Social and Behavioral Sciences Commons^™

Voting Under The Federal Constitution, Travis Crum

Scholarship@WashULaw

There is no explicit, affirmative right to vote in the federal Constitution. At the Founding, States had total discretion to choose their electorate. Although that electorate was the most democratic in history, the franchise was largely limited to property-owning White men. Over the course of two centuries, the United States democratized, albeit in fits and starts. The right to vote was often expanded in response to wartime service and mobilization.

A series of constitutional amendments prohibited discrimination in voting on account of race (Fifteenth), sex (Nineteenth), inability to pay a poll tax (Twenty-Fourth), and age (Twenty-Sixth). These amendments were worded …

Contract-Wrapped Property, Danielle D'Onfro

Scholarship@WashULaw

For nearly two centuries, the law has allowed servitudes that “run with” real property while consistently refusing to permit servitudes attached to personal property. That is, owners of land can establish new, specific requirements for the property that bind all future owners—but owners of chattels cannot. In recent decades, however, firms have increasingly begun relying on contract provisions that purport to bind future owners of chattels. These developments began in the context of software licensing, but they have started to migrate to chattels not encumbered by software. Courts encountering these provisions have mostly missed their significance, focusing instead on questions …

The False Promise Of Jurisdiction Stripping, Daniel Epps, Alan M. Trammell

Scholarship@WashULaw

Jurisdiction stripping is seen as a nuclear option. Its logic is simple: by depriving federal courts of jurisdiction over some set of cases, Congress ensures those courts cannot render bad decisions. In theory, it frees up the political branches and the states to act without fear of judicial second-guessing. To its proponents, it offers the ultimate check on unelected and unaccountable judges. To critics, it poses a grave threat to the separation of powers. Both sides agree, though, that jurisdiction stripping is a powerful weapon. On this understanding, politicians, activists, and scholars throughout American history have proposed jurisdiction stripping measures …

Assessing The Sustainable Development Dimensions Of Environmental Public Policies For Protected Natural Areas In Mexico: A 1970-2018 Perspective, Cielo María Ávila López, José Israel Herrera

Journal of Maya Heritage

Abstract: This abstract discusses the challenges and issues related to the implementation of Environmental Public Policies (EPP) for Protected Natural Areas (PNA) in Mexico from 1970 to 2018. EPPs aim to achieve sustainable development by balancing economic, environmental, and social dimensions while reconciling conservation and the use of natural resources with restrictions on their use and economic compensation to communities. However, the results of this study reveal that the establishment of PNA has been unilateral and without consensus, leading to limitations on communities' use of the environment without granting them economic compensation or productive alternatives. This has resulted in conflicts …

Human Trafficking In The Americas: Comparison Of Original Source Compilation Versus Unodc Data, Ivette Avila Jimenez

Electronic Theses, Projects, and Dissertations

International human trafficking (IHT) is a type of criminal activity that involves groups and individuals who facilitate the global movement and exploitation of people, often by illegal means. Estimates show that, worldwide, there are over 25 million victims of human trafficking at any given time; however, estimates are prone to under and overcounting. Focusing on the Americas, this study compared the quality of two data sources that could be used to observe IHT. Country-to-country IHT networks generated from 9 years of researcher compiled governmental and non-governmental data (2008-2017) was compared with networks generated from data downloaded from the United Nations …

Injustice In The Field? A Look At Field Booking Arrests In A Southeastern City, Deena A. Isom, Kaitlen E. Hubbard, Hiuxuan Li

International Journal on Responsibility

Issuing citations in lieu of arrests, or field booking arrests, is touted as beneficial by reducing the costs for the criminal legal system; reducing the burdens placed on individuals by avoiding arrest records, possible pretrial detention, and financial obligations; bettering community relationships with officers; increasing officer safety and efficiency; and reducing jail overcrowding. Yet, there are still substantial concerns that the practice may be disproportionately utilized and lead to net-widening. Using data obtained from a Freedom of Information Act (FOIA) request, we assess a snapshot of field booking arrests in a Southeastern city. Specifically, we assess if there are racial …

Megaproyectos Y Su Impacto En Derechos Humanos En Una Comunidad De Origen Maya: Yaxhá, Yucatán, México., Gonzalo Manuel Herrera Canché

Journal of Maya Heritage

Abstract: The current development of extractive megaprojects in Latin American countries has had a significant impact on their societies and environments. This research addresses the issue of the impacts of extractive agricultural megaprojects on the environment, society and the economy, specifically the case of a pig farm in the community of Yaxhá, located in the municipality of Muna, Yucatán. The identified impacts are mainly attributed to the lack of strong and committed political institutions, lax environmental legislation, and the absence of an operating system, which facilitates human rights violations related to the environment, society, and access to information. In this …

Prisons And Universities: Co-Creating Curricula For Prison-University Partnerships., Michela Scalpello

Journal of Prison Education Research

This paper illustrates the approach of co-creating education where co-creation was an important aspect of the curriculum design. It makes a case for prison-university partnerships through two pedagogical case studies – one within a prison setting with a focus on soft skills acquisition and another in a Higher Education setting focusing on international criminal justice. Originating from the observations and reflections of an educator which led to a participatory action research opportunity, it asserts that actively teaching and learning together increases effective learning through better understanding and motivation, as well as giving access to the right to education regardless of …

Understanding Incarcerated Education: A Review Of The Digital And Gender Inequality Impacts Of Accessibility And Inclusivity Of Higher Education For Incarcerated Students, Bianca R. Parry Phd

