Digital Commons Network^™

Chapter 79: The Least-Worst Option For Utility Customers In The Aftermath Of Devastating Wildfires, Maddy Orlando

University of the Pacific Law Review

No abstract provided.

Note From The Chief Managing Editor, Dj Mico

University of the Pacific Law Review

No abstract provided.

Introducing The Warren Court’S Criminal Procedure Revolution: A 50-Year Retrospective, Michael Vitiello

University of the Pacific Law Review

No abstract provided.

Warren Court Incrementalism And Indigent Criminal Appellants’ Right To Trial Transcripts

University of the Pacific Law Review

Hannah Bogen** TABLE OF CONTENTS

I. THE CONSTITUTIONAL RIGHT TO TRANSCRIPTS 673

A. Conditioning the Right on Issue Identification . 675

B. A Transcript or A Substitute for Federal Criminal Appeals? 693

II. CONCLUSION 697

The Bluegrass Reentry Council Strategic Plan, Sydney Geiger

MPA/MPP/MPFM Capstone Projects

The overcrowding of jails and prisons and high recidivism rates are issues America is facing nationwide. Successful reentry into society following incarceration is a solution to this crisis. In response, in 2011, the Kentucky legislature passed House Bill 463 which mandated reentry councils across the state. The purpose of the councils are to address the current issues facing citizens returning from the justice system, develop a network of resources and service providers within their home area, and communicate and advocate for returning citizens by communicating issues to the community and their leaders.1 This analysis will develop a strategic plan for …

Defining, Differentiating, And Describing The Development Of Psychopathy, Kelly Haines

Capstone Showcase

Psychopathy is a popular phenomenon in the media today, with varying research on what the disorder truly entails. Psychopathy is described as a personality disorder that is categorized by antisocial behavior, lack of remorse and empathy, and egotistical traits. There are many similarities found between psychopathy and other similar disorders, such as sociopathy and antisocial personality disorder. ASPD is the clinical diagnosis that psychopathy and sociopathy both fall under. There are many different theories and areas of research taken into account for the development of psychopathy. The nature vs nurture debate has been closely aligned with this subject of research. …

Rural Prison Politics: The Impact Of Correctional Facilities On Community Voting Behavior In California, Corey Smith

Scripps Senior Theses

This thesis explores how the building of a prison impacts local political behaviors and public opinion. Economic development during the late 20th century left agricultural and manufacturing based regions of the United States struggling to maintain a reliable sense of financial prosperity, thereby propelling rural regions into the prison-building business. In this thesis, I analyze the voting data of five rural Californian towns concerning Proposition 7 (1978) and Proposition 47 (2014). Through this data analysis and a synthesis of the literature on prison host communities, this thesis investigates whether the construction of a prison has influenced political action regarding prison …

Individualized Proportionality And The Experience Of Punishment: An Emergent Paradigm For Canadian Sentencing?, Benjamin Berger

All Papers

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 — the epigraph to this chapter points to the ethical heart of a distinctive and important development in Canadian sentencing law. It involves an approach that has already disrupted certain elements of contemporary sentencing practice, and it is one that, depending on how sentencing judges embrace it, may open up new futures in Canadian sentencing. This development is the emergence of individualized proportionality as the …

Sentencing Disparities And The Dangerous Perpetuation Of Racial Bias, Jelani Jefferson Exum

Faculty Publications

This Article addresses the role that racial disparities— specifically sentencing disparities—play in perpetuating the racial bias that increases the daily danger of living as a Black American in the United States. As documented in the news and by sometimes humorous internet memes, White people have called the police many times to report Black people who were simply living as any other American. This trend highlights the manner in which the U.S. criminal justice system’s racial inequities feed into biased beliefs about Black criminality. This Article argues that instead of tackling implicit bias as a means to fight sentencing and other …

Convictions As Guilt, Anna Roberts

Faculty Publications

A curious tension exists in scholarly discourse about the criminal legal system. On the one hand, a copious body of work exposes a variety of facets of the system that jeopardize the reliability of convictions. These include factors whose influence is pervasive: the predominance of plea bargaining, for example, and the subordination of the defense. On the other hand, scholars often discuss people who have criminal convictions in a way that appears to assume crime commission. This apparent assumption obscures crucial failings of the system, muddies the role of academia, and, given the unequal distribution of criminal convictions, risks compounding …

Secrecy & Evasion In Police Surveillance Technology, Jonathan Manes

Journal Articles

New technologies are transforming the capabilities of law enforcement. Police agencies now have devices to track our cellphones and software to hack our networks. They have tools to sift the vast quantities of digital silt we leave behind on the Internet. They can deploy “big data” algorithms meant to predict where crimes will occur and who will commit them. They have even transformed the humble closed-circuit video camera—and its more recent companion, the body camera—into biometric tracking devices equipped with artificial intelligence meant to pick faces out of a crowd and, eventually, to mine gigabytes of stored footage to automatically …

Selective Incompatibilism, Free Will, And The (Limited) Role Of Retribution In Punishment Theory, Luis E. Chiesa

Journal Articles

No abstract provided.

