Law Commons^™

A Look Into Wrongful Conviction Within The U.S. Justice System, Isabella T. Likos

The Downtown Review: An Interdisciplinary Journal Written and Peer-Reviewed by Mandel Honors College Students at Cleveland State University

The United States justice system has principles in place in order to prevent wrongful convictions such as the presumption of innocence and having to prove beyond a reasonable doubt. However, even with these principles in places there are times that people are wrongfully convicted. There are multiple reasons why wrongful conviction occur, including false confessions and erroneous eyewitness testimony. Wrongful conviction impacts not only the wrongfully convicted, but their family, friends, and the victims. While wrongful convictions do happen, there are steps that can be taken going forward that can help prevent them and exonerate the wrongfully convicted.

Perceived Psychosocial Impacts Of Legalized Same-Sex Marriage: A Scoping Review Of Sexual Minority Adults’ Experiences, Laurie A. Drabble, Angie R. Wootton, Cindy B. Veldhuis, Ellen D.B. Riggle, Sharon S. Rostosky, Pamela J. Lannutti, Kimberly F. Balsam, Tonda L. Hughes

Faculty Research, Scholarly, and Creative Activity

A growing body of literature provides important insights into the meaning and impact of the right to marry a same-sex partner among sexual minority people. We conducted a scoping review to 1) identify and describe the psychosocial impacts of equal marriage rights among sexual minority adults, and 2) explore sexual minority women (SMW) perceptions of equal marriage rights and whether psychosocial impacts differ by sex. Using Arksey and O’Malley’s framework we reviewed peer-reviewed English-language publications from 2000 through 2019. We searched six databases (PubMed, PsycINFO, CINAHL, Web of Science, JSTOR, and Sociological Abstracts) to identify English language, peer-reviewed journal articles …

First Amendment Knowledge And Competence In United States Residents, Cynthia J. Najdowski, Kimberly M. Bernstein

Psychology Faculty Scholarship

Lacking adequate knowledge about one's rights could inhibit the likelihood of exercising one's rights or lead one to unwittingly violate laws that place legitimate limits on these rights. Thus, the present research examines First Amendment knowledge as well as competence to apply this knowledge in relevant circumstances. Results revealed that one-quarter of participants failed a test of objective knowledge on First Amendment rights. Furthermore, participants' belief in their ability varied depending on their level of knowledge, in line with the Dunning–Kruger effect. Participants also failed to transfer their limited objective knowledge to “real-world” situations, exhibiting impaired First Amendment competence. These …

Motorcycle Fatality Rates Due To Head Injuries Are Lower In States With Helmet Laws, Mary E. Helander

Population Health Research Brief Series

There are over 4,500 motorcycle crash fatalities per year in the U.S., on average. Roughly 37% of those deaths involve head injuries. Motorcycle helmet laws reduce fatalities, serious cognitive disabilities, and social costs. Yet many states have no helmet laws. This data slice shows that from 1999 to 2019, states with helmet laws had a 33% lower head-related fatality rate compared to states without helmet laws. Motorcycle helmet laws clearly save lives.

Untold Stories Of The African Diaspora: The Lived Experiences Of Black Caribbean Immigrants In The Greater Hartford Area, Shanelle A. Jones

University Scholar Projects

The African Diaspora represents vastly complex migratory patterns. This project studies the journeys of English-speaking Afro-Caribbeans who immigrated to the US for economic reasons between the 1980s-present day. While some researchers emphasize the success of West Indian immigrants, others highlight the issue of downward assimilation many face upon arrival in the US. This paper explores the prospect of economic incorporation into American society for West Indian immigrants. I conducted and analyzed data from an online survey and 10 oral histories of West Indian economic migrants residing in the Greater Hartford Area to gain a broader perspective on the economic attainment …

Clark Memorandum: Spring 2021, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• Rooting Out Racism
• How Do We Practice Our Religion While We Practice?
• Hope in Hardship
• The Unity Paradox

Read on Issuu

Specter Of Reform: Understanding The Violent Crime Control And Law Enforcement Act Of 1994 And Its Role In Expanding The Modern Prison Industrial Complex, Timothy Nii-Okai Welbeck

Arlen Specter Center Research Fellowship

The United States incarcerates more of its citizens than any other nation in recorded history, and currently houses roughly 25% of the world’s prison population. Though the US prison population dipped in 2016 to its lowest rate since 1993, the sheer number of people under the supervision of the criminal justice system within the country is staggering. As of 2012, one in one hundred adults in the US are in jail or prison, which makes the US the nation with the world’s largest prison population. The US also leads the world in rate of incarceration. Thus, the nation’s prisons teem …

Life Through The Eyes Of An Undocumented Immigrant In The United States, Yesenia Torres

