Digital Commons Network^™

Foster Parents’ Perspectives On Factors Influencing The Development Of And The Impact Associated With Secondary Traumatic Stress, Latronia Smith

Doctoral Dissertations and Projects

The purpose of this qualitative phenomenological study was to understand secondary traumatic stress (STS) for foster parents who care for children who have experienced trauma. The three research questions that guided this study were: how do foster caregivers describe their experience with STS, what factors do foster parents perceive as contributors to the development of STS, and how do foster parents cope with symptoms of distress associated with STS? The theoretical framework for the study was based on the stress process theory by Pearlin (1981) which focuses on sources of stress, manifestations of stress, and coping strategies. Data was collected …

A Phenomenological Study Of Faith Community Culture Contributing To Domestic And Intimate Partner Violence, Tara D. Wallace

Doctoral Dissertations and Projects

Acceptance of domestic and intimate partner violence is recognized as occurring in the lives of survivors of domestic and intimate partner violence when they are counseled to return to the environment where their abuse occurred. Acceptance is also recognized as occurring in the lives of perpetrators of domestic and intimate partner violence when their behavior is made known to anyone outside of their environment and the perpetrator’s behavior towards their victims is sheltered, protected, excused, or enabled. In both instances, no efforts are made to change, correct, or stop abusive behavior. Research indicates interaction with the faith community in response …

Access To Mental Health Services Following A Use-Of-Force Encounter With Police, Justine Olivia Wells Blue

Walden Dissertations and Doctoral Studies

African American males are more likely to be involved in a use-of-force encounter with police yet less likely than their non-Black counterparts to seek mental health services afterwards. Little is known about the perceptions this population has about the ease/difficulty they encounter when attempting to access care following the event. The purpose of this qualitative study was to examine the perceptions of 11 African American males in north Saint Louis County, Missouri, about the facilitators of and/or barriers to accessing mental health care services after experiencing a use-of-force encounter with police. Participants were chosen using a purposeful sampling strategy. Data …

Winonan, Winona State University

The Winonan - 2020s

This issue of the Winonan, the Winona State University student newspaper, was published on April 17, 2024.

Quit Using Acquittals: The Unconstitutionality And Immorality Of Acquitted-Conduct Sentencing, Brenna Nouray

Pepperdine Law Review

This Comment examines the phenomenon of acquitted-conduct sentencing—a practice that allows a sentencing judge to enhance a criminal defendant’s sentence due to conduct for which he has already been acquitted. Seventeen-year-old Dayonta McClinton is one of many criminal defendants who have unjustly suffered at the hands of this practice when he received a thirteen-year enhancement because of conduct for which he already received a verdict of not guilty from a jury. This Comment argues that acquitted-conduct sentencing is unconstitutional, as it violates both the reasonable doubt standard required under the Due Process Clause of the Fifth Amendment and the jury …

The Nonexistent Speedy Trial Right, Colleen Cullen

Pepperdine Law Review

The United States Constitution and all fifty states guarantee a speedy trial right for individuals accused of crimes. The controlling United States Supreme Court case, decided over fifty years ago, described the Sixth Amendment as a fundamental right with Fourteenth Amendment Due Process implications. Although the right to a speedy trial is a universally recognized right, this Article compellingly demonstrates the right is actually nonexistent throughout the United States. The COVID-19 pandemic highlighted and exacerbated this previously unrecognized problem in courthouses across the country, which has led to news outlets finally covering the issue of the nonexistent speedy trial. This …

Machines Like Me: A Proposal On The Admissibility Of Artificially Intelligent Expert Testimony, Andrew W. Jurs, Scott Devito

Pepperdine Law Review

With the rapidly expanding sophistication of artificial intelligence systems, their reliability, and cost-effectiveness for solving problems, the current trend of admitting testimony based on artificially intelligent (AI) systems is only likely to grow. In that context, it is imperative for us to ask what rules of evidence judges today should use relating to such evidence. To answer that question, we provide an in-depth review of expert systems, machine learning systems, and neural networks. Based on that analysis, we contend that evidence from only certain types of AI systems meet the requirements for admissibility, while other systems do not. The break …

Wolf In Sheep's Clothing: How Victims' Rights Bills Continue To Let Down Both Crime Victims And Defendants, William Colton Seidel

Georgia Criminal Law Review

There are underlying principles of law that root our criminal justice system into a balanced process between the state and the defendant. However, the victims of crime are often forgotten, and their input limited. To address these concerns, numerous victims’ rights bills have been developed all over the country. Although there are well-written sections of these laws, overall, they are underdeveloped. The newest version of this movement, Marsy’s Law, fails to fix any of the previous issues. With the passage of victims’ rights bills containing sections that serve to endanger this balance while simultaneously failing to fully empower victims, this …

