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Prejudice-Based Rights In Criminal Procedure, Justin Murray

Articles & Chapters

This Article critically examines a cluster of rules that use the concept of prejudice to restrict the scope of criminal defendants’ procedural rights, forming what I call prejudice-based rights. I focus, in particular, on outcome-centric prejudice- based rights—rights that apply only when failing to apply them might cause prejudice by affecting the outcome of the case. Two of criminal defendants’ most important rights fit this description: the right, originating in Brady v. Maryland, to obtain favorable, “material” evidence within the government’s knowledge, and the right to effective assistance of counsel. Since prejudice (or equivalently, materiality) is an element of these …

Development Of A Strengths And Empowerment Focused Group Intervention For Marginalized Populations With A Focus On Women, Low-Income, And Racial-Ethnic Minorities, Kristin Goradietsky

Theses and Dissertations

Members of marginalized groups face numerous stressors, including racism, discrimination, and a lack of access to quality mental health and medical care. Members of marginalized groups are also at a higher risk of developing mental health issues such as posttraumatic stress disorder, depression, and anxiety. There is a lack of literature regarding effective mental health treatment for members of marginalized groups, including those who are homeless or low income; Black, indigenous, and people of color (BIPOC); and women. A literature review indicated interventions based in empowerment, positive psychology, mindfulness, and critical consciousness may be particularly applicable to vulnerable populations. Therefore, …

Homicidal Loss And Disenfranchised Grief, Mothers Of Murdered Descendants: An Exploratory Qualitative Study, Michael Wayne Eagle

Theses and Dissertations

Violent acts of homicide committed against youth or children can lead to prolonged, devastating, and painful effects on their surviving mothers. Sudden unexpected deaths of descendants can lead to anger, guilt, sorrow, and isolation affecting survivors both emotionally and physically. Descendants’ deaths before the mothers’ deaths are unnatural and can lead to a decline in a survivor’s social actions, a rise in hospitalization rates, higher cases of mortality, complicated grief, and symptoms of PTSD. Cases of disenfranchised grief can surface after a survivor’s loss is ignored or no longer culturally allowed. Instances of empathic failure can result when empathy from …

Developing Active Learning Exercises For Any Content, Cynthia Dickerson, Rachel M. Hopp, Jeffery A. Masters

Pedagogicon Conference Proceedings

Teaching and learning both should be fun, engaging, and impactful in lasting ways. Studies show that student engagement and information retention increases when students are immersed in active learning - hands-on usage of the information. Modern faculty members are seeking methods of incorporating active learning into their teaching, but may not know where to start when creating their own active learning materials. This paper will outline a process for creating new activities. Included are appendices full of creative active-learning formats (hot topics borrowed from primary and secondary education), as well as guidelines on when to use them that will make …

Wrongful Convictions: Not Just An American Phenomenon?: An Investigation Into The Causes Of Wrongful Convictions In The United States, Germany, Italy, And Japan, Erin Schapiro

Emory International Law Review

This Comment first examines the U.S. adversarial system and the causes of wrongful convictions in the U.S. adversarial system. This Comment then examines the German inquisitorial system and potential causes of wrongful convictions in the German inquisitorial system. Then, the Italian hybrid system and the potential causes of wrongful convictions in the Italian system. Finally, this Comment then examines the Japanese hybrid Saiban-in system and the potential cause of wrongful convictions in the Japanese system. This Comment proposes that, to prevent wrongful convictions, criminal justice reform must be undertaken to incorporate the positive aspects of the United States, German, Italian, …

How To Reduce Mental Health Crises By Improving Training And Education For Law Enforcement First Responders, Ashley Shulski

Selected Social Change Portfolios in Prevention, Intervention, and Consultation

This writer chose to focus her social issue on creating an improved 911 system staffed with trained mental health emergency workers who respond to mental health emergencies, and crisis calls concurrently with law enforcement officers. This method will help law enforcement officers ascertain the correct level of care for a person experiencing a mental health crisis. The same would be considered a prevention effort to reduce persons being revictimized by being arrested by uniformed police officers or providing appropriate mental health services at the time of crisis. There are advanced trained law enforcement officers competent to deal with behavioral health …

Societal Impacts Of Sports Betting In Colorado, Lawerence Wall Jr.

