Digital Commons Network^™

Book Review Of The Rage Of Innocence: How America Criminalizes Black Youth & Just Pursuit: A Black Prosecutor’S Fight For Fairness, Peter A. Joy

Journal of Legal Education

No abstract provided.

Review Of Cannabis Use Among Aboriginal And Torres Strait Islander People, Julia Butt, Mandy Wilson, Jocelyn Jones, Simon Lenton

Journal of the Australian Indigenous HealthInfoNet

The health effects of cannabis use may not always be seen as a high priority for Aboriginal and Torres Strait Islander communities. However, the impact of cannabis use on physical and mental health can have significant consequences. It is known that the use of high potency cannabis has increased over the last two decades, with a corresponding increased risk to health. In particular, young people are at increased risk of experiencing harms to mental health. Physical harms to health include effects on the respiratory system, cardiovascular system, an increased risk of cancer, and in-utero effects from maternal use. The review …

Brief Of Professor Brandon Hasbrouck As Amicus Curiae In Support Of Appellant: Bell V. Streeval, Brandon Hasbrouck

Scholarly Articles

The core question raised by this case is whether a federal prisoner serving an unconstitutional sentence can be foreclosed from post-conviction habeas relief by the gatekeeping provisions of § 2255. The Constitution answers that question in the negative through the Suspension Clause. “[F]reedom from unlawful restraint [i]s a fundamental precept of liberty,” and the writ of habeas corpus “a vital instrument to secure that freedom.” Boumediene, 553 U.S. at 739. The importance of the common law writ was such that the Framers specified that it could be suspended only in the most exigent circumstances. U.S. Const. art. I, § …

A Christian Response To Pride Month: Is Pride Revolution Or Carnival?, Donald Roth

Faculty Work Comprehensive List

"Many aspects of the status quo seem rather persistent in the face of otherwise revolutionary pressures, a fact bemoaned by many who are advocating for change."

Posting about ­­­­­­­­processing the celebrations and symbols of Pride Month from In All Things - an online journal for critical reflection on faith, culture, art, and every ordinary-yet-graced square inch of God’s creation.

https://inallthings.org/a-christian-response-to-pride-month-is-pride-revolution-or-carnival/

Technology In The Security Sector: Mexico, Vanessa J. Gutierrez, Melina Ponte, Angiee Rosario, Arleen Castillo, Henry Saldarriaga, Hector Tejeda, Stephanie Reich, Rosemary Barberet

Publications and Research

The use of technology in policing seeks to improve the efficiency and effectiveness of the daily duties police officers may encounter. However, there is mixed empirical data on the use of technology and if it is really contributing to the institutional goals of the security sector, or, if it is contributing to other factors. This report provides an exploratory approach to understanding what information technology is being used in Mexico at the state level, in order to compare where broader application of information technology could make impactful contributions to the security situation in the country.

With a focus on six …

Responding To Pope Francis’ Call For A Global Compact On Education: Insights From Interviews By The Global Catholic Education Project, Quentin Wodon

Journal of Global Catholicism

In September 2019, Pope Francis suggested the need for a Global Compact on Education to renew our passion for a more open and inclusive education. He called for a broad alliance “to form mature individuals capable of overcoming division and antagonism, and to restore the fabric of relationships for the sake of a more fraternal humanity.” The Pope called for seven commitments: (1) to make human persons the center; (2) to listen to the voices of children and young people; (3) to advance the women; (4) to empower the family; (5) to welcome; (6) to find new ways of understanding …

A Dog's Bark To Act As A Nark, Bailey R. Geller

Arkansas Law Review

This Comment therefore advocates for systemic reconsideration of dog scent lineups at trial. It will not claim that all dog scent lineups are flawless, particularly given the slipshod manner in which many are performed. But dog scent identifications are increasingly more valuable than our legal system currently acknowledges when they are properly conducted. They should be admissible.

