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Articles 1 - 30 of 39
Full-Text Articles in Law
I Am Not Your Felon: Decoding The Trauma, Resilience, And Recovering Mothering Of Formerly Incarcerated Black Women, Jason M. Williams, Zoe Spencer, Sean K. Wilson
I Am Not Your Felon: Decoding The Trauma, Resilience, And Recovering Mothering Of Formerly Incarcerated Black Women, Jason M. Williams, Zoe Spencer, Sean K. Wilson
Department of Justice Studies Faculty Scholarship and Creative Works
Black women are increasingly targets of mass incarceration and reentry. Black feminist writers call attention to scholars’ need to intersectionalize analyses around how Black women interface with state systems and social institutions. This study foregrounds narratives from Black women to understand their plight while navigating reentry through a phenomenological approach. Through semi-structured interviews, narratives are analyzed using critical frameworks that authentically unearths the lived realities of participants. Themes reveal that for Black mothers, reentry can be just as criminalizing as engaging crime itself. These women face dire consequences around their mothering that induce them into tremendous bouts of trauma. Existing …
Homicide And Drug Trafficking In Impoverished Communities In Brazil, Elenice De Souza De Souza Oliveira, Braulio Figueiredo Alves Da Silva, Flavio Luiz Sapori, Gabriela Gomes Cardoso
Homicide And Drug Trafficking In Impoverished Communities In Brazil, Elenice De Souza De Souza Oliveira, Braulio Figueiredo Alves Da Silva, Flavio Luiz Sapori, Gabriela Gomes Cardoso
Department of Justice Studies Faculty Scholarship and Creative Works
Many studies demonstrate that homicides are heavily concentrated in impoverished neighborhoods, but not all socially disadvantaged neighborhoods are hotbeds of violence. Conducted in Belo Horizonte, Brazil, this study hypothesizes that the association between high rates of homicide and impoverished areas is influenced by the emergence of a specific type of street drug-dealing common to favelas (slums). The study applies econometric techniques to police data on homicides and drug arrests from 2008 to 2011, as well as 2010 Census data, to test its hypothesis. The findings provide insight into the development of crime prevention policies in areas of high social vulnerability.
Health Implications Of Incarceration And Reentry On Returning Citizens: A Qualitative Examination Of Black Men’S Experiences In A Northeastern City, Jason Williams, Sean K. Wilson, Carrie Bergeson
Health Implications Of Incarceration And Reentry On Returning Citizens: A Qualitative Examination Of Black Men’S Experiences In A Northeastern City, Jason Williams, Sean K. Wilson, Carrie Bergeson
Department of Justice Studies Faculty Scholarship and Creative Works
While a great deal of research captures the lived experiences of Black men as they navigate through the criminal legal system and onto reentry, very little research is grounded in how those processes are directly connected to their health. Although some research argues that mass incarceration is a determinant of poor health, there is a lack of qualitative analyses from the perspective of Black men. Black men face distinct pathways that lead them into the criminal legal system, and these same pathways await them upon reentry. This study aims to examine the health implications associated with incarceration and reentry of …
Creating And Undoing Legacies Of Resilience: Black Women As Martyrs In The Black Community Under Oppressive Social Control, Leah Iman Aniefuna, M. Amari Aniefuna, Jason M. Williams
Creating And Undoing Legacies Of Resilience: Black Women As Martyrs In The Black Community Under Oppressive Social Control, Leah Iman Aniefuna, M. Amari Aniefuna, Jason M. Williams
Department of Justice Studies Faculty Scholarship and Creative Works
This paper contextualizes the struggles and contributions of Black motherhood and reproductive justice under police surveillance in Baltimore, Maryland. We conducted semi-structured interviews with mothers regarding their experiences and perceptions of policing in their community during the aftermath of the police-involved death of Freddie Gray. While the literature disproportionately focuses on Black males, little knowledge is known about the struggles and contributions of Black mothers in matters concerning police brutality and the fight against institutional violence. There still remains the question regarding the role of and impact on Black mothers during matters of institutional violence against Black children. We fill …
Reentry Court Judges: The Key To The Court, Christopher Salvatore, Venezia Michalsen, Caitlin Taylor
Reentry Court Judges: The Key To The Court, Christopher Salvatore, Venezia Michalsen, Caitlin Taylor
Department of Justice Studies Faculty Scholarship and Creative Works
