Digital Commons Network^™

Reporting Sexual Assault: What Privileges Should Exist In Defamation Suits Stemming From A Police Report?, Katharine Rubery

Fordham Urban Law Journal

No abstract provided.

Evidence Rules For Decarceration, Erin R. Collins

Fordham Urban Law Journal

No abstract provided.

Reforming Prior Conviction Impeachment, Anna Roberts, Julia Simon-Kerr

Fordham Urban Law Journal

No abstract provided.

Collusive Prosecution, Ben A. Mcjunkin, J.J. Prescott

Articles

In this Article, we argue that increasingly harsh collateral consequences have surfaced an underappreciated and undertheorized dynamic of criminal plea bargaining. Collateral consequences that mostly or entirely benefit third parties (such as other communities or other states) create an interest asymmetry that prosecutors and defendants can exploit in plea negotiations. In particular, if a prosecutor and a defendant can control the offense of conviction (often through what some term a “fictional plea”), they can work together to evade otherwise applicable collateral consequences, such as deportation or sex-offender registration and notification. Both parties arguably benefit: Prosecutors can leverage collateral consequences to …

“The Peace,” Domestic Violence, And Firearms In The New Republic, Laura Edwards

Fordham Urban Law Journal

No abstract provided.

Age-Related Gun Regulations And Public Opinion, Rebecca Valek, Cassandra Crifasi, Alex Mccourt

Fordham Urban Law Journal

No abstract provided.

Prosecuting The Crisis, Benjamin Levin

Fordham Urban Law Journal

No abstract provided.

The Poor Reform Prosecutor: So Far From The State Capital, So Close To The Suburbs, John F. Pfaff

Fordham Urban Law Journal

No abstract provided.

Progressive Prosecutorial Accountability, Jennifer E. Laurin

Fordham Urban Law Journal

No abstract provided.

Pittfalls Of Progressive Prosecution, Carissa Byrne Hessick

Fordham Urban Law Journal

No abstract provided.

Mpacts Of Parental Incarceration On Child's Well-Being And Interventions To Support Them, Anna Stacey Roberge

Honors Theses and Capstones

This study reviews the effectiveness and impact of current interventions for children who have incarcerated parents in New Hampshire. The negative impacts of parental incarceration have led to the need for these intervention strategies. Recently psychologists and behavioral experts have conducted their studies which show that children who have incarcerated parents are more likely to display delinquent behaviors. Additionally, studies have shown that parental incarceration can lead to the experiencing of several more psychological difficulties, such as depression, anxiety, and learning disorders (Kremer et al., 2020). Several communities have worked to implement interventions that will help these children avoid falling …

State Charter School Law Scores As A Predictor Of Illegal Activity Within The Chartering Sector, David J. Stashevsky

All-Inclusive List of Electronic Theses and Dissertations

State charter school policy is influenced through a collaboration between advocacy groups and state legislators. Charter school advocacy groups have an inherent bias toward deregulation and autonomy. Two advocacy groups, the Center for Education Reform (CER) and the National Alliance for Public Charter Schools (NAPCS), each conduct annual analyses on state charter school laws using their own model charter law as the comparator. Each group has developed a rubric of indicators with sub-scores which combine to form an overall state score. Higher scores indicate a closer adherence to the advocacy groups model charter law. The charter school sector in the …

The Mixed Legacy Of The January 6 Investigation For Executive Privilege And Congressional Oversight, Jonathan D. Shaub

Constitutional Commentary, Vol. 37 and later (2023–present)

No abstract provided.

How The “Black Criminal” Stereotype Shapes Black People’S Psychological Experience Of Policing: Evidence Of Stereotype Threat And Remaining Questions, Cynthia J. Najdowski

Psychology Faculty Scholarship

Cultural stereotypes that link Black race to crime in the U.S. originated in and are perpetuated by policies that result in the disproportionate criminalization and punishment of Black people. The scientific record is replete with evidence that these stereotypes impact perceivers’ perceptions, information processing, and decision-making in ways that produce more negative criminal legal outcomes for Black people than White people. However, relatively scant attention has been paid to understanding how situations that present a risk of being evaluated through the lens of crime-related stereotypes also directly affect Black people. In this article, I consider one situation in particular: encounters …

Undergraduate Bulletin, 2023-2024, Minnesota State University Moorhead

Undergraduate Bulletins (Catalogs)

No abstract provided.

Gender Differences In Barriers To Entering Substance Use Treatment, Casey A. Baker

Theses and Dissertations--Public Health (M.P.H. & Dr.P.H.)

