Legal Studies Commons^™

Training Lawyers, Cultivating Citizens, And Re-Enchanting The Legal Professional, David Sandomierski

Law Publications

Law schools ought to have a vision for how they contribute to the public good. This article identifies two views of how public value might fit into the mission of the law school. The additive view holds that pursuing public value (cultivating “citizens”) and training “lawyers” are distinct objectives. This view underlies traditional claims that the law school should be housed in the university, and also accounts for the historic tension between academic law schools and the profession.

By contrast, the integrative view holds that training lawyers and cultivating citizens are mutually reinforcing. This view inheres in the desire to …

Not Just Welfare Over Justice: Ethics In Forensic Consultation, Philip J. Candilis, Tess M. S. Neal

University of Nebraska Public Policy Center: Publications

The ethics of forensic professionalism is often couched in terms of competing individual and societal values. Indeed, the welfare of individuals is often secondary to the requirements of society, especially given the public nature of courts of law, forensic hospitals, jails, and prisons. We explore the weaknesses of this dichotomous approach to forensic ethics, offering an analysis of Psychology’s historical narrative especially relevant to the national security and correctional settings. We contend that a richer, more robust ethical analysis is available if practitioners consider the multiple perspectives in the forensic encounter, and acknowledge the multiple influences of personal, professional, and …

The Juvenile Adjudicative Competence Interview (Jaci): Current Usage In Juvenile Competence To Stand Trial Evaluations, Jenna Tomei, Nancy R. Panza

Contemporary Issues in Juvenile Justice

No abstract provided.

Discipline And The Pipeline To The 'Pen': A Proposal For Change, Sharlette A. Kellum-Gilbert

Contemporary Issues in Juvenile Justice

No abstract provided.

Mississippi Juveniles Adjudicated As Adults And Held In Adult Jails: The Perspective Of The County Sheriff, Susan M. Hilal, Deborah A. Eckberg, Thomas Osowski

Contemporary Issues in Juvenile Justice

No abstract provided.

Unmasking Cancer As A Consequence Of Human Trafficking: A Multidisciplinary Challenge, Barbara Moynihan, Katherine Olive

Forensic Science Publications

This article will focus on the development of cancer as a potential consequence of human trafficking. Various subtle sequelae of trafficking, such as the insidious development of cancer, may not be seen until well after the victim has been freed. There are a myriad of factors that contribute to missed or inadequate health care for victims and survivors of human trafficking. These health care needs (both medical as well as mental health) may be overlooked until many months or years post-trafficking. We will address the risk factors consistent with human trafficking that should be considered by health care professionals who …

Electronic Control Devices & Injury Impact: An Analysis Of Secondary Data From The Arlington Police Department, Brook Rollins

Criminology & Criminal Justice Theses - Archive

For law enforcement officers, the necessity to utilize force against a citizen is a powerful aspect of the job. Recent technological advances in force options contribute to the delicate balance of a police officer and using force against a citizen. The Electronic Control Device (ECD) is one such tool of technological advancement. With the introduction of the ECD a fierce argument has emerged challenging the efficacy and safety of the devices. The Arlington Police Department deploys ECD's to its officers as a part of the daily issued equipment. The purpose of this research project is to analyze the usage of …

An Efficient Similarity Digests Database Lookup -- A Logarithmic Divide And Conquer Approach, Frank Breitinger, Christian Rathgeb, Harald Baier

Electrical & Computer Engineering and Computer Science Faculty Publications

Investigating seized devices within digital forensics represents a challenging task due to the increasing amount of data. Common procedures utilize automated file identification, which reduces the amount of data an investigator has to examine manually. In the past years the research field of approximate matching arises to detect similar data. However, if n denotes the number of similarity digests in a database, then the lookup for a single similarity digest is of complexity of O(n). This paper presents a concept to extend existing approximate matching algorithms, which reduces the lookup complexity from O(n) to O(log(n)). Our proposed approach is based …

Experimental Community-Based Interventions For Delinquent Youth: An Evaluation Of Recidivism And Cost-Effectiveness, Kristin W. Early, Stephanie B. Ryon, Gregory A. Hand, Julia L. Blankenship

Contemporary Issues in Juvenile Justice

No abstract provided.

Implications For The Topological And Vector Management Of Schizoid Dynamics, Tommy L. Woods

Contemporary Issues in Juvenile Justice

No abstract provided.

