Legal Studies Commons^™

The False Promise Of Jurisdiction Stripping, Daniel Epps, Alan M. Trammell

Scholarship@WashULaw

Jurisdiction stripping is seen as a nuclear option. Its logic is simple: by depriving federal courts of jurisdiction over some set of cases, Congress ensures those courts cannot render bad decisions. In theory, it frees up the political branches and the states to act without fear of judicial second-guessing. To its proponents, it offers the ultimate check on unelected and unaccountable judges. To critics, it poses a grave threat to the separation of powers. Both sides agree, though, that jurisdiction stripping is a powerful weapon. On this understanding, politicians, activists, and scholars throughout American history have proposed jurisdiction stripping measures …

Contract-Wrapped Property, Danielle D'Onfro

Scholarship@WashULaw

For nearly two centuries, the law has allowed servitudes that “run with” real property while consistently refusing to permit servitudes attached to personal property. That is, owners of land can establish new, specific requirements for the property that bind all future owners—but owners of chattels cannot. In recent decades, however, firms have increasingly begun relying on contract provisions that purport to bind future owners of chattels. These developments began in the context of software licensing, but they have started to migrate to chattels not encumbered by software. Courts encountering these provisions have mostly missed their significance, focusing instead on questions …

Voting Under The Federal Constitution, Travis Crum

Scholarship@WashULaw

There is no explicit, affirmative right to vote in the federal Constitution. At the Founding, States had total discretion to choose their electorate. Although that electorate was the most democratic in history, the franchise was largely limited to property-owning White men. Over the course of two centuries, the United States democratized, albeit in fits and starts. The right to vote was often expanded in response to wartime service and mobilization.

A series of constitutional amendments prohibited discrimination in voting on account of race (Fifteenth), sex (Nineteenth), inability to pay a poll tax (Twenty-Fourth), and age (Twenty-Sixth). These amendments were worded …

Mitigating Sex Trafficking: Preventative Methods For Reducing Sexual Exploitation, Autumn R. Monroe

University Honors Theses

In recent years, sex trafficking has become more well-known in the public sphere, generating activism and legislation in an effort to combat this human rights issue. With this increased awareness comes challenges in appropriately understanding sex trafficking. The general public and even lawmakers often do not understand the complete dynamic or complexities of sex trafficking. Definitional inconsistencies make it difficult to provide a universal definition of sex trafficking, contributing to misconceptions involving the methods of entry and the barriers to exiting. Ultimately, this prevents proper identification of victims, hinders the protection of victims, and the implementation of survivor-oriented legislation, meaning …

Decriminalizing Drugs: A Comparative Study Of Oregon In An International Context, Fox Millsaps

University Honors Theses

Oregon made history in 2020 when voters joined together to approve ballot measure 110, the Drug Addiction Treatment and Recovery Act, which decriminalized personal amounts of all illicit substances. This was done in a bid to begin treating the ongoing drug crisis as a public health issue as opposed to a criminal justice issue. While Oregon may be the first in the nation to make such a move, they are not the first government to experiment with decriminalizing ‘hard drugs.’ Some argue that Oregon’s model was based on Portugal’s decriminalization effort and point to Portugal’s success as a potential outcome …

Prosecutorial Actus Reus: Appellate Review Of Prosecutorial Misconduct And The Diminishment Of Responsibility, Elizabeth Griffiths, Heather L. Scheuerman, Sandy Xie

International Journal on Responsibility

The socio-historical concept of criminal responsibility links the action (actus reus) and mental state (mens rea), or intention, of the actor (i.e., the defendant) to determine legal and moral liability for his or her behavior and to apportion punishment. When the actor responsible for immoral conduct is the prosecutor in pursuit of a conviction, the courts respond very differently. More specifically, because prosecutors are presumed to be moral and ethical system actors, assumptions about their good character likely influence the ways in which they are held to account. This study explores the content and arguments made …

Examining Remorse In Attributions Of Focal Concerns During Sentencing: A Study Of Probation Officers, Colleen M. Berryessa

International Journal on Responsibility

This research, using interviews with probation officers in the United States (n = 151) and a constant comparative method for analysis, draws from the focal concerns framework to qualitatively model a process by which probation officers use a defendant’s remorse to attribute focal concerns in order to guide their sentencing recommendations in pre-sentencing reports. The model suggests that officers use expressions of remorse to make attributions about mitigated criminal intention (blameworthiness and notions of responsibility), reduced dangerousness and a high potential for reform (community protection), and organization-level effects for increasing caseload efficiency and using correctional resources (practical effects of …