Liberalism's Identity Politics: A Response To Professor Fukuyama, Athena D. Mutua

Journal Articles

No abstract provided.

Academic Law Library Director Status Since The Great Recession: Strengthened, Maintained, Or Degraded?, Elizabeth G. Adelman, Karen L. Shephard, Richard J. Patti, Robert M. Adelman

Journal Articles

The status of the academic law library director is central to the educational mission of the law library. We collected data from 2006 to 2016 showing a 25 percent decrease in tenure-track directorships. We also found one in four changes in directorships since 2013 resulted in the new director having a degraded status compared to her predecessor.

Beyond Policing, India Thusi

Books & Book Chapters by Maurer Faculty

We all deserve to live in communities where we feel safe

And true community safety means feeling safe from violence by the state, which includes the police. Social inequity has systematically and institutionally permeated our country since its founding, becoming more visible at various times in our history. We are now living in one of those moments of tremendous clarity, and it calls on us to look deeply at the efficacy of the reforms and narratives which preceded it . The deadly consequences of political decisions that create health disparities are now a wound that cannot be unseen as the …

Tennessee Felon Population Update, January 2020, Tennessee. Department Of Correction.

Felon Population Reports

No abstract provided.

Office Of Criminal Justice Programs Annual Report Fy 2018/2019, Tennessee. Department Finance & Administration.

Office of Criminal Justice Programs

No abstract provided.

The Debt Paradox: In Debt But Society Owes You A Debt--An Exoneree's Path To Holistic Relief Through The Bankruptcy System, Dru Selden

Emory Bankruptcy Developments Journal

What do the bankruptcy system and the criminal legal system have in common? Both aim to provide fresh starts to those who have moved through them. The bankruptcy system does so by rewarding honest but unfortunate debtors with discharge from debt. The criminal legal system attempts to provide a fresh start through reentry programs to those exiting prison. Yet neither system successfully ensures a blank slate, which is in part due to the history of racial bias in both systems. A limited subset of debtors benefits from the bankruptcy system, while the criminal legal system makes reentry very difficult for …

Changing The Story: Evaluation Results Of An Opioid Awareness Teach-In, Kerri Lynn Knippen, Kristina N. Lavenia, Melissa W. Burek

Mid-Western Educational Researcher

Teach-Ins have historically been used as a way for educators to raise knowledge and awareness around an urgent social problem. We report findings from an action evaluation of the Bowling Green State University (BGSU) Opioid Awareness Teach-In, which was designed to (a) make clear that the BGSU community believes we can work to change the story of the opioid epidemic in northwest Ohio and (b) raise awareness of resources available for those struggling with opioid dependence in our community. Campus wide, anonymous questionnaires administered to students, faculty, and staff before (n = 275) and after (n = 140) the Teach-In …

Immigration And Crime Across Southern Us Border: The Effect Of Latino Immigration On Violent Crime, Matthew Hohman

Williams Honors College, Honors Research Projects

In the United States, most lay citizens could voice an opinion on the effect of immigration in the United States. However, these opinions are generally only focused on Latino immigration entering the country across its Southern border from Mexico and Caribbean countries, such as Cuba and Haiti. Increased media coverage on this topic in recent decades has fueled this debate and made it a center stage topic in political agendas. This study aims to shed light on this issue by researching the true effect of Latino immigration, as well as total immigration, across the United States’s Southern Border. To account …

The Economic Impact Of Illegal Immigration On The United States, Bryan Bixler

Williams Honors College, Honors Research Projects

This analysis looks specifically at the economic effect of illegal immigration on the United States. This review and comparison of multiple sources looks at the impact illegal immigration has on a small scale such as communities at the local level all the way up the large scale at the federal level. It assesses some of the contributing factors that play a role in the effect illegal immigration has on the economy such as healthcare and crime rate. This study also compares estimates of the illegal immigrant population in the country over the past few decades to determine how the number …

Causes, Prevention, And Macro-Level Effects Of Juvenile Substance Abuse, Nicole Neiman

Williams Honors College, Honors Research Projects

This project will evaluate the prevalence, types, causation, and effects of juvenile substance abuse. Looking into this, the reader can understand the factors that lead to juvenile substance abuse and the further affects that juvenile substance abuse can have on the user, the juvenile justice system, the community, and society as a whole. Some of the factors to be taken into consideration include physical/sexual abuse, mental health disorders, familial situations, socioeconomic status, age, gender, peer influence, and other demographics. Furthermore, the reader will also understand how juvenile substance abuse relates to crime. Research will be done to review the drug-crime …

The Mainstreaming Of Sex Workers' Rights As Human Rights, Chi Adanna Mgbako

Faculty Scholarship

No abstract provided.

