Digital Commons Network^™

Terrorism And The Role Of Private Security, Brian Kingshott

Brian F. Kingshott

No abstract provided.

The Charging And Sentencing Effects Of Depth And Distance In A Criminal Code, Ronald F. Wright, Rod Engen

Ronald F. Wright

Today's conventional wisdom about criminal justice in the United States tells us that criminal codes do not matter much. The real impact of the criminal law appears not in the statute books but in the choices of criminal prosecutors who apply those laws. Moreover, decision-making by prosecutors takes on even greater importance in the context of late twentieth century reforms that have made sentencing more determinate and less discretionary. Scholars have argued that these legal changes have effectively increased prosecutorial influence over sentences.

Despite these claims, little is known about the actual use of prosecutorial discretion under these kinds of …

A Complete Analysis Of Criminal Justice Four Year Programs In Relation To Curriculum, Debra Ross

Debra E. Ross

No abstract provided.

Changing Global Travel: Passenger Profiling In The Airline Industry, Brian Kingshott

Brian F. Kingshott

No abstract provided.

The Power Of Bureaucracy In The Response To Blakely And Booker, Ronald F. Wright

Ronald F. Wright

How will different jurisdictions respond to the recent Supreme Court decisions in Blakely v. Washington and United States v. Booker, which require jury fact-finding to support certain types of sentences? The best clues in predicting the answer to this question come from the people who know this world best, the sentencing bureaucracy. Sentencing commissions, mostly for benign reasons, hope to preserve their own place in the sentencing structure, or to expand their role if possible. The particulars shift from place to place, but this powerful tendency of bureaucracies for self-preservation offers a reliable way to predict the reactions of sentencing …

Transparency And Participation In Criminal Procedure, Stephanos Bibas

All Faculty Scholarship

The insiders who run the criminal justice system–judges, police, and especially prosecutors–have information, power, and self-interests that greatly influence the criminal justice process and outcomes. Outsiders–crime victims, bystanders, and most of the general public–find the system frustratingly opaque, insular, and unconcerned with proper retribution. As a result, a spiral ensues: insiders twist rules as they see fit, outsiders try to constrain them, and insiders find new ways to evade or manipulate the new rules. The gulf between insiders and outsiders undercuts the instrumental, moral, and expressive efficacy of criminal procedure in serving the criminal law’s substantive goals. The gulf clouds …

Recent Efforts To Make Nebraska Juries More Representative Of Their Communities, Carly Duvall, Elizabeth Neeley

Criminology and Criminal Justice Faculty Publications

According to the Minority and Justice Task Force Report (2003), “the majority of Nebraskans believe that it is important that juries reflect the racial and ethnic makeup of the community.”

An Adolescent Sex Offender Treatment Program: Current And Historical Perspectives With Implications On Age And Typology, Debra Ross

Debra E. Ross

No abstract provided.

Catastrophic Terrorism: Legal Aspects Of Emergency Situations, Kristine Botsford Mullendore, James Ballard

Kristine Botsford Mullendore

No abstract provided.

The Political Economy Of Up-Front Fees For Indigent Criminal Defense, Ronald F. Wright, Wayne A. Logan

Ronald F. Wright

In this article, we trace the origin and spread of state laws designed to make indigent criminal defendants pay, up-front, a portion of the costs of their state-appointed counsel. These co-pays, which can range from $10 to over $200, are part of the increasingly popular pay-as-you-go movement, requiring criminal defendants to defray the system costs of their prosecution and punishment.

On their face, such laws would appear to be a natural target of vigorous resistance by the defense bar. This turns out to be only half true, however, for it is often the leaders of public defense organizations, faced with …

Murder, Denunciation And Criminal Policing In Weimar Berlin, Sace Elder

Faculty Research & Creative Activity

In the years since 1989, there has been a wealth of scholarly research into role of denunciation in supporting Germany’s two twentieth-century authoritarian regimes. The shocking revelation after the collapse of East German communism and the opening of the Stasi archives that hundreds of thousands of GDR citizens had served as ‘informal collaborators’ with the secret police seemed to help explain how a relatively small police organization managed to create a culture of terror and conformity. By focusing on the cooperation of ordinary citizens with policing institutions in the surveillance of public and private behaviors, scholars of Nazi Germany have …

Murder, Denunciation And Criminal Policing In Weimar Berlin, Sace E. Elder

Faculty Research & Creative Activity

In the years since 1989, there has been a wealth of scholarly research into role of denunciation in supporting Germany’s two twentieth-century authoritarian regimes. The shocking revelation after the collapse of East German communism and the opening of the Stasi archives that hundreds of thousands of GDR citizens had served as ‘informal collaborators’ with the secret police seemed to help explain how a relatively small police organization managed to create a culture of terror and conformity. By focusing on the cooperation of ordinary citizens with policing institutions in the surveillance of public and private behaviors, scholars of Nazi Germany have …

Murder, Denunciation And Criminal Policing In Weimar Berlin, Sace E. Elder

Sace E. Elder

In the years since 1989, there has been a wealth of scholarly research into role of denunciation in supporting Germany’s two twentieth-century authoritarian regimes. The shocking revelation after the collapse of East German communism and the opening of the Stasi archives that hundreds of thousands of GDR citizens had served as ‘informal collaborators’ with the secret police seemed to help explain how a relatively small police organization managed to create a culture of terror and conformity. By focusing on the cooperation of ordinary citizens with policing institutions in the surveillance of public and private behaviors, scholars of Nazi Germany have …

Adolescent Risk-Taking As A Justification For Paternalistic Legal Policy, John Hewitt, Robert Regoli, Christopher Kierkus

Christopher A. Kierkus

No abstract provided.

Critical Issues In Police Civil Liability, Vic Kappeler

Vic Kappeler

Building on the strength of previous editions, the fourth edition presents a well-conceived, clearly stated analysis of complex issues confronting law enforcement officers and administrators. Law enforcement duties sometimes place police officers in vulnerable positions regarding their legal obligations and expose them to charges of misconduct. Civil liability is an extremely expensive proposition for police officers, law enforcement agencies, governments, and—ultimately—taxpayers. Although substantial resources are often expended by the justice system to resolve liability cases, there are benefits to citizens. When the government assumes the responsibility to provide service or to protect the public, people injured by inadequate performance of …

Criminal Justice Theory: Toward Legitimacy And An Infrastructure, Peter Kraska

Peter Kraska

Within Criminal Justice/Criminology, “theory” is generally assumed to be concerned with crime and crime rates. Studying criminal justice is tacitly, and sometimes explicitly, relegated to the narrow role of evaluative and descriptive scholarship. This article explores the reasons for our field’s failure to recognize the importance of developing an accessible and well‐recognized theoretical infrastructure not about crime, but criminal justice and crime control phenomena. It examines the complexity of our object of study when theorizing criminal justice and the efficacy of organizing criminal justice theory using multiple “theoretical orientations.” The conclusion stresses the essentiality of criminal justice theory, with particular …

Police Civil Liability: Supreme Court Cases And Materials, Victor Kappeler

Vic Kappeler

The thirty-five Supreme Court cases in the second edition provide a solid, accessible foundation for understanding civil liability law and its impact on policing operations and management. This resource also includes a brief review of the basics of judicial reasoning and a short introduction on how to brief cases. These materials and the discussion questions at the end of each section help readers understand the process of legal inquiry and analysis and the changing nature of police civil liability law.

Cohabitation, Non-Traditional Family Structure, And The Development Of Anti-Social Behavior: A 21st Century Approach To A Mid 20th Century Issue, Christopher Kierkus, John Hewitt

Christopher A. Kierkus

No abstract provided.