Digital Commons Network^™

Countermajoritarian Criminal Law, Michael L. Smith

Pace Law Review

Criminal law pervades American society, subjecting millions to criminal enforcement, prosecution, and punishment every year. All too often, culpability is a minimal or nonexistent aspect of this phenomenon. Criminal law prohibits a wide range of common behaviors and practices, especially when one considers the various federal, state, and municipal levels of law restricting people’s actions. Recent scholarship has criticized not only the scope and impact of these laws but has also critiqued these laws out to the extent that they fail to live up to supermajoritarian ideals that underlie criminal justice.

This Article adds to and amplifies this criticism by …

The Correlates Of Right-Wing Extremism, Michael Damian Tucker

Doctoral Dissertations and Projects

Research into the correlates of right-wing extremism has been focused on the group level, mainly ignoring the individual right-wing extremist behaviors, characteristics, and traits. Although group milieu strongly affects the ideology of individuals, personal decisions making often comes from a combination of unique experiences, cognitive abilities and biases, and differences in individual traits. This biographical study aimed to examine the life course events of twenty-five individual right-wing extremists identifying common biological and circumstantial correlates among and between the subjects. By analyzing the different correlates, this study created a matrix that identifies the correlates for significance. The results of the analysis …

Electing Law Enforcement Leadership: Examining The Effects Of Politics And Job-Related Qualifications On Personnel Assessment And Decisions For Sheriff, Kareem Panton, Kevin P. Nolan, Jess Rigos

Personnel Assessment and Decisions

Calls for police reform have become frequent in the United States. Efforts to enact meaningful organizational change will require support from senior law enforcement leadership. Personnel selection for several of these positions (e.g., Sheriff) occurs via local election. Little is known, however, about the factors that influence voters’ assessment of candidates for these positions and the extent to which decision-making for personnel selection via election is influenced by the same beliefs (e.g., person-job and person-organization fit) as more traditional approaches to hiring. This study explores the extent to which voters’ perceptions of two candidates for the position of Sheriff are …

Algorithmic Governance From The Bottom Up, Hannah Bloch-Wehba

Faculty Scholarship

Artificial intelligence and machine learning are both a blessing and a curse for governance. In theory, algorithmic governance makes government more efficient, more accurate, and more fair. But the emergence of automation in governance also rests on public-private collaborations that expand both public and private power, aggravate transparency and accountability gaps, and create significant obstacles for those seeking algorithmic justice. In response, a nascent body of law proposes technocratic policy changes to foster algorithmic accountability, ethics, and transparency.

This Article examines an alternative vision of algorithmic governance, one advanced primarily by social and labor movements instead of technocrats and firms. …

An Argument Against Unbounded Arrest Power: The Expressive Fourth Amendment And Protesting While Black, Karen Pita Loor

Faculty Scholarship

Protesting is supposed to be revered in our democracy, considered “as American as apple pie” in our nation’s mythology. But the actual experiences of the 2020 racial justice protesters showed that this supposed reverence for political dissent and protest is more akin to American folklore than reality on the streets. The images from those streets depicted police officers clad in riot gear and armed with shields, batons, and “less than” lethal weapons aggressively arresting protesters, often en masse. In the first week of the George Floyd protests, police arrested roughly 10,000 people, and approximately 78 percent of those arrests were …

Police Frisks, David S. Abrams, Hanming Fang, Priyanka Goonetilleke

All Faculty Scholarship

The standard economic model of police stops implies that the contraband hit rate should rise when the number of stops falls, ceteris paribus. We provide empirical corroboration of such optimizing models of police behavior by examining changes in stops and frisks around two extraordinary events of 2020 - the pandemic onset and the nationwide protests following the killing of George Floyd. We find that hit rates from pedestrian and vehicle stops generally rose as stops and frisks fell dramatically. Using detailed data, we are able to rule out a number of alternative explanations, including changes in street population, crime, police …

Shining A Light On Mental Health, Mark Christians, Jon W. Moeller, Leah Mouw, Melanie Wynja

Faculty Work Comprehensive List

"Each profession faces unique situations when it comes to serving those needing support with mental health, and it is important as Christians that we come together with a holistic approach."

