Digital Commons Network^™

Alone In The Lone Star State: How A Lack Of Centralized Public Defender Offices Fails Rural Indigent Defendants, Aiden Park

University of Michigan Journal of Law Reform

The criminal justice system is stacked against indigent defendants. The disadvantages indigent defendants face are exacerbated when mixed with the unique qualities of rural America.

For instance, rural court-assigned attorneys are often picked through ad hoc systems by the very judges these attorneys must appear in front of, creating a judicial conflict of interest. The financial realities of rural public defense work often force counsel to manage a private practice while also balancing court-appointed cases. To the extent integral resources like investigators or experts are present in rural spaces, they are seldom used. This Note highlights the way Texas organizes …

Policies For Expanding Hepatitis C Testing And Treatment In United States Prisons And Jails, Tessa Bialek, Dr. Matthew J. Akiyama M.D.

University of Michigan Journal of Law Reform

Hepatitis C virus (HCV) is highly prevalent in United States prisons and jails. In prisons and jails, rates of infection are ten to twenty times greater than national levels. And, more than thirty percent of all people living with HCV in the United States will spend time in prisons and jails in any given year. Rates are especially high among people who inject drugs (PWID), a population whose members are also likely to move between carceral settings and the community. Thus, addressing HCV among incarcerated populations would have a significant effect on the virus’s transmission both in and out of …

The Relationship Between Schizophrenia Spectrum Disorder And Criminal Responsibility, Taylor A. Chille

Psychology Doctoral Specialization Projects

This original contribution to practice explores the significance of schizophrenia spectrum disorder, one of the most severe psychiatric disorders recognized in the DSM-5. This condition affects over 50 million people worldwide and is amongst one of the most common psychiatric illnesses diagnosed in criminal responsibility evaluations to date. Nonetheless, there is limited comprehensive literature specifically examining the relationship between schizophrenia and the insanity defense. Information provided in this literature review aims to fill that gap and act as a resource for clinical forensic practitioners who may encounter related cases. Specifically, this document will begin by introducing schizophrenia spectrum disorder and …

Constitutional Limits On The Imposition And Revocation Of Probation, Parole, And Supervised Release After Haymond, Nancy J. King

Vanderbilt Law Review

In its Apprendi line of cases, the Supreme Court has held that any fact found at sentencing (other than prior conviction) that aggravates the punishment range otherwise authorized by the conviction is an “element” that must be proved beyond a reasonable doubt to a jury. Whether Apprendi controls factfinding for the imposition and revocation of probation, parole, and supervised release is critically important. Seven of ten adults under correctional control in the United States are serving terms of state probation and post-confinement supervision, and roughly half of all prison admissions result from revocations of such terms. But scholars have yet …

From The Legal Literature: Extraterritorial Jurisdiction Over Abortion, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

Perceptions Of Lengthy Sentences For Youth: A Survey Of Michigan Residents, Tarika Daftary Kapur, Aliya Brimbaum, Miguel Murillo

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

From The Legal Literature: Examining The Spread Of Plea Bargaining, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

From The Legal Literature: Judicial Resistance To New York’S 2020 Criminal Legal Reforms, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

From The Legal Literature: Private Prosecutions, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

From The Legal Literature: Virtual Testimony Post-Covid, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

Nysrpa V. Bruen And New York: A Lost Opportunity For Racial Equity In The Polarizing Gun Conversation, Zamir Ben-Dan

City University of New York Law Review

On June 23, 2022, the United States Supreme Court handed down its decision in New York State Rifle and Pistol Association, Inc. v. Bruen,1 which invalidated the “proper cause” requirement of New York’s “Sullivan Law,” its gun licensing statute. Reactions to this deci-sion were predictably mixed, largely drawn along the regular partisan lines.2 For those concerned about racial justice, this decision created an opportunity for honest dialogue about how to enhance public safety in a nondiscriminatory way while being consistent with the Supreme Court’s interpretation of the Second Amendment. Unfortunately, this was bound to be a lost opportunity in New …

This Article Is Considered Terrorism In The Philippines: The Role Of People's Lawyers In Class Struggle, Amanda Katapang

City University of New York Law Review

Lawyers do not need to be confined to simply supporting the fight for liberation but can and should be part and parcel to the struggle. Legal theory and practice do not need to be divorced from revolutionary theory and practice. In the National Democratic (ND) Movement in the Philippines, people’s lawyers do not just participate in legal defense or campaigns but ultimately in class struggle against the exploiters and oppressors. This Comment explores these principles and lessons from the Philippines and their application in the ND Movement’s overseas component, building upon the canon of movement lawyering.

