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Full-Text Articles in Law

Psychosocial Analysis Of An Ethnography At The Cuyahoga County Public Defenders Office, Ernest M. Oleksy Dec 2018

Psychosocial Analysis Of An Ethnography At The Cuyahoga County Public Defenders Office, Ernest M. Oleksy

The Downtown Review

Too often, social science majors become jaded with their field of study due to a misperception of the nature of many potential jobs which they are qualified for. Such discord is prevalent amongst undergraduates who strive for work in the criminal justice system. Hollywood misrepresentations become the archetypes of the aforementioned field, leaving out the necessity and ubiquity of accompanying desk work. Still other social science majors struggle to identify theoretical interpretations in praxis.


Falling Between The Cracks: Understanding Why States Fail In Protecting Our Children From Crime, Michal Gilad Nov 2018

Falling Between The Cracks: Understanding Why States Fail In Protecting Our Children From Crime, Michal Gilad

Faculty Scholarship at Penn Law

The article is the first to take an inclusive look at the monumental problem of crime exposure during childhood, which is estimated to be one of the most damaging and costly public health and public safety problem in our society today. It takes-on the challenging task of ‘naming’ the problem by coining the term Comprehensive Childhood Crime Impact or in short the Triple-C Impact. Informed by scientific findings, the term embodies the full effect of direct and indirect crime exposure on children due to their unique developmental characteristics, and the spillover effect the problem has on our society as a ...


Demanding Accountability In Domestic Violence Courts, Johnna Pike Nov 2018

Demanding Accountability In Domestic Violence Courts, Johnna Pike

Violence Against Women conference

This presentation explores whether specialized domestic violence courts are achieving their stated objective of abuser accountability. Domestic violence emerged from the private realm of family life into the public consciousness during the 1970s. Since then, there has been a largely successful movement to reframe domestic violence as a “real” social problem necessitating meaningful criminal justice intervention. Within the criminal justice system, victim and feminist groups have mostly prevailed in controlling the discourse around domestic violence as a gender-based offense. As a result, a criminal court model aimed at empowering victims and at holding abusers accountable has emerged. However, the efficacy ...


A General Mitigation For Disturbance-Driven Crimes?: Psychic State, Personal Choice, And Normative Inquiries, Paul H. Robinson Oct 2018

A General Mitigation For Disturbance-Driven Crimes?: Psychic State, Personal Choice, And Normative Inquiries, Paul H. Robinson

Faculty Scholarship at Penn Law

It is argued here that the narrow provoked “heat of passion” mitigation available under current law ought to be significantly expanded to include not just murder but all felonies and not just “heat of passion” but potentially all mental or emotional disturbances, whenever the offender’s situation and capacities meaningfully reduce the offender’s blameworthiness for the violation. In determining eligibility for mitigation, the jury should take into account (a) the extent to which the offender was acting under the influence of mental or emotional disturbance (the psychic state inquiry), (b) given the offender’s situation and capacities, the extent ...


A Bit Like Cash: Understanding Cash-For-Bitcoin Transactions Through Individual Vendors, Stephanie J. Robberson, Mark R. Mccoy Oct 2018

A Bit Like Cash: Understanding Cash-For-Bitcoin Transactions Through Individual Vendors, Stephanie J. Robberson, Mark R. Mccoy

Journal of Digital Forensics, Security and Law

As technology improves and economies become more globalized, the concept of currency has evolved. Bitcoin, a cryptographic digital currency, has been embraced as a secure and convenient type of money. Due to its security and privacy for the user, Bitcoin is a good tool for conducting criminal trades. The Financial Crimes Enforcement Network (FinCEN) has regulations in place to make identification information of Bitcoin purchasers accessible to law enforcement, but enforcing these rules with cash-for-Bitcoin traders is difficult. This study surveyed cash-for-Bitcoin vendors in Oklahoma, Texas, Arkansas, Missouri, Kansas, Colorado, and New Mexico to determine personal demographic information, knowledge of ...


