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On The National White Coat “Die-In”: Colorblind Segregation, Mass Incarceration And Increasing Disparities, Cameron Moore Jan 2016

On The National White Coat “Die-In”: Colorblind Segregation, Mass Incarceration And Increasing Disparities, Cameron Moore

Quill & Scope

No abstract provided.

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The Price Of Silence: How The Griffin Roadblock And Protection Against Adverse Inference Condemn The Criminal Defendant, Kelsey Craig Jan 2016

The Price Of Silence: How The Griffin Roadblock And Protection Against Adverse Inference Condemn The Criminal Defendant, Kelsey Craig

Vanderbilt Law Review

In 1965, the Supreme Court held in Griffin v. California that the Fifth Amendment privilege against compelled self-incrimination prohibits judges and prosecutors from pointing to a defendant's failure to testify as substantive evidence of guilt. This doctrine assumes that such a prosecutorial or judicial "adverse comment" compels a negative inference-that the defendant is hiding something. The Griffin Court held that this assumption amounts to an unfair penalty on a defendant's invocation of a constitutionally protected right. This doctrine, however, makes a dangerous misstep in additionally assuming that the prohibition of adverse comment and the administration of limiting instructions curtail a …

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Decriminalization, Regulation, Privatization: A Response To Professor Natapoff, Darryl K. Brown, Lauren M. Messonnier Jan 2016

Decriminalization, Regulation, Privatization: A Response To Professor Natapoff, Darryl K. Brown, Lauren M. Messonnier

Vanderbilt Law Review

No abstract provided.

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Inmate Populations In A Disaster: A Labor Force, A Vulnerable Population, And A Hazard, Jordan Carlee Smith Jan 2016

Inmate Populations In A Disaster: A Labor Force, A Vulnerable Population, And A Hazard, Jordan Carlee Smith

LSU Master's Theses

Within the disaster literature, few studies have been devoted to the role of incarcerated populations as a source of labor within the context of emergency operations. When faced with a lack of resources, emergency management rely on inmate labor forces to prepare for and respond to hazards and disasters. In the U.S., inmates from the Louisiana State Penitentiary helped with sandbagging the facilities in preparing for the potentially flooding of the Mississippi River and Hurricane Katrina (Gaillard, 2012). The state of California has long maintained inmate firefighting forces to combat destructive wildfires statewide (Goodman, 2012). However, there has never been …

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Applying Deception Detection To True And False Confessions: A Novel Approach To Conducting Experiments In Legal Psychology, Olivia Preston Jan 2016

Applying Deception Detection To True And False Confessions: A Novel Approach To Conducting Experiments In Legal Psychology, Olivia Preston

University Honors Theses

Recent exonerations of convicted defendants by the efforts of advocates like the Innocence Project are accompanied by a concerning finding that a large proportion of defendants had falsely confessed to the alleged crime. False convictions result in due process violations and the suffering and stigma of the convicted and their families, in addition to imposing an economic burden on the community. Prior research has identified structural interrogation practices and individual characteristics that increase risk of false confessions, however knowledge on how to identify true and false confessions is minimal and undeveloped. Cues to deception in false statements may be an …

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The United States’ Criminal Justice System Divided* : …On The Connection Between The Exclusionary Rule And Preserving Civil Liberties, Alexandre Pomar Jan 2016

The United States’ Criminal Justice System Divided* : …On The Connection Between The Exclusionary Rule And Preserving Civil Liberties, Alexandre Pomar

University Honors Theses

The injustice by professionals within the criminal justice system gives rise to societal opinion that purports that these respective agencies lack a clear perception of their professional conduct. This invidious neglect toward societal opinion preempts the divide among law enforcement agencies--most specifically--and the United States population. The impaired perception on professional conduct the criminal justice professionals suffer from nationwide owes itself to the misuse of authority and a subsequent lack of accountability for improper actions. Over time, the dissolving of one’s civil liberties has perpetuated in accord to the deference awarded to law enforcement agencies and the courts that allow …

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Oregon Youth Peer Courts: Grand Jury Style, Sierra Udland Jan 2016

