Legal Studies Commons^™

Analyzing The Response To Covid-19 In Pennsylvania State Correctional Institutions, Elizabeth A. Rousseau

Student Publications

To evaluate the effects of the COVID-19 outbreak on the Pennsylvania prison system, I collected data from the Pennsylvania Department of Corrections, the Pennsylvania Department of Health, and the Marshall Project. I supplemented the data with opinion pieces and journal articles discussing the specific issues that this pandemic imposes upon prisons in the United States. In sum, population data collected from the Department of Corrections showed that only a few State Correctional Institutions saw a steady decrease in population over the 25 day study period from from June 18th through July 13th (Pennsylvania Department of Corrections, 2020). Combining testing data …

Immigrants And Crime, Daniel L. Stageman

Publications and Research

The gap between public perception of immigrant criminality and the research consensus on immigrants’ actual rates of criminal participation is persistent and cross-cultural. While the available evidence shows that immigrants worldwide tend to participate in criminal activity at rates slightly lower than the native-born, media and political discourse portraying immigrants as uniquely crime-prone remains a pervasive global phenomenon. This apparent disconnect is rooted in the dynamics of othering, or the tendency to dehumanize and criminalize identifiable out-groups. Given that most migration decisions are motivated by economic factors, othering is commonly used to justify subjecting immigrants to exploitative labor practices, with …

Officer-Involved Deaths In Nevada 2013-2019, Madison Frazee-Bench, Yanneli Llamas, Elia Del Carmen Solano-Patricio, Caitlin J. Saladino, William E. Brown Jr.

Criminal Justice

Between 2013 and 2019, 7,669 people were killed by police officers across the United States. Using data compiled by Mapping Police Violence, a non-profit research and advocacy project tracking incidents of police violence throughout the U.S., this fact sheet focuses on officer-involved deaths in the State of Nevada between January 2013 and December 2019.

Literature Review: How U.S. Government Documents Are Addressing The Increasing National Security Implications Of Artificial Intelligence, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

This article emphasizes the increasing importance of artificial intelligence (AI) in military and national security policy making. It seeks to inform interested individuals about the proliferation of publicly accessible U.S. government and military literature on this multifaceted topic. An additional objective of this endeavor is encouraging greater public awareness of and participation in emerging public policy debate on AI's moral and national security implications..

Reflective Writing In Prisons: Rehabilitation And The Power Of Stories And Connections, Sandeep Kumar

VA Engage Journal

The United States has the highest rate of incarceration in the world. Even though the rate of crime is dropping, incarceration rates remain fairly steady. What’s more, recidivism (i.e., re-offending after conviction for other crimes) is also very high in the US. If offenders continue to offend, even after completing their sentences in a correctional system designed to address their underlying criminal activity, what is the point of having such a system? Can the system be made more accountable and better? Have we considered all the options for criminal reform? This article explores these questions using effective rehabilitation principles to …

The Correlation Between County Expenditures And Ab109 Recidivism: A Cross-Sectional Analysis, Maya Crim

Electronic Theses, Projects, and Dissertations

In response to a federal mandate, California passed Public Safety Realignment policies in 2011 to reduce its prison population. Popularly known as Assembly Bill 109 (AB109), these policies sought to reform the prison system on multiple fronts. One of these fronts is preventing recidivism among offenders. Most studies on recidivism look at individual factors or specific micro interventions. However, the aim of this research was to examine the relationship between external factors and recidivism rates across 55 California counties. Using Spearman’s Correlation, this study tested the hypothesis that external factors such as county funding/expenditure, poverty level, and unemployment level monotonically …

Mindfulness And The Need To Minimize The Risk Of Harm: A Proposal To Implement And Enforce Standards For Secular Mindfulness Practice, Michael Falick

Mindfulness Studies Theses

While Western mindfulness practice is indeed beneficial for many participants, the research now clearly demonstrates that for some meditators, there are attendant potential risks. These potential risks to practitioners require a level of care from those individuals (and corporations) that disseminate mindfulness practice. Historically, in traditional Buddhist practice, mindfulness was but one of the eight factors on the Noble Eightfold Path. An important component of traditional practice strongly relies on ethics in the delivery of the practice. A formalized standard of care for modern, secular mindfulness practices, and a method to implement and enforce that standard, will greatly enhance safety …

School Violence Threat Assessment: Professional Development Training For K-12 Educators, Christopher J. Potter