Reducing Multigenerational Poverty In New York Through Sentencing Reform, Jared Trujillo

City University of New York Law Review

The relationship between incarceration and poverty is circular, cyclical, and symbiotic – poverty is a cause of incarceration, and incarceration causes poverty. In the 1970’s and 1990’s, New York led the country in enacting draconian sentencing laws that required judges to sentence children and adults to longer periods of incarceration, while also reducing the ability of incarcerated people to earn time off of their sentences for participation in rehabilitative, vocational, and educational programming. For the past half century, these harsh sentencing laws have been the primary driver of mass incarceration in New York. As a result, generations of families with …

Footnote Forum’S Moderated Conversation With The Authors Of The Domestic Violence Survivors Justice Act And Criminalized Immigrant Survivors, Assia Serrano And Nathan Yaffe, Assia Serrano, Nathan Yaffe

City University of New York Law Review

No abstract provided.

Intimate Partner Violence: The Silent Enemy Among African Immigrant Women, Omoniyi Anne Bello

Walden Dissertations and Doctoral Studies

Intimate partner violence among immigrant and minority groups remains a social and health problem that has garnered little attention. African immigrant women particularly face intersectional challenges (e.g., language barriers, unemployment, and lack of access to health care, resources, and services) that heighten their vulnerability to partner violence. Yet, knowledge about their experiences remains elusive in empirical research. Examining the nature and extent of their experience can provide valuable insights that could enhance research and practice on partner violence. The purpose of this generic qualitative study was to explore the experiences of African immigrant women survivors of partner violence in Edmonton, …

A Meta-Analysis Of Higher Education On Professional Police Behavior Patterns, Augustine S. Nugba

Walden Dissertations and Doctoral Studies

Police misconduct has become an issue of concern among law enforcement officers and other stakeholders. Approximately, 10% of law enforcement officers commit 90% of misconduct problems, and as high as 45% of the misconduct generates citizen complaints. Thus, there has been an increasing debate on whether police officers should attain a college education or not. The purpose of this quantitative correlational study was to investigate the relationship between education level and the number of complaints filed against police officers for misconduct. This study was grounded on the cognitive development theory. The study was conducted by following the guidelines proposed by …

Perceptions Of Law Enforcement Officers Regarding Their Interactions With Persons In Mental Health Crises., Monica Roundtree

Walden Dissertations and Doctoral Studies

Law enforcement officers are guided by principles to protect and serve the community in general; this includes persons with mental health illnesses. These officers are often the sole community resource responding to calls involving persons in mental health crises. However, many officers lack the knowledge and skills to effectively interact with this group. This quantitative study addressed how law enforcement officers perceive that a selected policy, procedure, or strategy is effective for interacting with a person experiencing a mental health crisis. The theoretical framework for this study is the procedural justice theory. A convenience sample of 100 sworn law enforcement …

Help-Seeking Behaviors And Employment Hope Among Depressed Black Male Foster Care Alumni, Vanessa Jennings

Walden Dissertations and Doctoral Studies

Traumatic depression is a system of experiences where the mind, heart, and gut track happenings lingering among systemic models of prevention and intervention and personal stories. This nonexperimental correlational study aimed to provide insights into mental help-seeking and employment hope among depressed Black/African American foster care male alums. The central research question was to what degree, if any, a positive relationship exists between employment hope and seeking access to mental health-related services among male foster care alums who identify with depression. It was hypothesized that a statistically significant relationship exists. The social cognitive career theory and theory of planned behavior …

The World Bank Inspection Panel’S ‘Reparative’ Spectrum: Case Studies And Data Trends On Reparation Design, Diane A. Desierto, Anibal Perez-Linan, Anshu Raj Singh, Gabrielle Penna, Emma Ryan