Juries And Social Media: Northwest Ohio's Response To This Phenomenon, Erica Lunderman

Honors Projects

The 21^st century is an era in which the dependence on technology is at an all-time high. The availability of information on social networking sites has recently sparked a debate in regards to jury impartiality. Over the last few years states such as Florida, Michigan, and New York have received scholastic attention for making changes to local jury instructions to ensure defendant’s rights of an impartial jury guaranteed by the Sixth Amendment. Federal national jury instructions addressing juror social media usage has also drawn attention. Little, however, scholastic attention has been directed towards Northwest Ohio. This project will look …

Correlational Analysis Of Oregon Juvenile Justice Data, Portland State University. Hatfield School Of Government. Center For Public Service, Masami Nishishiba, Stephanie Hawke, Phil Keisling

Center for Public Service Publications and Reports

In July 2014, the Center for Public Service (CPS) at Portland State University undertook a project commissioned by the Clackamas County District Attorney’s Office to conduct a preliminary analysis of data related to Oregon’s juvenile justice system. The statistical analysis focused on identifying possible correlations between indicators of juvenile justice interventions and public safety outcomes within Oregon counties. Results indicated a handful of significant correlations. Generally, across counties and variables, higher levels of intervention correlated significantly with higher levels of public safety outcomes and higher levels of non-intervention correlated significantly with lower levels of public safety outcomes. Within both the …

“A Hidden Part Of Me”: Latino/A Students, Silencing, And The Epidermalization Of Inferiority, Jason G. Irizarry, John Raible

Department of Teaching, Learning, and Teacher Education: Faculty Publications

Using Critical Race Theory (CRT) and Latino/a Critical Race Theory (LatCrit) as analytical tools, this article examines the experiences of a seven Latino/a high school students at various points of engagement with the school-to-prison pipeline. Building on and extending Franz Fanon’s (1952) concept of the epidermalization of inferiority, the authors demonstrate the nuanced ways that institutional racism and other interrelated forms of oppression function to contribute to a sense of internalized oppression among Latino/a youth. We critically examine the ways in which dialogue and collaborative research undertaken in a supportive classroom atmosphere can help students move from feeling shame and …

Refusal To Autopsy: A Societal Practice In Pakistan Context, Laila Akber Cassum

School of Nursing & Midwifery

Autopsies or post-mortem examinations have become a common practice in Western medicine for verifying the cause of death, and to obtain additional scientific information on certain diseases. In monotheistic religions autopsies present several ethical questions even though the advantages attributed to post-mortems in the West are well acknowledged by people living in this modern world. In Islamic Republic of Pakistan where Islam is the prevailing religion followed by the Muslims, Pakistani society have diverse perception, assumptions and hypothesis on the concept of autopsy. This presumption is due to presence of diverse objections raised in religious and sociocultural context. In our …

Social Hierarchies And The Formation Of Customary Property Law In Pre-Industrial China And England, Taisu Zhang

Faculty Scholarship

Comparative lawyers and economists have often assumed that traditional Chinese laws and customs reinforced the economic and political dominance of elites and, therefore, were unusually “despotic” towards the poor. Such assumptions are highly questionable: Quite the opposite, one of the most striking characteristics of Qing and Republican property institutions is that they often gave significantly greater economic protection to the poorer segments of society than comparable institutions in early modern England. In particular, Chinese property customs afforded much stronger powers of redemption to landowners who had pawned their land. In both societies, land-pawning occurred far more frequently among poorer households …

Prosecutorial Discretion In Three Systems: Balancing Conflicting Goals And Providing Mechanisms For Control, Sara Sun Beale

Faculty Scholarship

In regulating the authority and discretion exercised by contemporary prosecutors,national systems balance a variety of goals, many of which are in tension or direct conflict. Forexample, making prosecutors politically or democratically accountable may conflict with theprinciple of prosecutorial neutrality, and the goal of efficiency may conflict with accuracy. National systems generally seek to foster equal treatment of defendants and respect for theirrights while also controlling or reducing crime and protecting the rights of victims. Systems thatrecognize prosecutorial discretion also seek to establish and implement policy decisions aboutthe best ways to address various social problems, priorities, and the allocation of resources. …

