Digital Commons Network^™

The Wandering Officer, Ben Grunwald, John Rappaport

Faculty Scholarship

“Wandering officers” are law-enforcement officers fired by one department, sometimes for serious misconduct, who then find work at another agency. Policing experts hold disparate views about the extent and character of the wandering-officer phenomenon. Some insist that wandering officers are everywhere—possibly increasingly so—and that they’re dangerous. Others, however, maintain that critics cherry-pick rare and egregious anecdotes that distort broader realities. In the absence of systematic data, we simply do not know how common wandering officers are or how much of a threat they pose, nor can we know whether and how to address the issue through policy reform.

In this …

The Law Of Corporate Investigations And The Global Expansion Of Corporate Criminal Enforcement, Jennifer Arlen, Samuel W. Buell

Faculty Scholarship

The United States model of corporate crime control, developed over the last two decades, couples a broad rule of corporate criminal liability with a practice of reducing sanctions, and often withholding conviction, for firms that assist enforcement authorities by detecting, reporting, and helping prove criminal violations. This model, while subject to skepticism and critiques, has attracted interest among reformers in overseas nations that have sought to increase the frequency and size of their enforcement actions. In both the U.S. and abroad, insufficient attention has been paid to how laws controlling the conduct of corporate investigations are critical to regimes of …

Judging Eyewitness Evidence, Brandon L. Garrett

Faculty Scholarship

No abstract provided.

Undeliverable: Suspended Driver's Licenses And The Problem Of Notice, Brandon L. Garrett, Karima Modjadidi, William Crozier

Faculty Scholarship

In North Carolina, one in seven adult drivers currently has a suspended license for nondriving related reasons. As in many other states, in North Carolina, driver’s licenses are commonly suspended, for reasons unrelated to safety, when a person fails to appear in court in response to notice of a traffic court date or fails to pay traffic fines. Notices of traffic court dates are sent by mail, typically to the address on record at the Department of Motor Vehicles, as are subsequent notices that the consequence for nonappearance will be a driver’s license suspension. To better understand the effects of …

Conversations In A Crowded Room: An Assessment Of The Contribution Of Historical Research To Criminology, Henry Yeomans, David Churchill, Iain Channing

School of Law, Humanities and Social Sciences

The relationship between history and social science generally, as well as history and criminology specifically, has long been considered problematic. But, since the likes of Burke (1992) and King (1999) spoke of a ‘dialogue of the deaf’, crime history has rapidly expanded and, more latterly, historical criminology has begun to emerge. This article reappraises the relationship of the subject areas by considering the impact that historical research has had on criminology. Although the impact is found to be somewhat patchy, the article identifies positive signs within the two fields that might point towards a more mutually-enriching future.

Differences On The Use Of Emotion Regulation Strategies And Intimate Partner Aggression Between Males And Females, Natalia Rodriguez Romero, Alexandra Martelli

UROP Posters

Differences on the Use of Emotion Regulation Strategies and Intimate Partner Aggression Between Males and Females

Natalia Rodriguez Romero, Depts. of Psychology and Criminal Justice, and Alexandra M. Martelli, Dept. of Psychology Graduate Student, with Dr. David Chester, Dept. of Psychology

Intimate partner aggression (IPA) is defined as an attempt to harm one’s romantic partner via physical, verbal, or sexual means. It is crucial to determine key factors related to IPA perpetration to further understand the phenomena and reduce its prevalence in society. We explored gender differences in the use of emotion regulation strategies and IPA perpetration. The emotion regulation …

Language Skills Of Children And Youth With Schizophrenia: A Meta-Analysis, Laura Griffith

UROP Posters

Language Skills of Children and Youth with Schizophrenia: A Meta-Analysis

Laura Griffith, Depts. of Psychology, Criminal Justice, & History, with Dr. Jason Chow, VCU School of Education

Schizophrenia is a severe psychological disorder that remains difficult to understand. Since the presentation of the disorder can vary widely from person to person, there is much debate about the exact nature and cause of the disorder. Some researchers and clinicians prioritize certain symptoms above others, leading to multiple viewpoints on exactly what type of disorder schizophrenia is. In spite of these differences, one commonality among many researchers is the hope to find …

A Unified Constitutional View Of Financial Punishment: Synthesizing The Excessive Fines Clause And Bearden­ Based Protections, Joshua A. Feinzig

Faculty Scholarship

This Note coordinates the Eighth Amendment Excessive Fines Clause with the Fourteenth Amendment wealth-discrimination protection set forth in Bearden v. Georgia It is generally assumed that the two protections operate independently: while the Excessive Fines Clause protects individuals against exorbitant financial obligations, Bearden limits the state from converting criminal debt into a severe liberty deprivation. But in recognizing how the two doctrines are normatively and functionally reinforcing, this Note proposes a single framework for considering financial punishment's constitutionality.