Dissertations, Theses, and Projects

While threats of violence are relatively common in U.S. K-12 schools, the likelihood of a threat being carried out is very low. School leaders must take all threats of school violence seriously but must also have evidence-informed means to discern less-serious, transient threats from more serious, substantive ones. School violence threat assessment training is a vital professional development tool, to ensure safer schools while avoiding unnecessary labeling of students or overly harsh consequences through disciplinary over-reaction. This manual supplements an abbreviated professional development training presentation on school violence threat assessment based on research and models developed by Dr. Dewey Cornell, …

Congressional Committee Resources On Space Policy During The 115th Congress (2017-2018): Providing Context And Insight Into Us Government Space Policy, Bert Chapman

Libraries Faculty and Staff Presentations

Article 1 of the US Constitution assigns the US Congress numerous responsibilities. These include creating new laws, revising existing laws, funding government programs, and conducting oversight of these programs' performance. Oversight of US Government agency space policy programs is executed by various congressional space policy committees including the House and Senate Science Committees, Armed Services, and Appropriations Committees. These committees conduct many public hearings on space policy, which invite expert witnesses to testify on US space policy programs and feature debate on the strengths and weaknesses of these programs. Documentation produced by these committees is widely available to the public, …

Minority Vetoes In Consociational Legislatures: Ultimately Weaponized?, Devin Haymond

Indiana Journal of Constitutional Design

In societies emerging from or at risk for conflict, dividing power among rival groups—called power-sharing—can be an appropriate arrangement to maintaining peace. But how can groups, who are often emerging from violent conflict, trust sharing a government with rival groups that were just recently shooting at them?

A potential solution is the minority veto, which is allows minority groups to block the government from harming those groups’ vital interests. But what sorts of change blocking mechanisms constitute a minority veto? Who gets the veto power, and when can they be used? Do minority vetoes function as effective incentives for ensuring …

Models Of Pre-Promulgation Review Of Legislation, Rachel Myers

Indiana Journal of Constitutional Design

Pre-promulgation review seeks to harmonize legislation with the constitution by engaging in a dialogue among government institutions that seeks to prevent unconstitutional legislation from becoming law. Pre-promulgation review is an integral part of the lawmaking process, and this study seeks to unite scholarship on different methods of this review in a comparative survey to assist lawyers, policymakers, and scholars. A wide range of institutions may fulfill the function of reviewing proposed legislation for compliance with the constitution or other codes of national importance prior to their passage into law. Because of this diversity, scholarship on the topic of pre-promulgation review …

Taxonomy Of Powers And Roles Of Upper Chambers In Bicameral Legislatures, Carolyn Griffith

Indiana Journal of Constitutional Design

Bicameral legislatures exist around the world, with power divisions to create checks and balances on the constitutional order as a whole. In the context of constitutional design, this presents a variety of options of roles and rights given to each chamber at each step in both the legislative process and beyond. Taken as a whole, this taxonomy demonstrates there are nearly an infinite number of possibilities for separating powers between upper and lower chambers in bicameral legislatures. Often, these decisions are guided by the history of the country. For each federal legislature that places powers or votes in one chamber, …

Extreme Ideologies, Situational Factors, And Terrorists’ Target Selection, Evan Mudgett

Graduate Theses and Dissertations

The purpose of the current study is to examine how ideology and situational factors shape terrorist target selection in the United States. While a growing number of studies have examined target selection by terrorists, the current study is the first to consider how combinations of factors present situated opportunities for terrorists to select particular types of targets as opposed to others. Guided by the situational crime prevention approach, this study relies on data from the American Terrorism Study (ATS) to measure attributes of incidents perpetrated by far-right and Islamic extremists and target selection. The outcomes of interest include government versus …

Juvenile Diversion Programs: Comparing Minnesota County Characteristics To Determine Their Role In Pre-Trial Diversion Programs, Kaydin Schmitt

Political Science Theses and Capstones

The main goal of the juvenile justice system is to rehabilitate offenders and prevent youth from entering the adult justice system. One approach is through the use of diversion programs. The state of Minnesota requires all counties to offer at least one type of pre-trial diversion program. However, there is no ubiquitous program; the number and types of programs differ between counties, and the reason for these differences between jurisdictions is under-researched. I analyze the number and types of pre-trial diversion programs in Minnesota counties and compare them to various county characteristics to determine which characteristics play a role in …

Predictors Of Binge Drinking Among Military Veterans: A General Strain Theory Approach., Emily Ann Hayden

Electronic Theses and Dissertations

This dissertation is theoretically informed by General Strain Theory (GST) (Agnew 1992, 2002), and examines binge drinking within a military veteran population. It begins with an assessment on reform and focuses on shaping knowledge around the issue of binge drinking by military veterans. The current study uses Agnew’s GST to argue for an understanding of how strain and stress can affect individuals who have served in the military and acknowledges how this strain can lead to negative coping mechanisms such as binge drinking. The latter part of the dissertation argues that understanding Agnew’s GST (1992, 2002) with a military population …

