Legal Studies Commons^™

Racial-Ethnic Differences In Punitiveness Among American Adults, Helena Pittroff

Honors Projects

It is believed that the punitive values of the United States have had a direct positive correlation with the mass incarceration rates experienced in the United States. Many studies have attempted to understand variation in punitiveness across social groups, and have found that there are consistent racial differences that exist. Past research mostly focused on differences between Black and White individuals, but none has included the analysis of those of Hispanic origin. Using pooled data from the 2014, 2016, and 2018 General Social Survey (N = 7,753), the current project examines racial/ethnic differences in punitiveness for White, Black, and Hispanic …

Nebraska Transcript (University Of Nebraska College Of Law), Volume 53, Number 1, Spring 2020

Nebraska Transcript

2 Dean's Message

4 Faculty Notes

10 Civil Procedure, State Con Law scholar, Jonathan Marshfield, joins Nebraska Law

11 Remembering Steve Kalish

14 Remembering Marty Gardner: Long time faculty member, Gardner loved teaching, prioritized students. Professor Marty Gardner passed away late November 2019. His longtime friend and colleague, Professor Robert Denicola, remembers his kindness and love of teaching.

17 University hosts FCC Chairman Ajit Pai

18 Nebraska Law Hosts 12th Annual Nebraska Space Law Conference

20 Women’s Leadership Initiative features former ACLU president Nadine Strossen

29 Football agent Mulugheta maintains, ‘For success, be all in, but find balance' David Mulugheta, …

Digital Forensic Readiness: An Examination Of Law Enforcement Agencies In The State Of Maryland, James B. Mcnicholas Iii

Masters Theses & Doctoral Dissertations

Digital forensic readiness within the law enforcement community, especially at the local level, has gone mostly unexplored. As a result, a current lack of data exists that examines the digital forensic readiness of individual agencies, the possibility of proximity relationships, and correlations between readiness and backlogs. This quantitative, crosssectional research study sought to explore these issues by focusing on the state of Maryland. The study resulted in the creation of a digital forensic readiness scoring model that was then used to assign digital forensic readiness scores to thirty (30) of the one-hundred-forty-one (141) law enforcement agencies throughout Maryland. It was …

‘Not Feeling Like A Caged Animal’: Prisoner Perceptions Of A Remote Video Visitation System, Danielle J. Murdoch, Laura L. King

Criminal Justice Faculty Publications and Presentations

In recent years, correctional agencies have increased their use of video visitation in an effort to offset costs and increase security, among other objectives. In the present study, interviews (N = 12) and surveys (N = 58) were conducted with prisoners at a jail in the Northwestern U.S. that had replaced in-person, glass partition visitation with remote video visitation. The results suggested that while there were positive aspects of video visitation, such as the ability to visit with loved ones from afar, there were criticisms as well, including technological and access issues. The policy implications of the findings and directions …

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 …

Reasonable Accommodation For Workers Who Are Deaf: Differences In Ada Knowledge Between Supervisors And Advocates, Hayley Stokar

JADARA

Despite the existence of the Americans with Disabilities Act (1990), workers who are deaf still struggle with reasonable accommodations in the workplace. The challenges relate, in part, to knowledge and training deficits among hearing supervisors. In order to understand the difference between supervisor knowledge and advocate knowledge around reasonable accommodation, focus groups were conducted with two populations: (1) supervisors in retail and food service who were all hearing, and (2) advocates engaged in training and education around deaf accommodation needs, who were either deaf or hearing. Findings identify similarities and disparities between the groups, highlighting that, while specific legal knowledge …

A Political Effect On Judicial Decision Making: Does Ideology Or Election Effect The Way Judges Decide?, Kaylynne Lyons

Political Science Theses and Capstones

Politics have shown to have a strong effect on most things in our country. There has been lots of research on our state judicial systems and their effects on judicial decisions. Judges have been accused of having underlying reasons to their decisions even though they are not supposed to. Past research has suggested that how the judge is retained has a small but relevant effect on judicial decision making. The literature review discusses effects of the state's system of judicial selection. That leads us to question more about political effects on decision making. I analyze how the ideology of a …

Evidence, Arrest Circumstances, And Felony Cocaine Case Processing, Jacqueline G. Lee, Alexander Testa

Criminal Justice Faculty Publications and Presentations

Case evidence and situational arrest characteristics are widely speculated to influence courtroom actor decisions, yet such measures are infrequently included in research. Using new data on felony cocaine cases from an urban county in a Southern non-guideline state, this study examines how physical evidence and arrest circumstances affect three stages of case processing: initial charge type, charge reduction, and sentence length. The influence of evidence appeared strongest at the early stage when prosecutors chose the appropriate charge, though certain evidentiary and arrest measures continued to influence later decisions. Charge reductions were driven mostly by legal factors, and while guilt should …