Oregon Youth Peer Courts: Grand Jury Style, Sierra Udland

University Honors Theses

Youth Courts are diversionary programs for first time misdemeanors committed by youth. The court is made up of the youth's peers who interact with the defendant and ultimately impose a sentence. In this study two Oregon Youth Courts are examined to discover if the program goals of restorative justice are present. The courts utilize a specific style of peer jury model, called the "Grand Jury style" because the jurors ask the questions and decide the case. Eight cases are observed with a subset of jurors surveyed about sentencing decisions. Restorative justice principles are found through both modes of data collection. …

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Trans* Folks In Motion: Transgender And Gender Nonconforming Individuals' Experiences Of Transit And Transit Spaces, Jade Benner Jan 2016

Trans* Folks In Motion: Transgender And Gender Nonconforming Individuals' Experiences Of Transit And Transit Spaces, Jade Benner

University Honors Theses

Research on the experiences of transgender and gender nonconforming individuals is increasing, and this qualitative sociological study aims to build an understanding of trans* experiences on public transit and their experiences in the unique form of public space the confined space of the city bus and light rail train. I seek to amplify trans* voices, inform trans-inclusive transit policy, and add to conversations on how gender operates in urban and public spaces by contributing perspectives of transgender and nonbinary individuals.

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An Examination Of Approaches To Domestic Violence Advocacy: Recommendation For Generalizable, Experimental Study, Melanie Stewart Jan 2016

An Examination Of Approaches To Domestic Violence Advocacy: Recommendation For Generalizable, Experimental Study, Melanie Stewart

University Honors Theses

Only since the 1970s has there been societal interest in establishing Domestic Violence (DV) advocacy to address the violent oppression of women. The catalyst which brought this issue to the forefront of social consciousness was the Women's Liberation Movement. The activism of the 1960s civil rights movements set the stage for the Battered Women's Movement. Feminists recognized violence as a product of patriarchal society. Patriarchy, and with it personal and institutional violence, was embedded in every aspect of society. Shifting ideological and political views have influenced the evolution of DV advocacy from the grassroots activists’ fight for equality, to the …

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Rewriting History: Using Reconciliation Processes To Revise Dominant Cultural Narratives And Assessing Cultural Readiness For Reconciliation, Flannery Mack Jan 2016

Rewriting History: Using Reconciliation Processes To Revise Dominant Cultural Narratives And Assessing Cultural Readiness For Reconciliation, Flannery Mack

University Honors Theses

Truth and Reconciliation processes are key to rebuilding societies damaged by broad-based, government-sanctioned violence by revising dominant cultural narratives of the violence. In Indonesia, there has been no such process following the killings of between 500,000 and 2 million suspected communists in 1965-66. This paper is an exploration of conflict transformation theory, and of what form a truth and reconciliation process might take in Indonesia following 50 years of impunity. Using Joshua Oppenheimer's 2012 and 2014 documentaries The Act of Killing and The Look of Silence as primary reference points, I use critical discourse analysis to look at how the …

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Gun Control In The United States: An Analysis Of Federal And International Policies And Applications, Claire Hummer Jan 2016

Gun Control In The United States: An Analysis Of Federal And International Policies And Applications, Claire Hummer

University Honors Theses

This paper will examine past and present U.S. gun control policies to better understand the current legal state of gun control, but also to assess gun culture in a nation that was built on its Second Amendment right to bear arms. In addition to U.S. policy, international agreements and gun control policies in other countries will also be analyzed to determine if those policies would be feasible in the U.S., or if the country’s gun culture and legal precedents would simply strike down any attempt to establish more thorough regulations.