Selected Social Change Portfolios in Prevention, Intervention, and Consultation

Sports betting has become legal in many states across the Unites States after the Murphy v. National Collegiate Athletic Association United States Supreme Court case was ruled in favor of the former New Jersey Governor Chris Christie on May 14, 2018. This case overturned the Professional and Amateur Sports Protection Act (PASPA), allowing state-sponsored sports betting. PASPA was passed by Congress in 1992 to prohibit state-sanctioned sports gambling, except in four states: Delaware, Montana, Nevada, and Oregon, which already established legal sports betting regulations. New Jersey failed to apply in 1991 to be added to the list of exempt states …

Mother Knows Best: A Brief Examination Of The 1982- 2019 Us Mass Shootings Data From Mother Jones’S Investigation, Gordon A. Crews, Garrison A. Crews

Criminal Justice Faculty Publications

In the aftermath of the movie theater mass shooting in July of 2012 in Aurora, Colorado, Mother Jones magazine created one of the first open-source databases documenting mass shootings in the United States. They focused on documenting rampage shootings in public places which resulted in four or more victims killed by the attacker(s). Their initial database consisted of incidents between 1982 and 2012, then an additional 54 cases were added to this data base of incidents which occurred between 2013 and August 2019. The purpose of this chapter is to analyze the incidents gathered in this complete database from 1982 …

Mi Casa No Es Tu Casa: Attitudes Of Rio Grande Valley Police Regarding Immigration And Crime, Catherine E. Burton, Gordon A. Crews

Criminal Justice Faculty Publications

No abstract provided.

Extremism In Society, Gordon A. Crews

Criminal Justice Faculty Publications

No abstract provided.

Borders By Consent: A Proposal For Reducing Two Kinds Of Violence In Immigration Practice, Richard Delgado, Jean Stefancic

Essays, Reviews, and Shorter Works

We describe a new consensual theory of borders and immigration that reverses Peter Schuck's and Rogers Smith's notion of citizenship by consent and posits that borders are legitimate and make sense only if they are products of consent on the part of both countries on opposite sides of them. Our approach, in turn, leads to differential borders that address the many sovereignty and federalist problems inherent in border design by a close examination of the policies that different borders for example, the one between California and Mexico-need to serve in light of the populations living nearby. We build on our …

An Exploration Of The Criminal Thinking Processes In Criminal Offenders, Mark V. Lemieux

Walden Dissertations and Doctoral Studies

This study sought to learn about Criminal Thinking patterns of thought in former criminal offenders. The discovery of this information is important to several fields in the formulation of treatment programs toward the elimination of criminal behavior. This research is based on the theory formulated by Yochelson and Samenow, and expanded on by Walters, that holds that Criminal Thinking patterns develop along a continuum and can lead to criminal behavior in some. Specifically, this study sought to learn whether criminal offenders were aware of their Criminal Thinking patterns and if that awareness impacted their criminal behavior. This qualitative phenomenological study …

Defending Progressive Prosecution: A Review Of Charged By Emily Bazelon, Jeffrey Bellin

Faculty Publications

"Progressive prosecutors" are taking over District Attorney's Offices across the nation with a mandate to reform the criminal Justice system from the inside. Emily Bazelon's new book, Charged: The New Movement to Transform American Prosecution and End Mass Incarceration, chronicles this potentially transformative moment in American criminal Justice.