Posting about care for individuals with mental health crises in the various professions from In All Things - an online journal for critical reflection on faith, culture, art, and every ordinary-yet-graced square inch of God’s creation.

https://inallthings.org/shining-a-light-on-mental-health/

Inter-Agency Collaborations Among Mental Health And Law Enforcement Professionals In San Bernardino County During Covid-19: A Qualitative Study, Sonya Mcisaac

Electronic Theses, Projects, and Dissertations

As first responders, law enforcement officers and mental health professionals are constantly sought after regarding the delivery of critical services to people in need. However, the COVID-19 pandemic brought almost everything to a halt. It is therefore important to understand how social services were delivered during the crisis. It has been assumed in the literature that interprofessional collaboration is an important service delivery framework. However, because COVID-19 is a relatively recent public health phenomenon, relevant studies on interprofessional collaboration between law enforcement officers and mental health professionals are scant, if not non-existent. This qualitative study addresses this gap by exploring …

Responding To Wounds Of The Soul: American Law Enforcement, Moral Injury And Religious Coping, Boston D. Ross

Doctoral Dissertations and Projects

The concepts of moral injury and religious coping are inherently entwined, based on the common reaction of many to turn to religion when faced with stressors. Specifically, Koch (2010) suggests religion is a common means by which individuals, including police officers, may try and cope with their occupational stress. In consideration of the current focus on police mental health and wellness, examining the literature related to moral injury, religious coping and American law enforcement officers serves as a viable first step in conducting further research. Furthermore, based on the extremely limited body of literature on the aforementioned subject(s) independently, and …

Police Education And Its Influence On Traffic Enforcement Performance, Shatavia Monique Kennedy

Masters Theses

In demanding occupations, the preference for formal education is presumptive when improving competency and workmanship. This study assesses the correlation between college education and traffic enforcement performance within a local police department in Aberdeen, North Carolina. In this study, performance strictly refers to issued traffic citations and traffic enforcement. The research consisted of a secondary analysis (public records) using qualitative data. Data were collected to determine which officers issued the most traffic citations from the highway patrol unit from January to June 2021. Second, qualitative data were collected via an interview with one of the department officers to obtain demographic …

Factors For Thriving In Law Enforcement, Kelly K. Wedley

Doctor of Education (Ed.D)

The purpose of this non-experimental and quantitative study was to evaluate the degree to which law enforcement officers perceive themselves as thriving. The sample for this study was convenient, non-probable, and purposive and comprised of 214 law enforcement officers from one large law enforcement agency in the State of Florida. The study’s researcher-constructed survey instrument was determined to be internally consistent and reliable. A one sample t-test was used to assess the statistical significance of study participant mean score response to perceptions of thriving and the results were statistically significant. The use of between-subjects analytic techniques was used to compare …

What Is Working To Reduce Violent Crime? Evidence-Based Solutions, Elizabeth Winchester, Timothy T. Reling, Kristina Little, Leanna Cupit, Melanie Fields, Judith F. Rhodes

Reports

The purpose of this review is to examine and evaluate current approaches to reducing violent crime. The review reports on supportive techniques, strategies, programs, and practices that are evidence-informed to combat criminal activity, delinquency, and community disorder. Ineffective techniques, strategies, and programs are also included. The review provides potential strategies and programs that require additional empirical research to show whether they work. This review includes the integration of education, employment, social services, and public health services into efforts to reduce crime and ease the burden on law enforcement and justice systems. Recommendations for reducing violent crime are included.

