Legal Studies Commons^™

Case Studies Of Three Wrongful Convictions, Kelsie Blood

Criminology Student Work

Although the criminal justice system is one of the most important systems in our society, it has its flaws. One role of the criminal justice system is to incarcerate people who have committed crimes in violation of criminal law. Unfortunately for thousands of individuals, the criminal justice system incarcerates people who are not guilty of those crimes. Wrongful convictions are a failure of our criminal justice system. There are different factors that contribute to a person being wrongfully convicted. These factors include eyewitness misidentification, inadequate or ineffective legal representation, DNA-or lack thereof, and official misconduct, or a combination of these. …

The Revolving Door Of Recidivism, Laura E. Bull

Classical Conversations

With the rise in the use of prisons, recidivism also grew. Recidivism, in the broadest sense, is the act of a past offender coming back into contact with the justice system. Prisons have been used as far back as the fourth century, but over time their purpose has changed. Today in the United States, the main purpose of prisons is rehabilitation. The most recent law, the First Steps Act, reflects the desire to reduce the trend of recidivism. Many programs have been used as a method of reducing recidivism. Recidivism is a cycle of pain, creating jaded prisoners and placing …

The Media’S Response To Vaping: Catch-Up For A Failed Response?, Christian Maynard

Honors Theses

Media coverage on vaping has become more negative and more prolific due to the recent ‘vaping epidemic’ that has incurred over 2,000 hospitalization. Research on vaping has been limited. The purpose of this study is to investigate the correlations between vape use increase and media publication increase and the specific focus of the articles. Using secondary data from Monitoring the Future: A Continuing Study of the Lifestyles and Values of Youth conducted in 2016, 2017, and 2018 and data generated through qualitative coding of The New York Times articles on vaping between 2016 and 2018, we find that media publications …

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 …

Much Obliged? Moral Psychology And The Social Obligation Of Property: An Essay In Honor Of Gregory Alexander, Nestor M. Davidson

Cornell Journal of Law and Public Policy

Few scholars have argued as eloquently as Gregory Alexander for the normative force of social obligation in American property law and for a broader understanding of property as inherently relational. The idea that mutual regard for the ability of each person to have meaningful life choices means that ownership entails duties to others has always seemed to me-perhaps not surprisingly given my own moral intuitive priors-deeply compelling. But it is clear that other moral intuitions lead people to value just as deeply and just as intuitively property's ability to establish individual sanctuary within strong, clear boundaries. I don't have the …

It's Not Personal: Social Obligations In The Office Of Ownership, Larissa Katz

Cornell Journal of Law and Public Policy

In November 2016, the City of Vancouver passed its "Vacancy Tax By-law." The law requires homeowners to submit a property status declaration each year to the City, revealing the uses they are making of their property. An owner whose property is not rented or in use for at least 6 months a year is subject to a vacancy tax. The stated purpose of the law is to address the affordable housing crisis in Vancouver, a city where the official rental vacancy rate is less than 1%. By penalizing absentee owners, the law is intended to increase supply and to deter …

Liberalism And The Commons, Hanoch Dagan

Cornell Journal of Law and Public Policy

It is a real privilege for me to participate in the celebration of Greg Alexander's enormous contribution to the scholarship and jurisprudence on property, which has enhanced our understanding of property in numerous ways. Alexander utilized almost every tool in a legal theorist's kit-notably: history, comparative law, and philosophical investigation-to study property and developed an innovative and nuanced theory of property. Property, for Alexander, has a core role in fostering human flourishing. A proper conception of property, he claims, must acknowledge that obligations and not just rights, and communities and not only individuals, take center stage.

An Analysis Of Police Pursuits In Ct During 2019, Erica Boccuzzi

CJ Masters Theses

Police pursuits can occur at any time, any location and can have numerous outcomes. There is past research on this topic which has been compared to this current study. The purpose of this research project is to analyze pre-existing data alongside the data collected by the researcher. The goal of this project serves to study every aspect of a police pursuit as provided through a mandatory pursuit form. In specific, the research was collected from different departments within the state of Connecticut during the 2019 calendar year. The pursuit form includes crucial information which can provide insight regarding pursuits in …

Investigating The Perceived Effectiveness Of Domestic Violence Programs In Massachusetts, Katharina Ohmen

Criminology Student Work

Domestic violence affects many individuals on a daily basis. Rates of domestic violence have increased and affect one in three women, and one in five men in Massachusetts (Jane Doe Inc., 2019) and accounts for 15 percent of all violent crime committed in the United States (National Domestic Violence Hotline, n.d.). The current research examines the perceived effectiveness of the services provided by domestic violence programs designed to assist survivors in Essex County, Massachusetts. The current research investigated how well Massachusetts programs can be accessed and utilized by survivors. Qualitative data, in the form of face-to-face interviews with program directors …

The Applicability Of Occupational Therapy To Correctional Programming, Jordan Lanning

Honors Projects

Correctional facilities are a controversial topic in the United States. Whether it is prison reform policy or overcrowding issues that are being debated in a political setting or at the dinner table, it is a hot topic of conversation. The discussion goes around and around to no avail, and seemingly no one is satisfied. A detailed look at current issues facing corrections, what has been done, and then, potentially what could be done may provide some clarity for a situation that is seemingly spinning out of control. Furthermore, occupational therapy and its application to correctional programming is explored as a …

How Factors Of State Supreme Court Retention Affect Votes To Overturn Precedent: How Do Different Factors Of State Supreme Court Composition Effect The Likelihood That Salient Cases Will Result In An Overturning Of Precedent?, Autumn N. Fosteson

Political Science Theses and Capstones

Since the establishment of individual states supreme courts, there has been debate on the best way to retain individual judges to their court. With five different forms of retention, each comes with their own set of outside forces that determine how a judge behaves while on the court. Some of these outside forces like a judge’s length of service on the court can also affect the decision to overturn a standing precedent, especially when the case captures great amounts of media attention. Salient cases are often more likely to result in an overturned precedent than other cases but outside factors …

Are Police Actions Towards African Americans Different From Other Races?, Colby King

Political Science Theses and Capstones

Research implies that African Americans and other minorities experience racial disparities in their encounters with police. Their white counterparts tend to not experience any racially driven disparity. Oftentimes this research does not use different characteristics while testing for racial disparity, leaving much more to be explored when researching police encounters among minorities. I will be using data from the United States Department of Justice, Bureau of Justice Statistics to test some of these characteristics. This study will test demographics regarding the citizens race and gender, as well as the nature of their police encounters. Using these demographics, we can find …

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 …