Parental Kidnapping And Domestic Violence: The Need To Reform And Enforce State Action, Anna Ratterman

Georgia Criminal Law Review

When civil family issues intersect with criminal acts, the civil and criminal systems fail to effectuate a complete remedy. Specifically, there are few effective protections for victims of domestic violence during the pendency of domestic relations proceedings. Given the complicated gender dynamics and inequalities that have developed throughout history, it is unsurprising that the criminal and civil systems have failed to prioritize prosecution of crimes against women. Current criminal laws fail to treat domestic violence and parental kidnapping as serious crimes and instead adopt the view that domestic disputes are private issues to be handled within the family. In turn, …

Paying For Prison: Equal Protection Remedies For The United States' Wealth Discrimination Problem, Alexandra Smolyar

Georgia Criminal Law Review

The American dream promises wealth, mobility, and security, yet daily millions of Americans live in abject poverty. What’s more, state and local policies render low-income people uniquely vulnerable to criminalization, further lessening their ability to attain this purported American dream. These effects are not incidental. Rather, they reflect a complexly interwoven system of wealth-based discrimination oftentimes promulgated and perpetuated by government actors. Yet, most constitutional anti-discrimination measures do not reach wealth-based discrimination despite the horrific everyday effects felt by low-income communities nationwide. The criminalization of poverty compounds these problems to create a never-ending cycle of discrimination and collateral consequences whose …

Burning The Candle At Both Ends: A Case For The Right To Counsel At The State Habeas Level, Sierra Stanfield

Georgia Criminal Law Review

Shinn v. Ramirez is the latest in a line of court decisions that place debilitating restrictions on the habeas corpus process, making it more difficult than ever for ineffective assistance of counsel claimants to prevail on a federal habeas claim. Paired with the growing restrictions placed on the criminal appellate process, both by the states and by the Supreme Court, these decisions make it near-impossible for many criminal defendants to challenge their convictions and guarantee their rights.

The decision not to guarantee counsel at the state habeas level is grounded in logic that predated these restrictions. The state habeas hearing …

"Hired Guns": Establishing The Scope Of The Proper Cross-Examination And Argument Relating To Expert Witness' Compensation In Criminal Trials, Michael C. Kovac

Georgia Criminal Law Review

The outcomes of criminal cases can turn on the credibility of the parties’ expert witnesses. The compensation such experts receive in exchange for their work on cases can undermine their credibility, as it provides the experts with a financial incentive that might bias them in favor of the parties who retain them. While concerns with such bias have existed for decades, courts have been inconsistent in the defining the permissible scope of cross-examination and argument on the issue. Some courts have unduly curtailed such cross-examination and argument. Courts have also been inconsistent in their views of whether calling such expert …

Discrimination By Association: The Role Of Race And Exoneration In Hiring Decisions, Emma Bergquist

Butler Journal of Undergraduate Research

People convicted of felonies are often discriminated against when applying for jobs after prison (Mikkelson & Schweitzer, 2019). Interestingly, exonerated individuals are also discriminated against upon their release, even though they were wrongfully convicted. To date, there has been no direct comparison of the discrimination between these two groups when they are applying for jobs. The present study closes this gap by comparing the application strength of candidates with varying categories of race, legal status, and community support. We collected data from 299 CloudResearch participants online and presented them with job application materials that they evaluated as if they were …

Punishment Versus Hope: Perceptions Of Social Media Portrayals Of Restorative Justice, Emily E. Leonard

Butler Journal of Undergraduate Research

Research focused on the intersection of social media messages and perceptions of restorative justice has the potential to provide insight on criminal justice reform. In light of national conversations about mass incarceration, restorative justice has become a topic of conversation on social media, particularly among activists. This research utilized qualitative interviews (n = 20) to ascertain Gen Z college students’ familiarity with, understanding of, and interpretation of messages about restorative justice as portrayed in social media posts that they have been exposed to during the course of their everyday lives. The study found that most participants learned about restorative justice …

Infiltrating The Boys’ Club: The Portrayal Of Women In Popular Crime Dramas, Emma D. Bergquist

Butler Journal of Undergraduate Research

The present study examines whether there has been a change in the portrayal of female criminal investigators over the past two decades. Cultivation theory suggests that media profoundly influences the views of the larger society, thus indicating significant implications of this portrayal. Five popular shows (Chicago P.D., Criminal Minds, CSI: Crime Scene Investigation, Hawaii Five-0, and Law & Order: SVU) were explored, with 200 episodes examined between the series using a mixed-methods approach. The main characters in each show’s first season and most recent season were coded and analyzed. Characters were coded for depth, authority, helplessness, and sexualization, among other …

Programs Agenda 4-16-24, Angela Brock

Programs Committee (PC)

No abstract provided.

Ucc Minutes 4-16-24, Angela Brock

UCC Agendas/Minutes

No abstract provided.