Over the last few decades, treatment-oriented court judges have moved away from being neutral arbitrators in an adversarial court process to treatment facilitators. In the problem-solving court model, judges are part of a more therapeutic treatment process with program participants and a courtroom workgroup. The shift from the use of the traditional criminal justice process toward the use of more treatment-oriented models for some populations highlights the need to systematically document key elements of treatment court models. In particular, it is important to clearly document the role of Reentry Court Judges because they are a key component of the Reentry …
Donald Trump, Twitter, And Islamophobia: The End Of Dignity In Presidential Rhetoric About Terrorism, Gabriel Rubin
Donald Trump, Twitter, And Islamophobia: The End Of Dignity In Presidential Rhetoric About Terrorism, Gabriel Rubin
Department of Justice Studies Faculty Scholarship and Creative Works
Donald Trump’s rhetoric is markedly different than that of just about every other American president. Trump’s speeches on terrorism and his related Islamophobia and anti-immigrant rhetoric are examined in this chapter. Trump’s use of Twitter and view of the presidency as a “permanent campaign” keep his followers in a state of near-permanent mobilization. Trump uses the rhetoric of fear to push his followers against Muslims and immigrants by linking terrorism to both groups. As Jeffrey Tulis opines, Trump is America’s first demagogue. This chapter highlights how Trump’s demagoguery and novel method for communicating with his followers has framed the terror …
From The Legal Literature: Automating Police, Francesca Laguardia
From The Legal Literature: Automating Police, Francesca Laguardia
Department of Justice Studies Faculty Scholarship and Creative Works
No abstract provided.
Bus Robberies In Belo Horizonte, Brazil: Solutions For Safe Travel, Elenice De Souza De Souza Oliveira, Mangai Natarajan, Bráulio Da Silva
Bus Robberies In Belo Horizonte, Brazil: Solutions For Safe Travel, Elenice De Souza De Souza Oliveira, Mangai Natarajan, Bráulio Da Silva
Department of Justice Studies Faculty Scholarship and Creative Works
This study examines the spatial patterns and other situational determinants leading to the high number of bus robberies in Belo Horizonte. Main research questions include patterns of robberies, spatial concentration, locations prone to robberies, and environmental characteristics therein. This study also provides a variety of safety measures based on the Situational Crime Prevention approach. The Rapid Assessment Methodology (RAM) was employed using both quantitative and qualitative data. It involves spatial analysis, direct observation of hot spots using a safety audit protocol, and focus group discussions with key participants. Bus robberies involve minimum risk and low detection and arrest. The “hottest …
Abolitionist Feminism As Prisons Close: Fighting The Racist And Misogynist Surveillance “Child Welfare” System, Venezia Michalsen
Abolitionist Feminism As Prisons Close: Fighting The Racist And Misogynist Surveillance “Child Welfare” System, Venezia Michalsen
Department of Justice Studies Faculty Scholarship and Creative Works
The global prison industrial complex was built on Black and brown women’s bodies. This economy will not voluntarily loosen its hold on the bodies that feed it. White carceral feminists traditionally encourage State punishment, while anti-carceral, intersectional feminism recognizes that it empowers an ineffective and racist system. In fact, it is built on the criminalization of women’s survival strategies, creating a “victimization to prison pipeline.” But prisons are not the root of the problem; rather, they are a manifestation of the over-policing of Black women’s bodies, poverty, and motherhood. Such State surveillance will continue unless we disrupt these powerful systems …
“It’S Hard Out Here If You’Re A Black Felon”: A Critical Examination Of Black Male Reentry, Jason M. Williams, Sean K. Wilson, Carrie Bergeson
“It’S Hard Out Here If You’Re A Black Felon”: A Critical Examination Of Black Male Reentry, Jason M. Williams, Sean K. Wilson, Carrie Bergeson
Department of Justice Studies Faculty Scholarship and Creative Works
Formerly incarcerated Black males face many barriers once they return to society after incarceration. Research has long established incarceration as a determinant of poor health and well-being. While research has shown that legally created barriers (e.g., employment, housing, and social services) are often a challenge post-incarceration, far less is known of Black male’s daily experiences of reentry. Utilizing critical ethnography and semi-structured interviews with formerly incarcerated Black males in a Northeastern community, this study examines the challenges Black males experience post-incarceration.