“White Collar” Crimes, Samuel W. Buell

Faculty Scholarship

In addition to serving as a précis of the subject of ‘white collar’ crime, this chapter does three things. First, it deals with white collar crime’s longstanding definitional problem, rejecting several standard approaches and arguing that the category is most usefully understood according to the conceptual legal problem these offenses generate. White collar crimes, much more than other offenses, are committed in social settings in which undesirable behaviors are embedded within socially welcome conduct. Thus they are difficult to set apart and extract through clearly specified ex ante rules of law. Second, the chapter illustrates this definitional claim, and discusses …

Green And Grey: Water Justice, Privatization, And Resistance, William Mcclanahan

Online Theses and Dissertations

Since its initial proposal in the 1990s, `green criminology' has focused on environmental crimes and harms affecting non-human and human life, ecosystems, and the planet as a whole. Describing global trends toward privatization of water supply systems and the criminalization of several water conservation activities and tactics, this paper employs theoretical perspectives offered by green, cultural, and critical criminologies, focusing on overt resistance to water privatization and oppressive regulations governing rainwater storage and residential water recycling. Taking a critical theoretical perspective, this paper examines water access and autonomy, individuals and groups openly resisting the criminalization of household water reuse and …

Social Class And Capital Punishment: A Theoretical And Empirical Analysis, Jennifer L. Tilley

Online Theses and Dissertations

While it is generally assumed that virtually all persons executed in the United States are poor, the social class - execution link has not been well documented or theorized in the literature. Far more research has analyzed the relationship of race and gender to execution. Using data on executions carried out in Texas between 2000 and 2012, individuals sentenced to death from the Supreme Court's Gregg decision through 1997 in Tennessee, narrative case studies, and a content analysis of state-defined mitigating circumstances, this study provides both detailed documentation of the social class characteristics of those executed, as well as a …

Exploring The Responsibilities Of Wildlife Law Enforcement Officers: An Examination Of Citations Issued By Kentucky Conservation Officers, Conrad Morgan Lanham

Online Theses and Dissertations

Conservation officers are law enforcement agents whose primary responsibility is the enforcement of statutes regarding wildlife. Several bodies of research have noted the expansion of law enforcement capabilities and responsibilities of conservation officers to include the enforcement of general laws that fall outside the conservation officers' original mandate. The purpose of this study is to explore the work roles of contemporary conservation officers in Kentucky. Using data from citations issued by Kentucky conservation officers from 2006 to 2011, this research examines patterns of wildlife violations, boating violations, and general violations across time and space. Comparisons of these types of violations …

Bankster's Paradise: The Importance Of Discourse In Creating A Haven For Criminogenic Banks In The United States, Maria Jacqueline Bordt

Online Theses and Dissertations

This work examines the ways in which language can contribute to a cultural climate in which white-collar crime is no longer considered "deviant," but rather is considered part of a normally functioning political economy. The 2012 money laundering case involving HSBC is examined in conjunction with the rhetoric of popular financial counselor Dave Ramsey. This research seeks to define how language involving the accumulation of capital is equated with virtuousness, thus constructing a myth about the criminality inherent to "legitimate" capital enterprises.

The Heroin Problem: Learning From Past Experiments In Narcotic Maintenance, Ashley Marie Phillips

Online Theses and Dissertations

The following paper examines the ongoing political, legal and cultural debate regarding heroin maintenance in the U.S. that emerged after the passage of the Harrison Act. Moreover, it focuses on the United States' very brief experimentation with narcotics maintenance clinics from 1914-1924 and why the clinic system was ultimately dismantled by the Treasury Department. This paper also highlights the U.S. public policy debate that emerged as early as the 1950s and continues today to develop heroin maintenance trials.

An Analysis Of Military Sexual Assault And Subsequent Punishment, Christina Durham

Criminology & Criminal Justice Theses - Archive

In recent years, national attention has been drawn to the issue of sexual assault in the military. This is largely in part due to the number of reported offenses increasing each year, jumping 50% between 2012 and 2013 alone (DoD, 2013). Research has shown sexual assault offenses are greatly underreported and that the victimization rates among service members are higher than those of civilians (Turchik & Wilson, 2010). Past research efforts to understand why sexual assaults are so prevalent in the military have focused heavily on the victim and the effectiveness of preventative programs (Turchick & Wilson, 2010). Additionally, theories …

A Professional Perspective Into The World Of Domestic Minor Sex Trafficking, Lira M. Polanco