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Animal Hoarding: An In Depth Look At The Issues And Interventions, Amanda Mooneyham Jan 2016

Animal Hoarding: An In Depth Look At The Issues And Interventions, Amanda Mooneyham

University Honors Theses

Animal hoarding cases in regard to 501(c)3 nonprofit agencies have been on the rise in recent decades and current intervention strategies are struggling to address this complex social problem. Animal hoarding not only affects the animals being abused, but it has adverse effects on humans and the environment. This paper examines the complexities surrounding animal hoarding, specifically focusing on the rescue hoarder mentality. The current intervention methods used are criminal prosecution, civil/regulatory enforcement, and mental health evaluations/treatments. Criminal prosecution is effective for some animal hoarders, but a lack of laws protecting animals along with animals being viewed as property translates …

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Fathering Interventions For Men Who Use Intimate Partner Violence And Child Maltreatment: Perceived Benefits And Risks, Aaron L. Brown Jan 2016

Fathering Interventions For Men Who Use Intimate Partner Violence And Child Maltreatment: Perceived Benefits And Risks, Aaron L. Brown

University Honors Theses

Intervention classes for fathers that use family violence are in the very early stages of development. The purpose of this paper is to better understand how fathering interventions are minimizing risks and maximizing benefits in working to address the service and knowledge gaps toward father’s that use IPV, CM, or both IPV and CM. Initially, the service and knowledge gaps are identified as well as the perceived benefits and risks of offering fathering interventions. Then, based on the analysis, several recommendations are made for the implementation of these interventions. Following this, I describe two widely available intervention curricula, and discuss …

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How Felon Disenfranchisement Legislation Alters Citizenship And How It Can Be Challenged, Shanae Jung Jan 2016

How Felon Disenfranchisement Legislation Alters Citizenship And How It Can Be Challenged, Shanae Jung

University Honors Theses

Elements of "civil death" were put into heavy practice in the reconstruction era, as the U.S. sought to use disenfranchisement as a means of restricting the integration of "undesirable" groups, specifically the recently emancipated African-Americans. Many states have since done away with restrictions on the voting rights of ex-offenders beyond completion of their sentence and sentence requirements; however, Iowa, Florida, and Kentucky employ strict standards for granting re-enfranchisement—nearly impossible for most to complete. Elsewhere in the U.S. there has been a move from disenfranchisement; Virginia’s Governor recently reinstated franchise rights to ex-offenders through executive order and has continued to do …

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Police Terror And Officer Indemnification, Allyssa Villanueva Jan 2016

Police Terror And Officer Indemnification, Allyssa Villanueva

UC Law Journal of Race and Economic Justice

Police accountability has quickly pressed to the forefront of national conversations and subsequently, the national political agenda. Increasing prevalence of excessive and lethal use of force by police officers induced this attention. President Obama convened a Task Force on 21st Century Policing, after the Department of Justice conducted several pattern and practice investigation of misconduct following the high‐profile deaths of unarmed Michael Brown and Eric Garner. Their deaths both resulted in no criminal charges against responsible officers. Civil suit was the only option left for officer accountability. This Note addresses the use of 42 U.S.C. §1983 as the common civil …

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What's Fear Got To Do With It?: The "Armed And Dangerous" Requirement Of Terry, Gerald S. Reamey Jan 2016

What's Fear Got To Do With It?: The "Armed And Dangerous" Requirement Of Terry, Gerald S. Reamey

Marquette Law Review

Rarely has a court’s opinion, even one from the Supreme Court of the United States, so altered existing notions of constitutional criminal procedure law as did the opinion in Terry v. Ohio. On several levels, the opinion dramatically shifted the way in which the Fourth Amendment was understood. Law students who had learned about the probable cause “requirement” and the warrant “requirement” were surprised to learn, especially in the case of the former, that these “requirements” were not required at all. To continue to conceptualize the Fourth Amendment’s single sentence guarantees as consisting of a “warrant clause” and a “reasonableness” …

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Serious Juvenile Offenders: The Need For A Third Sentencing Option In Wisconsin, Danielle S. Snyder Jan 2016

Serious Juvenile Offenders: The Need For A Third Sentencing Option In Wisconsin, Danielle S. Snyder

Marquette Law Review

In light of the “Slenderman” trial, it has become abundantly clear that a gap exists between the sentencing options available for “Class A” juvenile offenders and “Class B” juvenile offenders. This Comment proposes an expanded sentencing option for “Class B” serious juvenile offenders under the Juvenile Justice Code to allow those “Class B” serious juvenile offenders the benefit of extended supervision in the Serious Juvenile Offender Program as is available to “Class A” serious juvenile offenders currently. This expansion aims to alleviate the concern that certain “Class B” serious juvenile offenders must remain under original adult court jurisdiction in order …

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Anxiously Awaiting The Future Of Restorative Justice In The United States, David R. Karp Phd, Olivia Frank B.A. Jan 2016

Anxiously Awaiting The Future Of Restorative Justice In The United States, David R. Karp Phd, Olivia Frank B.A.

