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2015

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Of Monsters And Man: Perpetrator Trauma And Mass Atrocity, Saira Mohamed Dec 2014

Of Monsters And Man: Perpetrator Trauma And Mass Atrocity, Saira Mohamed

Saira Mohamed

In popular, scholarly, and legal discourse, psychological trauma is an experience that belongs to victims. While we expect victims of crimes to suffer trauma, we never ask whether perpetrators likewise experience those same crimes as trauma. Indeed, if we consider trauma in the perpetration of a crime at all, it is usually to inquire whether a terrible
experience earlier in life drove a person toward wrongdoing. We are loath to acknowledge that the commission of the crime itself may cause some perpetrators to experience their own psychological injury and scarring.

This Article aims to fill this gap in our understanding …

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The Myth Of The White Minority, Andrew Pierce Dec 2014

The Myth Of The White Minority, Andrew Pierce

Andrew J. Pierce

In recent years, and especially in the wake of Barack Obama’s reelection, projections that whites will soon become a minority have proliferated. In this essay, I will argue that such predictions are misleading at best, as they rest on questionable philosophical presuppositions, including the presupposition that racial concepts like ‘whiteness’ are static and unchanging rather than fluid and continually being reconstructed. If I am right about these fundamental inaccuracies, one must wonder why the myth of the white minority persists. I will argue that by re-envisioning whites as a minority culture struggling against a hostile dominant group, and by promoting …

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Sentencing And The Salience Of Pain And Hope, Benjamin L. Berger Dec 2014

Sentencing And The Salience Of Pain And Hope, Benjamin L. Berger

Benjamin L. Berger

Sentencing judges rarely speak about punishment. There is much
discussion of sentencing objectives, with courts debating, for example, the
relative situational importance of deterrence and denunciation, as compared
with rehabilitation. Appellate courts emphasize the fundamental purpose of
sentencing, which, in Canada, “is to contribute, along with crime prevention
initiatives, to respect for the law and the maintenance of a just, peaceful and
safe society by imposing just sanctions”.1 One can find careful reflection on
the principles of sentencing, with appellate courts giving guidance on
principles of parity and parsimony, mitigation and aggravation. With this, a
rich sentencing jurisprudence has developed …

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The New Doctrinalism: Implications For Evidence Theory, Alex Stein Dec 2014

The New Doctrinalism: Implications For Evidence Theory, Alex Stein

Alex Stein

This Article revisits and refines the organizing principles of evidence law: case specificity, cost minimization, and equal best. These three principles explain and justify all admissibility and sufficiency requirements of the law of evidence. The case-specificity principle requires that factfinders base their decisions on the relative plausibility of the stories describing the parties’ entitlement–accountability relationship. The cost-minimization principle demands that factfinders minimize the cost of errors and the cost of avoiding errors as a total sum. The equal-best principle mandates that factfinders afford every person the maximal feasible protection against risk of error while equalizing that protection across the board. …

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Shared Spatial Regulating In Sharing Economy Districts, Michael N. Widener Dec 2014

Shared Spatial Regulating In Sharing Economy Districts, Michael N. Widener

Michael N. Widener

This paper deals with how local governments should address the impact on neighborhood dwellers and zoning district regulatory schemes of an influx of myriad varieties of new sharing-economy entrepreneurs.

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It's Good To Know That You Got Somebody That's Not Going Anywhere: Attitudes And Beliefs Of Older Youth In Foster Care About Child Welfare-Based Natural Mentoring, Johanna K.P. Greeson, Allison E. Thompson, Samira Ali, Rebecca Stern Wenger Dec 2014

It's Good To Know That You Got Somebody That's Not Going Anywhere: Attitudes And Beliefs Of Older Youth In Foster Care About Child Welfare-Based Natural Mentoring, Johanna K.P. Greeson, Allison E. Thompson, Samira Ali, Rebecca Stern Wenger

