Digital Commons Network^™

Rethinking Misdemeanor Incompetence, Susan A. Mcmahon

Emory Law Journal

The competence to stand trial system is a “slow-moving tsunami” that has grown exponentially in recent years, capturing far more people than jurisdictions have the capacity to handle. As a result, individuals who are incompetent become trapped in pretrial competence purgatory, often detained in jail for months or even years. The harms of this system can be tragic. Competence detainees have died by suicide, starvation, and beatings. They are placed in solitary confinement, experience neglect and abuse, and deteriorate mentally and physically while confined. Often, these individuals are accused of misdemeanors. Often, they go through the competence process only to …

How Grand Jury Secrecy And Bias Protects And Perpetuates Police-Suspect Impunity, Ilana M. Friedman

Law Faculty Scholarly Articles

This Article proceeds in four parts. Part I introduces the theoretical frameworks for various questions involving police-suspect grand juries, including the structure and function of contemporary grand juries, the law surrounding examinations into an officer’s use of force, modern prosecutorial influences, findings from social psychologists on the impacts of diversity on jury decision-making practices, and how police-suspect grand juries implicate unique political pressures.

Part II presents a description of original methods of data collection. To investigate this setting, forty-seven in-depth, semi-structured interviews with twenty-one respondents in five field sites around the country was conducted. Respondents included civilians and legal

professionals …

The Migration Of Abolition Theory, Matthew Boaz

Law Faculty Scholarly Articles

This Article considers whether and how theories of abolition developed by criminal law scholars are transferrable to the realm of immigration enforcement. A key question is how abolitionist principles might be employed in support of critiques of the United States’ immigration regulatory regime in the same way that these principles have been deployed in denouncing racialized policing and an injurious, industrialized prison system.

This Article makes two contributions: First, it identifies and illuminates a methodology adopted by critical and decarceral criminal law scholars: (i) denouncing the harms of a structural system, (ii) identifying the normative justification(s) for this system, and …

Nipping It In The Bud: The Promise And Perils Of Tort Litigation In Addressing The Health Harms Of High-Thc Products, Rebekah Ninan

Minnesota Law Review Headnotes, Vols. 107 onward (2022-present)

In the last decade use of marijuana has skyrocketed. With the legalization of marijuana in states across the country, a nascent but increasingly powerful cannabis industry has formed. This industry has not only introduced cannabis products into the mainstream, but it has created high-THC products more powerful than anything found in nature or previous black markets. These products, including oils, vapes, and edibles, may have health effects that are unlike any risks that researchers have previously identified with cannabis. Science has started to sound the alarm, but the issue has remained unaddressed in the law. Only two states have introduced …

The State[S] Of Confession Law In A Post-Miranda World, Eve B. Primus

Journal of Criminal Law and Criminology

Police interrogators often use lies, threats, subterfuge, and psychological pressure to coerce vulnerable suspects to speak. These tactics produce false confessions, contribute to racial injustice, and undermine the legitimacy of the criminal process. Despite a documented need for better regulation, theU.S. Supreme Court has watered down constitutional protections in the interrogation room, signaling its intent to delegate most regulation of police interrogation practices to the states. Reformers and scholars must think about how best to push states to fill the void left by the absence of federal oversight.

This Article catalogues four different state approaches to regulating confession law: procedural …

Ending The Presumption Of Reasonableness And Using Data To Reduce Sentencing Disparities, Brandon Mordue

Journal of Criminal Law and Criminology

The idea that one’s punishment should depend on the crime committed rather than which judge happens to do the sentencing strikes most as uncontroversial, if not a requirement for a fair sentencing regime. Forty years ago, the passage of the Sentencing Reform Act promised just that result. Increased data availability allows us to evaluate the project’s success. The results are not encouraging.

Federal defendants are sentenced using guidelines issued by the United States Sentencing Commission that sometimes bear little relation to the underlying wrongdoing. This has created a split among judges, with some following the guidelines and others rejecting them. …

Police Misconduct: Combatting The Complicity Crisis, Eric Arnold

Journal of Criminal Law and Criminology

This Comment explores the current state of police reform in the city of Chicago, with a special focus on the various oversight agencies currently in force. Chicago has a long history of police misconduct, and the city has tried to make changes over the years to restore the community’s trust in policing. The police reform movement became especially prevalent in recent years following the fatal shooting of Laquan McDonald by a Chicago Police Officer in 2014. This Comment will show why the current mechanisms in place are insufficient to bring the needed change to the Chicago Police Department, and that …

