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Full-Text Articles in Law

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 ...


Prosecuting Buyers In Human Trafficking Cases: An Analysis Of The Implications Of United States V. Jungers And United States V. Bonestroo, Andrea J. Nichols, Erin Heil Sep 2017

Prosecuting Buyers In Human Trafficking Cases: An Analysis Of The Implications Of United States V. Jungers And United States V. Bonestroo, Andrea J. Nichols, Erin Heil

Dignity: A Journal on Sexual Exploitation and Violence

This article provides a review and analysis of United States v. Jungers and United States v. Bonestroo, important court cases providing precedent for charging buyers of sex as traffickers in cases involving minors. The decisions in these court cases, and in subsequent cases, further solidify the presence of end-demand efforts in the form of prosecution. Yet, the decisions in these cases raise additional questions about their implications for state-level prosecution, the prosecution of buyers in cases involving adults who experience sex trafficking, and the buyers of trafficked labor. Drawing from an analysis of relevant cases, this article analyzes the impact ...


Restorative Justice: A Look At Victim Offender Mediation Programs, Katie L. Moran Aug 2017

Restorative Justice: A Look At Victim Offender Mediation Programs, Katie L. Moran

21st Century Social Justice

This report conceptualizes the effectiveness and benefits of utilizing the restorative justice model of Victim Offender Mediation (VOM) within the criminal and juvenile justice systems to serve the rights of victims, offenders, and society more justly. Victim Offender Mediation is discussed as a possible alternative justice model which reframes the victim-offender relationship to foster and respect the dignity and worth of each participant. This restorative justice model combats victims’ feelings of helplessness by giving them back their voice, while having the potential to specifically offer relief to those secondarily victimized by the legal system in cases of simple rape. Offenders ...


Tragedy, Outrage & Reform: Crimes That Changed Our World: 1983 – Thurman Beating - Domestic Violence, Paul H. Robinson, Sarah M. Robinson Aug 2017

Tragedy, Outrage & Reform: Crimes That Changed Our World: 1983 – Thurman Beating - Domestic Violence, Paul H. Robinson, Sarah M. Robinson

Faculty Scholarship

Can a crime make our world better? Crimes are the worst of humanity’s wrongs but, oddly, they sometimes do more than anything else to improve our lives. As it turns out, it is often the outrageousness itself that does the work. Ordinary crimes are accepted as the background noise of our everyday existence but some crimes make people stop and take notice – because they are so outrageous, or so curious, or so heart-wrenching. These “trigger crimes” are the cases that this book is about.

They offer some incredible stories about how people, good and bad, change the world around ...


The Triple-C Impact: Responding To Childhood Exposure To Crime And Violence, Michal Gilad Aug 2017

The Triple-C Impact: Responding To Childhood Exposure To Crime And Violence, Michal Gilad

Faculty Scholarship

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 ...


The Effects Of Employment On Recidivism Among Delinquent Juveniles, Leigh Kassem Aug 2017

The Effects Of Employment On Recidivism Among Delinquent Juveniles, Leigh Kassem

Electronic Theses and Dissertations

Current research indicates an association between intense adolescent work (twenty hours or more per week) and delinquent behavior. It has been widely speculated that this relationship is spurious, occurring only as a result of other factors which are common to both offending and intense employment. The current study attempts to fill a gap in the literature by utilizing the Pathways to Desistance dataset to examine the evolution of the relationship between work and self-reported offending in a longitudinal sample of juvenile offenders. Work intensity and consistency, social capital, and expectations for success were analyzed as potential predictors of recidivism or ...


A Cross-Sectional Exploration Of Household Financial Reactions And Homebuyer Awareness Of Registered Sex Offenders In A Rural, Suburban, And Urban County., John Charles Navarro Aug 2017

A Cross-Sectional Exploration Of Household Financial Reactions And Homebuyer Awareness Of Registered Sex Offenders In A Rural, Suburban, And Urban County., John Charles Navarro

Electronic Theses and Dissertations

As stigmatized persons, registered sex offenders betoken instability in communities. Depressed home sale values are associated with the presence of registered sex offenders even though the public is largely unaware of the presence of registered sex offenders. Using a spatial multilevel approach, the current study examines the role registered sex offenders influence sale values of homes sold in 2015 for three U.S. counties (rural, suburban, and urban) located in Illinois and Kentucky within the social disorganization framework. Homebuyers were surveyed to examine whether awareness of local registered sex offenders and the homebuyer’s community type operate as moderators between ...


Report Of The Delaware Criminal Law Recodification Project, Paul H. Robinson, Matthew Kussmaul, Ilya Rudyak, Criminal Law Research Group Jul 2017

Report Of The Delaware Criminal Law Recodification Project, Paul H. Robinson, Matthew Kussmaul, Ilya Rudyak, Criminal Law Research Group

Faculty Scholarship

In 1973, during the “first wave” of American criminal law recodification efforts following the publication of the Model Penal Code, Delaware adopted a new criminal code. While it represented a dramatic improvement over the law it replaced, its initial clarity and utility were greatly diminished by subsequent piecemeal legislation. Delaware’s current criminal code is lengthy, inconsistent, and replete with duplicative and outdated offenses that impose disproportional punishments. This process of criminal code deterioration is not unique to Delaware and plagues other U.S. jurisdictions. In 2015, however, stakeholders in Delaware’s criminal justice system initiated a code revision process ...