Approved Programs 4-16-24, Angela Brock

Programs Committee (PC)

No abstract provided.

How Does Childhood Exposure To Toys And Video Games Relate To Young Adult’S View On Gun Control?, Shelby Wilmot

Honors Theses

The present study investigated the factors influencing support for gun control and attitudes toward gun control restrictions on individuals, specifically violent video games and toys. From the 119 total responses collected, 78 (65.5%) of the participants identified as female, 34 (28.6%) of the participants identified as male, and 7 (5.9%) of the participants identified as nonbinary. Regression analyses were conducted to examine the relationships between various independent variables and the dependent variables representing these attitudes. For the dependent variable measuring support for gun control, the model summary revealed a moderate correlation

(r = .610), with approximately 37.2% of the variability …

The Link April 16, 2024, Access To Justice Institute

The Link Newsletter

No abstract provided.

The School To Prison Pipeline: How Public Schools Continuously Fail And Isolate Society’S Most Vulnerable Children, Hailey Berry

Seattle Journal for Social Justice

No abstract provided.

Scapegoats, Michelle Leigh Brown

Seattle Journal for Social Justice

No abstract provided.

When Commanders Decide: Military Prosecutorial Decision-Making In Sexual Assault Cases, Chris Cox

Seattle Journal for Social Justice

No abstract provided.

Influence Of Maternal Abandonment, High-Crime Neighborhoods, And Experienced Abuse On Aggressive Assaultive Behavior, Michael David Austin Flood

Walden Dissertations and Doctoral Studies

Assault crimes committed by men in the United States need to be studied empirically if a significant reduction in their occurrence is to take place. The purpose of this nonexperimental quantitative study was to examine the relationship between the reported experience of abuse, growing up in a high-crime neighborhood (HCN), and maternal abandonment with regards to individuals incarcerated for crimes that were operationally classified in this study as aggressive assaultive behavior (AAB). The framework that grounded this study was Bronfenbrenner’s ecology of human development and Beck’s perspective on framing, which guided the focus on how an individual frames an experience …

The Prospector, April 16, 2024, Utep Student Publications

The Prospector

No abstract provided.

Free Your Health: Developing & Implementing A Health Promotion Campaign For Justice-Impacted Women In Wisconsin, Tessa Meurer, Peggy Schroder-West

All Other Contributions

No abstract provided.

Death Of The Subject: Heidegger And Foucault On Subject And Subjectivity, Qiuyue Chen

Electronic Theses and Dissertations Archive

The discourse on subjectivity, a central theme in philosophy, has garnered attention from thinkers like Heidegger and Foucault. Heidegger critiques subjectivity through a lens of metaphysics and ontology, while Foucault examines it as a social construct. This thesis aims to analyze their critiques and find common ground. The first chapter delves into Heidegger's critique of Cartesian subject and subject-object dualism in Being and Time and Being and Truth, arguing it obstructs a comprehensive understanding of human existence. In the second chapter, Foucault's analysis of subjectification, notably in The History of Sexuality, illustrates how the process of subjectification shapes self-knowledge and …

The Development Of International Law In Relation To Crimes Against Humanity, Nikki Redelijk

Global Tides

This paper will look at the development of international law in relation to crimes against humanity. First, juridically applied at the Nuremberg Trials, crimes against humanity has historically offered a compelling juxtaposition between naturalist and positivist law. Hence, this paper attempts to shed light on these juxtapositions, as seen by the respective arguments taken up by the Allies and Germany at Nuremberg. Likewise, this paper will illustrate the complexities within the definition itself. Finally, this paper will clarify the differing definitions taken up at the various tribunals following Nuremberg, leading up to the Rome Statute. It is a hope, that …

Pretrial Commitment And The Fourth Amendment, Laurent Sacharoff

Notre Dame Law Review

Today, the Fourth Amendment Warrant Clause governs arrest warrants and search warrants only. But in the founding era, the Warrant Clause governed a third type of warrant: the “warrant of commitment.” Judges issued these warrants to jail defendants pending trial. This Article argues that the Fourth Amendment Warrant Clause, with its oath and probable cause standard, should be understood today to apply to this third type of warrant. That means the Warrant Clause would govern any initial appearance where a judge first commits a defendant—a process that currently falls far short of fulfilling its constitutional and historical function. History supports …

Proportionalities, Youngjae Lee

Notre Dame Law Review Reflection

“Proportionality” is ubiquitous. The idea that punishment should be proportional to crime is familiar in criminal law and has a lengthy history. But that is not the only place where one encounters the concept of proportionality in law and ethics. The idea of proportionality is important also in the self-defense context, where the right to defend oneself with force is limited by the principle of proportionality. Proportionality plays a role in the context of war, especially in the idea that the military advantage one side may draw from an attack must not be excessive in relation to the loss of …