Journal Articles

Reparation, as a formal matter of victim redress and legal responsibility of the party responsible for victim harm (especially through violations of human rights, environmental and labor laws, among others), can also take place outside the formal processes of adjudication characteristic of international, regional, or national courts. The World Bank Inspection Panel is one such non-judicial entity that has nevertheless played a central role in communities’ pursuit of redress against any harms experienced from World Bank-funded development projects around the world. As an entity created by the World Bank Group in 1994 under a mandate of impartiality and independence from …

Implementation Of Enhanced Probe Data (Canbus) For Tactical Workzone And Winter Operations Management, Jairaj Desai, Rahul Suryakant Sakhare, Justin Mahlberg, Jijo K. Mathew, Howell Li, Darcy M. Bullock

JTRP Technical Reports

For over a decade, segment-based probe data has been extensively used by transportation stakeholders for monitoring mobility on Indiana roadways. However, enhanced probe data from connected vehicles includes a richer dataset that can provide more detailed real-time and after-action reviews. This enhanced data includes detailed vehicle trajectories, at 3s resolution, and “event data.” This event data is near real-time and includes hard-braking events, hard-acceleration events, weather-related data, including wiper activations and some seat belt usage data. This project developed a set of methodologies and resulting visualizations that enables the use of emerging connected vehicle data in operational decision-making on work …

Strategic Plan (2023-2028), California State University, San Bernardino

CSUSB Strategic Plans

No abstract provided.

China’S Dual State Revival Under Xi Jinping, Eva Pils

Fordham International Law Journal

Under President Xi Jinping, China has undergone autocratic reclosure. Drawing on Fraenkel’s 1940 analysis of Germany’s then dictatorship as a duality of coexisting normative and prerogative modes of governance established to normalize ‘emergency’ exemptions from legality, this Article argues that this process can be understood as a Dual State revival at a point in time when rule of law corroded in liberal-democratic systems with more robust legal institutions and protections.

The Need For An International Tribunal On The Crime Of Aggression Regarding The Situation In Ukraine, Jennifer Trahan

Fordham International Law Journal

This Essay examines the imperative need to prosecute the crime of aggression being committed against Ukraine and doing so through an international tribunal created on the recommendation of the UN General Assembly. It also makes the case for amending the Rome Statute of the International Criminal Court to expand jurisdiction over the crime of aggression to cover future similar situations. Both are critically important in order to enforce the core norm against the use of force within the UN Charter through the regime of individual criminal responsibility. The Essay also briefly explores the paralysis caused within the UN Security Council …

Homophobia In Jamaica And Its Impact On The Victimization Of Homosexual Adult Males In Montego Bay, St. James, Dr. Shahila D. Edwards-Grey

Walden Dissertations and Doctoral Studies

AbstractJamaica has been listed among the most unfriendly nations for homosexual males. Previous research indicated that due to the biopolitical and sociocultural norms of the Jamaican society, homosexual males continued to be targets of various forms of discrimination based on their sexual orientation. However, research reflecting the lived experiences of homosexual males in Jamaica is sparse. The purpose of this phenomenological qualitative study was to provide details on the encounters of victimization due to homophobia of adult homosexual males in the parish of St. James, Jamaica. Data were collected through observations and in-depth interviews with eight men who identified as …

Disrupting Carceral Logic In Family Policing, Cynthia Godsoe

Michigan Law Review

A Review of Torn Apart: How the Child Welfare System Destroys Black Families and How Abolition Can Build a Safer World, By Dorothy Roberts.

Policing Queer Sexuality, Ari Ezra Waldman

Michigan Law Review

A Review of Vice Patrol: Cops, Courts, and the Struggle over Urban Gay Life Before Stonewall. By Anna Lvovsky.

The Geography Of Unfreedom, Ann M. Eisenberg

Michigan Law Review

A Review of Coal, Cages, Crisis: The Rise of the Prison Economy in Central Appalachia. By Judah Schept.

To Protect And Serve California's Children: Mitigating Police Coercion Of Minors Through California's New Attorney Consultation Mandate, Lila Garlinghouse

University of San Francisco Law Review

No abstract provided.

The Great Effacement: New Zealand's Silencing On The 2019 Mosque Shooter, J.C. Oleson

University of San Francisco Law Review

No abstract provided.

Capital Punishment For Latine Populations, Morgan Zamora

UC Law Journal of Race and Economic Justice

No abstract provided.