Digital Commons Network^™

The Inconvenience Of Justice: How Unmitigated Official Misconduct Almost Destroyed The Lives Of Five Young Boys From Harlem, Stefania Bordone, David Wright

Journal of Race, Gender, and Ethnicity

No abstract provided.

The Methodology Of Social Adaptation Following The Liberation Of A Wrongful Conviction, Ashantwa Jackman

Journal of Race, Gender, and Ethnicity

No abstract provided.

Fraud In Nonprofit Organizations, Haylee Walker

Honors College Theses

This study focuses on the impact that occupational fraud has on the nonprofit sector and how nonprofit organizations react to fraud occurrences. Specifically, it focuses on how often nonprofits choose to prosecute fraudsters. It also explores how the negative publicity surrounding a fraud incident in a nonprofit might affect the subsequent amount of charitable donations that nonprofit will receive. Finally, this study will explore whether or not nonprofits have a fiduciary duty to their stakeholders to prosecute fraudsters and publicize fraud incidents.

Drag Artist Interviews, 2019, Ezra Temko, Adam Loesch

SIUE Faculty Research, Scholarship, and Creative Activity

This public dataset contains transcripts of 22 in-depth semistructured interviews with drag artists. Students conducted these interviews during Spring 2019.

Feeding The Machine: The Commodification Of Black Bodies From Slavery To Mass Incarceration, Cecil J. Hunt Ii

University of Baltimore Law Review

No abstract provided.

Erasing Race, Llezlie Green

Scholarly Articles in Law Reviews & Journals

Low-wage workers frequently experience exploitation, including wage theft, at the intersection of their racial identities and their economic vulnerabilities. Scholars, however, rarely consider the role of wage and hwur exploitation in broader racial subordination frameworks. This Essay considers the narratives that have informed the detachment of racial justice from the worker exploitation narrative and the distancing of economic justice from the civil rights narrative. It then contends that social movements, like the Fight for $15, can disrupt narrow understandings of low-wage worker exploitation and proffer more nuanced narratives that connect race, economic justice, and civil rights to a broader antisubordination …

E.P. Thompson And The Rule Of Law: Qualifying The Unqualified Good, Douglas Hay

Articles & Book Chapters

No abstract provided.

On Emotions And The Politics Of Attention In Judicial Reasoning, Emily Kidd White

Articles & Book Chapters

Legal doctrine regularly requires judges to both understand and use emotions in different ways. This chapter explores the role of emotions in fixing and sustaining judicial attention on the impact of a law on the constitutional rights of an individual or group. That certain forms of wrong or harm, including forms of political and social exclusion, are difficult to detect in the absence of focused attention is, I think, what Elizabeth Bishop’s poem ‘Man-Moth’, excerpted here in epigraph, intends to express. This chapter explores the role of emotions in setting up the serious, sustained inquiry into the impact of a …

Judicial Discretion And The Rise Of Individualization: The Canadian Sentencing Approach, Benjamin Berger

Articles & Book Chapters

“Who are courts sentencing if not the offender standing in front of them?”

The epigraph to this paper points to the ethical heart of a distinctive and important development in Canadian sentencing law. It is drawn from a case in which the Supreme Court of Canada grappled with the signal societal trauma wrought by the operation of the criminal justice system – the travesty of Indigenous over-representation in Canadian prisons. This development involves an approach that has already disrupted certain elements of contemporary sentencing practice in Canada, and it is one that, depending on how sentencing judges embrace it, may …

The Governor’S Clemency Power: An Underused Tool To Mitigate The Impact Of Measure 11 In Oregon, Aliza B. Kaplan, Venetia Mayhew

Lewis & Clark Law Review

In this Article, we analyze the historical use of the clemency power at both the federal and state levels, including the factors that occurred during the 20th century that resulted in both presidents and governors gradually using the power less frequently up until the 1980s. We examine how the “war on crime” and other political and legal changes, including the imposition of new mandatory minimum sentencing laws during the 1980s and 1990s, has led to mass-incarceration at both a national and Oregonian level. We discuss how this new punitive sentencing and incarceration philosophy has resulted in a general souring of …

Reevaluating The Adjudication Of Crimes Involving Moral Turpitude, Colleen Muñoz

Lewis & Clark Law Review

Criminalizing immigration status has tainted the lives of permanent residents in the United States for years. A minor misdemeanor conviction imposes the threat of extreme penalties for noncitizens and their continued residence in the United States. Specifically, a conviction of a crime involving moral turpitude can prevent a noncitizen from seeking admission, threaten deportation proceedings, and jeopardize his or her ability to naturalize as a United States citizen. Crimes involving moral turpitude remain undefined in the Immigration and Nationality Act, causing courts to adjudicate the crimes arbitrarily.