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 …

Equity And Justice For People With Traumatic Brain Injury In Minnesota's Criminal Justice System: Achieving Effectiveness, Efficiency And Equity, Megan Bryant, Donica Doran, Karen Lacroix, Beth Winterfeldt

Master of Social Work Student Policy Advocacy Briefs

Traumatic Brain Injury (TBI) is a silent epidemic in Minnesota’s correctional system. People with TBI in corrections have significant needs related to their TBI that are not being met. These unmet needs threaten their personal safety and the safety of others in correctional settings and society at large; and threaten their ability to maintain their status as productive members of their communities upon release, negatively affecting the well-being of entire communities.

Covid-19: The Industrial Prison Complex And Black Bodies, Christian A. Rodriguez

Student Publications

COVID-19 has exposed a variety of issues and insecurities in our world since its eruption in 2020. While it is heavily discussed, debated and researched, much of the virus’ impact is not covered in communities and areas where marginalized bodies suffer disproportionately. One of the most undermined and blanketed populations in our country during the time of the pandemic (and for decades before) is the prison population, which has seen soaring cases and deaths since the virus first touched down in the states. Much of the prison population consist of black men and women and sadly mirror the same health …

Racism In America: A Psychological Approach, Brett S. Burton

Student Publications

America is a country that has racism interwoven into its history and ingrained within its society. Blacks have been subjected to this racism and oppression for generations, and at a higher level than other minority groups. More recently in American society, we can see a transition from overt discrimination to covert discrimination through policies and legislation that affect racial groups differently. Foucault and Bentham’s Panopticon can be used to discuss the true systematic violence imposed on blacks and we can further that discussion by investigating the War on Drugs and Mass Incarceration and how they represent reincarnations of previous Babylonian …

Vocational And Life Skills Monthly Data Update: April 2020, Uno Nebraska Center For Justice Research, Katelynn Towne

Reports

Grantees use an online data management system to submit data on participants served under their Vocational and Life Skills programming. This data is due monthly and reflects all services provided during the previous month to participants. Evaluators at the Nebraska Center for Justice Research work with grantees directly to manage data entry errors on an ongoing basis during update calls and site visits.

The current data derives from an active database, from which data is being entered and updated daily. Data values, including previously submitted information, may fluctuate depending on the duration of lag between service delivery and data entry. …

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 …

Safe Consumption Sites And The Perverse Dynamics Of Federalism In The Aftermath Of The War On Drugs, Deborah Ahrens

Dickinson Law Review (2017-Present)

In this Article, I explore the complicated regulatory and federalism issues posed by creating safe consumption sites for drug users—an effort which would regulate drugs through use of a public health paradigm. This Article details the difficulties that localities pursuing such sites and other non-criminal-law responses have faced as a result of both federal and state interference. It contrasts those difficulties with the carte blanche local and state officials typically receive from federal regulators when creatively adopting new punitive policies to combat drugs. In so doing, this Article identifies systemic asymmetries of federalism that threaten drug policy reform. While traditional …

Recidivism, Gender, And Race: An Analysis Of The Los Angeles County Probation Department’S Risk And Needs Assessment Instruments, Robert V. Howard

Masters Theses

This study assesses the predictive validity of an adult risk need assessment, the Los Angeles Probation Department’s Risk and Needs Assessment Instruments, on 793 clients using several logistic regression models. Models were generated to look for a relationship between risk score and recidivism. This relationship is further explored across gender and race. There are two separate risk assessment instruments used in this study and the sample is separated into two separate groups. The first risk assessment instrument was based on static risk factors such as history of drug or alcohol use, age of first conviction, and conviction history. This assessment …

Program And Proceedings: Nebraska Academy Of Sciences 1880–2020, 140th Anniversary Year, One Hundred-Thirtieth Annual Meeting

Nebraska Academy of Sciences: Programs and Proceedings

No abstract provided.