Justice Ginsburg's Criminal Justice Legacy: Fair Tribunals, Fair Punishment, Sandra Guerra Thompson, Samantha Medlin

Journal of Criminal Law and Criminology

Scholars have written much about Supreme Court Justice Ruth Bader Ginsburg’s legacy in many areas of law, but her criminal justice legacy has yet to be fully articulated, likely because she penned few important opinions in this field. This article argues that Justice Ginsburg had an enormous impact across a large area of criminal justice cases decided by the slimmest majority. We explore these close cases and, in so doing, we show her to have played a crucial role in a remarkable number of landmark cases that extended important constitutional protections to criminal defendants. Specifically, she joined the majorities in …

Towards A Federalism(S) Framework Of Punishment, Sheldon A. Evans

Journal of Criminal Law and Criminology

Federalism and its impact on criminal punishment is foundational to understanding the failures of mass incarceration. Scholars studying the negotiation of power between the federal and state governments have highlighted the increase of cooperative agreements that allow these levels of government to accomplish mutually beneficial outcomes for their overlapping constituencies. In the context of criminal punishment, however, such cooperation has devolved into a race to the bottom in a bipartisan push to punish. Consequently, the modern cooperative era of federalism has facilitated mass incarceration in many respects as a policy vehicle to accomplish a national tough-on-crime agenda.

This Article argues …

Military Justice: The Forgotten Jurisdiction In Capital Punishment, Erica C. Medley

Journal of Criminal Law and Criminology

The military capital punishment scheme for murder in peacetime is unconstitutional. It does not meet the Eighth Amendment’s requirement of heightened reliability for capital cases because it fails to include a trial by jury. The Supreme Court identified concerns about court-martial panels compared to juries in Reid v. Covert and United States ex rel. Toth v. Quarles. These concerns are exacerbated by the research from the Capital Jury Project regarding how the race and gender of jurors can affect capital sentencing determinations. Specifically, as the number of white males increases on a jury, the likelihood of a death sentence increases. …

Sentencing Insurrection, Kevin Lapp

Journal of Criminal Law and Criminology

On January 6, 2021, an estimated two thousand people broke police lines and breached the U.S. Capitol building in an effort to prevent the certification of the 2020 presidential election results. Over one thousand people have been charged with various crimes for their actions that day, from misdemeanor trespassing charges to felony assault with a weapon and seditious conspiracy. Relying on publicly available sources, this Article presents results from an analysis of the first 514 people to have been sentenced in federal court for crimes committed on January 6. The result is a snapshot of the insurrectionists, the charges they …

Proof Beyond A Reasonable Doubt Doesn't Exist: Except As An Emergent Property Of A Complex Adaptive System, Ronald J. Allen, Nicolas Elliott-Smith

Journal of Criminal Law and Criminology

The pursuit of knowledge is undergoing a transformation. Scientists and scholars are rejecting standard reductionist efforts, popularly captured by “the scientific method” and embracing the framework of complexity theory and complex adaptive systems. That framework is invaluable to understand both the law of evidence and the nature of Anglo-American legal systems. It also has significant implications for the ongoing debate over the concept of law. This Article demonstrates how “proof beyond a reasonable doubt” (BARD) does not exist in any knowable form, except as an emergent property of a complex adaptive system—the criminal process. First, what constitutes BARD will vary …

Probation Without A Home: How Probation Maintains Barriers To Successful Completion While Homeless, Olivia K. Babin

Journal of Criminal Law and Criminology

Following the Supreme Court’s decision in Grants Pass v. Johnson, national attention is being brought to discussions about the criminalization of homelessness and the experiences of homeless people in the criminal legal system. Community supervision (probation and parole) is an oft-forgotten portion of the criminal justice system, despite there being nearly triple the number of people on parole or probation than the number of people incarcerated in the United States. Probation specifically is seen as an alternative to incarceration. Some view it as a more humane punishment than incarceration; others believe probation is far too lenient and sentenced too often. …

Institutional Structures Of Penal Inequality, Alexandra Natapoff

Journal of Criminal Law and Criminology

The U.S. penal apparatus is a bundle of wildly divergent practices. Police in some cities use more force than others. Prosecutors in some jurisdictions file charges automatically while others screen carefully. Public defenders in some counties lack zeal while others provide high quality representation. Offices that share the same name and perform the same basic legal functions—“police,” “prosecutor,” “public defender,” “criminal court”—actually operate according to highly disparate legal, professional, and normative standards. These differences give rise to a stratified criminal process in which a minority of defendants and cases are handled lawfully with attention and care, while a much larger …