Background

Nationally representative data have indicated that less than one in ten individuals with a substance use disorder (SUD) have received recent treatment, suggesting a need for research to examine potential barriers to SUD services. Although research has been conducted to identify some barriers to treatment, there is little research focused on gender differences. To address this gap in research, the present study aimed to examine gender differences in barriers to entering SUD treatment, as well as differences in factors that may impact decisions to enter treatment.

Methods

Participants (N = 62) were recruited from the community as part of …

Private Ownership Of Public Facts: Docudramas, Deals, And Life Story Rights, David Fagundes, Jorge L. Contreras

Faculty Articles

From Elizabeth Taylor to Mike Tyson, celebrities have claimed ownership of their personae. But while the right of publicity and other laws give individuals the right to control commercial exploitation of their images, voices, mannerisms and taglines, the law stops short of recognizing a property interest in the events of their lives. On the contrary, the First Amendment protects producers of expressive works when telling non-defamatory stories about real people. The intuition that exists among celebrities and lay persons alike that individuals own their “life stories” has been fueled by the decades-old Hollywood practice of “acquiring” life story rights from …

Between Cooperation And Conflict In Second Look Sentence Review, Kay L. Levine, Ronald F. Wright

Faculty Articles

This Article offers the first scholarly assessment of new resentencing practices initiated by state prosecutors in the United States. Unlike the conviction integrity units that have become institutional fixtures in many prosecutors’ offices over the past two decades, attorneys working on resentencing matters rarely address concerns about the legal integrity or factual accuracy of the conviction itself. Prosecutors and defense attorneys instead consider the continuing integrity of the sentence imposed on the defendant. Perhaps a second look is necessary because the sentence imposed for the crime no longer appears necessary to serve public safety goals, because the prisoner has aged …

The Public Voice Of The Defender, Russell M. Gold, Kay L. Levine

Faculty Articles

For decades police and prosecutors have controlled the public narrative about criminal law. The news landscape features salacious stories of violent crimes while ignoring the more mundane but far more prevalent minor cases that clog the court dockets. Defenders, faced with overwhelming caseloads and fear that speaking out may harm their clients, have largely ceded the opportunity to offer a counternarrative based on what they see every day. Defenders tell each other about overuse of pretrial detention, intensive pressure to plead guilty, overzealous prosecutors, cycles of violence, and rampant constitutional violations—all of which inflict severe harm on defendants and their …

Bad Faith Prosecution, Ann Woolhandler, Jonathan R. Nash, Michael G. Collins

Faculty Articles

There is no shortage of claims by parties that their prosecutions are politically motivated, racially motivated, or just plain arbitrary. In our increasingly polarized society, such claims are more common than ever. Donald Trump campaigned on promises to lock up Hillary Clinton for her handling of State Department-related emails, but he subsequently complained that the special counsel's investigation of his campaign's alleged contacts with Russian operatives was a politically motivated witch hunt. Kenneth Starr's pursuit of investigations of Bill Clinton evoked similar arguments of political motivation.

The advent of "progressive" prosecutors will no doubt increase claims of bad faith prosecution, …

Rage Against The Machine: Who Is Responsible For Regulating Generative Artificial Intelligence In Domestic And Cross-Border Litigation?, S. I. Strong

Faculty Articles

In 2023, ChatGPT—an early form of generative artificial intelligence (AI) capable of creating entirely new content—took the world by storm. The first shock came when ChatGPT demonstrated its ability to pass the U.S. bar exam. Soon thereafter, the world learned that ChatGPT was being used by both lawyers and judges in actual litigation.

Some within the legal community find the use of generative AI in civil and criminal litigation entirely unproblematic. Others find generative AI troubling as a matter of due process and procedural fairness due to its propensity not only to misinterpret legitimate legal authorities but to create fictitious …

Searches Without Suspicion: Avoiding A Four Million Person Underclass, Tonja Jacobi, Addie Maguire

Faculty Articles

In Samson v. California, the Supreme Court upheld warrantless, suspicionless searches for parolees. That determination was controversial both because suspicionless searches are, by definition, anathema to the Fourth Amendment, and because they arguably undermine parolees’ rehabilitation. Less attention has been given to the fact that the implications of the case were not limited to parolees. The opinion in Samson included half a sentence of dicta that seemingly swept probationers into its analysis, implicating the rights of millions of additional people in the United States. Not only is analogizing parolees and probationers not logically sound because the two groups differ …

A Laboratory Test Of Alcohol-Related Intimate Partner Aggression: Expectancies Are Not To Blame, Laura E. Watkins, Samantha C. Patton, David Dilillo