This Essay highlights the importance of Charged to modern criminal justice debates and leverages its concrete framing to offer a generally applicable theory of prosecutor-driven criminal justice reform. The theory seeks to reconcile reformers' newfound embrace of prosecutorial discretion with long-standing worries, both inside and outside the academy, about the dangerous …

“I See You Have Been Convicted Of A Felony; Can You Tell Me About That?” Workforce Development Challenges For Restorative Citizens Seeking Employment, Terrance Hinton

All Faculty and Staff Scholarship

Incarceration has been an issue nationwide in the United States for decades due to policies from the 1970s, 1980s, and 1990s that lead to mass increases in incarceration. In the past decade, several states have overhauled their criminal sentencing and prison structure to lower prison populations. This has resulted in the release of thousands of restorative citizens and has expanded the need for reentry services. Released individuals who have been incarcerated face a number of social, political, and economic barriers that prevent them from re-entering society successfully. The inability to obtain employment is often cited as one of the most …

Prejudice-Based Rights In Criminal Procedure, Justin Murray

Publications

This Article critically examines a cluster of rules that use the concept of prejudice to restrict the scope of criminal defendants’ procedural rights, forming what I call prejudice-based rights. I focus, in particular, on outcome-centric prejudice-based rights—rights that apply only when failing to apply them might cause prejudice by affecting the outcome of the case. Two of criminal defendants’ most important rights fit this description: the right, originating in Brady v. Maryland, to obtain favorable, “material” evidence within the government’s knowledge, and the right to effective assistance of counsel. Since prejudice (or equivalently, materiality) is an …

Policing Procedural Error In The Lower Criminal Courts, Justin Murray

Publications

The criminal justice system depends on reviewing courts to formulate norms of procedural law and to make sure those norms are actually followed in the lower courts. Yet reviewing courts are not performing either of these functions very well. No single factor can fully explain why this is the case, for there is plenty of blame to go around. But the harmless error rule is a major culprit. The conventional approach to harmless error review prohibits reversal of a defendant’s conviction or sentence, even when the law was violated during proceedings in the lower court, unless that violation influenced the …

Do Abolitionism And Constitutionalism Mix?, Aya Gruber

Publications

No abstract provided.

#Metoo And Mass Incarceration, Aya Gruber

Publications

This Symposium Guest Editor’s Note is an adapted version of the Introduction to The Feminist War on Crime: The Unexpected Role of Women’s Liberation in Mass Incarceration (UC Press 2020). The book examines how American feminists, in the quest to secure women’s protection from domestic violence and rape, often acted as soldiers in the war on crime by emphasizing white female victimhood, expanding the power of police and prosecutors, touting incarceration, and diverting resources toward law enforcement and away from marginalized communities Today, despite deep concerns over racist policing and mass incarceration, many feminists continue to assert that gender crime …

What's Wrong With Police Unions?, Benjamin Levin

Publications

In an era of declining labor power, police unions stand as a rare success story for worker organizing—they exert political clout and negotiate favorable terms for their members. Yet, despite broad support for unionization on the political left, police unions have become public enemy number one for academics and activists concerned about race and police violence. Much criticism of police unions focuses on their obstructionist nature and how they prioritize the interests of their members over the interests of the communities they police. These critiques are compelling—police unions shield officers and block oversight. But, taken seriously, they often sound like …

The Failure Of The Criminal Procedure Revolution, William T. Pizzi

Publications

No abstract provided.

Race-Of-Victim Disparities And The "Level Up" Problem, Aya Gruber

Publications

No abstract provided.

De-Democratizing Criminal Law, Benjamin Levin

Publications

No abstract provided.