Assessing School Psychologists’ Perspective Of Students Entering A School District From Juvenile Detention Facilities, Emily Wuenschell

Electronic Theses and Dissertations

Adolescents who are involved with the juvenile justice system encounter setbacks, stigma, and other increased risk factors that negatively impact their future life outcomes. Schools, and in turn school psychologists, are in the unique position of being able to provide effective services for these adolescents. Previous research has identified many practices that schools can implement to improve the academic, social, and vocational prospects of adolescents entering their districts from a juvenile justice placement. This study sought to understand the role of school psychologists in this transition by assessing their recommendations for and opinions of students involved with juvenile justice. Results …

"The Land That Feminism Forgot": Birthzillas, Madwives, And The Politics Of Chilbirth, Amber Vayo

Doctoral Dissertations

“The Land that Feminism Forgot” is an in-depth exploration of the politics of childbirth that draws together qualitative and quantitative evidence to theorize the connections between treatment in childbirth and maternal mortality. Situating the qualitative research in the larger national context, the second chapter offers a State Reproductive Autonomy Index that provides an overview of the reproductive policy landscape at the national level. The dissertation then explores the role of institutionalized childbirth, medical mistrust, and obstetric violence in the U.S.’s longstanding maternal mortality crisis and offers policy suggestions in key public health areas. Through 120 qualitative interviews with people who …

Method Development And Validation Of Controlled Substances On A Gas Chromatography - Fourier Transform Infrared Spectrophotometer, Regina E. Filus

Student Theses

The goal of this project was to perform a validation and a method development for an Agilent 7890 Gas Chromatograph connected to a Thermo iS50 Fourier Transform Infrared Spectrophotometer in order to put the instrument into functional and operational use. Both instruments are connected via an interface allowing for simultaneous analysis of a sample. A custom-made in-house library was created in order to search and compare to future unknown case samples. Reference materials were run and reviewed in order to determine which method and concentrations would provide the best infrared scans, and the sample repeatability runs were used to develop …

The Trouble With Time Served, Kimberly Ferzan

All Faculty Scholarship

Every jurisdiction in the United States gives criminal defendants “credit” against their sentence for the time they spend detained pretrial. In a world of mass incarceration and overcriminalization that disproportionately impacts people of color, this practice appears to be a welcome mechanism for mercy and justice. In fact, however, crediting detainees for time served is perverse. It harms the innocent. A defendant who is found not guilty, or whose case is dismissed, gets nothing. Crediting time served also allows the state to avoid internalizing the full costs of pretrial detention, thereby making overinclusive detention standards less expensive. Finally, crediting time …

People And Power: Person-First Language Usage And The Criminal Justice System, Casey E. Orr

Amplify: A Journal of Writing-as-Activism

Language is power. Word choice and terminology, especially those referring to people, are expressions of societal norms and institutional power. Dehumanizing crime-first terms and labels are abundant and common in criminal justice contexts despite being protested by system-involved individuals and activists. Instead, many advocate for person-first terms wherein identifying language emphasizes an individual’s humanity. With a peace-focused anthropological framework, this paper presents the case for person-first language in criminal justice contexts. It is evident that adopting first-person language usage regarding the criminal justice system is necessary after analyzing and considering the multiple sources, such as the voices of those who …

Community Supervision: Perspectives Of Probation And Parole Officers And Supervisors On Key Supervision Approaches And Policy Changes, Asianna Nelson

Dissertations and Theses

This study explores the differences across community supervision approaches in Oregon and how the implementation of state policies has influenced this field. Therefore, this study seeks to answer the following research questions: 1) How do POs and supervisors define their approach to community supervision? 2) How have POs and supervisors experienced shifts in state policy? Fourteen line staff and supervisors from seven Oregon probation and parole agencies were interviewed to answer these research questions. The findings suggest that most agencies are using evidence-based practices and implementing state policies. However, variation exists across the represented agencies in the experiences and perceptions …

Aotearoa New Zealand, The Forcible Transfer Of Tamariki And Rangatahi Māori, And The Royal Commission On Abuse In Care, David B. Macdonald

