Yvonne Dutton

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Unpacking The International Criminal Court’s Deterrent Effect

Yvonne Dutton’s research examines questions about international cooperation and the role and effectiveness of international institutions in deterring and holding accountable those who commit crimes of international concern. The overarching research question is whether and in what circumstances the International Criminal Court (ICC) produces a deterrent effect in the countries that have joined the court. To explore this question, and with funding from The Hague Institute for Global Justice, two collaborators from The Hague Institute and Dutton conducted a case study of Kenya’s relationship with the ICC over time. That Kenya project involved two trips to Kenya where they: (1) conducted elite interviews, and (2) trained 10 local researchers who have since completed about 480 surveys of “ordinary” citizens in Kenya.

Dutton and researcher Tessa Alleblas from the Hague Institute share some preliminary findings from the case study research in an article entitled “Unpacking the ICC’s Deterrent Effect: Lessons from Kenya” (to be published in 2017 by St. John’s Law Review). Although recent empirical work suggests the ICC has a deterrent effect, the case study evidence reveals the complexities of gauging the ICC’s deterrent power and shows that not all actors are deterred in all situations or in the same ways—or even permanently. Dutton and her collaborators continue to analyze the data collected in order to make policy recommendations to the ICC and other relevant actors aimed at ensuring the ICC can deliver justice to victims of mass atrocities.

Professor Dutton’s work on the effectiveness of the International Criminal Court is another example of how IUPUI faculty are TRANSLATING RESEARCH INTO PRACTICE.

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Recent Submissions

Now showing 1 - 10 of 24
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    Retributive or Reparative Justice? Explaining Post-Conflict Preferences in Kenya
    (2022) Dutton, Yvonne; Aloyo, Eamon; Dancy, Geoff
    In states emerging from mass violence and human rights abuses, do individuals prefer retributive punishment of perpetrators through trials, or do they wish to be compensated with land or monetary reparations for their injuries? How does the concrete option of prosecutions by the International Criminal Court (ICC) moderate these preferences? Using unique survey data from 507 Kenyans collected in 2015, we build on and add nuance to the empirical literature that interrogates the link between exposure to mass violence and post-conflict justice preferences. We find that while some individuals prefer reparative justice, victims and witnesses generally want perpetrators to be prosecuted. Even for those who are co-ethnics of government leaders – who allegedly instigated widespread killing, sexual assaults and displacements – direct exposure to those acts leads to greater desire for prosecutions. We further find that one’s personal experience with violence also leads one to reject domestic justice in favor of international justice: victims and witnesses who favored retributive justice are highly likely to believe that the ICC is the best option for prosecuting perpetrators.
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    Recent Developments in Indiana Evidence Law: October 1, 2014 to September 30, 2015
    (2016) Dutton, Yvonne M.
    The Indiana Rules of Evidence ("Rules") were codified in 1994. Since that time, the rules have been applied, explained, and interpreted through court decisions. They have also been refined through statutory revisions. This Article describes the developments in Indiana evidence law during the survey period of October 1, 2014, through September 30, 2015. This Article is not intended to provide an exhaustive discussion of every case applying an Indiana Rule of Evidence. Nor does the Article discuss every Indiana Rule of Evidence. Rather, it summarizes the more important developments in this area of practice. The discussion topics follow the order of the Rules.
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    Lighting A Fire: The Power of Intrinsic Motivation in Online Teaching
    (2019) Ryznar, Margaret; Dutton, Yvonne M.
    Motivation is important to success in many endeavors, and the field of education is no exception. The literature establishes that students who are motivated to learn enjoy more success in their courses and master course content and skills better than students who lack such motivation. But what causes one student to be more motivated than another? This Article addresses this question in the context of law students, focusing in particular on how teachers can increase student “intrinsic” motivation through interesting and engaging course content, as well as regular and consistent formative assessments and feedback. It surveys the literature on motivating students to learn, contributing original empirical data from student surveys and focus groups. Analysis of that data supports the literature on intrinsic motivation, showing that interesting and engaging course content and regular assessments and feedback motivate students to learn and master course content and skills. Indeed, our data collected from over 300 law students shows that students want professors to provide them with intrinsic motivators in their courses. Specifically, student comments evidence that students crave interesting and engaging course content, as well as opportunities for assessment and feedback. We share those comments and suggest techniques to help law professors design online courses that will motivate students and ensure they are engaged and learning course content.
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    What Determines Perceptions of Bias toward the International Criminal Court? Evidence from Kenya
    (2020) Dancy, Geoff; Dutton, Yvonne M.; Alleblas, Tessa; Aloyo, Eamon
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    Assessing Online Learning in Law Schools: Students Say Online Classes Deliver
    (2019) Dutton, Yvonne M.; Ryznar, Margaret; Long, Kayleigh
    This Article provides empirical data on the effectiveness of distance education in law schools following the American Bar Association's decision to increase the number of permitted online course credits from fifteen to thirty. Our data, composed of law student surveys and focus groups, reveals not only the success of distance education in legal education, but also the online teaching methods that are most effective for students.
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    Advancing Faculty Diversity Through Self-Directed Mentoring
    (2017) Dutton, Yvonne M.; Ryznar, Margaret; Shaver, Lea
    Mentoring is widely acknowledged to be important in career success, yet may be lacking for female and minority law professors, contributing to disparities in retention and promotion of diverse faculty. This Article presents the results of a unique diversity mentoring program conducted at one law school. Mentoring is often thought of as something directed by the mentor on behalf of the protégé. Our framework inverts that model, empowering diverse faculty members to proactively cultivate their own networks of research mentors. The studied intervention consisted of modest programming on mentorship, along with supplemental travel funds to focus specifically on travel for the purpose of cultivating mentors beyond one’s own institution. Participants were responsible for setting their own mentorship goals, approaching mentors and arranging meetings, and reporting annually on their activities and progress. Both quantitative and qualitative evidence demonstrate that the program has been effective along its measurable goals in its first year. Participants report growing their networks of mentors, receiving significant advice on research and the tenure process, and being sponsored for new opportunities. The authors conclude that this type of mentoring initiative, if more broadly applied, could have a significant impact on reducing disparities in retention and promotion in the legal academy. To facilitate such replication, the Article describes both the process of designing the program and the actual operation of the program as carried out at one school. In sum, the Article offers a concrete starting point for discussions at any law school interested in advancing faculty diversity through improved mentoring.