Race As A Carceral Terrain: Black Lives Matter Meets Reentry, Jason Williams
Race As A Carceral Terrain: Black Lives Matter Meets Reentry, Jason Williams
Department of Justice Studies Faculty Scholarship and Creative Works
In the United States, racialized people are disproportionately selected for punishment. Examining punishment discourses intersectionally unearths profound, unequal distinctions when controlling for the variety of victims’ identities within the punishment regime. For example, trans women of color are likely to face the harshest of realities when confronted with the prospect of punishment. However, missing from much of the academic carceral literature is a critical perspective situated in racialized epistemic frameworks. If racialized individuals are more likely to be affected by punishment systems, then, certainly, they are the foremost experts on what those realities are like. The Black Lives Matter hashtag …
The Coming Out Of Memory: The Holocaust, Homosexuality, And Dealing With The Past, Arnaud Kurze
The Coming Out Of Memory: The Holocaust, Homosexuality, And Dealing With The Past, Arnaud Kurze
Department of Justice Studies Faculty Scholarship and Creative Works
This research discusses the challenges of establishing a collective memory for gay victims of the Nazi terror in World War II and examines the introduction of gay victimhood into the public sphere through memorialization efforts. While scholarly accounts on gays and the Holocaust emerged in the 1970s, little is known about the emergence and consolidation of a public narrative on gay persecutions under the Nazis. It raises important questions, including why a public voice for crimes against sexual minorities in World War II emerged only hesitantly? Drawing on historical gay memorialization processes in Germany, the author maps the obstacles for …
The Influence Of Religion On The Criminal Behavior Of Emerging Adults, Christopher Salvatore, Gabriel Rubin
The Influence Of Religion On The Criminal Behavior Of Emerging Adults, Christopher Salvatore, Gabriel Rubin
Department of Justice Studies Faculty Scholarship and Creative Works
Recent generations of young adults are experiencing a new life course stage: emerging adulthood. During this ‘new’ stage of the life course, traditional social bonds and turning points may not be present, may be delayed, or may not operate in the same manner as they have for prior generations. One such bond, religion, is examined here. Focusing on the United States, emerging adulthood is investigated as a distinct stage of the life course. The criminality of emerging adults is presented, a theoretical examination of the relationship between religion and crime is provided, the role of religion in emerging adults’ lives …
Exploring Places Of Street Drug Dealing In A Downtown Area In Brazil: An Analysis Of The Reliability Of Google Street View In International Criminological Research, Elenice De Souza Oliveira, Ko-Hsin Hsu
Exploring Places Of Street Drug Dealing In A Downtown Area In Brazil: An Analysis Of The Reliability Of Google Street View In International Criminological Research, Elenice De Souza Oliveira, Ko-Hsin Hsu
Department of Justice Studies Faculty Scholarship and Creative Works
This study assesses the reliability of Google Street View (GSV) in auditing environmental features that help create hotbeds of drug dealing in Belo Horizonte, one of Brazil’s largest cities. Based on concepts of “crime generators” and “crime enablers,” a set of 40 items were selected using arrest data related to drug activities for the period between 2007 and 2011. These items served to develop a GSV data collection instrument used to observe features of 135 street segments that were identified as drug dealing hot spots in downtown Belo Horizonte. The study employs an intra-class correlation (ICC) statistics as a measure …
Breaking The Prison-Jihadism Pipeline: Prison And Religious Extremism In The War On Terror, Gabriel Rubin
Breaking The Prison-Jihadism Pipeline: Prison And Religious Extremism In The War On Terror, Gabriel Rubin
Department of Justice Studies Faculty Scholarship and Creative Works
No abstract provided.