Genocide Studies and Prevention: An International Journal

This article investigates to what extent the forcible transfer of tamariki and rangatahi Māori (Indigenous children and youth) in Aotearoa New Zealand can be considered genocide. First, I begin by exploring contemporary genocide theory as it relates to dolus eventualis in settler colonial contexts, before engaging with precedents for recognizing Indigenous genocides established by truth commissions in Canada (2015; 2019) and Australia (1997). I then explore the history around Indigenous child removal in Aotearoa from the onset of colonization to the present day, attentive to ways in which the UN Convention can apply to the forced removal of Māori children. …

Law Enforcement Recruitment, Why It Matters, And Key Management Decisions, Part Two, Patrick Oliver

History and Government Faculty Publications

No abstract provided.

Addressing Barriers To Housing In Reentry Programs Working To Address A Variety Of Needs: A Qualitative Study Of Second Chance Act Grantees, Elizabeth L. Beck, Natasha N. Johnson, Sommer Delgado, Victoria Helmly, Susan Mclaren, Alice Prendergast, Leigh Alderman, Lorenzo Almada, Brian Bride, Eric Napierala, William Sabol

CJC Publications

Using data from an evaluation of three Second Chance Act grantees, we explore formerly incarcerated people’s (FIP) access to housing. This study is unique in that it includes the perspectives of individuals with lived experiences and the insights of the reentry program providers working to meet their overall needs, including in the area of housing. The data come from reentry programs in three regions of the United States. Although the needs of the people with lived experiences have similarities, regional differences exist, particularly related to housing costs and supply, including the availability of transitional housing. Also, variations exist between FIP …

Online Radicalization Case Study Of A Mass Shooting: The Payton Gendron Manifesto, Daniela Peterka-Benton, Bond Benton

Department of Justice Studies Faculty Scholarship and Creative Works

On May 14th, 2022, 18-year-old Payton S. Gendron of Conklin, New York, drove his car more than 200 miles to a predominantly black neighborhood in Buffalo, New York. At around 2:30 p.m., Gendron arrived at a Tops supermarket wearing body armor, tactical gear and a helmet with a video camera attached. He utilized the camera to livestream the event and carried an AR-15 semi-automatic rifle because of its proven deadly nature. He began firing his assaultrifle in the parking lot of the supermarket, killing three victims. He then went inside the store where he killed a security guard and nine …

A Historic Review Of Community Policing & The Implementation Issues We Have Faced, Emily Bell

University Honors Theses

Community Policing has existed around the world for decades, despite becoming increasingly popular in the later 1990s and early 2000s in the United States. There have been multiple ways that the United States has tried to implement community policing, which this paper will review. Starting in the 1960s when the 12th street race riots caused Lyndon B. Johnson to publish government reports calling for an overhaul of policing and an increased focus on community relations, and looking all the way to 2014, when President Barack Obama created the Task Force on 21st Century Policing, which also put out a report …

Do Frameworks Matter? Testing The Framing Effect On Public Support For Prison Pell Grants, Natalie Miles Burke

Dissertations and Theses

Postsecondary college education (PSCE) services are a rehabilitative program that offers adults in custody (AICs) the opportunity to earn a college degree while incarcerated. Research has shown that AICs participating in PSCE services reduce the likelihood of future incarceration as well as higher self-esteem and confidence levels. In 2015, President Obama’s Second Chance Pell Pilot program reinstated federal financial aid for AICs to access PSCE services. Although the Second Chance Pell Pilot program has continued to grow since then, little research has been done on public perceptions toward prison Pell Grants.

This thesis studies how offender crime type and sentence …

The Impact Of Juvenile Transfer Laws, Kerina Lynn Ibarra

Doctoral Dissertations and Projects

This study will examine the relationship between juvenile transfer laws, certified juveniles, the criminal justice system, and the potential collateral consequences juveniles face when subjected to juvenile transfer laws. To obtain a deeper understanding of the impact of juvenile transfer laws and their potential collateral consequences, a qualitative study will be conducted utilizing several methods of data collection to include interviews; observations; and textual analysis of adult 1, adult 2, and criminal justice practitioners, to include, jail administrator, corrections officer, police, probation and parole officer, prosecuting attorney, and DOC staff. In the interview process, information will be gathered to contribute …