Law Commons^™

Workshop | Body Worn Video Recorders: The Socio-Technical Implications Of Gathering Direct Evidence, Katina Michael, Alexander Hayes

Alexander Hayes Mr.

- From in-car video recording to body-worn video recording

- Exploring available technologies: how do they work, pros and cons

- Storing direct evidence in secure storage: factors to consider

- Citizens “shooting” back with POV tech – what are their rights?

- Crowdsourced sousveillance- harnessing public data for forensic profiling

- Police force policies and practices on the application of new media

Do Experience Tables Matter, Peter B. Hoffman, Harvey M. Goldstein

Peter R. Hoffman

No abstract provided.

A Historical Comparative Analysis Of Executions In The United States From 1608 To 2009, Emily Jean Abili

UNLV Theses, Dissertations, Professional Papers, and Capstones

The death penalty has been a contested issue throughout American history. The United States has been executing offenders since Jamestown became a colony in 1608 (Allen & Clubb, 2008). Since that time, many issues have been raised about the death penalty including whether or not it is moral, discriminatory, or a deterrent.

This study examines the history of executions, including lynchings, in the United States from 1608 to 2009 using a variety of sociological theories on law and society. Some of the research questions that guide this project are:

* What is the nature of change in the relative prevalence …

Constitutionally Tailoring Punishment, Richard A. Bierschbach, Stephanos Bibas

All Faculty Scholarship

Since the turn of the century, the Supreme Court has begun to regulate non-capital sentencing under the Sixth Amendment in the Apprendi line of cases (requiring jury findings of fact to justify sentence enhancements) as well as under the Eighth Amendment in the Miller and Graham line of cases (forbidding mandatory life imprisonment for juvenile defendants). Though both lines of authority sound in individual rights, in fact they are fundamentally about the structures of criminal justice. These two seemingly disparate lines of doctrine respond to structural imbalances in non-capital sentencing by promoting morally appropriate punishment judgments that are based on …

Gridland: An Allegorical Critique Of Federal Sentencing, Erik Luna

Erik Luna

No abstract provided.

Constitutional Road Maps, Erik Luna

Erik Luna

No abstract provided.

Judicial Integrity: A Call For Its Re-Emergence In The Adjudication Of Criminal Cases, Robert M. Bloom

Robert Bloom

No abstract provided.

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.

The New Normal, Hannah M. Frantz

SURGE

On September 19, 2013 an individual wielding a military-grade assault rifle fired sixteen bullets into a Chicago park harming thirteen individuals, among them a 3-year old named Deonta Howard who was shot in the cheek.

On September 16, 2013 a man by the name of Aaron Alexis opened fire on the cafeteria at the Navy Yard in Washington D.C. Thirteen people died, and eight others were injured.

On December 14, 2012 Adam Lanza shot twenty-six people—twenty of whom were children between the ages of 6 and 7—in Newtown, Connecticut. Barack Obama called it the “worst day of [his] presidency.”

On …

Testing Orthodox Utilitarian And Extrajudical Determinants Of Incarceration In The U.S. At The State-Level, 1980-2005, Pavel V. Vasiliev

UNLV Theses, Dissertations, Professional Papers, and Capstones

This project is a theory-driven secondary data analysis of state-level incarceration trends in the U.S. between 1980 and 2005. I replicate and advance Smith's (2004) study of the relationship between the socioeconomic, demographic, political, electoral, and criminal justice factors and incarceration rates at the state level. The purpose of this project is to determine the empirical validity of the major explanations of the incarceration trends in the U.S. I advance Smith's (2004) study using important novel elements. First, I extend the scrutinized historic period by a decade by compiling time-series data for 1980-2005. Second, I employ a more sophisticated analytic …

Legal Tails: Policing American Cities Through Animals, Irus Braverman

Contributions to Books

Published as Chapter 8 in Policing Cities: Urban Securitization and Regulation in a 21st Century World, Randy K. Lippert & Kevin Walby, eds.

