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Operation Youth Success: Developmental Evaluation Final Report, Jennifer Miller, Ryan E. Spohn

Reports

In the summer of 2014, a subset of leaders and stakeholders in Douglas County initiated a collective impact project to reform the county’s juvenile justice system. Since the first meeting of that group, a number of additional stakeholders have been incorporated into this initiative, which is now known as “Operation Youth Success.” Operation Youth Success, or OYS, has been engaged since that time in an effort to create system change producing a more effective, efficient, and compassionate justice system that better serves the families and youth who are the users of this system. This report will review the activities and …

Miranda 2.0, Tonja Jacobi

Faculty Articles

Fifty years after Miranda v. Arizona, significant numbers of innocent suspects are falsely confessing to crimes while subject to police custodial interrogation. Critics on the left and right have proposed reforms to Miranda, but few such proposals are appropriately targeted to the problem of false confessions. Using rigorous psychological evidence of the causes of false confessions, this Article analyzes the range of proposals and develops a realistic set of reforms — Miranda 2.0 — which is directed specifically at this foundational challenge to the justice system. Miranda 2.0 is long overdue; it should require: warning suspects how long they …

Evidence Laundering In A Post-Herring World, Kay L. Levine, Jenia I. Turner, Ronald F. Wright

Faculty Articles

The Supreme Court’s decision in Herring v. United States authorizes police to defeat the Fourth Amendment’s protections through a process we call evidence laundering. Evidence laundering occurs when one police officer makes a constitutional mistake when gathering evidence and then passes that evidence along to a second officer, who develops it further and then delivers it to prosecutors for use in a criminal case. The original constitutional taint disappears in the wash.

Courts have allowed evidence laundering in a variety of contexts, from cases involving flawed databases to cases stemming from faulty judgments and communication lapses in law enforcement teams. …

Table Of Contents

Richmond Public Interest Law Review

Table of Contents for the Richmond Journal of Law and the Public Interest Symposium 2015 Issue

Meta-Mindfulness: A New Hope, Peter Huang

Richmond Public Interest Law Review

This Essay starts by tracing its humble origins to an earlier, related and unique law review article, namely, Tiger Cub Strikes Back: Memoirs of an Ex-Child Prodigy About Legal Education and Parenting. This Essay describes various professional responses to Tiger Cub Strikes Back, provides an update of some developments in research about parenting and legal education since Tiger Cub Strikes Back, and recounts a few personal stories about mindfulness and related to being an ex-child prodigy. This Essay then analyzes meta-mindfulness, defined as mindfulness about mindfulness. This Essay discusses how mindfulness about mindfulness can help facilitate the positive transformation of …

Leg 189.01: Criminal Procedures, Thomas W. Trigg

University of Montana Course Syllabi

No abstract provided.

Frontlines: Policing At The Lexus Of Race And Mental Health, Camille Nelson

Scholarly Articles in Law Reviews & Journals

he last several years have rendered issues at the intersection of race, mental health, and policing more acute. The frequency and violent, often lethal, nature of these incidents is forcing a national conversation about matters which many people would rather cast aside as volatile, controversial, or as simply irrelevant to conversations about the justice system. It seems that neither civil rights activists engaged in the work of advancing racial equality nor disability rights activists recognize the potent combination of negative racialization and mental illness at this nexus that bring policing practices into sharp focus. As such, the compounding dynamics and …

Measuring Older Adult Confidence In The Courts And Law Enforcement, Joseph A. Hamm, Lindsey E. Wylie, Eve M. Brank

Department of Psychology: Faculty Publications

Older adults are an increasingly relevant subpopulation for criminal justice policy but, as yet, are largely neglected in the relevant research. The current research addresses this by reporting on a psychometric evaluation of a measure of older adults’ Confidence in Legal Institutions (CLI). Confirmatory factor analysis (CFA) provided support for the unidimensionality and reliability of the measures. In addition, participants’ CLI was related to cynicism, trust in government, dispositional trust, age, and education, but not income or gender. The results provide support for the measures of confidence in the courts and law enforcement, so we present the scale as a …

The Nature, Attainments, Problems And Prospects Of Canadian-Nigerian Human Rights Engagements: An Analytical Overview, Obiora C. Okafor