Introduction To Dignity Special Issue: Freedom From Sexploitation, Lisa L. Thompson, Donna M. Hughes Jul 2017

Introduction To Dignity Special Issue: Freedom From Sexploitation, Lisa L. Thompson, Donna M. Hughes

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


The Freedom From Sexploitation Agenda: Policy And Legislative Recommendations To Curb Sexual Exploitation, Dawn Hawkins Jul 2017

The Freedom From Sexploitation Agenda: Policy And Legislative Recommendations To Curb Sexual Exploitation, Dawn Hawkins

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


It Can't Wait: Exposing The Connections Between Forms Of Sexual Exploitation, Dawn Hawkins Jul 2017

It Can't Wait: Exposing The Connections Between Forms Of Sexual Exploitation, Dawn Hawkins

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


Today's Porn: Not A Constitutional Right; Not A Human Right, Patrick Trueman Jul 2017

Today's Porn: Not A Constitutional Right; Not A Human Right, Patrick Trueman

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


Inextricably Bound: Strip Clubs, Prostitution, And Sex Trafficking, Dan O'Bryant Jul 2017

Inextricably Bound: Strip Clubs, Prostitution, And Sex Trafficking, Dan O'Bryant

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


Why We Must Oppose The Full Decriminalization Of Prostitution, Taina Bien-Aime Jul 2017

Why We Must Oppose The Full Decriminalization Of Prostitution, Taina Bien-Aime

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


A Post Mortem Of The Eichmann Case--The Lessons For International Law, Nicholas N. Kittrie Jun 2017

A Post Mortem Of The Eichmann Case--The Lessons For International Law, Nicholas N. Kittrie

Nicholas Kittrie

No abstract provided.


Fraud And Corruption Against The Government: A Proposed Statute To Establish A Taxpayer Remedy, Erwin Chemerinsky Jun 2017

Fraud And Corruption Against The Government: A Proposed Statute To Establish A Taxpayer Remedy, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


End Of Life Care For The Incarcerated, Codie Robinson May 2017

End Of Life Care For The Incarcerated, Codie Robinson

Dialogue & Nexus

As the prison population ages, a new need has come to light – caring for those who are in the final stage of life. This paper will examine the current end of life services provided to those in prison throughout the United States. After a general awareness of the system is presented, a more complete discussion of end of life care for prisoners will be considered, in light of ethics, social justice, and the Christian perspective. The two care options presented, hospice care and compassionate release, are observed through these lenses. In order to make a decision on how to care ...


Solitary Confinement: Social Death And Its Afterlives, Jen Rushforth May 2017

Solitary Confinement: Social Death And Its Afterlives, Jen Rushforth

Themis: Research Journal of Justice Studies and Forensic Science

No abstract provided.


Public Perceptions Regarding The Police Bureau And Crime In Portland, Oregon, Brian Renauer, Kimberly Barsamian Kahn, Kris R. Henning, Greg Stewart May 2017

Public Perceptions Regarding The Police Bureau And Crime In Portland, Oregon, Brian Renauer, Kimberly Barsamian Kahn, Kris R. Henning, Greg Stewart

Kris R. Henning

On September 12, 2012 the United States Department of Justice (DOJ) filed a complaint in the Federal District Court for Oregon asserting that the City of Portland has engaged in a pattern and practice of unnecessary or excessive force against persons experiencing a mental health crisis. This survey is the result of a settlement agreement between Portland’s City Council and the DOJ which specified the Portland Police Bureau (PPB) develop a means of assessing public perceptions.

This report examines public perceptions of PPB across four content areas that are highlighted in the DOJ settlement agreement. Data for the report ...


Moral Time And Homicide Investigations., David Stuart Lapsey Jr. May 2017

Moral Time And Homicide Investigations., David Stuart Lapsey Jr.

Electronic Theses and Dissertations

Previous literature explores the many dimensions of homicide investigations, including case and individual characteristics, evidence and investigative activities. However, little research delves into situational characteristics and their relationship to specific homicides, charge severity sought by prosecutors and sentence length given to homicide offenders. The current study sampled homicide cases (N=68) to gather baseline information and data regarding judicial outcomes. Donald Black’s Theory of Moral Time (2011) is tested and utilized as the study’s conceptual framework for the study’s hypotheses.


Swaying The Jury: The Effect Of Expert Witness Testimony On Jury Verdicts In Rape Trials, Christina E. Ball Apr 2017

Swaying The Jury: The Effect Of Expert Witness Testimony On Jury Verdicts In Rape Trials, Christina E. Ball

Senior Capstone Theses

With the reliance on rape myths to form opinions towards rape victims, the use of expert witnesses is of increased importance. Rape myths may give jurors misinformed notions about why, how, or to whom rape happens. This indicates a need for educational expert testimony in rape jury trials. It is proposed the use of this testimony will help dispel these myths and social biases towards victims of rape. This paper explores the need for expert witness testimony and the relationship between expert witness and jury. It discusses what type of testimony may be presented and who qualifies as an expert ...