Johanna K.P. Greeson, PhD, MSS, MLSP

This exploratory study is the first to investigate the attitudes and beliefs of older adolescents in foster care toward the implementation of a child welfare-based natural mentoring intervention designed to promote enduring, growth-fostering relationships between youth at risk of emancipation and caring, supportive nonparental adults from within the youth's existing social network. Six focus groups were conducted with 17 older youth in foster care attending a specialized charter high school for young people in out-of-home care in a large, urban city in the Northeast United States. Focus group data were transcribed and analyzed using a conventional content analysis approach. The …

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Development & Maintenance Of Social Support Among Aged Out Foster Youth Who Received Independent Living Services: Results From The Multi-Site Evaluation Of Foster Youth Programs, Johanna K.P. Greeson, Antonio R. Garcia, Minseop Kim, Allison E. Thompson, Mark E. Courtney Dec 2014

Development & Maintenance Of Social Support Among Aged Out Foster Youth Who Received Independent Living Services: Results From The Multi-Site Evaluation Of Foster Youth Programs, Johanna K.P. Greeson, Antonio R. Garcia, Minseop Kim, Allison E. Thompson, Mark E. Courtney

Johanna K.P. Greeson, PhD, MSS, MLSP

This study uses secondary data from the Multi-Site Evaluation of Foster Youth Programs, a randomized controlled trial of four independent living programs for youth in foster care. The subject of this investigation is the Life Skills Training Program (LST) of Los Angeles County, CA.We had three interrelated aims: (1) Evaluate the effectiveness of the LST program as compared to services as usual on the change in social support over time; (2) Examine the differences over time in social support by race and ethnicity among LST participants; and (3) Investigate the explanatory value of prosocial activities, educational involvement, current living arrangement, …

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The Unlikely Meeting Between Dzhokhar Tsarnaev And Benjamin Quarles, Brian Gallini Dec 2014

The Unlikely Meeting Between Dzhokhar Tsarnaev And Benjamin Quarles, Brian Gallini

Brian Gallini

Everyone reads New York v. Quarles in law school. The Supreme Court’s 1984 decision in Quarles established the public safety exception—the first and only exception to the requirements of Miranda v. Arizona. But at the time of Quarles’s issuance, no one could have predicted just how big and forgiving the exception would become.

Whereas the defendant in Quarles provided a single response to a single law enforcement question while in custody immediately following his arrest, one of the two 2013 Marathon Bombers, Dzhokhar Tsarnaev, had a dramatically different experience. Four days after the April 15, 2013, Marathon Bombing, Tsarnaev was …

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The Historical Case For Abandoning Strickland, Brian Gallini Dec 2014

The Historical Case For Abandoning Strickland, Brian Gallini

Brian Gallini

Even the Justices considering Strickland v. Washington knew. “[T]his is a big case,” Justice Powell handwrote on the first page of his law clerk’s bench memorandum. Although designed to provide the Sixth Amendment benchmark for effective defense attorney representation, Strickland was an utter failure. Courts nationwide have relied on Strickland to uphold as constitutional criminal defense attorney conduct that includes sleeping through portions of trial, remaining completely silent during the proceedings, mental illness, alcohol use, and drug use - among other troubling examples. The bench, bar, and scholars alike have therefore uniformly proposed reforming the Strickland standard.

But no article …

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The Theatre Of Punishment: Case Studies In The Political Function Of Corporal And Capital Punishment, Bryan H. Druzin Dec 2014

The Theatre Of Punishment: Case Studies In The Political Function Of Corporal And Capital Punishment, Bryan H. Druzin

Bryan H. Druzin

Michel Foucault famously argued that punishment was an expression of power—a way for the State to shore up and legitimize its political authority. Foucault attributed the historical shift away from public torture and corporal punishment, which occurred during the 19th century, to the availability of new techniques of social control. However, corporal and capital punishment (what we term shock punishment) persists in many penal systems to this day, suggesting that these countries have for some reason not fully undergone this penal evolution. Using the experiences of Hong Kong and Singapore as case studies, we attempt to explain why this is …

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International Criminal Law, Gail A. Partin Dec 2014

International Criminal Law, Gail A. Partin

Gail A. Partin

The Electronic Resource Guide, often called the ERG, has been published online by ASIL since 1997. Systematically updated and continuously expanded, the ERG is designed to be used by students, teachers, practitioners, and researchers as a self-guided tour of relevant, quality, up-to-date online resources covering important areas of international law. The ERG also serves as a ready-made teaching tool at graduate and undergraduate levels.

