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Articles 1 - 16 of 16
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Penal Culture And Hyperincarceration: The Revival Of The Prison, Alex Steel, Chris Cunneen, David Brown, Eileen Baldry, Melanie Schwartz, Mark Brown
Penal Culture And Hyperincarceration: The Revival Of The Prison, Alex Steel, Chris Cunneen, David Brown, Eileen Baldry, Melanie Schwartz, Mark Brown
David C. Brown
What are the various forces influencing the role of the prison in late modern societies? What changes have there been in penality and use of the prison over the past 40 years that have led to the re-valorization of the prison? Using penal culture as a conceptual and theoretical vehicle, and Australia as a case study, this book analyses international developments in penality and imprisonment. Authored by some of Australia’s leading penal theorists, the book examines the historical and contemporary influences on the use of the prison, with analyses of colonialism, post colonialism, race, and what they term the ‘penal/colonial …
Sample Opinion Article, Michael A. Stanley
Immigration Policing And Federalism Through The Lens Of Technology, Surveillance, And Privacy, Anil Kalhan
Immigration Policing And Federalism Through The Lens Of Technology, Surveillance, And Privacy, Anil Kalhan
Anil Kalhan
With the deployment of technology, federal programs to enlist state and local police assistance with immigration enforcement are undergoing a sea change. For example, even as it forcefully has urged invalidation of Arizona’s S.B. 1070 and similar state laws, the Obama administration has presided over the largest expansion of state and local immigration policing in U.S. history with its implementation of the “Secure Communities” program, which integrates immigration and criminal history database systems in order to automatically ascertain the immigration status of every individual who is arrested and booked by state and local police nationwide. By 2012, over one fifth …
Estimating Age: College Males Versus Convicted Male Child Sex Offenders, Robert Marsh, Sergio Romero, Steven Patrick
Estimating Age: College Males Versus Convicted Male Child Sex Offenders, Robert Marsh, Sergio Romero, Steven Patrick
Robert L. Marsh
Two samples, male college students and convicted male child sex offenders, are compared on their abilities to accurately estimate the age group of a series of photographs of a sole female ranging in age from 11 to 29. Both samples tend to overestimate the age group of the subject photos, and no significant difference was found between college students and convicted child sex offenders in their ability to estimate the age of females. Both groups are compared demographically, and only limited differences were found. The implications are discussed in regard to theory and prevention of child sexual abuse.
Kosovo's War Victims: Civil Compensation Or Criminal Justice For Indentity Elimination?, Irene Scharf
Kosovo's War Victims: Civil Compensation Or Criminal Justice For Indentity Elimination?, Irene Scharf
Irene Scharf
This Article is presented in three Parts. The first Part examines the likelihood that the displaced war victims could receive some type of civil compensation for their losses through the local courts in Yugoslavia. Part II scrutinizes the basic international human rights doctrines and systems of enforcement to determine whether they may offer remedies for the victims of identity elimination. Part III explores the likelihood that, through the Yugoslav Tribunal, those responsible for identity elimination may be held criminally responsible for their actions in Kosovo.
The New Rules For Admissibility Of Expert Testimony: Part Ii, Robert Sanger
The New Rules For Admissibility Of Expert Testimony: Part Ii, Robert Sanger
Robert M. Sanger
As described in the last Criminal Justice column for the Santa Barbara Lawyer magazine, the California Supreme Court’s opinion in Sargon Enterprises v. University of Southern California, 55 Cal. 4th 747, 149 Cal. Rptr. 3d 614 (2012) made it clear that California is now, (and perhaps unsuspectingly has been for some time), a Daubert jurisdiction. This requires the trial court be the “gatekeeper” and make a determination as to the admissibility of scientific or expert testimony and to determine the limits of any testimony, if it is introduced. The Court held that there are essentially three criteria: The first criterion …
A Criminal Quartet: The Supreme Court's Resolution Of Four Critical Issues In The Criminal Justice System, Richard Klein
A Criminal Quartet: The Supreme Court's Resolution Of Four Critical Issues In The Criminal Justice System, Richard Klein
Richard Daniel Klein
No abstract provided.