If the Eighth Amendment protection applies at the imposition of a financial punishment, Bearden provides a "second look" at the constitutionality of …

The Kingian Nonviolence Conflict Reconciliation Training Program: Outcomes For High School Students’ Cultural, Social, And Emotional Learning, Khadijah Nelly Cyril

Open Access Dissertations

Violence refers to any act or behavior that causes harm (Centers for Disease Control and Prevention [CDC], 2018), and is considered a serious public health issue. Violence puts a burden on individuals, families, and communities, which in turn cause physical and psychological damage. Kingian Nonviolence Conflict Reconciliation Program (Kingian Nonviolence) is an introductory program that serves to address the root causal conditions of violence within oneself and the greater community. Kingian Nonviolence operates on the principle that nonviolence is the only antidote for violence. Core concepts discussed in Kingian Nonviolence include: violence, nonviolence versus non(-hyphen)violence, compassion, values, conflict, conflict resolution, …

Multicultural Research In Forensic Psychology: Where Are We Now?, Rebecca J. Aguiar

Open Access Dissertations

Introduction: Forensic psychology is one of the fastest-growing areas in psychology. Over the past few decades, forensic psychology research has had significant impact on legal outcomes and clinical practice. Further, the population served by forensic psychologists has become increasingly diverse. However, past reviews of forensic psychology research indicates cultural factors are not always prominent variables of interest. Accordingly, this study examined how cultural variables are captured within forensic psychology research, and identified the proportion of articles in major forensic psychology journals focused on multicultural research. This study aimed to extend previous work by examining the incorporation of cultural variables capturing …

A Colonial Castle: Defence Of Property In R V Stanley, Alexandra Flynn, Estair Van Wagner

All Faculty Publications

In 2016, Gerald Stanley shot 22-year-old Colten Boushie in the back of the head after Boushie and his friends entered his farm. Boushie died instantly. Stanley relied on the defence of accident and was found not guilty be an all-white jury. Throughout the trial, Stanley invoked concerns about trespass and rural crime (particularly property crime), much of which was of limited relevance to whether or not the shooting was an accident. We argue that the assertions of trespass shaped the trial, yet were not tested by the jury through a formal invocation of the defence of property.

The Categorical Imperative As A Decarceral Agenda, Jessica M. Eaglin

Articles by Maurer Faculty

In his forthcoming book, The Insidious Momentum of Mass Incarceration, Frank Zimring proposes two alternative methods to decarcerate: states can adopt a categorical imperative to reduce prison populations or states can reform the governance of sentencing. This symposium Essay focuses on the first of these options, as proposed in his tentative Chapter Six, wherein Zimring calls for categorically removing drug-addicted offenders from eligibility for prison sanctions and expanding use of jails for categories of offenses or offenders.

These methods, I suggest, exist in tension with numerous popular sentencing reforms being implemented in the states right now. Popular reforms, including the …

Probation And Monetary Sanctions In Georgia: Evidence From A Multi-Method Study, Sarah Shannon

Georgia Law Review

Georgia leads the nation in probation supervision, which has been the subject of recent legislative reforms. Probation supervision is the primary mechanism for monitoring and collecting legal financial obligations (LFOs) from people sentenced in Georgia courts. This Article analyzes how monetary sanctions and probation supervision intersect in Georgia using quantitative data from the Department of Community Supervision as well as interviews with probationers and probation officers gathered as part of the Multi-State Study of Monetary Sanctions between 2015 and 2018. Several key findings emerge: (1) there is substantial variation between judicial districts in the amount of fines and fees ordered …

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

Georgia Law Review

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 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 go. Most counties …

Juvenile Justice Reform In Georgia: A Collective Decisionmaking Approach To De-Politicize Crime And Punishment, The Honorable Steven Teske

Georgia Law Review

Since the creation of the first juvenile court in 1899, juvenile courts have undergone periods of transition in response to legislative enactments prompted by societal events or in response to legal challenges involving due process rights of children. This Article examines politics and the extent in which it played a role in shaping juvenile justice and crime policies and its impact on children and public safety. In this critical review of each period of transition, this Article concludes that the lack of success among juvenile justice agencies, including the courts, is predominately the result of the politicizing of crime and …

To Outgrow A Mockingbird: Confronting Our History—As Well As Our Fictions—About Indigent Defense In The Deep South, Sarah Gerwig-Moore