Vengeance Is Mine How Religious Southern White Supremacy Shaped The Prison Industrial Complex, Kristen Davis

Venture: The University of Mississippi Undergraduate Research Journal

White supremacy and the prison industrial complex have a long history of reinforcing one and other. Throughout this history Southern white religious groups have co-opted Christianity to inform their beliefs on crime and punishment. As a result, social, political, and economic efforts to maintain religious white supremacist ideals have bled into and shaped the criminal justice system. This research explores the evolution of these groups’ impact starting with American slavery and ending with the present day by assessing the strategic integration of Christianity, white supremacy, and the politics of crime. This chronological analysis reveals historical foundations as well as modern …

Burl Cain, Angola, And Parchman: The National Institution Of Slavery, Cameron Dougherty

Venture: The University of Mississippi Undergraduate Research Journal

Former warden of the Louisiana State Penitentiary and current commissioner of the Mississippi Department of Corrections Burl Cain’s career has drawn national attention for his supposed heraldry of penal reform. Having declared himself to be fulfilling a divinely mandated mission, Cain has frequently cited his criteria of a “good prison: good playing, good praying, good food and good medicine.”1 This article seeks to critically examine these criteria as they relate to Cain’s tenures in both Louisiana and Mississippi while answering the following question: what is the human impact of Burl Cain’s approach to wardency? Despite his focus on the provision …

The Child Welfare Workforce Crisis – What We’Re Hearing From The Field, Quality Improvement Center For Workforce Development

Other QIC-WD Products

The Quality Improvement Center for Workforce Development (QIC-WD) and the National Child Welfare Workforce Institute (NCWWI) in collaboration with the Capacity Building Centers for States, Tribes, and Courts, recently worked with representatives of the Children’s Bureau to listen to concerns of state child welfare and human resources (HR) leaders about the child welfare workforce. This blog post highlights what leaders (representing 29 states) described as their biggest concerns and what strategies agencies have put in place to reduce turnover and improve the applicant pool. We have also included links to information about evidence-informed efforts that could help jurisdictions address some …

Snitches Cause Stitches: The Need For Legislative Reform On Jailhouse Informant Testimony Laws, Jennifer Sutterer

Journal of Legislation

No abstract provided.

Sex Offender Legislation Ex Post Facto: The History And Constitutionality Of Michigan's Sex Offenders Registration Act, Alexander W. Furtaw

Journal of Legislation

Is Michigan’s Sex Offenders Registration Act (“MSORA”) constitutional? Until 2016, courts routinely said yes. In 2016, the Sixth Circuit in Does #1–5 v. Snyder held that the statute was an unconstitutional ex post facto law. In 2021, the Michigan Supreme Court echoed the Sixth Circuit’s holding in People v. Betts. In response, the Michigan legislature passed Public Law 295 of 2020 to amend MSORA, and courts treat the amended act as a “new” statute. Critical analysis of the amended statute’s legality is difficult because the state legislature has seemingly ignored constitutional issues with statutory proposals until after the fact, and …

Clark Memorandum: Spring 2022, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• General Joseph Smith and His Candidacy for the Presidency of the United States
• Leadership Lessons from the Life of Dallin H. Oaks
• Flunking the Founding
• Seven Lessons from the Life of Rex Lee

Deprivation Of Liberty Relating To Detention In Irish Residential Care Centres For The Older Person; A Legal And Ethical Analysis, Florence Horsman Hogan

Theses

People enter residential care for a wide variety of reasons, with many people stating they would prefer to live in their own homes. Lack of community resources may lead to an older person entering residential care against their stated will and preferences. Recent case law in Ireland has established that outside of the Mental Health Act (2001) and for infection control purposes the 1947 Health Act, there is no legal provision in Irish healthcare which allows for a person to be detained against their will. The Assisted Decision Making (Capacity) Act 2015 is a key piece of legislation to enable …

Vol.49 N.47 June 16th 2022, Voice Media Ventures

Black Voice News

No abstract provided.

Understanding The Association Between Well-Being And College Continuation: A Mixed Methods Case Study, Ariella S. Panek

Theses and Dissertations

Well-being is a catchphrase that is pervasive in higher education. Many institutions claim to be investigating well-being so that students are supported in more comprehensive ways. Few studies, however, examine well-being via a multidimensional perspective that views the student as multifaceted with complex well-being relationships, nor within the community college setting where there are diverse students with increased challenges and fewer resources. This mixed methods case study examined how the concept of well-being is associated with college continuation and sought to understand how the presence of well-being is related to retention and persistence. The findings concluded that students generally lacked …

The Supreme Court's Draft Abortion Decision Overturning Roe V. Wade: How Originalism's Rejection Of Family Formation Rights Undermines The Court's Legitimacy And Destabilizes A Functioning Federal Government, Kari Hong

Montana Law Review Online

No abstract provided.

