Digital Commons Network^™

Clemson Commencement Program, December 2022, Clemson University

Clemson Commencement Programs

No abstract provided.

Social Trust In Criminal Justice: A Metric, Joshua Kleinfeld, Hadar Dancig-Rosenberg

Notre Dame Law Review

What is the metric by which to measure a well-functioning criminal justice system? If a modern state is going to measure performance by counting something—and a modern state will always count something—what, in the criminal justice context, should it count? Remarkably, there is at present no widely accepted metric of success or failure in criminal justice. Those there are—like arrest rates, conviction rates, and crime rates—are deeply flawed. And the search for a better metric is complicated by the cacophony of different goals that theorists, policymakers, and the public bring to the criminal justice system, including crime control, racial justice, …

Curriculum Subcommittee Agenda, December 1, 2022, Utah State University

Educational Policies Committee

• Approval of Minutes - November 3, 2022
• Program Proposals
• Semester Course Approval Reviews
• Other Business
• Adjourn: 3:00 pm

A Call To Abolish Determinate-Plus Sentencing In Washington, Rachel Stenberg

Washington Law Review

For certain incarcerated individuals who commit sex offenses, Washington State’s determinate-plus sentencing structure requires a showing of rehabilitation before release. This highly subjective “releasability” determination occurs after an individual has already served a standard sentence. A review of recent releasability determinations reveals sentences are often extended on arbitrary and inconsistent grounds—especially for individuals who face systemic challenges in prison due to their identity or condition. This Comment shows that the criteria to determine whether individuals are releasable is an incomplete picture of their actual experience in the carceral setting, using the distinct example of incarcerated individuals with mental illness. While …

Expanding Judicial Discretion To Grant Compassionate Release During Covid-19, Deborah Wang

Washington Law Review

In the 1980s, Congress introduced compassionate release to counteract the increased rigidity of our federal sentencing system. This mechanism allowed courts, through a motion filed by the Bureau of Prison’s director, to reduce a prisoner’s sentence if “extraordinary and compelling” circumstances warrant such a reduction. However, because the Bureau of Prisons (BOP) seldom brought these motions, few people were released early via compassionate release. At the same time, public discourse and concerns regarding mass incarceration have continued to grow, causing lawmakers to revisit and revise compassionate release through the First Step Act of 2018 to ensure that this mechanism’s potential …

Alcohol Use Disorder And Major Depressive Episodes: Findings From The National Survey On Drug Use And Health, Samantha Madler

Theses and Graduate Projects

Alcohol use disorder (AUD) is one of the leading causes of death and disability among individuals in the United States (Bergmann et al., 2013; Jung, 2019; Sliedrecht et al., 2019; Witkiewitz, 2019). A number of individuals reporting an AUD diagnosis also report difficulties related to numerous physical, social, and mental health consequences, most notably, major depression. Major depressive disorder (MDD) and AUD co-occur at high rates, and researchers have been investigating the negative consequences and outcomes related to these co-occurring illnesses (McHugh & Weiss, 2019; Tolliver & Anton, 2022). Using a large nationally representative sample of 18–36-year-olds, treatment completion within …

Spare The Rod: African American Students’ Experience Of Postsecondary Student Conduct Processes, Melissa Sanders

Educational Leadership & Policy Studies Dissertations - Archive

Although African Americans enroll at postsecondary institutions at similar rates as other ethnic groups, consistently, they lag in degree completion. This has led to lower wages, fewer employment opportunities, and higher health disparities among African Americans. Consequently, the literature is full of studies attempting to increase Black student degree attainment. This includes their perception of campus climates, academic preparedness, and sense of belonging. However, other opportunities to promote and encourage African American scholastic success, such as the disciplinary process, are understudied. To address this gap, I utilized a phenomenological qualitative study to examine the way African Americans perceived the impact …

The Me You Can’T See: Stories Of Black Male Elementary Teachers’ Experiences And Decisions To Teach, An Endarkened Storywork Study, Trevor Dustin Mccray