African Americans And Punishment For Crime: A Critique Of Mainstream And Neoliberal Discourses, Jason M. Williams, Nishaun Tarae Battle
African Americans And Punishment For Crime: A Critique Of Mainstream And Neoliberal Discourses, Jason M. Williams, Nishaun Tarae Battle
Department of Justice Studies Faculty Scholarship and Creative Works
Understandings of punishment within the criminological enterprise have failed to capture the nuances associated with experiencing punishment. Moreover, mainstream academic discourses are inherently anachronistic in their conclusions on punishment, thus leaving significant gaps to be filled. One such gap is that of racialized history. This article attempts to make sense of punishment discourses (past and present) by situating them in their proper context. We argue that punishment, in particular for Blacks, is ideological and longstanding. Moreover, we posit that the prolonged punishment of Blacks is hyper manifested in contemporary society via neoliberal logic that has increasingly disabled race as a …
Policing A Negotiated World: A Partial Test Of Klinger’S Ecological Theory Of Policing, Christopher Salvatore, Travis A. Taniguchi
Policing A Negotiated World: A Partial Test Of Klinger’S Ecological Theory Of Policing, Christopher Salvatore, Travis A. Taniguchi
Department of Justice Studies Faculty Scholarship and Creative Works
The primary goal of the current study is to examine a portion of Klinger’s theory. Specifically, we test the influence of organizational and environmental contextual factors, guided by Klinger’s theory, on one measure of officer vigor. To date, few studies have taken this approach to examine Klinger’s theory. The study builds on prior research that has tested aspects of Klinger’s theory and adds new analytic strategies that prior studies have not used. The results of this study have implications for both theory and practice, and they add to the growing literature examining the influence of ecological and organization factors on …
The Nonexceptionalism Thesis: How Post-9/11 Criminal Justice Measures Fit In Broader Criminal Justice, Francesca Laguardia
The Nonexceptionalism Thesis: How Post-9/11 Criminal Justice Measures Fit In Broader Criminal Justice, Francesca Laguardia
Department of Justice Studies Faculty Scholarship and Creative Works
Contrary to the assumption that ‘‘9/11 changed everything,’’ post-2001 criminal justice practices in the area of terrorism show a surprising consistency with pre-2001 criminal justice practices. This article relies on an analysis of over 300 terrorism prosecutions between 2001 and 2010, as well as twenty full trial transcripts, content coding, and traditional legal analysis, to show the continuity of criminal justice over this time in regard to some of the most controversial supposed developments. This continuity belies the common assumption that current extreme policies and limitations on due process are a panicked response to the terror attacks of 2001. To …
#Warcrimes #Postconflictjustice #Balkans: Youth, Performance Activism And The Politics Of Memory, Arnaud Kurze
#Warcrimes #Postconflictjustice #Balkans: Youth, Performance Activism And The Politics Of Memory, Arnaud Kurze
Department of Justice Studies Faculty Scholarship and Creative Works
While literature in transitional justice has addressed conventional retributive and restorative justice mechanisms, scholarship focusing on the rise in youth activism to confront war crimes is underdeveloped. This article draws on over two-dozen in-depth interviews with youth activist leaders across the former Yugoslavia, focusing on their performance-based campaigns. I explain why the emergence of transitional justice youth activism in the Balkans falls short of the significant institutional reforms of earlier youth movement mobilizations in the region. I also throw light on why their performance activism is distinct from practices of older, established human rights organizations in the region. Notwithstanding, I …
We Don’T Always Mean What We Say: Attitudes Toward Statutory Exclusion Of Juvenile Offenders From Juvenile Court Jurisdiction, Tina Zotolli, Tarika Daftary Kapur, Patricia A. Zapf
We Don’T Always Mean What We Say: Attitudes Toward Statutory Exclusion Of Juvenile Offenders From Juvenile Court Jurisdiction, Tina Zotolli, Tarika Daftary Kapur, Patricia A. Zapf
Department of Justice Studies Faculty Scholarship and Creative Works