Articles & Book Chapters

By way of a fully developed conclusion, this article offers a broad analytical overview of the insights that have been jointly and severally generated by the main sub-studies on which the articles in this volume are based. It offers such overarching discussions, one after the other, in relation to the nature, attainments, problems, and prospects of Canadian-Nigerian international human rights engagements. Drawing upon these analytical insights, the article then makes some pertinent recommendations that are addressed to the relevant stakeholders, especially in Canada and Nigeria, i.e. policy-makers, practitioners and theorists alike (depending on which of the itemized points they find …

Placing Twail Scholarship And Praxis: Introduction To The Special Issue Of The Windsor Yearbook Of Access To Justice, Sujith Xavier, Amar Bhatia, Usha Natarajan, John Reynolds

Articles & Book Chapters

This Special Issue of the Windsor Yearbook of Access to Justice collects some of the written reflections of participants from the Third World Approaches to International Law [TWAIL] Conference held in Cairo, Egypt, from 21 to 24 February 2015. TWAIL is a loosely affiliated network of scholars and practitioners of international law and policy. TWAIL scholars and practitioners are animated by the relationship between the Global North and the Global South, and the ensuing disparities in wealth and health spurred on by processes of diverging and converging colonial and postcolonial histories.

Against Circumspection: Judges, Religious Symbols, And Signs Of Moral Independence, Benjamin Berger

Articles & Book Chapters

This chapter questions the interpretation of religious ­ signs and symbols— and the interpretive possibilities that emerge when we demand more from one another in thinking about such symbols— by ­ examining the question of judges and religious dress in the particular context of the judge’s role as wielding the coercive force of the state through the exercise of criminal punishment. I advance the argument that recent debates have proceeded on a misleadingly simplistic approach to understanding the meaning of signs of religious belonging and identity in this setting and that, with this, we miss an opportunity for a deeper …

Social Capital, Economic Diversity, And Civic Well-Being In Flint And Grand Rapids, Michael Dewilde

Seidman Business Review

No abstract provided.

Detoxing The Child Welfare System, Allison E. Korn

Faculty Scholarship

This Article considers the varying reasons why drug policies informing child welfare interventions are not evolving as part of the drug policy reform movement, which has successfully advocated for initiatives that decrease mass incarceration, end mandatory minimums, and decriminalize or legalize marijuana use and possession. Many existing child welfare laws and policies that address parental drug use rely on the premise that prenatal exposure to a controlled substance causes inevitable harm to a child. Furthermore, they presume that any amount of drug use by a parent places a child in imminent danger, or is indicative of future risk of harm. …

No More Mind Games: Content Analysis Of In-Game Commentary Of The National Football League’S Concussion Problem, Jeffrey Parker

Theses and Dissertations (Comprehensive)

American (gridiron) football played at the professional level in the National Football League (NFL) is an inherently physical spectator sport, in which players frequently engage in significant contact to the head and upper body. Until recently, the long-term health consequences associated with on the field head trauma were not fully disclosed to players or the public, potentially misrepresenting the dangers involved in gameplay. Crucial to the dissemination of this information to the public are in-game televised commentators of NFL games, regarded as the primary conduits for mediating in-game narratives to the viewing audience. Using a social constructionist theoretical lens, this …

Let's Talk About (Consensual) Sex!, Eleanor M. Mcgrath

Theses and Dissertations (Comprehensive)

Legal, moral, and health-related issues around sexual consent have become prominent in the media in recent years. The public debate surrounding these news stories indicates a large discrepancy in people’s understanding of sexual consent and its legal implications. Motivated by the fact that university students are sexually victimized at rates exceeding the general population, this study explores factors that influence knowledge of legal aspects of sexual consent and confidence in using such knowledge of students/alumni, under 30 years old, from two southern Ontario universities. This quantitative study used an online survey design, and is grounded in a heuristic paradigm, with …

More Than Stone And Iron: Indigenous History And Incarceration In Canada, 1834-1996, Seth Adema

Theses and Dissertations (Comprehensive)

This dissertation examines Indigenous (First Nation, Métis, and Inuit) history as played out in Canadian prisons. It argues that in the prison, processes of colonialism, decolonization, and neocolonialism took place simultaneously. In the nineteenth century, the prison was built as part of a network of colonial institutions and polices. It was imagined, designed, and built by representatives of the Canadian state alongside other colonial institutions, drawing on similar intellectual traditions. It maintains the imprint of this colonial origin. Prisons also became arenas for Indigenous cultural exchange and cultural creation, which in most cases subverted the logic of the prison. This …