A (Partial And Principled) Defense Of Sentences Of Life Imprisonment, Mirko Bagaric, Jennifer Svilar

Cleveland State Law Review

There has been more than a five-fold increase in the number of life sentences in the United States over the past four decades. One in seven prisoners in the United States is serving a life (or virtual) life sentence. This amounts to over 200,000 prisoners. The increase has occurred against the backdrop of near universal condemnation by scholars and public policy advocates – many of whom are now advocating for the abolition of life sentences. Arguments that life sentences are not an effective deterrent or means of protecting the community have some merit. Yet, we argue that in a limited …

Late To The Crowd: How Ohio's Crowdfunding Bill Fails To Achieve Inclusiveness And Efficiency, Nathan E. Hill

Cleveland State Law Review

Almost half of all small and medium sized businesses within the United States fail within the first five years. One of the main contributing factors to that failure is the inability to raise enough money to operate. While there are many ways for businesses to raise operating capital, the most accessible and sometimes the most efficient way is through a process called equity-based crowdfunding—the offering of shares in exchange for an investment raised through an online portal. In 2012, after seeing the success of equity-based crowdfunding in other countries, the United States passed the Jumpstart Our Business Startups Act (JOBS …

Innocent Until Proven Arrested: How Pretrial Juvenile Detention For Nonviolent Offenders In Ohio Inflicts Constitutional Violations, Taryn Schoenfeld

Et Cetera

When a juvenile is accused of committing a crime in Ohio, juvenile court judges must determine whether to detain the child pretrial in a juvenile jail or permit the child to go home to await trial. Whereas alleged adult offenders have the right to pay a monetary bond to be released from jail pretrial, juveniles have no such right. Thus, once a judge makes the decision to detain a juvenile pretrial—prior to being adjudicated delinquent of any crime—it is difficult for that decision to be undone. While incarcerated, juveniles suffer irreversible psychological, emotional, mental, and social harms, despite juvenile courts …

Reclaiming The Right To Consent: Judicial Bypass Mechanism As A Way For Persons With Disabilities To Lawfully Consent To Sexual Activity In Ohio, Melissa S. Obodzinski

Cleveland State Law Review

In Ohio, it is a criminal offense to engage in sexual conduct with another when his or her ability to consent is “substantially impaired” because of a mental or physical condition. There is no mechanism for persons with intellectual and/or developmental disabilities to receive judicial notice of whether their ability to consent is “substantially impaired” prior to criminal adjudication, nor is there a way for them to affirmatively prove that they have the capacity to consent to sexual activity. Thus, under Ohio law, intellectually and/or developmentally disabled individuals may be functionally and irrevocably barred from engaging in sexual intimacy for …

Snitch. Snake. Mole. Books.: Examining Responses To “Insider/ Outsider” Researchers In Corrections, Talisa J. Carter, Chelsea Thomson

Qualitative Criminology (QC)

Qualitative researchers face unique challenges when conducting original data collection within facilities of confinement. These challenges are shaped by a range of factors including the study’s research design, researcher identity, and organizational climate of the facility. Although the barriers of data collection in corrections are known, literature providing context, nuance, and recommendations for overcoming these obstacles is sparse, especially for qualitative fieldwork. This work addresses this gap by examining responses of correctional employees to observational research. During data collection, correctional staff called the primary author “snitch,” “snake,” “mole,” and “Books.” This paper investigates these labels and offers suggestions on how …

“Leave Your Pain Here”: An Illustration Of Therapeutic Jurisprudence Through The Remarks Of Judge Rosemarie Aquilla From The State Of Michigan V. Larry Nassar, Leah Kaylor, Terri L. Weaver, Katherine Kelton

Qualitative Criminology (QC)

Dr. Lawrence Nassar was the national medical coordinator of the United States of America Gymnastics (USAG), gymnastics team physician/assistant professor at Michigan State University, and the USAG artistic team physician who sexually abused many young women and children under the guise of medical treatments. In an unprecedented legal event, Judge Aquilina allowed anyone who had been impacted by Nassar’s abuse to participate in the pre-sentencing phase by reading a victim impact statement. Judge Aqualina listened to 156 impacted speakers and responded with personalized messages. This paper will examine Judge Aquilina’s responses to the victim impact statements through the lens of …

Using A Trauma-Informed Practice Framework To Examine How South Australian Judges Respond To Trauma In The Lives Of Aboriginal Defendants, Katherine J. Mclachlan

Qualitative Criminology (QC)