Policing, Masculinities, And Judicial Acknowledgment, Nicholas J. Prendergast

Vanderbilt Law Review

In the 1980s, the Supreme Court held that courts must consider the “totality of the circumstances” when deciding the reasonableness of a police officer’s conduct in an excessive force suit. To this day, the precise meaning of “reasonableness” remains elusive. For years, courts around the country have struggled to articulate what police conduct should and—equally as saliently— should not be considered during reasonableness determinations. Thus far, the Supreme Court has been unwilling to substantively clarify its reasonableness doctrine. This lack of clarity has led to an untenable patchwork of differing legal frameworks throughout the United States.

This issue exists in …

Does Diversity Matter? Police Violence, Minority Representation, And Urban Policing, Maddy Mcvaugh

PPPA Paper Prize

This paper argues that, while increasing officer diversity may prove beneficial to some urban departments, for the majority, increased diversity within law enforcement does not substantially decrease the amount of violence towards racial minorities due to police culture and institutional practices. Specifically, I examine how structural policing methods target and excessively monitor Black and Hispanic communities, which leads to increased police encounters. Through police culture, these increased encounters then create further opportunities for acts of violence to be used against these minority communities. I begin by discussing several claims regarding the value of increased officer diversity. I then discuss why …

Girl Power: Criminal Justice Gender Discrimination In Ohio, Kentucky, And Indiana, Abigail M. Scola

Honors Theses

Women in the career field of criminal justice are severely underrepresented and face obstacles every day in the form of discrimination and sexual harassment. This work looks to investigate the frequency of perceived gender discrimination and harassment against women employed in the criminal justice system. This research was completed through a survey administered to those working for a department of the criminal justice system in the Ohio, Kentucky, and Indiana regions to gage the gender discrimination present. Local and state police departments, law offices, jails, prisons, and federal law enforcement agencies in ten counties in each of the three states …

Policing And Homelessness, Michael Ernest Bridges

Masters Theses

This research examines the barriers that exist between law enforcement and the homeless population of Lawrence, Kansas. Based on the criminalization of certain homeless practices and the treatment of homeless people by government officials, persons experiencing homelessness are less likely to report crimes to the proper authorities. Being the case, law enforcement methodology must change to a community-oriented policing style in order to create open lines of communication between law enforcers and this unique community. This study examined the homeless population's hesitancy to contact the police when they were in need of assistance and compared the results to both how …

Encounters Between The Elderly And Law Enforcement

Contemporary Southern Psychology

The elderly population is growing dramatically throughout the world. Out of this growth comes an increase in the number of encounters between the aged and law enforcement. These encounters occur because of a variety of factors including mental illnesses and addictions. Furthermore, older adults may be victims as evidenced in different forms of abuse such as physical, emotional, or financial abuse. Sadly, some documentation exists that older adults are committing more crimes. Multiple reasons have been postulated for these crimes including poverty, jealousy, and boredom. All of these different situations with the aged have created an increase in the number …

Investigating A Higher Purpose: Former New York State Trooper Equipping Students, Mark D. Weinstein

News Releases

In a broken world, to act justly and constantly do what is right is a challenging endeavor. For Steve Meacham, associate professor of criminal justice at Cedarville University, in spite of the ongoing challenge, he strives to live according to this biblical principle.

No-Knock Warrants: Unlawfully Legitimate, Isabel Pergande

Mahurin Honors College Capstone Experience/Thesis Projects

On March 13, 2020, Breonna Taylor was fatally shot when officers of the Louisville Metro Police Department (LMPD) executed a search warrant at her apartment. Breonna Taylor’s case brought national attention to no-knock warrants (NKWs), which allow police to enter private residences unannounced. It is estimated that 20,000-80,000 NKWs are executed by American police each year. This thesis explores the development of NKWs as a common, yet controversial, police tactic. The increase in NKWs is largely attributed to the federal government’s War on Drugs, beginning with Richard Nixon’s 1968 presidential campaign. However, the Supreme Court laid the foundation for NKWs …

Decision Making By Law Enforcement Supervisors Regarding Professional Courtesy And Discretion, Jennifer Marie Hollifield