Criminology & Criminal Justice Theses - Archive

The purpose of this study is to analyze the knowledge and perceptions of professionals involved in the world of domestic minor sex trafficking. Specifically, the perceptions of advocates, social workers, law enforcement and medical professionals in the Dallas/Ft. Worth area are examined via survey responses. An exploratory approach is used to measure the views of professionals working in the area of domestic minor sex trafficking, through the use of a non-experimental, cross-sectional questionnaire composition, which consists of a single observation of professionals in the Dallas/Ft. Worth area involved in the aid of victims of domestic minor sex trafficking. A non-probability …

The Sexual History Polygraph Examination And Its Influences On Recidivism, Roger Cook, William Barkley, Peter B. Anderson

Journal of Sustainable Social Impact

The polygraph in postconviction sex offender testing is used to assist in the treatment and supervision of convicted sex offenders by more than 70% of the jurisdictions that supervise these offenders in the United States. Prior researchers have failed to convincingly demonstrate how the polygraph can be used to target risk behaviors and reduce recidivism. Consequently, the use of the sexual history polygraph examination (SHPE) has not been demonstrated to reduce recidivism. We sought answers as to how the SHPE influences the behaviors of sexual offenders required to undergo a SHPE, and whether or not there is a difference in …

Mass School Shootings: Predicting The Usage Of Firearms In Acts Of School Violence, Melanie A. Hart

College of Graduate Studies: Theses & Dissertations

Due to increased media attention and associated fear, school shootings have become a major concern for the public. Attempts to predict and prevent shootings have been developed by a variety of government agencies such as the Center for Disease Control and Prevention and the Federal Bureau of Investigation. A psychological profile, however, has yet to be established. This study uses demographic and behavioral characteristics of perpetrators and school characteristics to predict the likelihood of a perpetrator’s usage of firearms. A total of 345 perpetrators of mass school violence incidents are examined, including 266 who used firearms. White perpetrators and those …

File Detection On Network Traffic Using Approximate Matching, Frank Breitinger, Ibrahim Baggili

Electrical & Computer Engineering and Computer Science Faculty Publications

In recent years, Internet technologies changed enormously and allow faster Internet connections, higher data rates and mobile usage. Hence, it is possible to send huge amounts of data / files easily which is often used by insiders or attackers to steal intellectual property. As a consequence, data leakage prevention systems (DLPS) have been developed which analyze network traffic and alert in case of a data leak. Although the overall concepts of the detection techniques are known, the systems are mostly closed and commercial. Within this paper we present a new technique for network traffic analysis based on approximate matching (a.k.a …

Quantifying Relevance Of Mobile Digital Evidence As They Relate To Case Types: A Survey And A Guide For Best Practices, Shahzad Saleem, Ibrahim Baggili, Oliver Popov

Electrical & Computer Engineering and Computer Science Faculty Publications

In this work, a survey was conducted to help quantify the relevance of nineteen types of evidence (such as SMS) to seven types of digital investigations associated with mobile devices (MD) (such as child pornography). 97 % of the respondents agreed that every type of digital evidence has a different level of relevance to further or solve a particular investigation. From 55 serious participants, a data set of 5,772 responses regarding the relevance of nineteen types of digital evidence for all the seven types of digital investigations was obtained. The results showed that (i) SMS belongs to the most relevant …

Shadow Dwellers: The Underregulated World Of State And Local Dna Databases, Stephen Mercer, Jessica D. Gabel

Faculty Publications By Year

No abstract provided.

Grappling At The Grassroots: Access To Justice In India's Lower Tier, Jayanth K. Krishnan, Shirish N. Kavadi, Azima Girach, Dhanaji Khupkar, Kilindi Kokal, Satyajeet Mazumdar, Nupar, Gayatri Panday, Aatreyee Sen, Aqseer Sodhi, Bharati Takale Shukla

Articles by Maurer Faculty

From 2010 to 2012, a team of academic and civil society researchers conducted extensive ethnographies of litigants, judges, lawyers, and courtroom personnel within multiple districts in three states: Maharashtra, Gujarat, and Himachal Pradesh. This Article provides an in-depth account of the everyday struggles these actors face in the pursuit of their respective objectives. The findings illustrate a complex matrix of variables-including infrastructure, staffing, judicial training and legal awareness, costs and continuances, gender and caste discrimination, power imbalances, intimidation and corruption, miscellaneous delays, and challenges with specialized forums-impact access to justice in the lower tier. The results of this study offer …