In the United States, juvenile offenders are often excluded from the jurisdiction of the juvenile court on the basis of age and crime type alone. Data from national surveys and data from psycholegal research on support for adult sanction of juvenile offenders are often at odds. The ways in which questions are asked and the level of detail provided to respondents and research participants may influence expressed opinions. Respondents may also be more likely to agree with harsh sanctions when they have fewer offender- and case-specific details to consider. Here, we test the hypothesis that attitudes supporting statutory exclusion laws …
Imagining The Unimaginable: Torture And The Criminal Law, Francesca Laguardia
Imagining The Unimaginable: Torture And The Criminal Law, Francesca Laguardia
Department of Justice Studies Faculty Scholarship and Creative Works
This article examines the use of torture by the U.S. government in the context of the late 20th-century preventive turn in criminal justice. Challenging the assumption that the use of “enhanced interrogation tactics” in the war on terror was an exceptional deviation from accepted norms, this article suggests that this deviation began decades before the terror attacks, in the context of conventional criminal procedure. I point to the use of the “ticking time bomb hypothetical,” and its connection to criminal procedure’s “kidnapping hypothetical.” Using case law and criminal procedure textbooks I trace the employment of that narrative over several decades, …
Youth Activism, Art And Transitional Justice: Emerging Spaces Of Memory After The Jasmine Revolution, Arnaud Kurze
Youth Activism, Art And Transitional Justice: Emerging Spaces Of Memory After The Jasmine Revolution, Arnaud Kurze
Department of Justice Studies Faculty Scholarship and Creative Works
This chapter explores the creation of alternative transitional justice spaces in post-conflict contexts, particularly concentrating on the role of art and the impact of social movements to address human rights abuses. Drawing from post-authoritarian Tunisia, it scrutinizes the work of contemporary youth activists and artists to deal with the past and foster sociopolitical change. Although these vanguard protesters provoked the overthrow of President Zine El Abdine Ben Ali in 2011, the power vacuum was quickly filled by old elites. The exclusion of young revolutionaries from political decision-making led to unprecedented forms of mobilization to account for repression and injustice under …
A First Look At The Plea Deal Experiences Of Juveniles Tried In Adult Court, Tarika Daftary-Kapur, Tina Zottoli
A First Look At The Plea Deal Experiences Of Juveniles Tried In Adult Court, Tarika Daftary-Kapur, Tina Zottoli
Department of Justice Studies Faculty Scholarship and Creative Works
While there is a large body of research on the legal capacities of adolescents, this research largely has neglected the plea-deal context. To learn about adolescents’ understanding of the plea process and their appreciation of the short- and long-term consequences of accepting a plea deal, we conducted interviews with 40 juveniles who were offered plea deals in adult criminal court. Participants displayed a limited understanding of the plea process were not fully aware of their legal options and appeared to be overly influenced by the short-term benefits associated with accepting their plea deals. Limited contact with attorneys may have contributed …
Not All Women Are Mothers: Addressing The Invisibility Of Women Under The Control Of The Criminal Justice System Who Do Not Have Children, Venezia Michalsen, Jeanne Flavin
Not All Women Are Mothers: Addressing The Invisibility Of Women Under The Control Of The Criminal Justice System Who Do Not Have Children, Venezia Michalsen, Jeanne Flavin
Department of Justice Studies Faculty Scholarship and Creative Works
Research has consistently shown that most women under the control of the criminal justice system are mothers. The robustness of this finding has been accompanied by a failure to consider the characteristics and needs of women without children. In this study, we examine data on 1,334 formerly incarcerated women. Findings indicate that while mothers and non-mothers share some characteristics, they differ on several others, most notably demographic profile, mental health, and timing of contacts with the criminal justice system. These results suggest a need to recognize the diversity among women offender groups, particularly when developing policies and programs need.
