Digital Commons Network^™

Brief Of National Association Of Criminal Defense Attorneys & National Association Of Federal Defenders As Amicus Curiae, Pereida V. Barr, No. 19-438, Joshua L. Dratel, Daniel L. Kaplan, David Lesser, Julia C. Pilcer, Jarret A. Zafran, Jenny Roberts

Hofstra Law Faculty Scholarship

No abstract provided.

Should Criminal Justice Reformers Care About Prosecutorial Ethics Rules?, Bruce A. Green, Ellen Yaroshefsky

Hofstra Law Faculty Scholarship

Criminal justice reform groups typically explore multiple avenues for improving the law and legal processes. Among the campaigns are calls for more demanding laws governing prosecutors’ conduct and more effective oversight and enforcement of prosecutors’ compliance with their legal obligations. Yet little advocacy is directed toward ethics rules governing prosecutors and encouraging courts and disciplinary bodies to adopt, interpret, and enforce professional conduct rules so as to demand more of them. This article considers the reasons for such limited focus upon ethics rules and suggests the ways in which current rules regarding prosecutors' disclosure obligations and post-conviction ones can be …

Bathrooms As A Homeless Rights Issue, Ron S. Hochbaum

McGeorge School of Law Scholarly Articles

Bathrooms are a bellwether of equality. Segregated bathrooms were at the center of the Civil Rights Movement. Accessible bathrooms were at the heart of the Disability Rights Movement. Now, gender-neutral bathrooms or bathrooms assigned by gender, rather than sex, are at the heart of the Transgender Rights Movement.

This Article is the first to examine the right to access bathrooms as it relates to the homeless community. The Article explores the current paradox where cities, counties, and states provide few, if any, public bathrooms for the homeless community and the public at large while criminalizing public urination and defecation.

To …

2020 Fall Commencement, Georgia Southern University

Commencement Programs

No abstract provided.

Implementation Considerations For Mitigating Bias In Supervised Machine Learning, Bardia Bijani Aval

CSB and SJU Distinguished Thesis

Machine Learning (ML) is an important component of computer science and a mainstream way of making sense of large amounts of data. Although the technology is establishing new possibilities in different fields, there are also problems to consider, one of which is bias. Due to the inductive reasoning of ML algorithms in creating mathematical models, the predictions and trends found by the models will never necessarily be true – just more or less probable. Knowing this, it is unreasonable for us to expect the applied deductive reasoning of these models to ever be fully unbiased. Therefore, it is important that …

Measuring Student Attitudes Toward Offenders: The Potential Mediating Role Of Familial Incarceration, Susan Faith Boyd

All ETDs from UAB

Each year hundreds of thousands of ex-offenders are released from U.S. jails and prisons to return to their communities. After release, ex-offenders’ families can play a critical role in helping their loved ones re-adjust to life outside of prison as well as meet the terms of their release; however, the severe financial, emotional, and social hardships associated with reentry have great potential to strengthen or weaken ex-offenders’ family support networks. The current study sought to explore how attitudes toward offenders differ between offenders’ family members and individuals who have never experienced familial incarceration. Adaptations of The Attitudes Toward Prisoners Scale …

Table Of Contents - Vol. 50, No. 3 2020

Seton Hall Law Review

No abstract provided.

The Warren Court’S Eyewitness Identification Case Law: What If?, Michael Vitiello

McGeorge School of Law Scholarly Articles

No abstract provided.

2020-2021 School Year, St. Mary's University School Of Law

The Witan

No abstract provided.

Government Misconduct And Convicting The Innocent: The Role Of Prosecutors, Police And Other Law Enforcement, Samuel R. Gross, Maurice J. Possley, Kaitlin Jackson Roll, Klara Huber Stephens

Other Publications

This is a report about the role of official misconduct in the conviction of innocent people. We discuss cases that are listed in the National Registry of Exonerations, an ongoing online archive that includes all known exonerations in the United States since 1989, 2,663 as of this writing. This Report describes official misconduct in the first 2,400 exonerations in the Registry, those posted by February 27, 2019.

In general, we classify a case as an “exoneration” if a person who was convicted of a crime is officially and completely cleared based on new evidence of innocence.

The Report is …

Ethical Considerations For Prosecutors: How Recent Advancements Have Changed The Face Of Prosecution, Joshua L. Sandoval

St. Mary's Journal on Legal Malpractice & Ethics

The prosecutor acts as a minister of justice with sweeping discretion to charge an individual with a crime, plea a case in a manner supported by the strength of the evidence, proceed to trial on a case, and even dismiss a case. He must balance the interest of the victim, the community, and the constitutional rights of the accused in every decision he makes.