Electronic Theses, Projects, and Dissertations

This research project focused on how undocumented immigrants experience their lives in the United States, taking in mind the multiple barriers that prevent them from integrating into the community. This research project surveyed the California State University of San Bernardino School of Social Work students who work or engage with undocumented immigrants. A positivism paradigm research design was used to obtain quantitative data of participant's knowledge of immigrants' past and present experiences while living in the United States. The study's goal was to bring mental health awareness to the well-being and emotional experiences during the resettlement and acculturation of undocumented …

Caring Against The Carceral: How Families Mediate The Social Death Of Incarceration, Jessica Claire

Graduate Theses and Dissertations

Incarceration, especially in the United States, is deeply related to issues of racism, poverty, and citizenship. These particular experiences are the result of a history of biopolitical control affecting Black and brown communities and have a quintessential origin in enslavement. Those who are incarcerated are isolated, dishonored, and powerless as a result of the criminalization of race and poverty. These observations led to questions surrounding the particular impact families may have on the experiences of those who are incarcerated. Families of Incarcerated Loved ones, or FOILs, mediate incarceration through intentional socialization which has the potential to counteract the realities of …

‘Con Los Brazos Abiertos’: Venezuelan Migration And The Humanitarian State Under Ecuador's Moreno Administration, Madeline Cook

Honors Theses

In its 2008 Constitution, Ecuador enshrined radically inclusive principles of universal citizenship and legal protections for migrants, written in a moment of historic Ecuadorian emigration. Yet in the wake of the Venezuelan migrant crisis and President Lenin Moreno’s shift towards austerity, how has his administration (2017-2021) responded to the Venezuelan migration in policy and in political discourse? Through an analysis of legal documents including ministerial agreements, legislation, executive decrees, and the VERHU visa, this paper outlines a pattern of legal restrictions levied on Venezuelan migrants. Additionally, this paper employs a qualitative content analysis of the Moreno administration’s political discourse, including …

Official Misconduct And Error Correction Mechanisms In Exonerated Death Penalty Cases, Kamali'ilani Theresa Elizabeth Wetherell

UNLV Theses, Dissertations, Professional Papers, and Capstones

There has been an average of approximately 3.9 death penalty exonerations annually in the United States since 1973 (DPIC, 2021). Wrongful convictions and executions constitute grave and irreversible errors. Studies show official misconduct is one of the leading causes for wrongful convictions and exonerations. Misconduct by police, prosecutors, and judges includes a wide range of behaviors such as coercing confessions, depriving rights to legal counsel, threatening witnesses, and concealing evidence. Operating under the due process model, the adversarial legal system is designed to detect and prevent any procedural violations of defendant’s rights, including official misconduct. Utilizing Packer’s (1964) due process …

Intersectionality And Accessibility To Social Services, Nora Khuder

Thinking Matters Symposium

In times of a crisis the intersectionality of sex, class, and ability creates a vulnerable population. Many available “resources'' are exhausted, due to high demand. Intersectionality signifies the impact of multiple intersecting identities in society as a direct correlation to the specific and unique barriers of marginalized groups. Resources are currently limited due to the lack of representative data. Although many studies have been conducted, many researchers have failed to capture the need of social services in rural areas.

Children Are Human, Kim Pearson

Texas A&M Law Review

There are great benefits to be had should the United States, one of the global leaders in economic strength and political power, ratify the United Nations Convention on the Rights of the Child (“CRC”). The mystery of the United States’s ultimate reluctance to ratify the CRC, despite the nation’s central role in the drafting process, has been interrogated for years. Scholars and policy- makers have developed compelling narratives regarding obstacles to the United States’s ratification and implementation of the CRC. However well- reasoned the arguments for ratification are, there has been little progress in persuading the United States to ratify …

In The Spirit Of St. Peter Claver: Social Justice And Black Catholicism In San Antonio, Philip Lampe Ph.D.

Verbum Incarnatum: An Academic Journal of Social Justice

The editors want to take the space reserved for the abstract to say that this is the final piece of research that Phil Lampe completed before his passing. We publish it here posthumously in tribute to Phil’s tireless work for social justice, as editor of Verbum Incarnatum, as researcher of social-justice efforts in South Texas and Mexico, and as an educator committed to inspiring students to pursue justice in their lives outside the academy.

Social Justice In The Cigar Factory: The Finck Cigar Strikes, 1933-1935, Roger Barnes

Verbum Incarnatum: An Academic Journal of Social Justice

No abstract provided.

