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The Center for Policy and Research at Seton Hall University School of Law provides law students with an uncommon opportunity to gain experience in forensic analysis and investigation through research into national policies and practices. Expanding their knowledge beyond legal doctrine, students participating in the Center as Fellows gain proficiency in identifying patterns and inconsistencies, and uncovering the truth that can help shape the law and public policy.

The mission of the Center for Policy and Research is rooted in a dedication to scholarly learning, practical training, and impact. Pattern recognition, factual evaluation and careful use of data are essential for both the practice of law and for the application of legal doctrine to real world problems. Seton Hall offers students a unique opportunity to work with facts and data, to find and develop patterns from large quantities of information, and to evaluate the significance of what they discover.

Under the direction of Professor Mark Denbeaux the Center’s work focuses on three key areas: Interrogations & Intelligence, National Security, and Forensics. Among the Center’s high-profile projects are the world renowned Guantánamo Reports, which were originally spurred from Professor Denbeaux’s representation of two Guantánamo detainees. The Reports were developed by analyzing the government’s own data through the systematic review of literally over 100,000 pages of government documents procured through the Freedom of Information Act. The Guantánamo Reports have been widely cited, published and reported throughout the world.

Reports

Guantánamo

The Center has released multiple reports analyzing the Guantánamo Bay Naval Facility and its role in national security policy. The Center has issued reports regarding weight data of the detainees, the recidivism rates of released prisoners, the incidents surrounding an alleged triple suicide at the camp, detainee interrogation methods, and other issues.

In 2009, the Center issued a report, Death in Camp Delta, which analyzed the government’s investigation of three simultaneous deaths of detainees in Guantánamo Bay, Cuba. According to the Center report, the June 2006 deaths raised serious questions about the security of the Camp, the duties of officials of multiple defense and intelligence agencies that allowed three detainees to die, and the quality of the investigation into the cause of the deaths.

In 2011, the Center released The Guantanamo Diet: Actual Facts about Detainee Weight Changes. Using data of detainee weigh-ins released by the Department of Defense, the Center was able to discern that detainees’ weights varied so wildly that many detainees have been obese briefly and under-nourished at other times, and that the same percentage of Guantánamo detainees have become underweight at some point as have become obese at some point.

Abu Ghraib

The Center is currently working to analyze the investigation of the Abu Ghraib prison scandal.

Corporate

The Center’s corporate team recently published a report examining in-depth the investigation of Lehman Brothers’ business practices undertaken by the U.S. Bankruptcy Court Examiner in the largest bankruptcy ever filed. The Center focused primarily on Lehman’s risk management and asset valuation— two aspects of company worth not readily available or discernible to the investing public— and notes that Lehman’s conscious violation of internal risk limitations as well as its conscious failure to accurately value assets was, alarmingly, found insufficient as a matter of law by the Examiner to trigger legal sanctions against Lehman Brothers or even a reprimand.

Forensics

What sort of evidence is most reliable for revealing the facts? What is the impact when certain evidence is allowed and other evidence dismissed? How does the collection of evidence affect the outcome? The Center for Policy and Research’s Crime Laboratory is answering those questions and more as it investigates and evaluates the methodologies of forensic science to determine their validity and appropriateness.

Drug Free Zones

The Center performed a quantitative analysis of drug free zone coverage throughout the state of New Jersey to determine whether or not they impose a disparate impact on minorities.

Breathalyzers

The center published a report which exposed the unreviewable nature of New Jersey’s breathalyzers and the evidentiary impact of that unreviewability.

Publications

Articles Published by the Center for Policy and Research

Center For Policy and Research Cited Articles

Public Radio International interview 7-30-09: http://www.theworld.org/2009/07/30/preserving-guantanamo-history*[1] Denbeaux statement to Senate Judiciary Committee 12-11-07: http://kyl.senate.gov/legis_center/subdocs/121107_denbeaux.pd *[2] Denbeaux quote in article about GTMO detainee held over charity ties: http://www.boston.com/news/nation/washington/articles/2006/08/31/detentions_over_charity_ties_questioned *[3] Citation: 48 Harv. Int’l L.J. Online 69 (2007): http://www.harvardilj.org/online/111 *[4] Citing Feb 2006 report: http://www.nytimes.com/2007/07/26/washington/26gitmo.htm *[5] Quote in- Guardian: 2-23-09: http://www.guardian.co.uk/world/2009/feb/23/guantanamo-bay-prison-human-rights *[6] Report Site: 1-8-08: http://www.theagitator.com/2008/01/08/innocent-in-guantanamo *[7] Report Study: 1-22-09: http://www.slate.com/id/2209404 *[8] Denbeaux quote/study: 11-21-06: http://www.npr.org/templates/story/story.php?storyId=651492 *[9] Denbeaux quote: 6-14-06: http://www.usatoday.com/news/washington/2006-06-14-bush-gitmo_x.htm *[10] Rafiq Lawsuit: 4-23-09: http://www.nj.com/news/index.ssf/2009/04/tunisian_man_sues_over_alleged.html *[11] Denbeaux quote: 6-12-06: http://www.foxnews.com/story/0,2933,199030,00.html *[12] Report quote 2-11-06: http://www.dailytimes.com.pk/default.asp?page=2006\02\11\story_11-2-2006_pg4_4 *[13] Report quote 6-10-09: http://blog.taragana.com/n/new-jersey-law-professor-alleges-pentagon-inflates-recidivism-of-freed-gitmo-detainees-76953 *[14] Report quote: 5-21-09: http://sweetness-light.com/archive/1-in-7-freed-detainees-back-at-terrorism *[15] Denbeaux quote/report: 1-14-09: http://www.voanews.com/english/archive/2009-01/2009-01-14-voa12.cfm?CFID=309692450&CFTOKEN=35800358&jsessionid=8830d5fd70acd4a457a2019a215f5d3d1458 *[16] Report site: 4-7-09: http://www.torturesnotus.net/pb/wp_5f06f211/wp_5f06f211.html *[17] Report site: 1-25-09: http://www.cbsnews.com/stories/2009/01/25/national/main4752211.shtml *[18] Report Site: 5-20-09: http://www.nytimes.com/2009/05/21/us/politics/21gitmo.html *[19] Denbeaux quote: 6-12-06: http://www.commondreams.org/headlines06/0612-03.htm *[20] Denbeaux Quote: 6-12-06: http://news.bbc.co.uk/2/hi/americas/5070514.stm *[21] Riccardelli site 5-27-09: http://www.shuruleoflaw.com/2009/01/27/209/ *[22] Report/Denbeaux quote: http://www.thenewamerican.com/usnews/crime/1166 *[23] Report Quote. 9-9-07: http://www.witnesstorture.org/who_are_they *[24] Report Quote: http://gdaeman.blogspot.com/2007/09/many-in-guantanamo-are-innocent.html *[25] Report site 1-26-09: http://www.europarl.europa.eu/meetdocs/2004_2009/documents/fd/refugeeresettlement_/RefugeeResettlement_en.pdf *[26] Report site 1-22-09: http://bucknakedpolitics.typepad.com/buck_naked_politics/2009/01/was-the-guantanamo-report-fake.html *[27] Denbeaux quote 2-24-06: http://www.csmonitor.com/2009/0122/p01s01-usgn.html *[28] Report site: http://www.smh.com.au/news/richard-ackland/innocence-ignored-at-guantanamo/2006/02/23/1140670202994.html *[29]

References

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