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Patching Holes And Integrating Community: A Strengths-Based Continuum Of Care For Lesbian, Gay, Bisexual, Transgender And Questioning Youth, Shelley L. Craig Phd, Michael P. Dentato Phd, Msw, Genevieve E. Iacovino Dec 2014

Patching Holes And Integrating Community: A Strengths-Based Continuum Of Care For Lesbian, Gay, Bisexual, Transgender And Questioning Youth, Shelley L. Craig Phd, Michael P. Dentato Phd, Msw, Genevieve E. Iacovino

Michael P. Dentato

This article describes an integrated model of service provision called a continuum of care (CoC), and illustrates the application of this approach to working with lesbian, gay, bisexual, transgender, and questioning (LGBTQ) youth through a case example. The CoC described in this article includes provision of individual and group counseling, case management, housing/family supports, socialization events, and prevention workshops, along with relevant outcomes. The relevance of a CoC model for LGBTQ youth due to the inclusion of community context and potential to empower service users is explored. Key recommendations for CoC models with LGBTQ youth include a focus on collaboration, …

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The Right To A Fair Trial In The Age Of Facebook, Lori Andrews Dec 2014

The Right To A Fair Trial In The Age Of Facebook, Lori Andrews

Lori B. Andrews

No abstract provided.

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Graffiti Goes To The Movies: American Fictional Films Featuring Graffiti Artists/Writers And Themes, Jeffrey Ian Ross Ph.D. Dec 2014

Graffiti Goes To The Movies: American Fictional Films Featuring Graffiti Artists/Writers And Themes, Jeffrey Ian Ross Ph.D.

Jeffrey Ian Ross Ph.D.

Since the early 1980s, in addition to the increase in graffiti and street art in many urban contexts, a number of movies have been made that have either examined this phenomenon and the people who engage in this activity, or used graffiti and street art as a backdrop to tell a story. This article briefly reviews the scholarly literature that examines movies that portray criminals and criminal actions, and then analyzes seven American-produced fictional (drama) films using graffiti writers/artists as major characters and then draws generalizations about them. Although this is not a semiotic analysis of the films, to the …

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Analyzing For-Profit Colleges And Universities That Offer Bachelors, Masters And Doctorates To Inmates Incarcerated In American Correctional Facilities, Jeffrey Ian Ross Ph.D., Richard Tewksbury, Miguel Zaldivar Dec 2014

Analyzing For-Profit Colleges And Universities That Offer Bachelors, Masters And Doctorates To Inmates Incarcerated In American Correctional Facilities, Jeffrey Ian Ross Ph.D., Richard Tewksbury, Miguel Zaldivar

Jeffrey Ian Ross Ph.D.

No abstract provided.

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The Cartography Of Responses To State Crime: Understanding The Linkages Among State Abuses/Crimes/Deviance/Harms/Illegalities/Wrongs, Resistance/Control, And State Organizational Reactions, Jeffrey Ian Ross Ph.D. Dec 2014

The Cartography Of Responses To State Crime: Understanding The Linkages Among State Abuses/Crimes/Deviance/Harms/Illegalities/Wrongs, Resistance/Control, And State Organizational Reactions, Jeffrey Ian Ross Ph.D.

Jeffrey Ian Ross Ph.D.

No abstract provided.

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Varieties Of Prison Voyeurism, Jeffrey Ian Ross Ph.D. Dec 2014

Varieties Of Prison Voyeurism, Jeffrey Ian Ross Ph.D.

Jeffrey Ian Ross Ph.D.

No abstract provided.

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Comparing The Recruitment Of Ethnic And Racial Minorities In Police Departments In England And Wales With The Usa, Jeffrey Ian Ross Ph.D., Mike Rowe Ph.D. Dec 2014

Comparing The Recruitment Of Ethnic And Racial Minorities In Police Departments In England And Wales With The Usa, Jeffrey Ian Ross Ph.D., Mike Rowe Ph.D.