A Participatory Action Research Study Of Police Interviewing Following Crisis Intervention Team Training, Maria Felix-Ortiz, Catherine Steele, Marisa Deguzman, Georgen Guerrero, Melissa Graham

Verbum Incarnatum: An Academic Journal of Social Justice

Estimates vary, but a third to one half of individuals shot and killed by police have a mental illness or disability, and many who are taken into custody languish in county jails where no treatment for their illness is available. The Crisis Intervention Team (CIT) model is an increasingly important adjunct to U.S. police training because it de-escalates tense situations, diverts people with mental illness away from jail and into treatment, and can reduce the risk of civilian deaths during a police encounter. As such, it is a strategy for reducing the social injustice of incarceration or deaths of people …

Promises Endure: Historical Views Of Nursing Faculty, Laura R. Muñoz

Verbum Incarnatum: An Academic Journal of Social Justice

Lessons learned from the history of an organization are valuable. This is especially true for an organization with the legacy held by the Ila Faye Miller School of Nursing and Health Professions at the University of the Incarnate Word. Memories recounted by nursing faculty were collected to enhance information provided in the two-volume chronicle written by Sister Patrice Slattery in 1995 entitled, “Promises to Keep” and the last history of the school, “The Story of One School of Nursing” written by Sister Charles Marie Frank in 1976.

“Can You Make It Out Alive?” Investigating Penal Imaginaries At Forts, Sanitaria, Asylums, And Segregated Schools, Linda Mussell, Kevin Walby, Justin Piché

Qualitative Criminology (QC)

"We draw from literature on penal imaginaries to examine representations at fright nights and other staged cultural scenes from across Canada and the United States that reproduce justifications for imprisonment and punishment. Based on an analysis of online content and news coverage of fright nights organized at forts, sanitoria, psychiatric institutions/asylums, and segregated schools, we demonstrate that these displays mobilize stereotypes and shame to denigrate prisoners and naturalize imprisonment. Moreover, we show that these displays invoke health tropes concerning contagion to intensify fears regarding prisoners by portraying them as a threat to the social body, further rationalizing the existence of …

Do I Report This? Understanding Variation In The Content Of State Mandatory Reporting Laws, Robert D. Lytle, Dana L. Radatz, Lisa L. Sample, Randi M. Latiolais

Qualitative Criminology (QC)

"Since accusations went public that administrators at Pennsylvania State University ignored reports of child abuse during the Jerry Sandusky trial almost a decade ago, several educational and state agencies have reinterpreted aspects of their respective laws requiring certain persons to report suspected child maltreatment (mandatory reporting laws). These reinterpretations were possible due to the ambiguity of statutory language used in the law and, subsequently, may have exposed individuals to a legal responsibility to report to which they were previously unaware. In this study, we use a thematic content analysis to examine variation across state mandatory reporting statutes from all fifty …

Policing Perspectives Concerning Confusion And Uncertainty In Policing Practices With “Honour”- Based Crimes And Forced Marriages, Wendy Aujla

Qualitative Criminology (QC)

"Police regularly deal with various forms of violence against women and girls, such as domestic violence, family violence, and intimate partner violence in police work. However, since certain kinds of violence require a more nuanced approach to investigations, this paper reports on the experiences and challenges in policing different types of violence, such as “honour”-based crimes (HBCs), including forced marriages (FMs), within the broader Canadian discourse and political stances informing law and policy decisions. As well as what is still needed to improve responses to HBCs and FMs, it is important to consider the impact of laws and policy changes …

“It’S Not A Conversation Starter.” Or Is It?: Stigma Management Strategies Of The Formerly Incarcerated In Personal And Occupational Settings, Nicholas Park, Grant Tietjen

Qualitative Criminology (QC)

"Mass incarceration and its ill effects remains a major social problem in the United States. Those exiting the criminal justice system reenter society with the label of exconvict, a label that is permanent, highly stigmatized in American society, and has serious potential ramifications for successful reintegration, including: access to employment, higher education, and housing; acceptance in their communities; and successful personal relationships. The purpose of this study was to explore (1) anticipated stigma, (2) actual experienced stigma, and (3) the stigma management strategies that formerly incarcerated individuals employed in their personal and occupational lives. Drawing from a modified labeling theory …

Mayor Pete, Obergefell Gays, And White Male Privilege, Russell K. Robinson

Buffalo Law Review

This Article argues that Mayor Pete Buttigieg seized the national imagination and a substantial number of Democratic delegates through the combination of his gay identity and his alignment with masculinity norms generally assigned to heterosexual men, and by taking aim at more senior and qualified women candidates, namely Senators Elizabeth Warren and Amy Klobuchar. Buttigieg’s unprecedented success suggests that some White gay men now enjoy a unique pathway to reclaiming their status as men and asserting White male privilege. In short, contrary to pervasive media claims, Buttigieg’s success should be read as a breakthrough for certain White gay men, but …