“I don’t worry about the four-legged animals,” Officer Armatys tells me as I scramble to catch up when he enters a backyard with a fierce-looking dog. “It’s the two-legged animals I am concerned about.” I interviewed Officer Armatys twice, first in his office in the Erie County’s Society for the Protection of Animals (ESPCA) and, a few months later, on a ride-along during a routine workday. Based on these encounters and numerous others with members of the …

Putting The Trial Penalty On Trial, David S. Abrams

All Faculty Scholarship

The "trial penalty" is a concept widely accepted by all the major actors in the criminal justice system: defendants, prosecutors, defense attorneys, court employees, and judges. The notion is that defendants receive longer sentences at trial than they would have through plea bargain, often substantially longer. The concept is intuitive: longer sentences are necessary in order to induce settlements and without a high settlement rate it would be impossible for courts as currently structured to sustain their immense caseload. While intuitively appealing, this view of the trial penalty is completely at odds with economic prediction. Since both prosecutors and defendants …

A Further Test Of Strain Theory: Does Gender Discrimination Contribute To Theft By Employees?, John A. Casten

Sociology & Criminal Justice Theses & Dissertations

This study was an examination of General Strain Theory's contention that gender discrimination. as a source of strain. can lead to deviant behaviors. Specifically. the effects of gender discrimination in the workplace on theft by employees. The study was unique in that it utilized a sample split three different ways. First, by gender, second by perceived and actual measures of both crime and discrimination, and third, by combined versus separate discrimination measures. The third item being particularly unique. The study utilized bivariate correlations and logistic regression throughout for statistical analyses. The results indicated that combined measures were not as effective …

To Catch A Pirate: Analyzing Processes Of Policy Making On Maritime Piracy, Victoria E. Collins

Sociology & Criminal Justice Theses & Dissertations

There has been a resurgence of political and media interest in maritime piracy, specifically in the Gulf of Aden off the coast of Somalia. This is credited to a rise in the number of piracy attacks that have been committed in Somalia's coastal waters. In response to this rise in attacks there has been an increased deployment of military warships from as many as 30 different countries to the region in efforts to combat piracy. Although the problem of piracy has received much attention there has been little attention paid to the structural conditions within Somalia itself, such as the …

Humane Punishment For Seriously Disordered Offenders: Sentencing Departures And Judicial Control Over Conditions Of Confinement, E. Lea Johnston

UF Law Faculty Publications

At sentencing, a judge may foresee that an individual with a major mental disorder will experience serious psychological or physical harm in prison. In light of this reality and offenders’ other potential vulnerabilities, a number of jurisdictions currently allow judges to treat undue offender hardship as a mitigating factor at sentencing. In these jurisdictions, vulnerability to harm may militate toward an order of probation or a reduced term of confinement. Since these measures do not affect offenders’ day-to-day experience in confinement, these expressions of mitigation fail to protect adequately those vulnerable offenders who must serve time in prison. This Article …

Team Policing Revisited: A Quasi-Experimental Evaluation In Las Vegas, Nevada, Natalie Nicole Martinez

UNLV Theses, Dissertations, Professional Papers, and Capstones

In 1967, the President's Commission on Law Enforcement and Administration of Justice recommended team policing, which involves the decentralization of patrol officers and investigators to the same, defined geographical area, as a way to more effectively organize police officers and improve crime control. Despite initial enthusiasm from police officers and administrators, team policing quickly faded from use during the 1970s because its design was incompatible with the centralized model of policing prevalent at that time. However, the implementation of community-oriented policing, which promotes various organizational changes and the use of problem-focused strategies, has changed police departments in recent years and …

Who We Are: Incarcerated Students And The New Prison Literature, 1995-2010, Reilly Hannah N. Lorastein