Addressing And Educating Northwestern Students On White Privilege And Systemic Racism, Bailey Banwart, Hannah Johnson, Calli Shaw, Rachel Wyborny

Student Projects

Systemic racism has been a part of American Culture for hundreds of generations, and while the United States has come a long way since the 17th century, there is still an overwhelming number of racial injustices happening today which go unaddressed. Due to a lack of diverse education, common misconceptions regarding white privilege, systemic racism, and racial injustice are taken as truth. To address these misconceptions and educate individuals, the organizers of this project researched, collaborated, and then hosted a Racial Injustice Prayer Vigil at Northwestern College in Orange City, Iowa. This Racial Injustice Prayer Vigil had six different stations: …

Factors That Facilitate Or Impair Kinesic And Vocalic Nonverbal Behaviors During Interpersonal Deception, Judee K. Burgoon, Lauren M. Hamel, J. Pete Blair, Nathan W. Twyman

Faculty Publications

Nonverbal demeanor has long been thought to be a high-fidelity display window into a person’s inner self. At the same time, nonverbal behaviors are thought by laypeople to be reliable indicators of dissembling. In the realm of deception, both of those beliefs are true—and false. Humans can choose to reveal their personal identity, affiliations, attitudes, and behavioral inclinations through their nonverbal presentation of self. But, as the adaptive creatures that they are, humans also use their nonverbal actions to fabricate, conceal, and evade. In this respect, deception can disguise the true self and yet can also betray the truth. In …

Ending Forced Labor In Ice Detention Centers: A New Approach, Jonathon J. Booth

Publications

No abstract provided.

A Reflection On Blm In The Era Of The Coronavirus And The Role Of Social Media, Despina Matzakos

Undergraduate Student Research Awards

No abstract provided.

Law And Multidimensional Measurement, Ronald J. Coleman, Ana Vaz

Southern Illinois University Law Journal

Without accurate measurement of phenomena, it can be difficult to enact targeted corrective policies. While measurement in the social sciences is always challenging, it becomes infinitely more so when the phenomena under study are multifaceted and, thus, cannot easily be assessed by reference to a single factor. Phenomena of this latter variety might include governance, empowerment, or rule of law. Multidimensional measurement techniques have sought to capture such phenomena. Legal scholarship utilizing multidimensional measurement has, to date, generally focused on techniques treating each factor independently, which fails to reveal the interdependency of different factors.

This Article seeks to fill that …

The Invisible Prison: Pathways And Prevention, Margaret F. Brinig, Marsha Garrison

Journal Articles

In this paper, we propose a new strategy for curbing crime and delinquency and demonstrate the inadequacy of current reform efforts. Our analysis relies on our own, original research involving a large, multi-generational sample of unmarried fathers from a rust-belt region of the United States as well as the conclusions of earlier researchers.

Our own research data are unusual in that they are holistic and multigenerational: The Court-based record system we utilized for data collection provided detailed information on child maltreatment, juvenile status and delinquency charges, child support, parenting time, orders of protection, and residential mobility for focal children (the …

A Qualitative Study: Black Male College Students’ Perceptions Of Campus Law Enforcement Officers On A College Campus, Junelle M. Bennett

Graduate Research Theses & Dissertations

Black males are often the recipients of police brutality, criminal stereotyping, and inequitable treatment in higher education. This qualitative study examined the experiential narratives of 15 Black male college students’ perception towards law enforcement officers. The data was collected via one-on-one interviews, concluded with a focus group, and then presented in narrative forums. The participants’ feelings, attitudes, or beliefs about themselves as Black males significantly contributed to their inherent identification of the cultural challenges associated with law enforcement officers. The participants’ personal and vicarious life experiences prior to enrolling into higher education were significant to the authentic comprehension of the …

The Influence Of Student Discipline Practices On Students, School Climate And Culture, Matthew J. Clark

Graduate Research Theses & Dissertations

The enactment of Senate Bill 100/Public Act 099-0456 (SB100) in 2016 compelled school districts throughout Illinois to evaluate student discipline policies. This dissertation examines the impact SB100 had on middle and high schools throughout the state and within a large suburban K-12 school district. This dissertation is organized into three separate papers. Paper 1 provides a historical context for disciplinary practices used for students in public schools both in Illinois and throughout the country and explores new discipline practices that have emerged since the passing of SB100. Paper 2 examines the implementation of SB100 through an SDT framework to investigate …