Putting An End To The Silence: Educating Society About The Canadian Residential School System, Jamie Lee Kuhl Apr 2017

Putting An End To The Silence: Educating Society About The Canadian Residential School System, Jamie Lee Kuhl

Bridges: An Undergraduate Journal of Contemporary Connections

This paper advocates for the increased education of Canadian society regarding the Indian Residential School System. Many Canadian’s tend to be uninformed on the history of the schools and as a result risk subjecting Aboriginal peoples to further harm. The contents of this paper demonstrates by informing all Canadian citizens of the truth regarding the assimilative schools and their enduring legacy on Aboriginal peoples, several benefits can occur. Specifically, through revealing the truth regarding the residential schools, healing becomes possible for victims, over-representation within the criminal justice system can be better understood as well as addressed, and future harm ...


Race And Justice Outcomes: Contextualizing Racial Discrimination And Ferguson, Jason M. Williams Apr 2017

Race And Justice Outcomes: Contextualizing Racial Discrimination And Ferguson, Jason M. Williams

Ralph Bunche Journal of Public Affairs

While scores of literature may hint at the tumultuous relationship between the criminal justice system and Blacks, such literature, however, fail to assess, comprehensively, the intersectional purpose of present criminal justice processes and race. This paper will examine contemporary applications of justice along racial lines. It is argued that current justice outcomes are advantageous to the status quo. It is no secret that the American system of justice has a race problem; however, if the goal is to administer justice then, as this paper argues, the current system needs to be seriously examined and rebuilt. The paper also argues that ...


Twenty Reasons To Publish In Dignity, Donna M. Hughes Apr 2017

Twenty Reasons To Publish In Dignity, Donna M. Hughes

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


Search, Seizure And The Positive Law: Expectations Of Privacy Outside The Fourth Amendment, Daniel B. Yeager Mar 2017

Search, Seizure And The Positive Law: Expectations Of Privacy Outside The Fourth Amendment, Daniel B. Yeager

Daniel B. Yeager

No abstract provided.


Bail Reform: New Directions For Pretrial Detention And Release, Megan Stevenson, Sandra G. Mayson Mar 2017

Bail Reform: New Directions For Pretrial Detention And Release, Megan Stevenson, Sandra G. Mayson

Faculty Scholarship

Our current pretrial system imposes high costs on both the people who are detained pretrial and the taxpayers who foot the bill. These costs have prompted a surge of bail reform around the country. Reformers seek to reduce pretrial detention rates, as well as racial and socioeconomic disparities in the pretrial system, while simultaneously improving appearance rates and reducing pretrial crime. The current state of pretrial practice suggests that there is ample room for improvement. Bail hearings are often cursory, with no defense counsel present. Money-bail practices lead to high rates of detention even among misdemeanor defendants and those who ...


Legal Attitudes Of Immigrant Detainees, Emily Ryo Feb 2017

Legal Attitudes Of Immigrant Detainees, Emily Ryo

Emily Ryo

A substantial body of research shows that people’s legal attitudes can have wide-ranging behavioral consequences.  In this paper, I use original survey data to examine long-term immigrant detainees’ legal attitudes.  I find that the majority of detainees express a felt obligation to obey the law, and do so at a significantly higher rate than other U.S. sample populations.  I also find that the detainees’ perceived obligation to obey U.S. immigration authorities is significantly related to their evaluations of procedural justice, as measured by their assessments of fair treatment while in detention.  This finding remains robust controlling for ...


How Should Justice Policy Treat Young Offenders?, B J. Casey, Richard J. Bonnie, Andre Davis, David L. Faigman, Morris B. Hoffman, Owen D. Jones, Read Montague, Stephen J. Morse, Marcus E. Raichle, Jennifer A. Richeson, Elizabeth S. Scott, Laurence Steinberg, Kim A. Taylor-Thompson, Anthony D. Wagner Feb 2017

How Should Justice Policy Treat Young Offenders?, B J. Casey, Richard J. Bonnie, Andre Davis, David L. Faigman, Morris B. Hoffman, Owen D. Jones, Read Montague, Stephen J. Morse, Marcus E. Raichle, Jennifer A. Richeson, Elizabeth S. Scott, Laurence Steinberg, Kim A. Taylor-Thompson, Anthony D. Wagner

Faculty Scholarship

The justice system in the United States has long recognized that juvenile offenders are not the same as adults, and has tried to incorporate those differences into law and policy. But only in recent decades have behavioral scientists and neuroscientists, along with policymakers, looked rigorously at developmental differences, seeking answers to two overarching questions: Are young offenders, purely by virtue of their immaturity, different from older individuals who commit crimes? And, if they are, how should justice policy take this into account?

A growing body of research on adolescent development now confirms that teenagers are indeed inherently different from adults ...