Georgia Law Review

To Kill a Mockingbird occupies a beloved space in law school classrooms and curricula, especially in its portrayal of Atticus Finch. Frequently held up as the model or “hero-lawyer,” Atticus’s character is powerful in fiction, but problematic in practice. His work is lauded, rather than scrutinized, despite his questionable ability to represent his client in life-or-death circumstances—specifically, a racially charged sexual assault case in the Deep South. Through considering examples of historical lawyers and texts which explore similar themes without the lens of fiction, those engaged in legal education and legal practice can and should look to others to study …

The Inherent And Supervisory Power, Jeffrey C. Dobbins

Georgia Law Review

Parties to litigation expect courts to operate both
predictably and fairly. A core part of this expectation is
the presence of codified rules of procedure, which ensure
fairness while constraining, and making more
predictable, the ebb and flow of litigation.
Within the courts of this country, however, there is a
font of authority over procedure that courts often turn to
in circumstances when they claim that there is no
written guidance. This authority, referred to as the
“inherent” or “supervisory” power of courts, is an almost
pure expression of a court’s exercise of discretion in that
it gives courts the …

Topics In Cultural And Entertainment Economics, Justin W. Parker

Graduate Theses, Dissertations, and Problem Reports (ETD)

During the first 60 years of television broadcasting, prime time programming was dominated by the "Big Three" networks--NBC, ABC, and CBS. Their dominance in the market functioned as an oligopoly, supported by longstanding regulatory structures. Beginning in the 1970s, a wave of deregulation and change from satellite technology swept the industry, making it easier for other firms to enter the market. In 1986, the premiere of FOX saw a viable fourth network break through to compete with the Big Three. This paper analyzes inefficiencies on both the cost and content production side of prime time television, using survival analysis to …

Three Essays In Law And Economics, Daniel Bonneau

Graduate Theses, Dissertations, and Problem Reports (ETD)

This dissertation investigates three relevant topics in law and economics literature. The first chapter explores the effectiveness of a crime prevention policy in Detroit, Project Green Light. This initiative began in 2016 and was aimed at reducing crime around high-risk businesses. Reductions in crime can be found in the business block that housed the green light, with a potential diffusion of benefits to their immediate neighbors. Using calls for service produces mixed results and suggest that there may be an increase in proactive policing within these areas. Lastly, response times do appear to decrease significantly. The second chapter empirically evaluates …

Three Essays On Health Economics And Policy Evaluation, Shishir Shakya

Graduate Theses, Dissertations, and Problem Reports (ETD)

This dissertation consists of three essays on the U.S. Health care policy. Each paragraph below refers to the three abstracts for the three chapters in this dissertation, respectively. I provide quantitative evidence on how much Prescription Drug Monitoring Programs (PDMPs) affects the retail opioid prescribing behaviors. Using the American Community Survey (ACS), I retrieve county-level high dimensional panel data set from 2010 to 2017. I employ three separate identification strategies: difference-in-difference, double selection post-LASSO, and spatial difference-in-difference. I compare how the retail opioid prescribing behaviors of counties, that are mandatory for prescribers to check the PDMP before prescribing controlled substances …

Spatio-Temporal Analysis Of Crime Incidents For Forensic Investigation, Jamie Spencer Spaulding

Graduate Theses, Dissertations, and Problem Reports (ETD)

Crime analysis and mapping has been routinely employed to gather intelligence which informs security efforts and forensic investigations. Traditionally, geographic information systems in the form of third-party mapping applications are used for analysis of crime data but are often expensive and lack flexibility, transparency, or efficiency in uncovering associations and relationships in crime. Each crime incident and article of evidence within that incident has an associated spatial and temporal component which may yield significant and relevant information to the case. Wide variations exist in the techniques that departments use and commonly spatial and temporal components of crime are evaluated independently, …

Prevalence Of Pores In Latent Fingerprints, Rachel E. Ball

Graduate Theses, Dissertations, and Problem Reports (ETD)

Of the many biometric traits recognized today, fingerprints are the most prevalent and familiar. The analysis of fingerprints involves level 1, level 2, and/or level 3 detail in the identification of a potential match. Traditionally, fingerprint matching was completely performed by hand, utilizing the ACE-V method. Thanks to the development of rapidly evolving technology, fingerprint matching has become an automated procedure through the use of fingerprint matching algorithms. In the literature, there has been an increase in the interest of developing Automatic Fingerprint Identification System (AFIS) algorithms that include level 3 details in the matching process. These studies have utilized …

Two Approaches To Analyzing Institutions’ Spending Responses To Campus Sexual Assault, Amanda M. Rose

Graduate Theses, Dissertations, and Problem Reports (ETD)