Accommodating Disabilities During Arrests: Toward A Model Law To Improve Police Response To Mental Health Crisis, Michael Harel

Emory International Law Review

Policing people with mental illness (PWMI) presents a persistent global challenge. Although PWMI do not have a greater propensity for violence, they are disproportionately killed during police encounters. Using Australia as a case study, this Comment argues that use-of-force laws are inadequate in these situations because they defer excessively to officer discretion—failing to account for how officers often escalate encounters with PWMI by neglecting appropriate crisis-response tactics or by misperceiving PWMI behavior as violent, even when that behavior reflects mental health symptoms rather than actual threats. Current legal standards often excuse such perceptions, but properly trained officers should be expected …

Pls 3613 : Public Policy, Political Science

Approved Course Proposals

No abstract provided.

The Time Is Now For Oral Health To Embrace Trauma-Informed Care, Carlos Smith, Ruth Bravo-Anez Med, Ncc, Shelvia English Phd

Journal of the American College of Dentists

Trauma-informed care (TIC) starts with a comprehension of trauma and the recognition of its profound impact on individuals and their well-being.1 Trauma is pervasive and affects almost everyone in one way or another. This dynamic extends to dental care as well: people approach and respond to subsequent encounters with dental professionals based on past experiences, especially if trauma is involved. By adopting a trauma-informed approach, healthcare professionals can cultivate empathy and responsiveness to patients’ needs and enhance their self-efficacy.

Exploring How Political Affiliations Influence Trust In Ai Applications, Md Imran Ahsan

Theses and Dissertations

This paper examines the impact of partisanship on public trust in the utilization of Artificial Intelligence (AI) by private and public institutions. This study utilizes data from the “Artificial Intelligence: American Attitudes and Trends” survey (Zhang & Dafoe, 2019). Survey-weighted OLS regression models are employed to examine the variations in trust levels across different private and public institutions. This study hypothesizes that H1: Compared to Republicans, Democrats will report higher levels of confidence in public institutions to develop AI in the best interests of the public. H2: Compared to Democrats, Republicans will report higher levels of confidence in private institutions …

What’S Age Got To Do With It? The Cognitive Effects Of Racial And Gendered Microaggressions Among Black Women And The Role Of Age, Colorblindness And Racial Identity, Jazsmine Towner

Theses and Dissertations

Racial microaggressions are brief, everyday derogatory interactions in the form of subtle insults, gestures, or slights (Sue et al., 2007). Microaggressions often are intentional or unintentional interactions that communicate denigrating messages to individuals holding marginalized identities. Previous research suggests that exposure to microaggressions directly results in cognitive depletion (Banks & Landau, 2021). The purpose of this study was to examine the impact of exposure to racial and gendered microaggressions on Black women’s cognitive functioning and the role of racial centrality, age, and colorblind attitudes. I hypothesized that (a) condition assignment would predict changes in cognitive functioning for Black women, (b) …

Normalizing Delinquency And Risky Behaviors In Adolescents: An Application Of Neutralization Theory To Parents, Audrey Cheatham

Theses and Dissertations

Sykes and Matza’s Neutralization theory (1957) was originally developed to explain juvenile involvement in delinquency, with extensions of this theory being used to understand crime in other offending groups. Although neutralization theory has been widely applied to offenders, far less research has examined how neutralizations may be used by non-offending groups. This study applies Sykes and Matza’s framework to parents to explore whether neutralizations are being employed to justify risk taking or delinquent behavior among their adolescent children. This study also examines how parents differentiate risky behavior from delinquent behavior, as well as their attitude towards seven major risk factors …

De-Policing: An Updated Empirical Analysis Of Crime And Federal Police Reform, Stephen Rushin, Griffin Sims Edwards

Faculty Publications & Other Works

This Article builds on prior work by empirically analyzing the effect of federal intervention in local police departments on crime and clearance rates, using updated data and methodologies.

Congress passed 34 U.S.C. § 12601 (formerly 42 U.S.C. § 14141) in 1994 to give the United States Attorney General the authority to seek equitable relief against local and state law enforcement agencies engaged in patterns or practices of misconduct. Since its passage, the Department of Justice has investigated and intervened into dozens of American police departments, including some of the largest police departments in the country. Federal intervention represents one of …

Limits On Traffic Stops: Saving Lives By Constraining Police Authority, Jeannine Bell, Stephen Rushin

Faculty Publications & Other Works

This Article considers how policymakers can more effectively constrain police authority during traffic stops to reduce racial disparities and prevent unnecessary violence.