Honors Projects

This project focuses on American prison writings from the late 1990s to the 2000s. Much has been written about American prison intellectuals such as Malcolm X, George Jackson, Eldridge Cleaver, and Angela Davis, who wrote as active participants in black and brown freedom movements in the United States. However the new prison literature that has emerged over the past two decades through higher education programs within prisons has received little to no attention. This study provides a more nuanced view of the steadily growing silent population in the United States through close readings of Openline, an inter-disciplinary journal featuring …

An Exploration Of Drug Trafficking Among Female Offenders In The Caribbean, Dianne Berger-Hill

Sociology & Criminal Justice Theses & Dissertations

This thesis is an exploratory study examining drug trafficking among female offenders under the custodial care of the Trinidad and Tobago Prison Service. The female offenders were interviewed using a semi-structured interview guide that inquired into how they were recruited, why they decided to traffic drugs, did they join in with friends, were family members or relatives involved in the activity, or did they initiate it on their own, and if their childhood experiences influenced them into getting involved with drug trafficking. Themes were identified during the course of the data analysis. More than half of the female offenders were …

There Are No "Innocent Victims": The Influence Of Just World Beliefs And Prior Victimization On Rape Myth Acceptance, Rebecca Lynne Vonderhaar

Sociology & Criminal Justice Theses & Dissertations

Approximately 209,000 women report being raped every year. Of those 209,000 rapes, only 19,491 arrests were made (U.S. Department of Justice 2011). Furthermore, reports estimate that one out of every three women will be raped at some point in her life (Amir, 1971). The prominence of rape in the United States, as well as the disparity between documented rapes to the police and victim reports of rape, is problematic for researchers in fully understanding the breadth of the problem. Considering that rape occurs at such an overwhelmingly high rate and frequently goes unreported, it is important to understand the attitudes …

Vulnerability And Just Desert: A Theory Of Sentencing And Mental Illness, E. Lea Johnston

UF Law Faculty Publications

This Article analyzes risks of serious harms posed to prisoners with major mental disorders and investigates their import for sentencing under a just deserts analysis. Drawing upon social science research, the Article first establishes that offenders with serious mental illnesses are more likely than non-ill offenders to suffer physical and sexual assaults, endure housing in solitary confinement, and experience psychological deterioration during their carceral terms. The Article then explores the significance of this differential impact for sentencing within a retributive framework. It first suggests a particular expressive understanding of punishment, capacious enough to encompass foreseeable, substantial risks of serious harm …

Wie Featured Person Of The Month Highlights (Katina Michael), Keyana Tenant, Katina Michael

Professor Katina Michael

The WIE Featured Person of the Month is Katina Michael, editor-in-chief of IEEE Technology and Society Magazine. After working at OTIS Elevator Company and Andersen Consulting, Katina was offered and exciting graduate engineering position at Nortel in 1996; and her career has been fast track from there. Read Katina’s story on Page 7.

Natural Disasters And Early Warning Systems In Australia, Emma Papaemanuel, Katina Michael, Peter Johnston

Professor Katina Michael

Australia's national emergency warning system alerts. Radio program in Greek.

Are Disaster Early Warnings Effective?, Kerri Worthington, Katina Michael, Peter Johnson, Paul Barnes

Professor Katina Michael

Australia's summer is traditionally a time of heightened preparation for natural disasters, with cyclones and floods menacing the north and bushfires a constant threat in the south. And the prospect of more frequent, and more intense, disasters thanks to climate change has brought the need for an effective early warning system to the forefront of policy-making. Technological advances and improved telecommunication systems have raised expectations that warning of disasters will come early enough to keep people safe. But are those expectations too high? Kerri Worthington reports. Increasingly, the world's governments -- and their citizens -- rely on technology-based early warning …

Concern People Without Latest Technology Will Miss Fire Warnings, Sally Sara, Ashley Hall, Peter Johnson, Katina Michael

Professor Katina Michael

But what if the website goes down in the way Victoria's Country Fire Authority website crashed as fires raged a few weeks ago? What about those people who don't own the latest technology? And what happens when the power goes out?