Despite occupying a growing portion in contemporary U.S. higher education institutions’ annual budgets, empirical research on sexual assault costs is limited. The purpose of this study is to look at whether incidences of sexual violence on campus are associated with increased costs in policies and programs geared toward prevention of these crimes. Informing the analysis is a theoretical framework consisting of the revenue theory of costs and positional arms race theory. This study examines data from both IPEDS and the U.S. Department of Education Crime and Safety website over a ten year period, 2006-2015, for a set of over 2,300 …

Statistical Assessment Of The Significance Of Fracture Fits In Trace Evidence, Evie K. Brooks

Graduate Theses, Dissertations, and Problem Reports (ETD)

Fracture fits are often regarded as the highest degree of association of trace materials due to the common belief that inherently random fracturing events produce individualizing patterns. Often referred to as physical matches, fracture matches, or physical fits, these assessments consist of the realignment of two or more items with distinctive features and edge morphologies to demonstrate they were once part of the same object. Separated materials may provide a valuable link between items, individuals, or locations in forensic casework in a variety of criminal situations. Physical fit examinations require the use of the examiner’s judgment, which rarely can be …

Relationships Between Education Track, Adverse Childhood Experience, And Recidivism Among Juveniles, Catherine Gammage

Electronic Theses and Dissertations

A high recidivism level, despite attempts by regulatory agencies and various institutions to decrease it, is currently a disturbing problem of the juvenile justice system. Adjudicated youth released from residential treatment centers are often reincarcerated within 3 years after their release. Residential treatment centers provide mandated educational and treatment services for all incarcerated youth. The educational programs offered by residential treatment centers should include academic and career technology programs which support community reintegration. The opportunity for students to receive a high school diploma and industry certifications for career readiness is an important way to decrease recidivism for juveniles. This study …

“I Did It, But . . . I Didn’T”: When Rejected Affirmative Defenses Produce Wrongful Convictions, James R. Acker, Sishi Wu

Nebraska Law Review

I. Introduction

II. Wrongful Convictions and Failed Affirmative Defenses

III. When Rejected Affirmative Defenses Produce Wrongful Convictions: Case Studies ... A. Exonerations in the Wake of Rejected Justification Defenses ... B. Exonerations in the Wake of Rejected Excuse Defenses

IV. What Went Wrong? Sources of Error in Failed Affirmative Defense Exoneration Cases ... A. Failed Self-Defense ... B. Failed Excuse Defenses

V. Compensation for Wrongful Conviction and Incarceration

VI. Conclusion

The Effects Of Positive Emotions On Eyewitness Memory, Brandy R. Hutton

EWU Masters Thesis Collection

The purpose of this study was to explore the effects of positive emotions on eyewitness memory. Though little research has been done investigating this question, it has serious implications within the criminal justice system, towards our understanding of emotions, and in creating a fuller comprehension of how memory works. The current study chose two distinct positive emotions and participants were randomly assigned to one of three emotion inductions (joy, gratitude, or neutral). Participants then watched a computer video of a minor crime and responded to questionnaires testing them on their recall accuracy of central and peripheral details of that crime. …

Adultery, Infidelity, And Consensual Non-Monogamy, Edward D. Stein

Articles

Thirty-eight states have laws in place that relate to adultery. Though criminal laws against adultery are not frequently enforced, the network of criminal laws, tort laws, and domestic relations laws related to adultery disincentivize extra-marital sex, an effect heightened by the stigma and other social attitudes associated with adultery. This Essay argues that the socio-legal state of affairs concerning adultery is bad for marriages (and similar relationships), bad for public health, and is simply bad public policy. This is in part because the law treats infidelity-having sex with someone other than your primary partner without his or her consent or …

Epidemiology And Criminology: Managing Youth Firearm Homicide Violence In Urban Areas, Joseph Anthony Mcmillan

Walden Dissertations and Doctoral Studies

Violence is considered a public health problem in the United States, yet little is known about the benefit of using a combined epidemiology and criminology (EpiCrim) approach to focus on urban youth gun violence. The purpose of this general qualitative study was to determine in what ways Akers and Lanier's EpiCrim approach in tandem with Benet's polarities of democracy approach is explanatory of gun homicides by youth in U.S. urban areas and if the Youth Risk Behavior Surveillance System adequately addresses gun abatement measures. Data were collected through semi structured interviews of 16 criminal justice practitioners and medical professionals with …

The American Lgbtq Rights Movement: An Introduction, Kyle Morgan, Meg Rodriguez

Textbooks and Manuals Series

The American LGBTQ Rights Movement: An Introduction is a peer-reviewed chronological survey of the LGBTQ fight for equal rights from the turn of the 20th century to the early 21st century. Illustrated with historical photographs, the book beautifully reveals the heroic people and key events that shaped the American LGBTQ rights movement. The book includes personal narratives to capture the lived experience from each era, as well as details of essential organizations, texts, and court cases that defined LGBTQ activism and advocacy.