Nineteen Minutes Of Horror: Insights From The Scorpions Execution Video, Iva Vukušić Oct 2018

Nineteen Minutes Of Horror: Insights From The Scorpions Execution Video, Iva Vukušić

Genocide Studies and Prevention: An International Journal

After the fall of Srebrenica in summer of 1995, the Scorpions unit, dispatched to support the Bosnian Serb Army as it took over the enclave, shot six men in Trnovo. The men, three of whom were underage, were some of thousands of Bosnian Muslims that fell into the hands of Bosnian Serb troops, and that were executed in the days and weeks following July 11th. A member of the unit filmed the execution. Fragments of the video were first shown during the Slobodan Milosevic trial, and multiple times in the years after, in the courtrooms in The Hague and Belgrade ...


Effects Of Senate Bill 4 On Wage-Theft: Why All Workers Are At Risk In Low-Income Occupations, Daniella Salas-Chacon Aug 2018

Effects Of Senate Bill 4 On Wage-Theft: Why All Workers Are At Risk In Low-Income Occupations, Daniella Salas-Chacon

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming


Undocumented Crime Victims: Unheard, Unnumbered, And Unprotected, Pauline Portillo Aug 2018

Undocumented Crime Victims: Unheard, Unnumbered, And Unprotected, Pauline Portillo

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming


Islamic Terrorism In The United States – The Association Of Religious Fundamentalism With Social Isolation & Paths Leading To Extreme Violence Through Processes Of Radicalization., Shay Shiran Jun 2018

Islamic Terrorism In The United States – The Association Of Religious Fundamentalism With Social Isolation & Paths Leading To Extreme Violence Through Processes Of Radicalization., Shay Shiran

Student Theses

This exploratory study focuses on identifying motivations for religious terrorism and Islamic terrorism in the United States in particular. Terrorism is a crime of extreme violence with the end purpose of political influence. This crime is challenging to encounter for its multi-faced characteristics, the unusual motivations of its actors, and their semi-militant conduct. The hypothesis of this study asserts that religious terrorists are radicalized by passing from fundamental to extreme devout agendas, caused by isolation from the dominant society, and resulted in high potential to impose those agendas by extreme violence. Under the theoretical framework of subculture in criminology, this ...


Mass Incarceration: Slavery Renamed, Samantha Pereira May 2018

Mass Incarceration: Slavery Renamed, Samantha Pereira

Themis: Research Journal of Justice Studies and Forensic Science

This paper aims to analyze the connections between slavery and mass incarceration. It begins by giving background information regarding the topic and setting the framework to argue that slavery was never abolished, but was instead continued using mass incarceration. The paper then goes on to further explain this concept by examining the constitutional and judicial laws in the United States, slave plantations and prisons, with regard to geographical, architectural, and operational design, and finally, the role of society in both systems. The framework for continuing slavery was set with the passing of the 13th Amendment and has since been expanded ...


Life Course Outcomes For Juveniles: Contact With The Criminal Justice System As A Turning Point, Dominique Tauffner Apr 2018

Life Course Outcomes For Juveniles: Contact With The Criminal Justice System As A Turning Point, Dominique Tauffner

Honors Projects

This research investigated the life course outcomes of respondents who have been arrested during adolescence. Although the creation of the juvenile justice system is relatively recent, only existing for 119 years, there is a need for data on the impact this system has on society. The pre-existing knowledge and literature on juvenile delinquency and the criminal justice system often fails to capture longitudinal data. Most scholars on this issue will discuss the immediate effects of things like incarceration and placement or what influences delinquency, ignoring the long-term consequences or life outcomes of those that have been arrested prior to 18 ...


The Predictors Of Juvenile Recidivism: Testimonies Of Adult Students 18 Years And Older Exiting From Alternative Education, La Toshia Palmer Apr 2018

The Predictors Of Juvenile Recidivism: Testimonies Of Adult Students 18 Years And Older Exiting From Alternative Education, La Toshia Palmer

Dissertations

Purpose: The purpose of this descriptive, qualitative study was to identify and describe the importance of the predictors of juvenile recidivism and the effectiveness of efforts to prevent/avoid juvenile recidivism as perceived by previously detained, arrested, convicted, and/or incarcerated adult students 18 years of age and older exiting from alternative education in Northern California. A second purpose was to explore the types of support provided by alternative schools and the perceived importance of the support to avoid recidivism according to adult students 18 years of age and older exiting from alternative education.