Pregnancy, Birth, And Mothering Behind Bars: A Case Study Of One Woman's Journey Through The Ontario Criminal Justice And Jail Systems, Sarah Fiander

Theses and Dissertations (Comprehensive)

As more people come under the direct or indirect control of the carceral nation state, it is important to analyze those systems and bodies that contribute to its construction and conservation. Moreover, it is necessary to assess the ability of these social institutions to meet the needs of the individuals under their supervision, as well as to establish a standard of care to which operators of jails, prisons, and other carceral facilities may be held accountable. Criminalized women represent an acutely marginalized segment of the prison population whose distinct gendered needs have been habitually overlooked. The present study aims to …

Investigative Inadequacies Or Investigative Corruption? Exploring The Role Of Police Misconduct Within Canadian Wrongful Conviction Cases, Michelle L. Lovegrove

Theses and Dissertations (Comprehensive)

The phenomenon of wrongful convictions has begun to attract the attention of the public and scholars alike within the past few decades. However, despite this recent fixation the issue of wrongful convictions is not new, as research on the subject dates back to 1932 with the work of Edwin Borchard. Most of the research on the subject of wrongful convictions has focused largely on identifying the factors that contribute to these injustices. For the most part academics are in agreement when it comes to the causes of wrongful convictions, which include, eyewitness misidentification, false confessions, police & prosecutor misconduct, use …

A Meta-Architecture Analysis For A Coevolved System-Of-Systems, George Anthony Muller Iv

Masters Theses

"Modern engineered systems are becoming increasingly complex. This is driven in part by an increase in the use of systems-of-systems and network-centric concepts to improve system performance. The growth of systems-of-systems allows stakeholders to achieve improved performance, but also presents new challenges due to increased complexity. These challenges include managing the integration of asynchronously developed systems and assessing SoS performance in uncertain environments.

Many modern systems-of-systems must adapt to operating environment changes to maintain or improve performance. Coevolution is the result of the system and the environment adapting to changes in each other to obtain a performance advantage. The complexity …

We Were Treated Like Machines : Professionalism And Anti-Blackness In Social Work Agency Culture, Mark D. Davis

Theses, Dissertations, and Projects

This exploratory study sought to answer two overarching research questions: (1) To what extent is there color-blind anti-Black bias in the way that professionalism is defined and enforced in social work agency culture? (2) What are exacerbating and ameliorating factors for this anti-Black bias? I developed a mixed-methods online questionnaire and recruited 246 participants via e-mail and Facebook. Participants were mostly White female social workers 18-39 years old, though the sample was disproportionately African American as compared with the general social worker population. When participants were asked if they perceived anti-Black bias in professionalism at their agencies, 42.7% answered yes …

Servicenet Participatory Action Research Program Evaluation : A Project Based On An Independent Investigation At Servicenet In Northampton, Ma, Heather L. Crawford, Caroline W. Evans, Margot E. Reilly

Theses, Dissertations, and Projects

This research project sought to evaluate if program participants of ServiceNet’s Mental Health Recovery Services (MHRS) feel supported to meet their self defined needs and goals. These researchers were guided by the principles of Participatory Action Research (PAR) and facilitated three focus groups who designed a mixed methods survey tool to be distributed by ServiceNet Recovery Counselors. Twelve surveys were refused and returned unopened, 56 program participants received the survey envelopes and did not return them, and 34 surveys were returned completed (n=34).

Participants demonstrated high satisfaction around housing, transportation, personal growth, emotional support, feeling treated like a human being, …

Vol. 45, No. 1: Full Issue, Denver Journal Of International Law & Policy

Denver Journal of International Law & Policy

No abstract provided.

An Empirical Research Agenda For The Forensic Sciences, Jonathan J. Koehler, John B. Meixner Jr.