This article will explore the role of the American prosecutor and discuss various ethical issues encountered on a daily basis. After a brief introduction, the author will succinctly discuss the history of the prosecutor and will …

Justice System Reform And Internationalization, Daniel H. Foote

Articles

As discussant. normally my role would be to offer trenchant and perceptive critiques of each of the three main reports. those by Professors Takamizawa. Matsuo. and SuamL Those reports are broad in scope, both geographical and historical; each report is outstanding: and each provides much food for thought. Yet even if time and space permitted, I myself lack sufficient knowledge regarding China. Southeast Asia and Europe to provide a thorough critique. Instead. in this essay I will shift the focus back to Japan and examine various respects in which the justice system reforms have sought to promote internationalization.

Prevention Of Sex Trafficking And Perspectives From Parents In Ogwa Community Edo State Nigeria, Nkechi Iwuoha

Walden Dissertations and Doctoral Studies

There is a high rate of trafficked girls and women from the Ogwa community in Edo state, Nigeria. The Edo government has developed a top-down centralized approach to the prevention of sex trafficking that has proved largely ineffective. The wholistic involvement of people in the decision-making regarding the strategies to prevent sex trafficking can directly create an impact through policy formulation and implementation. However, few studies have addressed the perspective of parents of vulnerable youth to positively impact the policy outcome on sex trafficking. Hence, the goal of this qualitative narrative inquiry study was to explore the perceptions of parents …

Stress And Coping Methods In Law Enforcement Personnel, Brandon M. Sheard

Walden Dissertations and Doctoral Studies

A notable problem exists within law enforcement due to the lack of mental health assistance offered for police officers, as well as little to no literature available pertaining to officers in law enforcement who may have mental health issues. Without proper coping methods, there is a higher possibility of suicide among police officers. Therefore, the purpose of this phenomenological qualitative study was to investigate why officers were choosing to not seek mental and behavioral health assistance, as well as determine factors that could both prevent as well as encourage officers to seek mental health assistance if needed. Grounded in the …

Firearm Restriction And Its Impact In Reducing Violent Crimes In California, Sampson C. Onwuka

Walden Dissertations and Doctoral Studies

There have been recurring incidents of gun violence, murder, and mass shootings that have raised public concern on the dangers of guns, and people have demanded government regulation on firearms usage. Studies have attributed these incidents to non-strict laws on guns; however, it was unclear whether firearm restrictions affected California's violent crime reduction. This quasi-experimental, quantitative study was focused on finding out the impact of gun violence restraining orders (GVROs) on violent crime reduction in California. Four research questions addressed the changes in the variables after the establishment of the GVRO. Secondary data from the California Department of Justice were …

The Politics Of Decentralizing Criminal Justice Systems In Postconflict Societies: Insights From Liberia (2011-2017), Samuel Opoku-Agyakwa

Walden Dissertations and Doctoral Studies

After the end of Liberia’s brutal 14 year civil war, the process of rebuilding Liberia has focused on a number of interventions including reforming the criminal justice system. In the current study, institutional, policy, legal reform, and infrastructure development were the approaches used to decentralize Liberia’s Criminal Justice System. Thirty experts were interviewed, and their responses coded using NVivo 12.0. Seven themes and 25 subthemes emerged from the data. It was that found that a top down internationally led approach with minimal involvement of local communities and the neglect of the traditional justice system characterized the decentralization process. Results also …

Female Psychopathy And The Personality Assessment Inventory (Pai): A Study With Incarcerated Women, Jason M. Smith, Carl B. Gacono, Ted B. Cunliffe

Archives of Assessment Psychology

In this study, PCL-R scores were used in correlational analyses with PAI scales in a sample of incarcerated women (N = 133). The total PCL-R score was significantly correlated with many PAI scales including ANT, DRG, and AGG. Categorical analyses were also used where the psychopathic women (N = 71; PCL-R ≥ 30) were significantly higher on the PAI scales of MAN, VPI, PAR, BOR, ANT, AGG, DOM; the non-psychopathic women (N = 28; PCL-R total score ≤ 24) scored higher on the RXR scale. These results further elucidate the conceptualization of female psychopathy (borderline and histrionic personality traits) and …

Developmental Implications Of Child Maltreatment: Rorschach Assessment Of Object Representations, David Joubert, Linda Webster

Archives of Assessment Psychology

Child maltreatment is associated with a variety of negative psychological, social, and health outcomes. It is particularly important for healthcare professionals to assess psychosocial functioning in children and adolescents in foster care in order to facilitate optimal levels of adjustment in this population. The relative validity of two developmentally-based scales applied to Rorschach data, the Primitive Object Relations scheme (Kwawer, 1979) and the Developmental Object Relations Scale (Ipp, 1986), was investigated in a sample of 71 youth in foster care. Results from dimension reduction analyses suggest that the POR captures specific elements of primitive object relations, characterized by themes of …

Analyzing Voter Participation In El Paso County, Texas, Samantha Romero

Open Access Theses & Dissertations

This Thesis seeks to analyze and understand voting patterns in El Paso County, Texas, based on a study of voter turnout in the November 2015 Uniform Election and three key research objectives. The first objective is to provide a systematic statistical evaluation of a local endeavor, the Student Voter Initiative (SVI), to increase voter turnout among youth, specifically 18-year-olds, in the November 2015 Uniform Election. The second objective is to estimate voter turnout by age group (generation) and investigate whether younger voters were underrepresented in the November 2015 Uniform Election compared to older generations, based on generational categories defined by …

Understanding The Association Between Routine Activities, Social Bonds, Violent Victimization, And Violent Offending, Caleigh D. Lynch

Open Access Theses & Dissertations

No abstract provided.