Methodology: This qualitative, descriptive research design ...


Sadomasochism: Descent Into Darkness, Annotated Accounts Of Cases, 1996-2014, Robert Peters Mar 2018

Sadomasochism: Descent Into Darkness, Annotated Accounts Of Cases, 1996-2014, Robert Peters

Dignity: A Journal on Sexual Exploitation and Violence

A collection of accounts of sadomasochistic sexual abuse from news reports and scholarly and professional sources about the dark underbelly of sadomasochism and the pornography that contributes to it. It focuses on crimes and other harmful sexual behavior related to the pursuit of sadistic sexual pleasure in North America and the U.K. It is intended to be a resource to educate people about how sadomasochism can lead to harmful and even deadly sadistic sexual behavior.


Correctional Officers, Step Off The Treadmill Of Power: The Lack Of Moral Authority In U.S. Correctional Officers, Kavida Naidu Jan 2018

Correctional Officers, Step Off The Treadmill Of Power: The Lack Of Moral Authority In U.S. Correctional Officers, Kavida Naidu

Power, Voice, Mandate: Moral Authority in the Contemporary Age

The abuse of authority and power is commonly encountered in different institutions. Similarly, prisons are not immune to the overuse of authority and power. Correctional officers exercise their authority on inmates in ways that result in a prison culture, which is filled with violence and dehumanization. Correctional officers often consider inmates as morally inferior beings, who deserve to be punished beyond sentence, for the crimes that they have committed are inexcusable. However, the abrasive environment of prisons places correctional officers in a situation where they eventually adopt the prison identity and find themselves trapped in this brutish incarcerated culture. This ...


Models As Weapons: Review Of Weapons Of Math Destruction: How Big Data Increases Inequality And Threatens Democracy By Cathy O’Neil (2016), Samuel L. Tunstall Jan 2018

Models As Weapons: Review Of Weapons Of Math Destruction: How Big Data Increases Inequality And Threatens Democracy By Cathy O’Neil (2016), Samuel L. Tunstall

Numeracy

Cathy O’Neil. 2016. Weapons of Math Destruction: How Big Data Increases Inequality and Threatens Democracy (New York, NY: Crown) 272 pp. ISBN 978-0553418811.

Accessible to a wide readership, Cathy O’Neil’s Weapons of Math Destruction: How Big Data Increases Inequality and Threatens Democracy provides a lucid yet alarming account of the extensive reach of mathematical models in influencing all of our lives. With a particular eye towards social justice, O’Neil not only warns modelers to be cognizant of the effects of their work on real people—especially vulnerable groups who have less power to fight back—but ...


Contact Is A Stronger Predictor Of Attitudes Toward Police Than Race: A State-Of-The-Art Review, Amy Alberton, Kevin M. Gorey Jan 2018

Contact Is A Stronger Predictor Of Attitudes Toward Police Than Race: A State-Of-The-Art Review, Amy Alberton, Kevin M. Gorey

Social Work Publications

Purpose – This scoping review thoroughly scanned research on race, contacts with police and attitudes toward police. An exploratory meta-analysis then assessed the strength of their associations and interaction in Canada and the USA. Key knowledge gaps and specific future research needs, synthetic and primary, were identified. The paper aims to discuss these issues.

Design/methodology/approach – A germinal methodological framework for conducting scoping reviews was used (Arksey and O’Malley, 2005). The authors searched for published or unpublished research over the past 15 years and retrieved 33 eligible surveys, 19 of which were included in a sample-weighted meta-analysis.

Findings – The ...


Biosocial Criminology Versus The Constitution, Karen E. Balter Jan 2018

Biosocial Criminology Versus The Constitution, Karen E. Balter

All Regis University Theses

The continually emerging field of biosocial criminology provides a basis for productively merging biology with sociological reasonings for criminal behavior. Mainstream research in criminology focuses on environmental factors as the sole reason individuals exhibit antisocial behavior patterns and may ultimately commit crimes. Criminological research has travelled in this direction for decades. The current climate within this community subscribes heavily to the notion that biology has very little to do with why people behave the way they do, and if it did, government control would be the norm. The nature of biocriminology opens a door through which constitutional issues may enter ...