In the absence of statutory or administrative direction, jurisdictions across the United States …

Shadow Credit And The Devolution Of Consumer Credit Regulation, Nathalie Martin, Lydia Pizzonia

Lewis & Clark Law Review

Shadow credit is trending. Shadow credit has all the essential attributes of regular credit except that it is unregulated. It operates in a world in which products and services that look, act, and feel like credit products are deemed to be something that is not actually credit. This legal sidestep is accomplished either by passing industry-friendly legislation or by tweaking the shadow credit product just enough to not be defined as credit, but “something else.” That “something else” is often called a “lease,” an “advance,” or in the case of After- pay, simply a “service.” At its essence, however, it …

Perspectives Of Overage Graduates: Issues That Affected Their Schooling, Dione R. Thomas Webber

UNF Graduate Theses and Dissertations

The purpose of this qualitative study is to examine the perspectives of overage graduates who completed years of schooling as an overage student. The following research question guided this inquiry: From the perspective of graduates who were two-or-three years overage for grade, what social, emotional, academic or other issues affected their schooling? Sequential qualitative interviewing of four participants that completed school overage for grade provided data for this study. The data was analyzed with the use of the constant comparative method and synthesized into emergent themes.

The participants reported their perceptions in the context of four specific areas: Interactions with …

0704: Satellite Network Of West Virginia (Satnet) Records, 1986-2001, Marshall University Special Collections

Guides to Manuscript Collections

The Satellite Network of West Virginia Collection consists of the bulk of documents and other corollaria accumulated by the entity from its inception in 1986 to the time its Director, John H. Buskey, retired from his position early 2001. These documents consist of Minutes and Correspondence, Technical Information, Budgetary Data, Personnel Files, and Work Product, to name several examples. Other corollaria consist of programs found on Videocassette. The Collection is divided into fifteen (15) user-friendly sections as listed in the Table of Contents. In the collection itself, Folders are designated by two different reference numbers. First, Folders are numbered as …

Genetic Evidence, Maoa, And State V. Yepez, Nita A. Farahany, Roderick T. Kennedy, Brandon L. Garrett

Faculty Scholarship

No abstract provided.

Changing The Law To Change Policing: First Steps, Barry Friedman, Brandon L. Garrett, Rachel Harmon, Christy E. Lopez, Tracey L. Meares, Maria Ponomarenko, Christopher Slobogin, Tom R. Tyler

Faculty Scholarship

Recent events have brought to the fore longstanding concerns about the nature of policing in the United States and how it undermines racial equity. As an institution, policing needs significant reconsideration. It is time to rethink the structure and governance of policing. It is also time to engage in a deeper conversation about the meaning of public safety. In the meantime, however, the following is a list of urgently-needed reforms, compiled by a small group of law school faculty, each of whom runs or is associated with an academic center devoted to policing and the criminal justice system. The reforms …

Policing The Schoolhouse, Brandon L. Garrett

Faculty Scholarship

No abstract provided.

Justice In Forensic Algorithms, Brandon L. Garrett

Faculty Scholarship

No abstract provided.

Judging Risk, Brandon L. Garrett, John Monahan

Faculty Scholarship

Risk assessment plays an increasingly pervasive role in criminal justice in the United States at all stages of the process, from policing, to pre-trial, sentencing, corrections, and during parole. As efforts to reduce incarceration have led to adoption of risk-assessment tools, critics have begun to ask whether various instruments in use are valid and whether they might reinforce rather than reduce bias in criminal justice outcomes. Such work has neglected how decisionmakers use risk-assessment in practice. In this Article, we examine in detail the judging of risk assessment and we study why decisionmakers so often fail to consistently use such …

The Costs And Benefits Of Forensics, Brandon L. Garrett

Faculty Scholarship

Supreme Court Justice Louis Brandeis famously wrote that states can be laboratories for experimentation in law and policy. Disappointingly, however, the actual laboratories that states and local governments run are not a home for experimentation. We do not have adequate information about either the costs or the benefits of forensic testing or allocation of resources. Increased spending and expansion of crime laboratories has perversely accompanied growing backlogs. Poor quality control has resulted in a series of audits and even closures of crime laboratories. In response to these problems, however, some laboratories and some entire states have developed new approaches toward …

Protecting Local News Outlets From Fatal Legal Expenses, Nicole J. Ligon

Faculty Scholarship

As lawsuits targeting the press continue to rise in response to today’s political climate, local news outlets are more likely to find themselves facing unexpected legal expenses. Although the national news media can generally weather the costs of libel lawsuits and subpoena requests, smaller news outlets have gone bankrupt or barely escaped such a fate while paying off legal fees, even when these outlets have ultimately been successful in their legal battles. Because local news outlets serve a critical role in underserved communities and are powerful agents of positive social change, they ought to be protected against fatal legal expenses. …

The Transparency Of Jail Data, William E. Crozier, Brandon L. Garrett, Arvind Krishnamurthy