Blue States, Red States: The United States?, Catherine Powell

Faculty Scholarship

No abstract provided.

The Dsm–5 Section Iii Personality Disorder Criterion A In Relation To Both Pathological And General Personality Traits., Chelsea E. Sleep, Brandon Weiss, Donald R. Lynam, Joshua D. Miller

Department of Psychological Sciences Faculty Publications

Following the introduction of the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM–5), section III alternative model of personality disorder, much of the empirical attention has been directed toward testing the performance of Criterion B (i.e., pathological traits). Much more recently, with the development of assessment tools related to Criterion A (i.e., personality impairment), a burgeoning literature base is forming for it as well. A closer look at the Criterion A component, however, reveals disagreements around its structure, discriminant validity, ability to distinguish between personality-based and nonpersonality-based forms of psychopathology, overlap between the two criteria, and incremental validity. …

Empathy Through Inquiry: The Weaving Of (Post) Qualitative Inquiry Into Design, Preston Tyler Kelly

Wayne State University Dissertations

Learning design is moving toward more human-centered design methodologies. One key component of human-centered design is empathy. To have empathy, designers must understand their learners as people and “how they show up as learners” within our learning experiences. To do this, designers need to do learner research. One way to do this inquiry work might be to take up post qualitative inquiry because so many of the key tenets of design thinking and post qualitative methodologies are similar.

Through interviews within a post qualitative framework, this project looks at how designers go about this design research to understand their learners. …

Beyond The Rainbow: Predicting Intra And Intergroup Political Attitudes Of Latinx And Black Americans And The Potential For Cooperation And Conflict, Randall Wyatt

Wayne State University Dissertations

This dissertation uses social psychological theory and methods to better understand the political attitudes of whites, Blacks, Latinx Americans and Asian Americans in the contemporary United States. Using quantitative methodology and survey research, I estimate the potential for cooperation and conflict between racial minorities and the political implications that these measures may have. I show that perceptions of competition with immigrants are strongly associated with anti-immigration preferences even among racial minorities such as Blacks and Latinx Americans, of who have a long history of migration to the United States. However, I also show that there is potential for interracial cooperation …

Healing Centered Engagement Of Black Survivors Of Sexual Trauma In Marion County, Indiana, Jillian Jay Watts

Selected Social Change Portfolios in Prevention, Intervention, and Consultation

Trauma is a manifestation of the pain and experiences that holistically impact an individual physically, mentally, emotionally, intellectually, and interpersonally. One element of trauma that is in need of exploring is its impact collectively. That is, the shared hurt by a community that transcends a personal silo. In particularly in the Black community, an ethnically marginalized community, this injury has a history of being “politically instigated…with aims at inflicting collective injury against certain groups thus undermines a collective wellbeing of a people” (as cited in Annie, 2020). This social phenomena, combined with personal experiences sexual violence that disproportionately impact …

Young Adult Addition To Opioids And Synthetic Opioids In Atlanta, Georgia, Jennifer Gaul

Selected Social Change Portfolios in Prevention, Intervention, and Consultation

The drug epidemic in the United States has grown significantly with increased drug overdose deaths quadrupling from 1999 to 2018 (Centers for Disease Control and Prevention (C.D.C.), 2019). Of those deaths by overdose in 2018, 70% were from an opioid. The trend in opioid misuse has shown the use of non-medical prescription opioids (P.O.s) is increasing with adolescence (mean age 16.8), in which 83% will transition to use heroin within four years (Guarino, Mateu-Gelabert, Teubl, & Goodbody, 2018). The rate of using heroin has doubled over the last decade for young adults, age 18-25-years-old. The county in Atlanta I live …

The Relationship Of Legal History To Mood And Substance Abuse Symptoms Among Homeless Men And Women In A Residential Recovery Program, Lily A. Mkhitarian

Theses and Dissertations

Homelessness is a devastating experience that impacts hundreds of thousands of individuals in the U.S. each day. It has been widely reported that homeless persons experience higher rates of mental disorder, substance abuse, and physical illness than domiciled individuals. Homelessness is also associated with increased risk of exposure to trauma. In addition, about a quarter of homeless individuals in the U.S. report a history of incarceration. Certainly there are multiple pathways to both homelessness and incarceration. More research is needed on the implications and consequences of having a legal history on homeless persons. The purpose of this archival study was …