Gun Violence: Chicago, Illinois, Kayla Dillon Jan 2018

Gun Violence: Chicago, Illinois, Kayla Dillon

Global Issues in Public Health

Gun violence has been, and continues to be, a significant problem in Chicago, Illinois. There have been several programs in place that have worked towards improving the level of gun violence. One of the most noticeable being Project Safe Neighborhood, which began in 2001. Part of what makes these programs, and programs similar to it, necessary is that it targets the populations most at-risk of gun violence. By targeting these specific regions of the city, these programs can provide the resources necessary to improve the condition of the city in the long-term, as well as prevent the condition from spreading ...


Living In Fear: A Labeling Theory Perspective On Undocumented Latinx Workers, Jonathan Delgado Jan 2018

Living In Fear: A Labeling Theory Perspective On Undocumented Latinx Workers, Jonathan Delgado

Undergraduate Honors Theses

The U.S. Latinx (Latin American) undocumented labor force has faced significant and increasing hostility and challenges in recent years. These include harmful labels about their work and personal ethics that lead to inaccurate and racist portrayals. Despite the substantial news and political coverage of this topic in the U.S., there is surprisingly little research on these workers. Guided by Labeling Theory, this thesis is based on in-depth, qualitative interviews with 24 Latinx immigrant workers in Aurora and Denver, Colorado area, who arrived undocumented or overstayed their visas (and became undocumented). The findings include descriptions of the legal and ...


Biological Research On Behavior As Extra-Legal And Discretionary Factors In Sentencing And Punishment, Colleen Margaret Berryessa Jan 2018

Biological Research On Behavior As Extra-Legal And Discretionary Factors In Sentencing And Punishment, Colleen Margaret Berryessa

Publicly Accessible Penn Dissertations

In recent years, there has been an increase in empirical literature regarding how and why neuroscience and genetics research on behavior may influence criminal punishment. This dissertation aims to add to this growing body of literature specifically on types of evidence and aspects of sentencing and punishment that have not yet been studied. This dissertation consists of three papers that examine how the presentation of biological evidence in court or knowledge of the biological influences to behavior may act as extra-legal and discretionary factors in sentencing. The first paper, utilizing a multi-factorial experiment with the death-qualified jury-eligible public, examines how ...


Cultural Consultations In Criminal Forensic Psychology: A Thematic Analysis Of The Literature, Alesya Radosteva Jan 2018

Cultural Consultations In Criminal Forensic Psychology: A Thematic Analysis Of The Literature, Alesya Radosteva

Dissertations & Theses

The importance of culture as a reference point in clinical practices such as forensic psychology has been considerably valued yet poorly understood, especially in an age where precision and sophistication outlast cultural authenticity and patient-clinician relationship. This paper looks at the gaps and inconsistencies that exist in current forensic psychology research. The topic is introduced by delving into the understanding of the phenomenon of culture and its influences on our everyday conditioning. Aspects such as language, biological development, traditions, rituals, and narratives are emphasized as potent tools that drive individuals to create and mold culture according to needs and requirements ...


The Lived Experiences Of African-American Male Exoffenders In The Northeast United States, Jacqueline Grant Jan 2018

The Lived Experiences Of African-American Male Exoffenders In The Northeast United States, Jacqueline Grant

Walden Dissertations and Doctoral Studies

Discrimination, racism, and class bias affects the accessibility of resources available to African American males who are exoffenders. The purpose of this phenomenological study was to explore the lived experiences of African American, male exoffenders' ability to access resources postincarceration. Guided by Bell and Freeman's critical race theory, a purposeful sample of 6 African American, male exoffenders were recruited from 2 reentry programs in the Northeast United States. A semistructured interview approach was employed to examine the life history, details of experience, and reflection on the meaning of the lived experience from the participants. The modified Stevick, Colaizzi, and ...