Faculty Scholarship

Across the country, pretrial policies and practices concerning the use of cash bail are in flux, but it is not readily possible for members of the public to assess whether or how those changes in policy and practice are affecting outcomes. A range of actors affect the jail population, including: law enforcement who make arrest decisions, magistrates and judges who rule at hearings on pretrial conditions and may modify such conditions, prosecutors and defense lawyers who litigate at hearings, pretrial-service providers who assist in evaluation and supervision of persons detained pretrial, and the custodian of the jail who supervises facilities. …

Digging Into Algorithms: Legal Ethics And Legal Access, Carla L. Reyes, Jeff Ward

Faculty Scholarship

The current discussions around algorithms, legal ethics, and expanding legal access through technological tools gravitate around two themes: (1) protection of the integrity of the legal profession and (2) a desire to ensure greater access to legal services. The hype cycle often pits the desire to protect the integrity of the legal profession against the ability to use algorithms to provide greater access to legal services, as though they are mutually exclusive. In reality, the arguments around protecting the profession from the threats posed by algorithms represent an over-fit in relation to what algorithms can actually achieve, while the visions …

Juvenile Life Without Parole In North Carolina, Ben Finholt, Brandon L. Garrett, Karima Modjadidi, Kristen M. Renberg

Faculty Scholarship

Life without parole (LWOP) is “an especially harsh punishment for a juvenile,” as the U.S. Supreme Court noted in Graham v. Florida. The United States is the only country in the world that imposes juvenile life without parole (JLWOP) sentences. Many of these individuals were sentenced during a surge in LWOP sentencing in the 1990s. In the past decade, following several Supreme Court rulings eliminating mandatory sentences of LWOP for juvenile offenders, such sentencing has declined. This Article aims to empirically assess the rise and then the fall in JLWOP sentencing in a leading sentencing state, North Carolina, to better …

Understanding The Experiences Of Familiar Identity Theft Victims When A Parent Is The Perpetrator: A Pilot Study, Axton Betz-Hamilton

Consumer Sciences Faculty Publications

Incidents of familiar identity theft are becoming more common, yet limited research has explored the experiences of such victims, particularly those who had their identity stolen by a parent. In this qualitative pilot study, six participants shared their experiences during interviews. Data were analyzed using interpretive content analysis. The following preliminary themes emerged from the data: Not Filing a Police Report, Negative Impacts, Positive Impacts, Social and Demographic Factors, and Helpful Resources. Lessons learned regarding methods and suggestions for future research are provided.

2019 Town Of Deering, New Hampshire Annual Report Of The Town Officials, Departments And Committees., Deering Town Representatives

Deering, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

The Prosecutor As A Final Safeguard Against False Convictions: How Prosecutors Assist With Exoneration, Elizabeth Webster

Journal of Criminal Law and Criminology

Prosecutors have helped secure an unprecedented number of recent exonerations. This development, combined with the rapid emergence of district attorney-initiated conviction integrity units (CIUs) raises several questions. How do prosecutors’ offices review postconviction innocence claims? How do they make decisions about the merits of those claims? How do CIU processes differ from non-CIU processes? This study examines the circumstances surrounding prosecutor-assisted exoneration cases through semi-structured interviews with 20 prosecutors and 19 defense attorneys. It draws from a sample of both CIU and non-CIU prosecutors, thereby enabling comparisons. Respondents were asked about their experiences and decision-making structures in specific, post-2005 exoneration …

Juvenile Life Without Parole In North Carolina, Ben Finholt, Brandon L. Garrett, Karima Modjadidi, Kristen M. Renberg

Journal of Criminal Law and Criminology

Life without parole (LWOP) is “an especially harsh punishment for a juvenile,” as the U.S. Supreme Court noted in Graham v. Florida. The United States is the only country in the world that imposes juvenile life without parole (JLWOP) sentences. Many of these individuals were sentenced during a surge in LWOP sentencing in the 1990s. In the past decade, following several Supreme Court rulings eliminating mandatory sentences of LWOP for juvenile offenders, such sentencing has declined. This Article aims to empirically assess the rise and then the fall in JLWOP sentencing in a leading sentencing state, North Carolina, to …

Family Separation Under The Trump Administration: Applying An International Criminal Law Framework, Reilly Frye

Journal of Criminal Law and Criminology

In April 2018, former Attorney General Jeff Sessions announced the “Zero Tolerance Policy.” The policy significantly increased criminal prosecution of immigrants entering the United States without inspection. Increased adult prosecution directly led to family separation. Parents were sent to federal jail and their children went to the Office of Refugee Resettlement. Neither institution communicated with the other, and the United States government lost track of parents and children. The government separated nearly 3,000 children from their parents, going as far as deporting over 400 parents to their countries of origin while their children remained in the United States. Many of …

Children Are Our Future: Resurrecting Juvenile Rehabilitation Through "Raise The Age" Legislation In Missouri, Brittany L. Briggs

Missouri Law Review

No abstract provided.