KATINA MICHAEL: Well there's no television, there isn't ability to access the internet potentially.

ASHLEY HALL: Professor Katina Michael is Associate Professor at the School of Information Systems and Technology at the University of Wollongong.

KATINA MICHAEL: I would suggest a long lasting powered radio because we don't want is we don't want when the lights go out, or …

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

Criminal Justice Policy Research Institute Research Research Briefs

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 were …

Breaking The Theft-Chain-Cycle: Property Marking As A Defensive Tool, William J. Bailey, David J. Brooks

Bill Bailey

The theft of property and its associated impact effects many parts of society. For example, a considerable amount of resources are expended in trying to reduce property theft, as such crime engenders both a financial and emotional impact (Grabosky, 1995, p. 1) on those involved. Factors such as fear of crime, increased insurance premiums and victimization are all outcomes of property crime. Much of the past research has focused on the mitigation of such crimes, collectively termed as ‘crime prevention’. Crime prevention are “any actions designed to reduce the actual level of crime and/or the perceived crime” (S.P. Lab, 2010, …

Kentucky Sro Programs: An Examination Of Impact On Reported Criminal Violations And Board Violations, William John Sullivan

Online Theses and Dissertations

School violence has become a focal point throughout the United States, sparked by violent mass killings at schools throughout the nation. In response to these horrific attacks, school officials, law enforcement, parents, and others have taken measures to improve school safety. One of the most substantial efforts includes the utilization of specially trained police officers (SROs) in our schools. Currently, there are approximately 230 SROs assigned to Kentucky schools (KASRO, 2013) and an estimated 20,000 SROs nationally (Myrstol, 2010). Regardless of the importance of maintaining safe schools and an environment that is conducive to learning, relatively little research has been …

Debate: The Constitutionality Of Stop-And-Frisk In New York City, David Rudovsky, Lawrence Rosenthal

All Faculty Scholarship

Stop-and-frisk, a crime prevention tactic that allows a police officer to stop a person based on “reasonable suspicion” of criminal activity and frisk based on reasonable suspicion that the person is armed and dangerous, has been a contentious police practice since first approved by the Supreme Court in 1968. In Floyd v. City of New York, the U.S. District Court for the Southern District of New York ruled that New York City’s stop-and-frisk practices violate both the Fourth and Fourteenth Amendments. Professors David Rudovsky and Lawrence Rosenthal debate the constitutionality of stop-and-frisk in New York City in light of …

Natural Law & Lawlessness: Modern Lessons From Pirates, Lepers, Eskimos, And Survivors, Paul H. Robinson

All Faculty Scholarship

The natural experiments of history present an opportunity to test Hobbes' view of government and law as the wellspring of social order. Groups have found themselves in a wide variety of situations in which no governmental law existed, from shipwrecks to gold mining camps to failed states. Yet the wide variety of situations show common patterns among the groups in their responses to their often difficult circumstances. Rather than survival of the fittest, a more common reaction is social cooperation and a commitment to fairness and justice, although both can be subverted in certain predictable ways. The absent-law situations also …

Seeing Is Believing: The Csi Effect Among Jurors In Malicious Wounding Cases, Corey Call, Amy K. Cook, John D. Reitzel, Robyn D. Mcdougle

Journal of Social, Behavioral, and Health Sciences

With the popularization of television crime shows that focus heavily on forensic science, such as CSI and its spin-offs, concerns about a new threat to jury trials have emerged in recent years. Dubbed the “CSI effect,” this phenomenon has reportedly come to influence the way jurors perceive forensic evidence at trials based on the way forensic evidence is presented on television. While the CSI effect has been the topic of much discussion throughout the popular press, the CSI effect has seldom been empirically tested. In this study, we present a selection of media accounts as well as criminological and …