Relationship Between Victims Of Urban Violence And Post-Traumatic Stress Disorder, Jashon Anthony Banks Sr. Jan 2018

Relationship Between Victims Of Urban Violence And Post-Traumatic Stress Disorder, Jashon Anthony Banks Sr.

Walden Dissertations and Doctoral Studies

Urban violence has become common in lower-income communities that have high rates of shootings and African-American victims. Urban violence causes victims and their family and friends to experience trauma and puts them at risk for post-traumatic stress disorder (PTSD) injuries. However, there is a gap in knowledge in the framework of urban communities and their range of needs to address PTSD. The purpose of this quantitative study was to examine whether a relationship exists between reinforcement of needs, membership, influence, shared emotional connection, and post-traumatic stress symptomology (PTSS) of urban violence victims in a large metropolitan city. Albert Bandura's ...


Book Review: The Pimping Of Prostitution: Abolishing The Sex Work Myth By Julie Bindel, Roger Matthews Jan 2018

Book Review: The Pimping Of Prostitution: Abolishing The Sex Work Myth By Julie Bindel, Roger Matthews

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


The Confluence Of Language And Learning Disorders And The School-To-Prison Pipeline Among Minority Students Of Color: A Critical Race Theory, Shameka N. Johnson, Bahiyyah Muhammad Jan 2018

The Confluence Of Language And Learning Disorders And The School-To-Prison Pipeline Among Minority Students Of Color: A Critical Race Theory, Shameka N. Johnson, Bahiyyah Muhammad

American University Journal of Gender, Social Policy & the Law

No abstract provided.


A Brief Summary And Critique Of Criminal Liability Rules For Intoxicated Conduct, Paul H. Robinson Jan 2018

A Brief Summary And Critique Of Criminal Liability Rules For Intoxicated Conduct, Paul H. Robinson

Faculty Scholarship at Penn Law

This essay provides an overview of the legal issues relating to intoxication, including the effect of voluntary intoxication in imputing to an offender a required offense culpable state of mind that he may not actually have had at the time of the offense; the effect of involuntary intoxication in providing a defense by negating a required offense culpability element or by satisfying the conditions of a general excuse; the legal effect of alcoholism or addiction in rendering intoxication involuntary; and the limitation on using alcoholism or addiction in this way if the offender can be judged to be reasonably responsible ...


Postmodern Social Control: Dividuals And Surveillance, Ernest M. Oleksy Dec 2017

Postmodern Social Control: Dividuals And Surveillance, Ernest M. Oleksy

The Downtown Review

As a society's foundational philosophy changes, so, too, will its forms of social control. By using the works of thinkers like Deleuze and Foucault as pivot points, the dynamic nature of social interactions and the agents to mediate those actions shall be investigated. This article includes findings from archival analysis written in a journalistic prose for simplicity of consumption.


The Scale Of Imprisonment In The United States: Twentieth Century Patterns And Twenty-First Century Prospects, Franklin E. Zimring Oct 2017

The Scale Of Imprisonment In The United States: Twentieth Century Patterns And Twenty-First Century Prospects, Franklin E. Zimring

Franklin E. Zimring

No abstract provided.


Kids, Groups And Crime: Some Implications Of A Well-Known Secret, Franklin E. Zimring Oct 2017

Kids, Groups And Crime: Some Implications Of A Well-Known Secret, Franklin E. Zimring

Franklin E. Zimring

No abstract provided.


Declining Homicide In New York City: A Tale Of Two Trends, Jeffrey Fagan, Franklin E. Zimring, June Kim Oct 2017

Declining Homicide In New York City: A Tale Of Two Trends, Jeffrey Fagan, Franklin E. Zimring, June Kim

Franklin E. Zimring

Part of a special issue on why crime is decreasing. The writers discuss the extent and causes of the decline in life threatening violence in New York City over a five-year period. In its relative and absolute magnitude, the falls in homicide in New York after 1992 were by far the biggest in the city's postwar history. The patterns for homicide during the decline differ in terms of location, weapon, and demography. The patterns show that there are two separate trends in nongun and gun homicides. The decline in gun homicides could probably be attributed to police intervention, but ...