Improving Indigent Defense: An Evaluation Of Program Effectiveness For The California Defense Investigators Association’S Defense Investigator Training Academy, Sheree Martinek

Master's Projects

Training is a crucial component of investigation work; however, there is a significant discrepancy regarding the training mandated and received by prosecution-oriented and defense-oriented investigators. Prosecution investigators (such as law enforcement detectives or District Attorney investigators) have considerable resources and require extensive training aside from one’s education. In respect to training, investigators who work for the prosecution are required to complete the California Peace Officer Standards and Training (POST). Completion of POST is a minimum of 664 hours of training (POST, 2020). However, there is no mandatory training program, academy, or number of cumulative training hours required for an investigator …

Analyses Of Prosecutorial Power And Discretion In Mississippi: Evaluating Proposals To Address Misconduct And Abuse, Lucy Pruitt

Honors Theses

This thesis seeks to create a policy proposal in order to address incidences of prosecutorial misconduct and abuse of discretion in the Mississippi criminal justice system. To do so, the author has summarized and analyzed seven criminal cases in which defendants have become victims of prosecutorial misconduct in order to shed light on the lack of prosecutorial accountability in the state’s criminal justice system. In an attempt to solve the problem, the author has developed a novel grading rubric in order to objectively and systematically analyze and evaluate previously proposed policy recommendations by legal experts and justice organizations. The successes …

Non-Traditional Church Involvement As A Life-Course Turning Point: Qualitative Interviews With Religious Offenders, William Hunter Holt

Dissertations

This research project conducted and then analyzed qualitative interviews from former and current addicts and criminal offenders who are voluntarily participating in the Christian faith at the same non-traditional, Protestant church. An abridged case study of this church is also provided for background and context. Life-course theory and grounded theory are utilized.

Both the offenders and this church were chosen in an attempt to better understand how the offenders’ involvement at this house of worship, along with their faith in general, have impacted them. Obtaining the perspectives of the offender is essential for three reasons. First, qualitative research conducted in …

Environmental Justice In Little Village: A Case For Reforming Chicago’S Zoning Law, Charles Isaacs

Northwestern Journal of Law & Social Policy

Chicago’s Little Village community bears the heavy burden of environmental injustice and racism. The residents are mostly immigrants and people of color who live with low levels of income, limited access to healthcare, and disproportionate levels of dangerous air pollution. Before its retirement, Little Village’s Crawford coal-burning power plant was the lead source of air pollution, contributing to 41 deaths, 550 emergency room visits, and 2,800 asthma attacks per year. After the plant’s retirement, community members wanted a say on the future use of the lot, only to be closed out when a corporation, Hilco Redevelopment Partners, bought the lot …

Screened Out Of Housing: The Impact Of Misleading Tenant Screening Reports And The Potential For Criminal Expungement As A Model For Effectively Sealing Evictions, Katelyn Polk

Northwestern Journal of Law & Social Policy

Having an eviction record “blacklists” tenants from finding future housing. Even renters with mere eviction filings—not eviction orders—on their records face the harsh collateral consequences of eviction. This Note argues that eviction records should be sealed at filing and only released into the public record if a landlord prevails in court. Juvenile record expungement mechanisms in Illinois serve as a model for one way to protect people with eviction records. Recent updates to the Illinois juvenile expungement process provided for the automatic expungement of certain records and strengthened the confidentiality protections of juvenile records. Illinois protects juvenile records because it …

Racialized Tax Inequity: Wealth, Racism, And The U.S. System Of Taxation, Palma Joy Strand, Nicholas A. Mirkay

Northwestern Journal of Law & Social Policy

This Article describes the connection between wealth inequality and the increasing structural racism in the U.S. tax system since the 1980s. A long-term sociological view (the why) reveals the historical racialization of wealth and a shift in the tax system overall beginning around 1980 to protect and exacerbate wealth inequality, which has been fueled by racial animus and anxiety. A critical tax view (the how) highlights a shift over the same time period at both federal and state levels from taxes on wealth, to taxes on income, and then to taxes on consumption—from greater to less progressivity. Both of these …

Debt Bondage: How Private Collection Agencies Keep The Formerly Incarcerated Tethered To The Criminal Justice System, Bryan L. Adamson

Northwestern Journal of Law & Social Policy

This Article examines the constitutionality of statutes which allow courts to transfer outstanding legal financial obligations to private debt collection agencies. In Washington State, the clerk of courts can transfer the legal financial obligation of a formerly incarcerated person if he or she is only thirty days late making a payment. Upon transfer, the debt collection agencies can assess a “collection fee” of up to 50% of the first $100.000 of the unpaid legal financial obligation, and up to 35% of the unpaid debt over $100,000. This fee becomes part of the LFO debt imposed at sentencing, and like that …

Reflections On The Effects Of Federalism On Opioid Policy, Matthew B. Lawrence

Dickinson Law Review (2017-Present)

No abstract provided.