Political Obstacles To Change In Criminal Justice Agencies: An Interorganizational Perspective, Paul Solomon, J Gardiner
Political Obstacles To Change In Criminal Justice Agencies: An Interorganizational Perspective, Paul Solomon, J Gardiner
Paul Solomon
This monograph presents the process of criminal justice change with emphasis on the interaction between operating agency heads and officials and groups attempting to act as agents of change. This publication is one of a series of nine monographs extracted from the Proceedings of the Fourth National Symposium on Law Enforcement Science and Technology held May 1-3, 1972 in Washington, DC. The collection of papers includes discussions of efforts of the Law Enforcement Assistance Administration to introduce systematic change into the criminal justice system by means of the pilot and impact cities programs. The development, goals, and problems encountered in …
Genetic Transmission Effects And Intergenerational Contact With The Criminal Justice System: A Consideration Of Three Dopamine Polymorphisms, Holly Miller, J. Barnes
Genetic Transmission Effects And Intergenerational Contact With The Criminal Justice System: A Consideration Of Three Dopamine Polymorphisms, Holly Miller, J. Barnes
Holly Ventura Miller
Parental incarceration has been linked to a wide range of negative intergenerational consequences, including involvement in the criminal justice system. Prior research indicates that those who experience episodes of parental incarceration during childhood are significantly more likely to report contact with the police, arrest, conviction, and incarceration. There remains, however, considerable debate as to whether these relationships are causal or merely correlational. Although many theoretical frameworks offer guidance in understanding these associations (e.g., social learning, strain, labeling), less work has focused on genetic risk factors. Using data from a nationally representative sample of American youth, we conduct a series of …
Law Enforcement Preferences For Ptsd Treatment And Crisis Management Alternatives, Carolyn Becker, Glenn Meyer, John Price, Melissa Graham, Ashley Arsena, David Armstrong, Elizabeth Ramon
Law Enforcement Preferences For Ptsd Treatment And Crisis Management Alternatives, Carolyn Becker, Glenn Meyer, John Price, Melissa Graham, Ashley Arsena, David Armstrong, Elizabeth Ramon
Carolyn Becker
Evidence-based treatments (EBT) for posttraumatic stress disorder (PTSD) remain underutilized. Analog research, however, indicates that patients may be more amenable to receiving EBT for PTSD than utilization rates suggest. This study sought to extend previous studies by investigating PTSD treatment preferences among law enforcement individuals (i.e., active duty officers, cadets, criminal justice students). We asked 379 participants, with varying trauma histories, to read a police traumatic event and imagine they had developed PTSD. Participants rated the credibility of six treatment options which they might encounter in a treatment setting, and chose their most and least preferred treatments. Next, they evaluated …
Race, Crime, And Institutional Design, Erik Luna
Race, Crime, And Institutional Design, Erik Luna
Erik Luna
Minorities are gravely overrepresented in every stage of the criminal process--from pedestrian and automobile stops, to searches and seizures, to arrests and convictions, to incarceration and capital punishment. While racial data can provide a snapshot of the current state of affairs, such information rarely satisfies questions of causation, and usually only sets the scene for normative theory.
Criminal Justice And The Public Imagination, Erik Luna
Criminal Justice And The Public Imagination, Erik Luna
Erik Luna
As this symposium demonstrates, criminology has much to offer criminal law and procedure. But there are limits to this endeavor, such as when public policy is distorted by powerful emotions that ignore the lessons of legal doctrine and social science. This article presents one possible response in such circumstances: expanding the interdisciplinary relationship to include literary and cultural materials usually associated with the humanities. These works can inspire the public imagination in ways that law and criminology cannot, at times offering an alternative narrative to counter emotion-driven claims of necessity, for instance, and raising the exact type of questions that …
Gun Control, Mental Illness, And Black Trans And Lesbian Survival, Gabriel Arkles
Gun Control, Mental Illness, And Black Trans And Lesbian Survival, Gabriel Arkles
Gabriel Arkles
Those concerned with racial, gender, sexual, economic, or disability justice should be concerned about the direction and focus of national conversations in the wake of Newtown. Controversies over gun control and mental health treatment have a profound impact on those marginalized based on race, gender, sexuality, class, and disability. Gun control laws endanger trans people of color and queer women of color, as well as those labeled mentally ill, by failing to reduce interpersonal violence while increasing the violence of the criminal legal system. Instead of increasing incarceration of people in marginalized communities who choose to carry guns, we should …
Normalising Police Militarisation, Living In Denial, Victor Kappeler, Peter Kraska
Normalising Police Militarisation, Living In Denial, Victor Kappeler, Peter Kraska
Peter Kraska
The militarisation of policing in the USA continues to be a critical area of enquiry for both the police and the society. Recent events in Boston speak to the centrality of this area of research for understanding state responses to an array of social problems, including violence, terrorism and civil unrest. The police capacity to organise and distribute state-sponsored violence as well as the ability to shape institutional appearances while doing so, impacts issues of civil rights, domestic order and the quality of political life in a democracy. The importance of the topic, coupled with the fact that we have …
Regulatory Crime: Solutions, Lucian Dervan
Regulatory Crime: Solutions, Lucian Dervan
Lucian E Dervan
On November 14, 2013, Professor Dervan was called to testify before the United States House of Representatives' Committee on the Judiciary Over-Criminalization Task Force. Available here is his written testimony. In his written testimony, Professor Dervan examines the phenomenon of over-criminalization, particularly in the regulatory area, and offers several recommended solutions for Congressional adoption. First, he recommends the adoption of a default rule for mens rea. Second, he recommends the adoption of a default rule applying mens rea to all material elements of an offense. Third, he recommends the codification of the Rule of Lenity. Finally, along with some additional …
White Collar Over-Criminalization: Deterrence, Plea Bargaining, And The Loss Of Innocence, Lucian Dervan
White Collar Over-Criminalization: Deterrence, Plea Bargaining, And The Loss Of Innocence, Lucian Dervan
Lucian E Dervan
Overcriminalization takes many forms and impacts the American criminal justice system in varying ways. This article focuses on a select portion of this phenomenon by examining two types of overcriminalization prevalent in white collar criminal law. The first type of over criminalization discussed in this article is Congress’s propensity for increasing the maximum criminal penalties for white collar offenses in an effort to punish financial criminals more harshly while simultaneously deterring others. The second type of overcriminalization addressed is Congress’s tendency to create vague and overlapping criminal provisions in areas already criminalized in an effort to expand the tools available …