Educational Leadership & Policy Studies Dissertations - Archive

Black male teachers in PK-12 make up less than 2% of the teacher workforce with an undetermined representation in elementary education. Although there have been efforts to increase their representation in the field, there remains a lack of Black males entering the classroom as teachers. In addition, there has been limited research examining ecological systems' influence on Black male teachers' elementary teacher experiences and their decisions to teach in early childhood education. In response, this proposed qualitative Endarkened Storywork study examined Black male elementary teachers' experiences and highlighted the perceived influence of Black males teaching in early childhood education through …

Educational Policies Committee Agenda, December 1, 2022, Utah State University

Educational Policies Committee

• Approval of Minutes - November 3, 2022
• Subcommittee Reports
• Curriculum Subcommittee (Chad Simon)
• Academic Standards Subcommittee (Renee Galliher)
• General Education Subcommittee (Matt Sanders)
• Other Business
• Adjourn:

Traumatized Defendants, Troubled Attorneys: The Impact Of Vicarious Trauma On The Defense Attorney-Client Relationship, Charise Peters

Student Theses

Approximately 90% of justice-involved youth have experienced some form of trauma by the time they become involved in the justice system, and attorneys report being negatively impacted by their work with trauma-exposed populations generally. Yet, research has not focused on how varying degrees of youth trauma can impact attorney decisions and if that differs based on youth race. This study, therefore, explored vicarious trauma and its impact on juvenile defense attorneys, including how an attorney’s experience of vicarious trauma impacts case handling and perception of their youth client and how that differs based on client race and trauma history. We …

The Role Of Female Offenders In Sex Trafficking Rings, Caroline Johnson

Sociology and Criminology Undergraduate Honors Theses

This study examines the role of female offenders in sex trafficking rings. Using the Human Trafficking Study database, I found 502 cases that had clear information coded about convictions, sentences, and genders. It was hypothesized that women typically receive a lower sentence than men do. Bivariate analysis revealed that to be true. In addition, I compared conviction rates between the two genders, finding that women are more likely to plead guilty in comparison to men.

Using a smaller sample with additional information, I also isolated the roles that women play in a sex trafficking ring. I found that 48% were …

The College Admissions Process For Returning Citizens And Ex-Offenders At A Small, Private Midwestern College, Donna Bradley

Dissertations

It is well-known that higher education faces the challenge of declining enrollment, particularly post-COVID. However, there is a population of students that higher education institutions may overlook, returning citizens and ex-offenders. Reintegration is a challenging endeavor for returning citizens and ex-offenders, without regard to the length of incarceration or the circumstances surrounding system-involvement. They face barriers and stigmatization while attempting to achieve some sense of normalization post-incarceration, including the pursuit of higher education. Using mixed methodology, specifically a qualitative case study and descriptive statistics, the extant research examined the college admission process for returning citizens and ex-offenders through the lens …

Sro Roles And Teacher Behavioral Intervention Strategies: An Analysis On Behavioral Approaches And Student Suspensions., Ivan Benitez

Electronic Theses and Dissertations

Recently there have been nationwide calls for schools to end their contracts with local police departments in efforts to remove school resource officers (SROs) due to their criminalizing effect on students. Aiming towards racial equity in safety and discipline, advocates have suggested re-envisioning discipline through a restorative lens to minimize student harm. One approach which has been promising in student outcomes are behavioral intervention strategies. The current study contributes to the literature by examining the direct effects of SRO roles and teacher behavioral intervention strategies on student suspensions. Using factor analysis, I found three SRO roles: law enforcement officer, mentor, …

Let's Get Real: Weak Artificial Intelligence Has Free Speech Rights, James B. Garvey

Fordham Law Review

The right to free speech is a strongly protected constitutional right under the First Amendment to the U.S. Constitution. In 2010, the U.S. Supreme Court significantly expanded free speech protections for corporations in Citizens United v. FEC. This case prompted the question: could other nonhuman actors also be eligible for free speech protection under the First Amendment? This inquiry is no longer a mere intellectual exercise: sophisticated artificial intelligence (AI) may soon be capable of producing speech. As such, there are novel and complex questions surrounding the application of the First Amendment to AI. Some commentators argue that AI …