Promoting The Study Of Wrongful Convictions In Criminal Justice Curricula, Jessica S. Henry
Promoting The Study Of Wrongful Convictions In Criminal Justice Curricula, Jessica S. Henry
Department of Justice Studies Faculty Scholarship and Creative Works
Criminal justice education promotes interdisciplinary learning, critical thinking skills, and ethical decision making. A course on wrongful convictions falls squarely within that paradigm, as it draws upon criminology, criminal justice, law, psychology, and forensic science to examine basic assumptions about the criminal justice system and the actors within it. In a wrongful convictions course, students learn to think critically about the criminal justice system, and what happens when it fails to function as it should. Students identify practice and policy reforms that improve the accuracy and reliability of the system. This article first considers the broad objectives of criminal justice …
When Poverty Is The Worst Crime Of All: A Film Review Of Gideon’S Army (2013), Jessica S Henry
When Poverty Is The Worst Crime Of All: A Film Review Of Gideon’S Army (2013), Jessica S Henry
Department of Justice Studies Faculty Scholarship and Creative Works
This review of the Sundance Award-winning documentary film, Gideon’s Army, examines the disparate impact of the criminal justice system on the poor and, particularly, poor people of color.
Gender-Based Perceptions Of The 2001 Anthrax Attacks: Implications For Outreach And Preparedness, Christopher Salvatore, Brian J. Gorman
Gender-Based Perceptions Of The 2001 Anthrax Attacks: Implications For Outreach And Preparedness, Christopher Salvatore, Brian J. Gorman
Department of Justice Studies Faculty Scholarship and Creative Works
Extensive research dealing with gender-based perceptions of fear of crime has generally found that women express greater levels of fear compared to men. Further, studies have found that women engage in more self-protective behaviors in response to fear of crime, as well as have different levels of confidence in government efficacy relative to men. The majority of these studies have focused on violent and property crime; little research has focused on gender-based perceptions of the threat of bioterrorism. Using data from a national survey conducted by ABC News / Washington Post, this study contrasted perceptions of safety and fear in …
Is Emerging Adulthood Influencing Moffitt’S Developmental Taxonomy? Adding The “Prolonged” Adolescent Offender, Christopher Salvatore, Travis A. Taniguchi, Wayne Welsh
Is Emerging Adulthood Influencing Moffitt’S Developmental Taxonomy? Adding The “Prolonged” Adolescent Offender, Christopher Salvatore, Travis A. Taniguchi, Wayne Welsh
Department of Justice Studies Faculty Scholarship and Creative Works
The study of offender trajectories has been a prolific area of criminological research. However, few studies have incorporated the influence of emerging adulthood, a recently identified stage of the life course, on offending trajectories. The present study addressed this shortcoming by introducing the "prolonged adolescent" offender, a low-level offender between the ages of 18 and 25 that has failed to successfully transition into adult social roles. A theoretical background based on prior research in life-course criminology and emerging adulthood is presented. Using data from the National Longitudinal Study of Adolescent Health analyses examined the relationship between indicators of traditional turning …
A Systematic Observational Study Of A Juvenile Drug Court Judge, Christopher Salvatore, Matthew Hiller, Benta Samuelson, Jaime Henderson, Elise White
A Systematic Observational Study Of A Juvenile Drug Court Judge, Christopher Salvatore, Matthew Hiller, Benta Samuelson, Jaime Henderson, Elise White
Department of Justice Studies Faculty Scholarship and Creative Works
The shift of the juvenile justice system from its initial rehabilitative ideal toward a more punitive orientation highlights the need to systematically document key elements of the juvenile drug court model. In particular, it is important to clearly document the role of the juvenile court judge because he or she is considered vital to this program model. The current study used participant observation as well as confidential questionnaires on which youth shared their perceptions of the judge. Findings show the judge‐participant interactions typically were brief, varied by the participants' level of compliance with the program, and that sanctions were given …
Between Structure And Agency: Assassination, Social Forces, And The Production Of The Criminal Subject, Cary H. Federman
Between Structure And Agency: Assassination, Social Forces, And The Production Of The Criminal Subject, Cary H. Federman
Department of Justice Studies Faculty Scholarship and Creative Works
Assassins are often regarded as ahistorical figures of evil. In this article, I contest this view by analyzing the assassination of President William McKinley by Leon Czolgosz in 1901. There are two purposes to this article. The first is to situate McKinley’s assassination within the history and development of the social sciences, principally sociology, rather than assume that the assassin is a trans-historical representation of willful irresponsibility. The second is to describe and critique the discourse that made Czolgosz into a rational agent once he entered history as an assassin.