Journal of Criminal Law and Criminology

After the National Academy of Sciences issued a stunning report in 2009 on the unscientific state of many forensic science subfields, forensic science has undergone internal and external scrutiny that it had managed to avoid for decades. Although some reform efforts are underway, forensic science writ large has yet to embrace and settle upon an empirical research agenda that addresses knowledge gaps pertaining to the reliability of its methods. Our paper addresses this problem by proposing a preliminary set of fourteen empirical studies for the forensic sciences. Following a brief discussion of the courtroom treatment of forensic science evidence, we …

The Exercise Of Power In Prison Organizations And Implications For Legitimacy, John Wooldredge, Benjamin Steiner

Journal of Criminal Law and Criminology

Extrapolating from Bottoms and Tankebe’s framework for a social scientific understanding of “legitimacy,” we argue that differences in how correctional officers exercise “power” over prisoners can potentially impact their rightful claims to legitimate authority. Given the implications of this argument for the “cultivation” of legitimacy (as discussed by Weber), the study described here focused on (a) individual and prison level effects on the degree to which officers generally rely on different power bases when exercising their authority, and (b) whether more or less reliance on different power bases at the facility level impacts prisoners’ general perceptions of officers as legitimate …

The Nature And Function Of Prosecutorial Power, Jordan A. Sklansky

Journal of Criminal Law and Criminology

The key to the growing prominence of prosecutors, both in the United States and elsewhere, lies in the prosecutor’s preeminent ability to bridge organizational and conceptual divides in criminal justice. Above all else, prosecutors are mediating figures, straddling the frontiers between adversarial and inquisitorial justice, between the police and the courts, and between law and discretion. By blurring these boundaries, prosecutors provide the criminal justice system with three different kinds of flexibility—ideological, institutional, and operational—and they strengthen their own hands in a legal culture that increasingly disfavors institutional rigidity and hard-and-fast commitments. At the same time, though, the mediating role …

Secular Dissent: Protecting Non-Believers From Coercive Religious Parole Programs, Phillip Grudzina

Journal of Criminal Law and Criminology

It is common practice for states to contract with third party organizations to run their parole rehabilitation programs. A majority of these organizations emphasize religious themes as a means of recovery from alcohol and substance abuse problems. However, for parolees who reject a belief in God, there are rarely any secular alternatives available. Those whom object are often given the choice between forced participation in religious activities or revocation of their parole. For years, courts have held that such practices violate parolees’ First Amendment rights. Nonetheless, most states have failed to implement policies to prevent such violations from reoccurring. Due …

The Colors Of Cannabis: Race And Marijuana, Steven Bender

Faculty Articles

No abstract provided.

Recidivism And Time Served In Prison, Daniel P. Mears, Joshua C. Cochran, William D. Bales, Avinash S. Bhati

Journal of Criminal Law and Criminology

A justification for lengthier stays in prison stems from the belief that spending more time in prison reduces recidivism. Extant studies, however, have provided limited evidence for that belief and, indeed, suggest the effect of time served may be minimal. Few studies have employed rigorous methodological approaches, examined time spans of more than one to two years, or investigated the potential for the relationship between recidivism and time served to be curvilinear. Drawing on prior scholarship, this paper identifies three sets of hypotheses about the functional form of the time served and recidivism relationship. Using generalized propensity score analysis to …

Parental Kidnapping, Criminal Contempt Of Court, And The Double Jeopardy Clause: A Recommendation For State Courts, Valerie Brummel

Journal of Criminal Law and Criminology

In states such as Illinois, courts invoke the Double Jeopardy Clause of the United States Constitution to protect parental kidnappers who have already been held in contempt of court from subsequent prosecution under state child kidnapping laws. State courts should not apply the Double Jeopardy Clause to protect parental kidnappers; instead, they should follow the example of the Ohio state courts by recognizing that contempt of court and child kidnapping are not the same crime for double jeopardy purposes. The many differences between the crimes of contempt and parental kidnapping, the disparity between sanctions delivered by the court for contempt …

Evidence Laundering In A Post-Herring World, Kay L. Levine, Jenia I. Turner, Ronald F. Wright

Journal of Criminal Law and Criminology

The Supreme Court’s decision in Herring v. United States authorizes police to defeat the Fourth Amendment’s protections through a process we call evidence laundering. Evidence laundering occurs when one police officer makes a constitutional mistake when gathering evidence and then passes that evidence along to a second officer, who develops it further and then delivers it to prosecutors for use in a criminal case. The original constitutional taint disappears in the wash.

Courts have allowed evidence laundering in a variety of contexts, from cases involving flawed databases to cases stemming from faulty judgments and communication lapses in law enforcement teams. …