The Political Development Of Capital Punishment In The Modern Moroccan State, Mia Barr

Independent Study Project (ISP) Collection

The modern Moroccan state seen today is very young. Having only been independent from France since 1956, the country has spent the last sixty-four years crafting its post-colonial statehood. What has emerged is a hybrid political system with powers split, however unequally, between the King and his inner circle, known as the makhzen, and the Parliament. Not only is the monarchy constitutional—meaning that its legitimacy is literally written into the primary governing document of Morocco, which had its last referendum in 2011—but it is also self-sustaining and self-legitimizing, for the monarchy uses its constitutional powers to grant itself further powers …

The Utility Of Using Virtue Locales To Explain Criminogenic Environments, Hunter Max Boehme

Theses and Dissertations

Place-based criminology has a long history of examining the potential causes and correlates of criminogenic environments. This line of scholarship has been able to establish that crime, levels of social guardianship, and racial/ethnic groups are unevenly distributed throughout space. Routine activity theory and environmental criminology are two prominent explanations of the causes of criminogenic environments. Specifically, the crime generator and crime attractor scholarship (Brantingham & Brantingham, 1995) has found recent success uncovering which certain land uses that may be “risky facilities” (e.g., pawn shops, payday lenders, bars). However, these paradigms have yet to discover which businesses are crime-reducing and an …

The Analysis Of Trauma-Informed Risk Assessments Within A Juvenile Justice System In A Midwest State, Kayla M. Bates

Masters Theses

With approximately 90% of justice-involved youth experiencing at least one traumatic event before entering the justice system, trauma-informed care has moved to the forefront of juvenile justice in recent years (Dierkhising et al., 2013). Trauma-informed care aims to capture and address the impact trauma has on youth. One area within the juvenile justice system that is critical to capturing these events in justice-involved youth are risk assessments. The current study aimed to address whether a Midwest state is using trauma-informed questions and incorporating aspects of intersectionality (gender identity, sexual orientation, race, ethnicity, and class) within practices directed at justice-involved youth. …

A Seasonal Crime?: A Quantitative Examination Of The Relationship Between Criminal Charges In The City Of Lynchburg And Seasons Of The Year With Reference To Gender And Race, Caitlin Ann Ann Dorsch

Undergraduate Theses and Capstone Projects

Previously, many criminologists have focused on the intersectionality of gender and race with reference to only one or a few specific crime categories, such as theft or illegal drug use (Sommers et al., 1996; Bushman et al., 2005; Stalans & Ritchie, 2008). According to Sommers & Baskin (1992), gender causes misinterpretation without the inclusion of race when researching violent crime because both characteristics are inherently linked to an individual’s identity. Furthermore, there is a seasonal component to analyzing crime (Hipp et. al., 2004). Using data from the City of Lynchburg Office of Corrections in Virginia from January 2010 to July …

The Drive To Advise: A Study Of Law Students At A Pro Bono Brief Advice Project, Linda F. Smith

St. Mary's Law Journal

Abstract forthcoming.

Toxic Colonialism And Green Victimization Of Native Americans: An Examination Of The Genocidal Impacts Of Uranium Mining, Averi R. Fegadel

USF Tampa Graduate Theses and Dissertations

While the field of criminology has delved into environmental justice issues in Black communities through the exploration of urban exposure to toxins, it has failed to expand this research orientation to examine issues affecting peoples in different locations, which in the U.S. draws attention to the green victimization of Native Americans. In short, existing criminological research has largely ignored the social, economic, and environmental injustices experienced by Native Americans. This study addresses this research gap by exploring environmental justice issues as they relate to the ways toxic colonialism affects Native Americans. Specifically, this study confronts historic and current struggles endured …

Police Sexual Violence: A Few Bad Apples Or A Cultural Norm?, Philip M. Stinson, John Liederbach, Robert W. Taylor, Chloe Wentzlof, Natalie M. Wise, Bethany R. Sager, Marta Bettinelli

Criminal Justice Faculty Publications

Approximately 1,600 police officers across the United States were arrested for sex-related crimes during the ten year period 2005-2014. The arrested officers were employed by more than 1,100 state and local law enforcement agencies located in all fifty states and the District of Columbia. These data suggest that police sexual violence is a problem involving more than a few “bad apples” and that the phenomenon of police sexual violence may be a cultural norm within many state and local law enforcement agencies.

This presentation was accepted for presentation at the annual meeting of the Academy of Criminal Justice Sciences in …

Cross-National Incarceration Rates As Behavior Of Law, Christopher J. Marier

USF Tampa Graduate Theses and Dissertations

Incarceration rates vary substantially around the world. However, systematic cross-national comparisons examining such variation are rare. Using Donald Black’s theory of law, and further informed by other theories in the sociology of punishment with conceptual overlap, the purpose of this study is to evaluate the structural and cultural factors that influence incarceration rates around the world. Using data from the World Prison Brief, World Values Survey, CIA World Factbook, and other international datasets, this study evaluates a series of ordinary least squares regressions in 66 nations. This study is one of few macrosocial tests of Black’s theory of law to …

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. …