We begin by chronicling the power granted to police officers during traffic enforcement and the harms generated by this discretionary power. Under existing criminal procedure, police officers have considerable authority to stop motorists for any technical violation of the traffic code, even if the stated justification is a pretext for investigating an unrelated hunch or suspicion. After stopping a motorist, existing doctrine gives police the ability to question them, search their vehicles under numerous circumstances, arrest drivers for …

Montana Assault Resource Index, Storytelling & Education (Mt A.R.I.S.E.): Breaking Barriers To Disclosure Of Sexual Violence In The Lgbtq+ Community, Olivia G. Donohue, Kate Alexandra Bick, Emma Hixson, Cana Odegaard

Undergraduate Theses, Professional Papers, and Capstone Artifacts

No abstract provided.

Robots And (Indian) Reservations: A Jurisdictional Nightmare Waiting To Happen, Adam Crepelle

Faculty Publications & Other Works

Advances in artificial intelligence are expanding the possibilities of robots. Indeed, robots are now engaging in numerous activities previously thought to require human cognition, such as driving cars and diagnosing diseases. Scholars have published numerous articles examining the intersection of law and robots across myriad fields. However, legal scholarship has yet to explore the relationship between robots and federal Indian law. This is a significant oversight because there are 574 federally recognized tribes and over fifty-six million acres of Indian country. Thus, legal issues involving tribes and robots are inevitable. This is the first law review article dedicated to exploring …

Individual Brainstorming: Exploring The Efficacy Of The Cyclical Divergent To Convergent Innovation Model (Cdcim), Abu Jaed

Psychology Theses - Archive

This thesis explored the adaptation of the Cyclical Divergent to Convergent Innovation Model (CDCIM), a structural model used in group brainstorming settings, to the context of individual brainstorming. The primary objective was to investigate whether this brainstorming model enhances the creative output of individuals in terms of idea quantity, quality (based on novelty and feasibility), and divergence in the final output. The study employed an experimental design involving 174 participants, divided into two conditions: Linear (C1), and CDCIM (C2). Participants were tasked with designing various aspects of a futuristic university. The results showed that participants in the CDCIM condition generated …

(Doesn't) Gotta Be This Or That: The Updated Mhra Versus The Gender Binary, Phil Duran

Mitchell Hamline Law Review

No abstract provided.

Fighting Fgm In Minnesota: Minnesota Legislation Vs. Model Legislation, Molly Rosenfield

Mitchell Hamline Law Review

No abstract provided.

Rct Pre-Post Training Analysis Of The Vipcorps Maternal Mortality Prevention Course With A Focus On Intimate Partner Violence (Ipv), Rose A. Wood

Theses and Dissertations--Public Health (M.P.H. & Dr.P.H.)

Maternal mortality rates rob families across the U.S. of a mother figure, and each death is preventable. The U.S. has the highest maternal mortality rate of high-earning countries. This study assesses the effects of the VIPCorps program, a course on the top 3 risk factors of maternal mortality, on improving knowledge and attitudes towards victims of IPV. Students in helping professions at the University of Kentucky (n = 223) were recruited via on campus advertising and remotely allocated to either the VIPCorps program or a mock maternal mortality training control. Generalized linear modeling was used to estimate the difference in …

Judicial Imperialism: The Supreme Court’S Assault On Tribal Sovereignty And The Rule Of Law, Adam Crepelle

Faculty Publications & Other Works

The rule of law requires predictability, and the rules governing Indian country create uncertainty. For example, determining whether a person can be arrested on a reservation depends upon a combination of whether the victim and perpetrators are Indians, the type of crime, and the status of the land where the incident occurred. The same goes for contract enforcement. Even when forum selection and choice of law provisions exist, it can take years to determine whether the dispute should be adjudicated in tribal, state, or federal court. Ambiguity extends to countless other areas, including marijuana legalization and usury caps.

Indian country’s …

Gender, Victimization, And Delinquency: Examining Gendered Pathways To Crime Among Juveniles, Caitlin Hinds

Mahurin Honors College Capstone Experience/Thesis Projects

The intersection of gender, crime, and victimization is a critical area of study within criminology, particularly as it relates to understanding the differing pathways men and women take into criminal behavior. Historically, crime statistics have shown a significant male predominance, particularly in violent offenses. Feminist criminology has played an essential role in reframing the narrative around gender and crime, emphasizing the need to examine the gender pathways that shape male and female experiences differently. While men may employ violence more overtly, women often rely on more subtle strategies to navigate criminal activities, avoiding physical confrontation when possible. Feminist criminologists argue …