School of Leadership and Education Sciences: Faculty Scholarship

The problems of mass incarceration and other criminal justice system failures in the United States—such as racial disparities, wrongful convictions, and high recidivism rates—have reached a tipping point. For the first time in decades, coalitions of politicians on the left and right are seeking criminal justice reform. What is the place of restorative justice in these efforts? What is the depth and breadth of restorative justice implementation? How familiar is the American public with restorative justice? How successful is the restorative justice movement? In this article, we seek answers to these questions as we try to assess the future of …

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Community Reentry, Mental-Health And Substance Abuse Treatment, And Stigmatization: A Qualitative Study Of Ex-Offenders, Deborah Luckey Jan 2016

Community Reentry, Mental-Health And Substance Abuse Treatment, And Stigmatization: A Qualitative Study Of Ex-Offenders, Deborah Luckey

PCOM Psychology Dissertations

This qualitative study was conducted with ex-offenders who are currently in reentry programs and professionals who have contact with them in order to explore experiences of stigmatization, as well as access and adherence to mental-health and substance abuse treatment. A better understanding of what works and does not work, from the viewpoint of individuals actively engaged in the process of reentry, is needed in order to assist them with successful reentry. A total of 11 participants were in the study; six were in the ex-offender group and five were in the professionals group. All individuals were interviewed using a semistructured …

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Against School Suspensions, Deborah Thompson Eisenberg Jan 2016

Against School Suspensions, Deborah Thompson Eisenberg

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

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National Association Of Social Workers Alabama Chapter Newsletter, Volume 28, No. 13, Nasw–Alabama Chapter Jan 2016

National Association Of Social Workers Alabama Chapter Newsletter, Volume 28, No. 13, Nasw–Alabama Chapter

Esther Brown Collection

Newsletter for the NASW Alabama Chapter. Includes a recap of the organization's 2016 Advocacy Day, at which Esther Brown and Alabama death row exoneree Anthony Ray Hinton spoke.

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Legitimate Justice: Using Clemency To Address Mass Incarceration, Sanjay K. Chhablani Jan 2016

Legitimate Justice: Using Clemency To Address Mass Incarceration, Sanjay K. Chhablani

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

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Justice, Reconciliation, And The Masculinist Way: What Role For Women In Truth And Reconciliation Commissions?, Penelope Andrews Jan 2016

Justice, Reconciliation, And The Masculinist Way: What Role For Women In Truth And Reconciliation Commissions?, Penelope Andrews

Articles & Chapters

During periods of armed conflict, women and girls are frequently subjected to violence because of their gender. National governments have attempted to address this issue through transitional justice mechanisms like truth and reconciliation commissions. The record of women’s input and participation in these processes, however, is rather poor. In this article, I highlight the role of South Africa’s Truth and Reconciliation Commission (SATRC) and the opportunity the SATRC missed in failing to comprehensively confront andexamine the systemic nature of violence against women under apartheid. Many transitional justice mechanisms, the SATRC being one of the more vivid examples, have adopted a …

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The Revised Uniform Fiduciary Access To Digital Assets Act: Has The Law Caught Up With Technology?, Elizabeth Sy Jan 2016

The Revised Uniform Fiduciary Access To Digital Assets Act: Has The Law Caught Up With Technology?, Elizabeth Sy

Touro Law Review

No abstract provided.