Department of Psychology: Faculty Publications

Background: The role of alcohol expectancies and evaluations (i.e., perceived outcomes of drinking and whether these outcomes are desirable) in alcohol-related intimate partner aggression (IPA) has been debated, with some researchers arguing that expectancies fully account for the alcohol-IPA relationship and others suggesting they play a minimal if any role in alcohol-related IPA. In the current study, we examine the impact of expectancies and evaluations on alcohol-related IPA observed in the lab, in order to clarify what impact, if any, alcohol expectancies have on alcohol-related IPA. Consistent with findings from laboratory studies examining general aggression, we expected that individuals …

Exploring The Perceptions Of Recent High School Graduates Regarding Pk-12 School Safety Measures Considering Increased Occurrences Of Mass School Shootings: A Q Method Study, Marie Farjian

UNF Graduate Theses and Dissertations

School violence and mass school shootings are increasing at an alarming rate in our nation (Arnold, 2015; Ash & Sanders, 2018; Baird, Roellke, & Zeifman, 2017; Beland & Kim, 2016; De Apodaca, Brighton, Perkins, Jackson, & Steege, 2012; Duplechain & Morris, 2016; Elliott, 2015; Gerard, Whitefield, Porther, & Browne, 2016; Haan & Mays, 2013; Jonson, 2017). Institutions of learning that were once deemed safe and sacred have turned into metaphorical and literal battlegrounds (Jonson, 2017). As a result of the increased risk of mass school shootings many states have implemented laws to assist in implementing more rigid safety measures within …

Reentry For Registered Sex Offenders: Navigating Stigma Post-Release, Emily N. Friedman

UNF Graduate Theses and Dissertations

Registered sex offenders (RSOs) experience extreme stigmatization and monitoring even after they are released from incarceration. This is due, in part, to sex offender registries which perpetuate high levels of stigma and can contribute to false narratives about reoffending, victimization, and the homogeneity of sex offenders. As a result of societal level stigma, RSOs often struggle to locate and maintain employment, secure suitable housing, and establish positive, prosocial relationships. This current study utilized a qualitative approach using in-depth interviews with eight RSOs to explore how offenders experience and navigate this stigma during reentry. Findings support the notion that RSOs experience …

Annual Report, Fiscal Year 2022-2023, Tennessee. Bureau Of Investigation

Annual Reports

This document is the annual report for the TBI during the fiscal year.

Error Aversions And Due Process, Brandon L. Garrett, Gregory Mitchell

Faculty Scholarship

William Blackstone famously expressed the view that convicting the innocent constitutes a much more serious error than acquitting the guilty. This view is the cornerstone of due process protections for those accused of crimes, giving rise to the presumption of innocence and the high burden of proof required for criminal convictions. While most legal elites share Blackstone’s view, the citizen-jurors tasked with making due process protections a reality do not share the law’s preference for false acquittals over false convictions.

Across multiple national surveys, sampling more than 10,000 people, we find that a majority of Americans views false acquittals and …

Return To Sender?: Analyzing The Senior Leader “Open Letter” On Civilian Control Of The Military, Charles J. Dunlap Jr.

Faculty Scholarship

In response to the September 2022 open letter, “To Support and Defend: Principles of Civilian Control and Best Practices of Civil-Military Relations,” by eight former secretaries of defense and five former chairmen of the Joint Chiefs of Staff, this Article adds a piece to the unsettled puzzle of civil-military relations. The Letter attempts to detail “core principles or best practices” (CP/BP) regarding civil-military relations, and in response, this Article comments on and clarifies these well-intended efforts. This Article sequentially dissects each CP/BP in today’s context of hyper-politicization, partisanship, technology, and more. Where necessary, the Article explains how the law may …

Judging Firearms Evidence And The Rule 702 Amendments, Brandon Garrett, Nicholas Scurich, Eric Tucker, Hannah Bloom

Faculty Scholarship

No abstract provided.

Open Prosecution, Brandon L. Garrett, William E. Crozier, Kevin Dahaghi, Elizabeth J. Gifford, Catherine Grodensky, Adele Quigley-Mcbride, Jennifer Teitcher

Faculty Scholarship

Where the vast majority of criminal cases are resolved without a trial, the criminal system in the United States is a system of pleas, not trials. While a plea, its terms, and the resulting sentence entered in court are all public, how the outcome was negotiated remains almost entirely nonpublic. Prosecutors may resolve cases for reasons that are benign, thoughtful, and well-calibrated—or discriminatory, self-interested, and arbitrary—with very little oversight or sunlight. For years, academics and policymakers have called for meaningful data to fill this crucial void.

In this Article, we open the “black box” of prosecutorial discretion by tasking prosecutors …