Cannon

Georgetown Law Faculty Publications and Other Works

The United States is plagued with a “justice gap” that leaves many Americans with unmet civil legal needs. Americans with low income do not receive the legal help they require for as many as 92% of their substantive civil legal problems. The justice gap requires many legal aid agencies to triage, becoming “emergency rooms” for clients with unmet legal needs. This national crisis calls for new innovations so that access to justice (A2J) can function more like primary care, promoting better use of resources and preventing legal crises that can cause long-lasting harm.

Medical-Legal Partnerships (MLPs) embed lawyers in healthcare …

Witnessing Academic Dishonesty And Student’S Satisfaction With Learning, Motivation For Studying And Evaluation Of Faculty, Dawoon Lee

Student Theses

Academic dishonesty has been a long-term problem in secondary and higher education. Previous studies reported that an average of two-thirds of students reported that they have engaged in academic dishonesty in high school or college. This study explored witnessing academic dishonesty and its influence on students' experiences in the learning environment. The hypothesis is that witnessing academic dishonesty will negatively impact the student’s satisfaction with learning, motivation for studying, and evaluation of faculty. In conducting the study, participants (N = 250) completed an online survey assessing their satisfaction with learning, motivation for studying, and evaluation of faculty. Participants also reported …

Open Fire: The Expansion Of 9mm Hollow Point Bullets In Relation To Tissue Thickness, Abigail Wilson

Student Theses

Bullets can be broadly differentiated into jacketed and unjacketed groups. Jacketed ammunition can be further broken down based on the bullet’s design, one of which is hollow points. This research examines a representative brand of jacketed hollow point bullets used in a common caliber cartridge, the 9mm Luger. A jacketed hollow point bullet is designed to expand when it encounters a viscous medium such as tissue. This experiment simulated tissue using ballistic gelatin and simulated skin using a chamois overlay. As a positive and negative control, a series of bullets were fired into a full-size block of gelatin to achieve …

Comparison Of Hydrolysis Efficiency And Performance Of Four Recombinant Β- Glucuronidase Enzymes For The Detection Of Opioids In Urine Samples By Lc-Ms/Ms, Christina Fernandez

Student Theses

The United States has been experiencing a nationwide public health crisis since introducing prescription opioids in the 1990s. A central problem with opioids is their highly addictive nature causing a dose-dependent respiratory depression leading to overdoses and deaths. Drug overdose deaths have risen in the past two decades, with opioids being the dominant driver of this epidemic. Given the circumstances, accurate and efficient confirmatory analysis of opioids in urine is essential to monitoring patients’ compliance and preventing drug diversion in clinical and forensic settings. The development of recombinant β-glucuronidases allows for the hydrolysis of glucuronidated opioids using a shorter incubation …

Extraction Of Challenging Forensic Samples Using The Microgem Dna Extraction Kit, Falyn R. Vega

Student Theses

In forensic science, DNA extraction can be a tedious and resource-intensive process. Extraction with Proteinase K is an industry standard but has its drawbacks, such as requiring multiple ionic detergents and washing steps. MicroGEM has developed a new enzyme called forensicGEM that is temperature-dependent and compatible with mesophilic enzymes, offering complete DNA extraction in about 20 minutes in a single tube, limiting contamination, loss of sample, and working time. ForensicGEM can extract DNA from highly degraded samples, potentially leading to more complete STR profiles. Highly degraded tissue and bone samples were collected and extracted with the forensicGEM …

Attorneys’ Questions About Time In Criminal Cases Of Alleged Child Sexual Abuse, Mckenna N. Cameron

Student Theses

In cases of alleged child sexual abuse, information about the timing of events is often needed to establish a timeline, determine specific charges, or establish witness credibility (Lyon et al., 2017). However, past developmental laboratory research has demonstrated that children struggle to provide accurate and reliable testimony about time, and there is currently a lack of field research examining how attorneys actually question child witnesses about time in court (Friedman, 1991; Wandrey et al., 2012). The current study analyzed 73 trial transcripts from cases of alleged child maltreatment containing a child witness between the ages of 5 to 17 years …

The Effects Of Type Of Recall On Memory Accuracy In An Eyewitness Case Vignette, Ketura Mccroy

Dissertations

Memory and recall play an essential role in determining convictions in cases of eyewitness testimony. Eyewitnesses can appear confident in their statements, yet one’s memory and recall of a witnessed event can become distorted or manipulated in the process given that it is highly susceptible to various errors, biases, and misleading information such as suggestive questions. The purpose of this study was to further examine how two types of recall (i.e., cued and free) effect eyewitness testimony. In this study, 43 participants read a hypothetical case vignette of a murder crime scene; they were then randomly put into either a …