“Together We Arrived And Together We Shall Leave”: The Gouverneur Parents Association And The Politics Of Race And Disability In Postwar New York, Jorge A. Matos

Publications and Research

This essay documents the history of the Gouverneur Parents Association (GPA), a group of mostly Black and Latinx parents whose disabled children were institutionalized at the Gouverneur Division of the infamous Willowbrook State School in New York City. The GPA, in coalition with Black, Latinx, and White parents and activists, led a campaign during the 1970s and 1980s to close Willowbrook, then part of a national network of sites denounced by disability activists during the heyday of the deinstitutionalization movement. In this essay I argue that the postwar migration of Black and Latinx communities into New York City amid an …

The Judicial System’S Unjust Relationship With Attorney-Client Privilege: How Judges Knowingly (And Erroneously) Abrogate Important Contractual Arrangements In Corporate Transactions, Edward S. Adams

Michigan Business & Entrepreneurial Law Review

A Delaware court has recently recognized the need to enforce contracts that delineate where the attorney-client privilege rests after an asset transfer. This Article will argue that courts across the country should recognize the important and legitimate reasons for this type of decision. Part I will review how the attorney-client privilege functions for corporations and how courts respect the importance of the privilege in other contexts. Part II will review the fundamental corporate changes in which these questions can arise and situations in which courts choose to recognize the importance of protecting the attorney-client privilege. Part III will argue that …

Minimum Deadly Contacts, Jesse Noltimier

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

Domestic violence is a national epidemic. Roughly one in three women will experience some form of domestic violence during their lifetime. Women are also seventy times more likely to be killed in the two weeks after leaving their intimate partner than at any other time during their relationship. Thus, it is not surprising that the only safe haven available to those who escape their abusers is often located outside of the state where the violence occurred. The difficulties do not end once a survivor moves to another state. If she wants to obtain a lifesaving domestic violence protection order, she …

Brady Lists, Rachel Moran

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

Brady lists, named after the Supreme Court’s 1963 decision Brady v. Maryland, are lists some prosecutors maintain of law enforcement officers with histories of misconduct that could impact the officers’ credibility. The lists serve as tools for prosecutors to track officer misconduct and disclose that information to defense counsel where appropriate. Although Brady lists have existed in some form for decades, they have garnered considerably more attention and controversy in the past several years. Brady lists are the subject of extensive media interest and litigation, but surprisingly little legal analysis or scholarship. This article provides a thorough examination into laws …

Critical Race Feminism, Health, And Restorative Practices In Schools: Centering The Experiences Of Black And Latina Girls, Thalia González, Rebecca Epstein

Michigan Journal of Gender & Law

Restorative practices (RP) in K-12 schools in the United States have grown exponentially since the early 1990s. Developing against a backdrop of systemic racism, RP has become embedded in education practice and policy to counteract the harmful and persistent patterns of disparities in school discipline experienced by students of color. Within this legal, social, and political context, the empirical evidence that has been gathered on school-based restorative justice has framed and named RP as a behavioral intervention aimed at reducing discipline incidents—that is, an “alternative” to punitive and exclusionary practices. While this view of RP is central to dismantling discriminatory …

Jail Health And Early Release Practices, Brandon L. Garrett, Deniz Ariturk, Jessica Carda-Auten, David L. Rosen

William & Mary Bill of Rights Journal

Local jails in the United States incarcerate millions of people each year. The COVID-19 pandemic made jail health a pressing public health concern nationally, where releasing individuals from jails occurred across the country in order to prevent pandemic spread. But releases also faced substantial resistance and exposed long-standing challenges in delivering adequate healthcare in jail settings. People in jail have substantially higher levels of medical need than individuals in the general population, with large numbers having serious mental illnesses and substance use disorders. Further, overcrowded conditions and poor healthcare standards and delivery make jails harmful to those already-vulnerable people. What …

Crime Across The Ages: An Examination Of Intergenerational Crime And Recidivism Among Serious Juvenile Offenders, A'Maiya Brown

Criminology & Criminal Justice Theses - Archive

Although prior research has studied whether parents and their criminal histories impact a juvenile’s likelihood to commit crime, there has been little examination of whether the criminal histories of family members impact the likelihood of rearrest for juveniles who have already committed serious crimes. Using data from the Pathways to Desistance study (Pathways), this study examines the relationship between the criminal history of family members (i.e., mother, father, and other family members living within the home) and rearrest rates of participants. Results from negative binomial regressions reveal that the arrest records of the mother and father do have a significant …

173rd Commencement, Fall

Commencement Programs

No abstract provided.