Civil Statutes Of Limitation For Child Sexual Abuse And Domestic Minor Sex Trafficking, Emma Hetherington, Melina D. Lewis, Brian Atkinson, Brittany Blanchard, Kevin Tyler Dysart, Chase Lyndale, Devin Mashman, Charles Lawson Turner

Scholarly Works

The Wilbanks Child Endangerment and Sexual Exploitation (CEASE) Clinic is a teaching and research clinic at the University of Georgia School of Law. The clinic represents survivors of childhood sexual abuse and exploitation in civil and juvenile dependency proceedings. Since opening its doors in 2016, CEASE has assisted over 100 survivors in the state of Georgia through legal representation, legal advice, and/or referrals. Law and masters of social work students work in the clinic and participate in a seminar covering best practices in representing survivors, relevant laws and policies, and practical legal and social work skills. Law students represent survivors …

Reform Prosecutors And Separation Of Powers, Logan E. Sawyer Iii

Scholarly Works

For decades, state and local prosecutors won election by promising to be tough on crime. Today, a new breed of prosecutor has gained prominence by campaigning on, and then implementing, reform agendas. Rather than emphasize the crimes they plan to prosecute, these reform prosecutors promise to use their discretion to stop the prosecution of certain crimes and halt the application of certain sanctions. They base their decision not on a lack of resources, but rather on a belief that the enforcement of those laws is unwise or unjust. Critics have decried such policies as both inappropriate and undemocratic. Prosecutors, critics …

Detention By Any Other Name, Sandra G. Mayson

Scholarly Works

An unaffordable bail requirement has precisely the same effect as an order of pretrial detention: the accused person is jailed pending trial. It follows as a logical matter that an order requiring an unaffordable bail bond as a condition of release should be subject to the same substantive and procedural protections as an order denying bail altogether. Yet this has not been the practice.

This Article lays out the logical and legal case for the proposition that an order that functionally imposes detention must be treated as an order of detention. It addresses counterarguments and complexities, including both empirical and …

Boots And Bail On The Ground: Assessing The Implementation Of Misdemeanor Bail Reforms In Georgia, Andrea Woods, Sandra G. Mayson, Lauren Sudeall, Guthrie Armstrong, Anthony Potts

Scholarly Works

This Article presents a mixed-methods study of misdemeanor bail practice across Georgia in the wake of reform. We observed bail hearings and interviewed system actors in a representative sample of fifty-five counties in order to assess the extent to which pretrial practice conforms to legal standards clarified in Senate Bill 407 and Walker v. Calhoun. We also analyzed jail population data published by county jails and by the Georgia Department of Community Affairs. We found that a handful of counties have made promising headway in adhering to law and best practices, but that the majority have some distance to …

Presidential Crimes Matter, Julian A. Cook

Scholarly Works

The resignations of United States Attorneys Geoffrey Berman and Jessie Liu from their respective positions in the Southern District of New York and the District of Columbia, and Attorney General William Barr’s and President Donald Trump’s persistent undermining of Special Counsel Robert Mueller’s Russian interference and obstruction of justice investigations and prosecutions are clarion calls to reform the process by which the executive branch criminally investigates itself. But there is another critical circumstance—the Special Counsel regulations—that has been largely overlooked and has been grossly underappreciated in the public discussion about undue executive branch influence. These regulations are foundational, their impact …

Boots And Bail On The Ground: Assessing The Implementation Of Misdemeanor Bail Reforms In Georgia, Sandra Mayson, Andrea Woods, Lauren Sudeall, Guthrie Armstrong, Anthony Potts

Scholarly Works

This Article presents a mixed-methods study of misdemeanor bail practice across Georgia in the wake of reform. We observed bail hearings and interviewed system actors in a representative sample of fifty-five counties in order to assess the extent to which pretrial practice conforms to legal standards clarified in Senate Bill 407 and Walker v. Calhoun. We also analyzed jail population data published by county jails and by the Georgia Department of Community Affairs. We found that a handful of counties have made promising headway in adhering to law and best practices, but that the majority have some distance to …

The Concept Of Criminal Law, Sandra Mayson

Scholarly Works

What distinguishes “criminal law” from all other law? This question should be central to both criminal law theory and criminal justice reform. Clarity about the distinctive feature(s) of criminal law is especially important in the current moment, as the nation awakens to the damage that the carceral state has wrought and reformers debate the value and the future of criminal law institutions. Foundational though it is, however, the question has received limited attention. There is no clear consensus among contemporary scholars or reformers about what makes the criminal law unique. This Essay argues that Antony Duff’s The Realm of Criminal …