Jeffrey Ian Ross Ph.D.

No abstract provided.

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Breaking Out Of Prison And Into Print? Rationales And Strategies To Assist Educated Convicts Conduct Scholarly Research And Writing Behind Bars, Jeffrey Ian Ross Ph.D., Miguel Zaldivar, Richard Tewksbury Dec 2014

Breaking Out Of Prison And Into Print? Rationales And Strategies To Assist Educated Convicts Conduct Scholarly Research And Writing Behind Bars, Jeffrey Ian Ross Ph.D., Miguel Zaldivar, Richard Tewksbury

Jeffrey Ian Ross Ph.D.

Some educated convicts want to conduct scholarly research and have the results of their work appear in academic publications. This provides numerous benefits and challenges to the researcher/writer and the academic world. This article outlines these issues in order to assist convicts, scholars, journal editors, and correctional service personnel understand the opportunities and limitations to scholarly research by convicts behind bars. The authors argue that the best strategy to use for inmates in this situation is a team research approach. The discussion provides definitions and examples of the challenges, opportunities, and means of overcoming these obstacles.

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Learning From Our Mistakes: Using Immigration Enforcement Errors To Guide Reform, Amanda Frost Dec 2014

Learning From Our Mistakes: Using Immigration Enforcement Errors To Guide Reform, Amanda Frost

Amanda Frost

Immigration scholars and advocates frequently criticize our immigration system for imposing severe penalties akin to (or worse than) those in the criminal justice system — such as prolonged detention and permanent exile from the United States — without providing sufficient procedural protections to minimize enforcement errors. Yet there has been relatively little scholarship examining the frequency of errors in immigration enforcement and identifying recurring causes of those errors, in part because the data is hard to find. This Article begins by canvassing some of the publicly available data on enforcement errors, which reveal that such mistakes occur too frequently to …

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Our Taz, Ira P. Robbins Dec 2014

Our Taz, Ira P. Robbins

Ira P. Robbins

In memory of Professor Andrew Taslitz

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Expunging America's Rap Sheet In The Information Age, Jenny Roberts Dec 2014

Expunging America's Rap Sheet In The Information Age, Jenny Roberts

Jenny Roberts

"Getting a Second Chance After a Criminal Record.", "Want to Expunge Your Record?', "South Carolina Debating If It Should be Easier to Expunge a Brush with the Law." "Making a Fresh Start in Little Village." These are only some of the headlines of newspaper articles and television segments that came up in a Google Alert for "expungement" during one typical week in late 2014. The same week, in Cincinnati, Ohio, city council members backed expungement of low-level marijuana convictions. Expungement news that week was not limited to the United States. In Jamaica, the legislature passed a bill that allows expungement …

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Corporal Punishment In Ireland And The European Committee On Social Rights, Mel Cousins Dec 2014

Corporal Punishment In Ireland And The European Committee On Social Rights, Mel Cousins

Mel Cousins

This note examines the recent decision of the European Committee on Social Rights (ECSR) which found that that Irish law was in breach of Art. 17 of the European Social Charter as it does not prohibit and penalise all forms of violence against children within the family, in certain types of care or certain types of pre-school settings. While the Committee’s decision received considerable media attention in Ireland, the European Social Charter (ESC) is not, of course, binding in Irish law and the legal implications of the decision appear rather limited.

Note that s. 28 of the Children First Act, …

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Queer Precarity And The Myth Of Gay Affluence, Margot Weiss, Amber Hollibaugh Dec 2014

Queer Precarity And The Myth Of Gay Affluence, Margot Weiss, Amber Hollibaugh

Margot Weiss

This essay begins to explore and articulate the concept of queer precarity. Queer precarity emphasizes the particular vulnerabilities of LGBT, queer, and GNC (gender non-conforming) people to the current economic transformations. Contrary to the myth of gay affluence, research from at least the mid-1990s shows that queer and gender non-conforming people are more vulnerable to poverty than their straight and cisgendered male or female counterparts. Yet this myth is sustained by the mainstream LGBT movement and too often shared by the progressive and activist labor movement. It is a particularly destructive myth for labor organizers because LGBT/Q people make up …