Committed To Commitment: The Problem With Washington State’S Involuntary Treatment Act, Hannah Garland

Washington Law Review

Washington State utilizes the Involuntary Treatment Act (ITA) to civilly commit individuals experiencing behavioral health crises. Although civil commitment involves stripping away fundamental rights, it receives less attention than criminal incarceration. The ITA is meant to protect not just the general community, but also the rights of people with behavioral health disorders who utilize the ITA system. Yet, its implementation tells a different story. Individuals in King County are detained and committed repeatedly, without receiving consistent care. Furthermore, the ITA disproportionately impacts unhoused individuals and Black individuals. As the ITA continues to grow both in utilization and expense, other community-based …

The Anti-Racist Pedagogical Approach To Jane Eyre And The Victorian Novel, Jazmine Casas

Honors Theses

No abstract provided.

Portland Street Response: Year Two Mid-Point Evaluation, Greg Townley, Emily K. Leickly

Homelessness Research & Action Collaborative Publications and Presentations

Executive Summary Excerpt:

Overview of the Program Portland Street Response (PSR), a program within Portland Fire & Rescue (PF&R), assists people experiencing mental health and behavioral health crises. The program operates daily from 8 AM to 10 PM and responds to calls throughout the city of Portland. The team consists of mental health crisis responders, community health medics, community health workers, and peer support specialists. PSR is dispatched from the Bureau of Emergency Communications (BOEC) when a caller reports one or more of the following and the individual has no known access to weapons and is not displaying physically combative …

Needs-Based Standards Of Practice For The Use Of Forensic Genetic Genealogy In Investigations Of Violence Toward Marginalized Victims, Anthony Redgrave

Doctor of Education Program Dissertations

The purpose of this qualitative narrative study was to identify strategies by which forensic genetic genealogy can be applied to cases of unidentified decedents who are from marginalized populations. Three research questions guided this study: (1) What is each affected group most concerned about regarding the use of forensic genetic genealogy to identify marginalized unidentified decedents or perpetrators of violent crime against marginalized group members?, (2) How have the past experiences of individuals in the affected groups contributed to their stance on the use of forensic genetic genealogy?, And (3) How do stakeholders’ opinions on the use of forensic genetic …

The Role Of Social Bonds, Self-Control, And Specific Interventions On Outcomes For Serious Juvenile Offenders, Tina Fowler

All Dissertations

Hirschi’s (2008) Social Control theory posits that the strength or weakness of social bonds (i.e., attachment, commitment, involvement, and belief) may impact the likelihood of offending. Youth who enter the juvenile justice system often have weakened social bonds to family, school, peers, and the community, which may contribute to a higher likelihood of offending, future involvement in the juvenile justice system, and other negative outcomes. The current study examined the impact of social bonds, self-control, and specific interventions on offending among a sample of serious juvenile offenders from the Research on Pathways to Desistance dataset. This longitudinal dataset includes a …

Prophylactic Profit: The One-Sided Compromise, Arash Aalem

University of the Pacific Law Review

No abstract provided.

Strong Brand, Weak Norm: The Responsibility To Protect In Practice, Jerry Fowler

North Carolina Journal of International Law

No abstract provided.

Family Strengths And Immigration

Journal of Family Strengths

This special issue is dedicated to issues related to the intersection of immigration, associated risks, and family strengths. Although documentation of experiences of immigrants with justice and child welfare systems has increased over the last five years[1], there remains much to be documented to facilitate an understanding of the challenges that immigrant families face and their strengths in overcoming risks. For example, the need for placement and care for unaccompanied, refugee, and immigrant children has grown exponentially and placed a strain on the already under-resourced child placing and foster care systems.[2] These youth are often less considered …