Walden Dissertations and Doctoral Studies

AbstractRecent studies suggest a negative shift in the way the public views U.S. law enforcement officers (LEOs), including an increased lack of trust. Mistrust may be attributed to misuse of power, abuse of discretion, or the extension of professional courtesy by LEOs. While discretion, and the misuse of discretion has been studied by many scholars, decision making process related to professional courtesy has not been studied as a contributing factor. The problem addressed in this study is the negative environment of mistrust between law enforcement and the public that can make it difficult for an officer to do their job …

Cultural Responsiveness In Policing, Stacy Berry Workman

Walden Dissertations and Doctoral Studies

Over the last decade, headlines have highlighted police-citizen conflicts. With the continuing change in communities to an increasingly diverse population, communication and interactions between officers and citizens must progress towards fairness and transparency. The delivery of culturally competent public safety services facilitates more favorable client outcomes, more effective interpersonal communication, and increased service satisfaction from clients. Although this is heavily stressed in public safety agencies and can decrease the possibility of tort liability for failing to provide adequate services or appropriate treatment, the emphasis varies. The purpose of this phenomenological study was to explore the policies and influences of law …

Law Enforcement Recruitment, Why It Matters, And Key Management Decisions, Part One, Patrick Oliver

History and Government Faculty Publications

No abstract provided.

Distracted Walking, Michael L. Smith

Faculty Articles

Throughout the United States and across the world, cities are enacting bans on "distracted walking." These bans target cell phone users who cross the street while using a telephone. Doing so in certain cities may result in a fine, community service, or even jail. Drawing inspiration from municipalities, lawmakers in several states have proposed similar statewide legislation. Pushback against these measures is rare-as many people have either directly, or indirectly, experienced the slow and oblivious behavior of "smartphone zombies."

This Article surveys these laws and demonstrates that the science is, at best, mixed on whether device usage results in distraction …

Considering "Machine Testimony": The Impact Of Facial Recognition Software On Eyewitness Identifications, Valena Beety

Articles by Maurer Faculty

This Article uses a wrongful conviction lens to compare identifications by machines, notably facial recognition software, with identifications by humans. The Article advocates for greater reliability checks on both before use against a criminal defendant. The Article examines the cascading influence of facial recognition software on eyewitness identifications themselves and the related potential for greater errors. As a solution, the Article advocates the inclusion of eyewitness identification in the Organization of Scientific Area Committees' ("OSAC") review of facial recognition software for a more robust examination and consideration of software and its usage. The Article also encourages police departments to adopt …

From Negative To Positive Algorithm Rights, Cary Coglianese, Kat Hefter

All Faculty Scholarship

Artificial intelligence, or “AI,” is raising alarm bells. Advocates and scholars propose policies to constrain or even prohibit certain AI uses by governmental entities. These efforts to establish a negative right to be free from AI stem from an understandable motivation to protect the public from arbitrary, biased, or unjust applications of algorithms. This movement to enshrine protective rights follows a familiar pattern of suspicion that has accompanied the introduction of other technologies into governmental processes. Sometimes this initial suspicion of a new technology later transforms into widespread acceptance and even a demand for its use. In this paper, we …

To Cancel Or Not To Cancel: Debunking The Surging Cancel Culture Epidemic, Isabelle Mclaughlin

Honors Theses - Providence Campus

No abstract provided.

Criminalized Students, Reparations, And The Limits Of Prospective Reform, Amber Baylor

Faculty Scholarship

Recent reforms discourage schools from referring students to criminal law enforcement for typical disciplinary infractions. Though rightly celebrated, these reforms remain mere half-measures, as they emphasize prospective decriminalization of student conduct without grappling with the harm to generations of former students – disproportionately Black – who have been targeted by criminalizing policies of the past. Through the lens of reparations theory, this Article sets out the case for retroactive and reparations-based redress for the criminalization of students. Reparations models reposition moral norms. They acknowledge state harm, clarify the losses to criminalized students, allow for expansive forms of redress, and cast …