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Developmental Victimology: Estimating Group Victimization Trajectories In The Age-Victimization Curve, Whitney Decamp, Heather Zaykowski Dec 2014

Developmental Victimology: Estimating Group Victimization Trajectories In The Age-Victimization Curve, Whitney Decamp, Heather Zaykowski

Whitney DeCamp

Although research on the age-crime curve has made significant advances in the past few decades, our understanding of victimization has not benefited to the same degree. The present study examines the age-victim curve to explore victimization trajectories, which increases our understanding of risks over time through different life pathways. Using data from the Offending, Crime and Justice Survey, a national longitudinal survey in England and Wales, trajectory modeling is used to estimate different violent victimization trajectories for people aged 10 to 29 over four years of data. Analyses indicate the presence of four distinct victimization trajectories, including: rarely victimized, young …

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From Bullied To Deviant: The Victim-Offender Overlap Among Bullying Victims, Whitney Decamp, Brian Newby Dec 2014

From Bullied To Deviant: The Victim-Offender Overlap Among Bullying Victims, Whitney Decamp, Brian Newby

Whitney DeCamp

Though much research has explored bullies and bullying victims, little has been done to explore the long-term effects on those who have been bullied. Separately, a growing body of evidence suggests that there is a victim-offender overlap, in which many victims are or become offenders themselves. Taken together, this suggests that bullying victims may themselves be at elevated risk for involvement in deviance or crime. The present study uses data from the National Longitudinal Survey of Youth 1997 (NLSY97) to explore this issue, utilizing propensity score matching to control for the shared predictors of offending and victimization. Given that bullying …

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Why So Many Questions? Measurement Issues And The Attitudinal Self-Control Scale, Whitney Decamp Dec 2014

Why So Many Questions? Measurement Issues And The Attitudinal Self-Control Scale, Whitney Decamp

Whitney DeCamp

The Grasmick et al. scale is one of the most frequently used measures in criminology. Regardless of how common the scale is used, questions remain about its dimensionality and the nature of forming a composite measure from its 24 individual components. This study examines whether a composite measure is the most effective method for using the scale with a series of analyses using different approaches to combining - or not combining - these measures. Based on data from a sample of over 1,500 college students, the results indicate that a single-factor composite of the 24 items is the least effective …

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Impersonal Agencies Of Communication: Comparing The Effects Of Video Games And Other Risk Factors On Violence, Whitney Decamp Dec 2014

Impersonal Agencies Of Communication: Comparing The Effects Of Video Games And Other Risk Factors On Violence, Whitney Decamp

Whitney DeCamp

In the debated topic of violent video games and violent behavior, empirical evidence has been mixed. Some studies support the assertion that there is a causal or correlational link between gaming and violence, while others do not find such support. Recent advances have demonstrated that adequately controlling for background characteristics that might result in a selection bias decrease the effect sizes. However, it remains unclear how strong of an effect video game playing has in comparison to other risk factors. The present study uses data from over 6,000 eighth grade students to examine the effects of playing violent games. Using …

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The Role Of Non-Governmental Organizations In Advancing International Criminal Justice, Charles Jalloh Dec 2014

The Role Of Non-Governmental Organizations In Advancing International Criminal Justice, Charles Jalloh

Charles C. Jalloh

This article examines the role of non-governmental organizations (NGOs) in
advancing international criminal justice. I argue that NGOs have had considerable
impact by contributing, among other things, to the global struggle against impunity
through advocacy for the creation of more robust institutional mechanisms to prosecute
those who perpetrate such crimes. This ranges from supporting the processes
that led to the creation of several ad hoc international tribunals for Yugoslavia,
Rwanda and Sierra Leone, all the way through to their support for the establishment
of an independent permanent international penal court based in The Hague.
The crux of my claim is …

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Wildspace: The Cage, The Supermax, And The Zoo, Karen M. Morin Dec 2014

Wildspace: The Cage, The Supermax, And The Zoo, Karen M. Morin

Karen M. Morin

No abstract provided.

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