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The Complicated Economics Of Prison Reform, John F. Pfaff Jan 2016

The Complicated Economics Of Prison Reform, John F. Pfaff

Michigan Law Review

Two recent books on prison growth directly address the relationship between penal change and economic conditions: Hadar Aviram’s Cheap on Crime and Marie Gottschalk’s Caught. Aviram’s is the more optimistic of the two accounts, arguing that there is at least some potential in an economic-based reform effort. Gottschalk, on the other hand, fears not only that economic-based efforts could fail to lead to significant reforms, but that they could actually make prison life worse for inmates if states cut funding and support without cutting populations. Both books make many provocative points, but both also suffer from some surprising omissions. …

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Face-To-Face With Facial Recognition Evidence: Admissibility Under The Post-Crawford Confrontation Clause, Joseph Clarke Celentino Jan 2016

Face-To-Face With Facial Recognition Evidence: Admissibility Under The Post-Crawford Confrontation Clause, Joseph Clarke Celentino

Michigan Law Review

In Crawford v. Washington, the Supreme Court announced a major change in Confrontation Clause doctrine, abandoning a decades-old framework that focused on the common law principles of hearsay analysis: necessity and reliability. The new doctrine, grounded in an originalist interpretation of the Sixth Amendment, requires courts to determine whether a particular statement is testimonial. But the Court has struggled to present a coherent definition of the term testimonial. In its subsequent decisions, the Court illustrated that its new Confrontation Clause doctrine could be used to bar forensic evidence, including laboratory test results, if the government failed to produce the …

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Confessions In An International Age: Re-Examining Admissibility Through The Lens Of Foreign Interrogations, Julie Tanaka Siegel Jan 2016

Confessions In An International Age: Re-Examining Admissibility Through The Lens Of Foreign Interrogations, Julie Tanaka Siegel

Michigan Law Review

In Colorado v. Connelly the Supreme Court held that police misconduct is necessary for an inadmissible confession. Since the Connelly decision, courts and scholars have framed the admissibility of a confession in terms of whether it successfully deters future police misconduct. As a result, the admissibility of a confession turns largely on whether U.S. police acted poorly, and only after overcoming this threshold have courts considered factors pointing to the reliability and voluntariness of the confession. In the international context, this translates into the routine and almost mechanic admission of confessions— even when there is clear indication that the confession …

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The Opinions And Attitudes Of Police Officers To Proposed Changes To Law Enforcement, Jason C. Contessa Jan 2016

The Opinions And Attitudes Of Police Officers To Proposed Changes To Law Enforcement, Jason C. Contessa

Graduate Theses, Dissertations, and Problem Reports (ETD)

The field of policing has recently come under the public scrutiny due to the events surrounding the deaths of several citizens at the hands of police officers. Although not the first time policing has been criticized, the issues have caused the country to become increasingly divided on whether or not American police forces are in need of reform. There has been an overwhelming amount of complaints against law enforcement and suggestions to improve policies. As political and public figures have taken sides and police administration has made statements regarding the issues, the voices of those that would be most affected …

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The Age Of Intervention: Addiction, Culture, And Narrative During The War On Drugs, Ashleigh M. Hardin Jan 2016

The Age Of Intervention: Addiction, Culture, And Narrative During The War On Drugs, Ashleigh M. Hardin

Theses and Dissertations--English

While addiction narratives have been a feature of American culture at least since the early 19th century’s temperance tales, the creation of the Johnson Intervention in the late 1960s and the corresponding advent of the War on Drugs waged by U.S. Presidents have wrought significant changes in the stories told about addiction and recovery. These changes reflect broader changes in conceptions of agency and the relationship of subject to culture in the postmodern era. In the way that it iterates the imperatives of the War on Drugs initiated by Richard Nixon, the rhetoric of successive U.S. Presidents provides a …

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Suing Under 42 U.S.C. § 1983 For Violation Of The Fifth Amendment: How The Eighth Circuit Should Determine When A Case Commences, Hilary Minor Jan 2016

Suing Under 42 U.S.C. § 1983 For Violation Of The Fifth Amendment: How The Eighth Circuit Should Determine When A Case Commences, Hilary Minor

North Dakota Law Review

No abstract provided.

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