Mhpaea & Marble Cake: Parity & The Forgotten Frame Of Federalism, Taleed El-Sabawi

Dickinson Law Review (2017-Present)

No abstract provided.

State Regulatory Responses To The Prescription Opioid Crisis: Too Much To Bear?, Lars Noah

Dickinson Law Review (2017-Present)

In order to prevent further overuse of prescription opioids, states have adopted a variety of strategies. This article summarizes the growing use of prescription drug monitoring programs, crackdowns on “pill mills,” prohibitions on the use of particularly hazardous opioids, limitations on the duration and dosage of prescribed opioids, excise taxes, physician education and patient disclosure requirements, public awareness campaigns, and drug take-back programs. Although occasionally challenged on constitutional grounds, including claims of federal preemption under the Supremacy Clause, discrimination against out-of-state businesses under the dormant Commerce Clause doctrine, and interference with rights of commercial free speech, this article evaluates the …

How Can Presidents Properly Calibrate The Terror Threat?, Gabriel Rubin

Department of Justice Studies Faculty Scholarship and Creative Works

Presidential rhetoric has minimally changed from the narrative set by George W. Bush after the 9/11 attacks. Bush’s policies and agenda have also largely remained. This chapter provides proposals for change given the empirical and theoretical findings made in the book. The counterterrorist policy agenda needs to be narrowed and made more precise. The public needs to educate itself about the terror threat to understand that it is not a significant risk when weighed against others. Presidents need to be more careful with what words they use when describing America’s terrorist adversaries and with who they call terrorists. Recalibrating the …

Across Racial Lines: Three Accounts Of Transforming Urban Institutions After A Natural Disaster, James Carter, Nolan Rollins, Gregory Rusovich

New England Journal of Public Policy

At 1:30 p.m. on August 29, 2005, Hurricane Katrina grazed the mostly evacuated city of New Orleans, reserving its most devastating force for coastal Mississippi, just to the east. During the next two days, the federal levees protecting the city failed in multiple places. Sixteen hundred people died in the metropolitan area. Residences and businesses in 80 percent of the city went underwater. Public officials warned residents and business owners that they might not be able to return for two to three months. The scope of devastation in certain parts of the city made ever returning questionable for many residents. …

Rising From Katrina’S Ashes But Still In Crisis: Public Defense In New Orleans, Derwyn Bunton

New England Journal of Public Policy

New Orleans’ nickname “Big Easy” was based on the “anything goes” perception of the city. Feeding this perception was a sense of lawlessness, that New Orleans was a place where the rules changed depending on who you were and who you knew. So when Hurricane Katrina hit the city in August 2005 and tossed everything around—flooding mansions and missions, damaging the Superdome and supermarkets—the storm challenged old perceptions and presented unique challenges. Katrina made at least one thing clear: New Orleans could no longer wait for change, pretend nothing happened, or look back. The city’s survival depended on its ability …

Reconnecting The Broken Post-Katrina New Orleans Criminal Justice System, Graymond Martin

New England Journal of Public Policy

When Hurricane Katrina struck New Orleans and the levees protecting the city gave way in August 2005, an already struggling and weakened criminal justice system collapsed in spectacular fashion.

Damage within New Orleans extended far beyond the loss of physical infrastructure. The city’s population was depleted by more than half. For those who remained or returned within the first year, spirits were crushed, uncertainty abounded, and the hard work of restoration was riddled by anxiety, conflict, opportunism, and battles for precious resources.

Longtime judge Leon Cannizzaro Jr., appalled at the near-complete dysfunction of the local criminal justice system, entered and …

The New Orleans Criminal Legal System: A Flowing River, William C. Snowden

New England Journal of Public Policy

Ask anyone from New Orleans and they will tell you the city has not been the same since the storm. Although the city has persevered through many storms and hurricanes in its three-hundred-year history, this particular storm—Hurricane Katrina—is notorious for the transformation it brought to New Orleans in the years that followed.

The makeup, culture, and rhythm of New Orleans have changed, but so too have the various systems that give the city its tempo—particularly the criminal legal system. Hurricane Katrina was a disaster that revealed deficiencies, abnormalities, and injustices in the New Orleans criminal legal system. Some responses to …