This article uses a trauma-informed practice framework to examine how South Australian superior court judges acknowledge defendant trauma when sentencing Aboriginal defendants. Trauma-informed sentencing requires that judges realise the presence of trauma, recognise its relevance, respond in a way that is informed by trauma and act to avoid re-traumatisation. By analysing sentencing remarks of 42 defendants identified as Aboriginal, the presence of trauma-informed practice was explored, in terms of judicial decision-making, the sentencing process and the sanction imposed. While not holistic summaries of judges’ reasoning, sentencing remarks are intended to enable the parties and the community to understand sentencing logic. …

White Supremacy And The Future Of Liberal Democracy: The Case Of The Nordic Resistance Movement, Ida Oesteraas

Qualitative Criminology (QC)

In 2015, the largest neo-Nazi organization in Scandinavia, The Nordic Resistance Movement (NRM) registered as a political party and entered electoral politics in Sweden. Utilizing qualitative content analysis, the current work explores changes in NRM’s rhetoric from before the party entered politics in 2010 and five years later in 2018. Focus centers on NRM’s ideology, what or whom they frame as their threat, and their suggested solutions for constructed problems. Results show fascist rhetoric in both time periods. An argument is made that there is no actual moderation in NRM’s politics by liberal democracy. Rather, far-right extremism is a threat …

Defense, Disrespect, And #Deadly: A Qualitative Exploration Of Precursors To Youth Violence Informed Through Hospital-Based Violence Prevention Program Follow Up, Katherine B. Snyder, Ashley Raposo-Hadley, Charity Evans, Ashley Farrens, Jennifer Burt, Gaylene Armstrong, Julie Garman, Lindsey Wylie, Mark Foxall

Qualitative Criminology (QC)

Success of youth violence intervention and prevention effects, particularly for gun violence, will be enhanced when efforts are appropriately informed by the antecedents and context of violence. Youth violence is guided by social and cultural norms that are shifting with the rise of technology. Bullying, gang violence, and self-directed violence is increasingly found to occur in the online space influencing peer groups across contexts. Through focus groups with youth at risk for violence and victimization, this study finds three themes emerge as common precursors to violence: defense of self or others, disrespect of self or family occurring in traditional community-based …

Policing By Proxy: Interrogating Big Tech's Role In Law Enforcement, Claire Elizabeth

University Honors Theses

Predictive policing, sometimes referred to as data-driven or actuarial policing, is a method of policing that uses a risk-based approach to law enforcement. For-profit technology companies market proprietary risk assessment algorithms to law enforcement organizations as tools meant to proactively mitigate crime. Using data collected from a vast array of sources, both personal and public, police are able to "predict" the likelihood of criminal activity in a given area using these algorithms. Proponents claim that risk assessment tools have the potential to fight crime with unbiased accuracy and speed by predicting when, where, and whom to police by relying on …

Facebook For Law Enforcement, Stephen Carlisle

Certified Public Manager® Applied Research

This article introduces what some law enforcement agencies have done to mitigate trust issues by utilizing social media as a form of community policing. There is a silent majority out there that support law enforcement. As a pioneer of using Facebook as a platform for community policing, taking criticism from my law enforcement peers was unavoidable. However, these same peers would turn to Facebook shortly after for personal and professional use. The key is to reach out and to educate the public to help gain trust in law enforcement, and using modern social media platforms to reach the masses only …

The Road Map To Attaining Diversity In The Workplace: How Race-Conscious Admissions Programs In Education Can Lead The Way, Nancy L. Zisk

San Diego Law Review

This Article … considers the tension that exists between the goal of achieving diversity in United States’ classrooms and workplaces in light of the limitations placed on the consideration of a person’s race, color, gender, or ethnicity and the differences in the law that controls employment and education. Section II reviews the constitutional and federal guarantees of equal protection across all sectors of society, focusing specifically on education and the workplace. Section III examines the current standard for the permissible consideration of race in university admissions programs, which stands in stark contrast to the impermissible consideration of race in employment …

Incarcerated Men’S Perceptions Of The Prison Environment: An Exploratory Study, Melissa J. Stacer

Midwest Social Sciences Journal

The punitiveness of prisons is considered necessary for deterrence, but there is also a societal expectation that prisons will also rehabilitate. Scholars have examined whether prisons are ideal environments for rehabilitation from the perspective of the inmate, though this work largely focuses on measurement issues related to the scales used to measure offenders’ perceptions. The current research expands upon this by asking a sample of 154 incarcerated men from three different correctional facilities in the Midwestern United States what they think about their current correctional environment using the Prison Environment Scale (PES) and focusing on the answers provided by those …