Noble Intent Is Not Enough To Run Veterans Court Mentoring Programs: A Qualitative Study Of Mentors’ Role Orientation And Responsibilities, Anne S. Douds, Eileen M. Ahlin, Cassandra Atkins-Plunk

Qualitative Criminology (QC)

"Mentoring is a key component of veterans treatment courts, a diversionary problem-solving court for justice-involved military veterans. Mentoring programs are unique to veterans’ courts; no other problem-solving courts systematically include them as critical components of their court programming. Despite their prominence in veterans courts, little is known about mentor program operations and court expectations for mentors’ roles and responsibilities. This study examines mentors’ roles and responsibilities as perceived by mentees, mentors, and veterans treatment court staff. Using in-depth interview data from respondents from each of these groups, supplemented by observational data from court hearings and pre-court meetings, we identify three …

Evaluation Of Sport Facilities In Sport Cities In Jordan, Sari Hamdan

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

The aim of this study was to evaluate facilities in sport cities in Jordan. The sample of this study consisted of (24) employees in sport cities the researcher bilt a tool and validity and reliability was done for the research tool. The results showed that sport cities were in a good condition, however, El-Hussien city was significantly better than the other sport cities. The researcher recommended to using the research tool of this study as instrumentation to evaluate sports facilities in sport cities.

Italian Ambitions In Syria And Lebanon (1870-1945), Ahmad Alshrideh

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

The aim of this study is to clarify the Italian Ambitions in Syria and Lebanon (1870-1945), and shows the Italian orientation in this region, and to know the Italian methods to achieve its ambitions. The study talks about the Italian movement towards Lebanon, and the Italians Intervention in Lebanese civil war 1860. Finally, the study recalls the Italian claims her mandate to Syria and Lebanon as an alternative to the French mandate. The study concluded that, despite Italys efforts to achieve its ambitions in Syria and Lebanon, it deeply collides with the legacy institutions that established by England and France …

The Impact Of Implementing The Principles Of Good Governance On The Quality Of Administrative Reports In The Palestinian Municipal Councils, Faeyz Abuamria, Nasser Mohammad Soud Jaradat, Mohammad Shaded

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

This study aims at clarifying the impact of implementing the principles of good governance on the quality of administrative reports in the Palestinian municipal councils. A questionnaire was designed to pilot the views of mayors, deputy mayors, directors, heads of departments and employees in Bethlehem and Hebron directorates. Results showed that it is too early to talk about sound governance at local councils in the absence of applying the minimal principles of governance such as accountability, transparency and involving staff in decision-making. Furthermore, the administrative reports administered by the heads of administrative departments do not reflect the real situation nor …

The Martin Institute: Prints, Spring 2021, Stonehill College: The Martin Institute For Law And Society

The Martin Institute: Prints

No abstract provided.

Fighting Human Trafficking And Exploitation Through The Power Of Local Policy And Programs: Analysis And Recommendations, Abby Torrice

Community Engagement Student Work

While the United States has made great strides since 2000 to combat human trafficking federally, there is still much to be done. This capstone project provides a comprehensive understanding of key terms related to human trafficking. These terms are then used to provide context to the reality of the issue of human trafficking and exploitation in our world today, and specifically the United States. Although human trafficking legislation has made swift advances at the federal level since 2000 and states have followed suit in creating their own policies, local municipalities and communities have an immense amount of power in creating …

To What Extent Is The Death Penalty A Tool Of Racial Terror In America, And How Can We Fix It?, Gabrielle Boileau

Honors Projects

In this project, I seek to answer the question: To what extent is the death penalty a tool of racial terror in America, and how can we fix it? America has long been plagued by the legacy of slavery and white supremacy. In the reconstruction era, when slavery was no longer legal, angry white citizens would simply round up African-Americans and lynch them if they felt they had done something “wrong”. However, in the modern era, such blatant displays of racism are illegal, and the racist views of society are subverted into the court system. Black men are disproportionately arrested …

Increasing Substantive Fairness And Mitigating Social Costs In Eviction Proceedings: Instituting A Civil Right To Counsel For Indigent Tenants In Pennsylvania, Robin M. White

Dickinson Law Review (2017-Present)

The U.S. Constitution provides criminal defendants the right to a court-appointed attorney but gives no similar protection to civil litigants. Although federal law does not supply any categorical rights to counsel for civil litigants, all 50 states have instituted the right in at least one category of civil law that substantially impacts individuals’ rights. Since 2017, several U.S. cities have enacted such a right for tenants facing eviction. In so doing, these cities responded to American families’ increasing rent burden, the recent publication of nationwide eviction data, the sociological research concerning the impact of eviction, and the lack of procedural …