Journal of Prison Education Research

Education in the correctional environment is endorsed as an effective rehabilitative tool linked to reducing recidivism and improving reintegration. Unfortunately, while researchers from the Global North are particularly active on the subject of the accessibility of digital education in corrections, the same cannot be said for the Global South. Of further concern is that few of the studies conducted have focused specifically on incarcerated women’s access to education. As discussed in the literature review to follow, research regarding higher education in corrections has the potential for expanding academics, stakeholders, and policy makers understanding of incarcerated students’ pathways towards education attainment. …

Book Review: Kings, Conquerors, Psychopaths: From Alexander To Hitler To The Corporation, Tim Bakken

Genocide Studies and Prevention: An International Journal

The book Kings, Conquerors, Psychopaths is a survey of a vast amount of human wrongdoing. It lays bare the motivations of aggressors who wish to subjugate nations or groups of people and corporate executives and government bureaucrats who make discretionary decisions that harm people. Along with cataloging mass killings by despots and soldiers, the book includes stories about Ponzi-schemers and the deaths of automobile drivers and passengers who were killed by vehicle defects known to the manufacturer. The book posits that “[p]owerful, elite forces are trying to force us backward toward a non-democratic state, one where power, wealth, and prerogative …

“He’S In Jail Now And I Don’T Feel Bad”: Analyzing Sureties’ Decisions To Report Bail Violations, Rachel Schumann, Carolyn Yule

International Journal on Responsibility

The control, supervision, and rehabilitation of criminalized people often falls on the shoulders of non-state agents and organizations. Surety bail releases are a clear embodiment of this trend, as the courts call upon relatives, friends, and employers to supervise the pre-conviction activity of people accused of a crime. According to the law, sureties must report all bail violations to the police; the resulting diffusion of responsibility is said to increase the penal state’s power and control over criminal justice-involved individuals while minimizing reputational risks. Yet how sureties carry out this role in the community remains unexplored. Using data from 36 …

Walking The Walk: Ex-Prisoners, Lived Experience, And The Delivery Of Restorative Justice, Allely Albert

Articles

Although the role of prisoners and ex-prisoners has recently received significant attention in restorative justice research, the literature typically treats them as the ‘offending’ party within restorative justice processes. This article instead focuses on ex-prisoners as facilitators of restorative justice, highlighting their ability to lead such programmes. Using a case study from Northern Ireland, the article examines the way that experiences of incarceration have directly influenced practitioners’ skills and their ability to uphold restorative justice principles. It is contended that qualities developed and honed in the prison environment ultimately translate to unique characteristics that can improve the restorative process. As …

Public Perceptions And Legal Dimensions Of Juvenile Sexting, Corey Call

Journal of Social, Behavioral, and Health Sciences

The sending of sexually explicit messages, or “sexting” has been recognized as a common practice among youths. As sexting may involve the creation and distribution of sexually explicit images and videos, juvenile sexters can be charged with offenses related to child pornography. This study examined public attitudes toward juvenile sexting and demographic influences on these views. Based on a quantitative survey of 1,023 U.S. adults, the majority of respondents (51.8%) disapproved of criminalization in cases of consensual sexting, but 80% supported legal repercussions for nonconsensual sharing. Respondents primarily favored educational interventions (67.4%) and restrictions on technology use (53.4%) over harsh …

A Comparison Of Defensiveness In Mmpi-2-Rf Profiles Of Male Sex Offenders And Child Custody Litigants, Kyla M. Jones

Theses and Dissertations

Clinical evaluations have had a long-standing role in criminal and civil legal proceedings due to the intersection between various legal criteria and aspects of psychological functioning. The Minnesota Multiphasic Personality Inventory (MMPI; Hathaway & McKinley, 1943) and its subsequent versions have been among the most commonly utilized and empirically supported measures of personality and psychopathology in assessing forensic populations. One application for which MMPI instruments have been particularly useful is in the evaluation of sex offenders. This is in part due to the tests’ built-in validity scales, as MMPI underreporting scales are found to be effective in assessing sex offenders’ …

Lighting The Way Of The Learner: Towards A Social Virtue Epistemology In Aḥmad Al-Ṣaghīr’S The Faqīh’S Lantern, Amani Khelifa

Electronic Thesis and Dissertation Repository

This thesis offers an original translation and analysis of a West African didactic poem in Islamic ethics and law, by the Mālikī-Ashʿarī Mauritanian scholar Aḥmad al-Ṣaghīr (d. 1272 AH/1856 CE) called The Faqīh’s Lantern (Miṣbāḥ al-Faqīh). In addition to the critical translation, I examine the poem thematically through the lens of social virtue epistemology. Chapter 1 sketches the background of the text and author, positioning the author historically as a product of a rich scholarly and pedagogical tradition while noting Mauritania’s contemporary place in the North American Muslim imagination. Chapter 2 is the translation of the text, making …

Challenges Of Accessibility Of A Community Heritage Tourist Route: The Route Of The Caste War, Cecilia S. Medina Martín, David E. Tamayo Torres, Margarita De A Navarro Favela, Fredi R. Un Noh

Journal of Maya Heritage

This article presents the results of an accessibility analysis of The Caste War Route (RGC), prior to its commercialization as a community heritage product. The analysis consists of a diagnosis of the resource to establish destination-planning strategies. The accessibility diagnosis goes beyond adapting physical spaces for transit, considering that the resource is accessible to all types of people, including economic, spatial and temporal accessibility, criteria on which the research focuses.

The diagnosis was prepared through a multidisciplinary investigation that collected information from different sectors with qualitative and quantitative tools that combined the recording of data and the opinion of the …

Making Your Spring Break Sustainable: Can Tourism Be A Driver For Positive Environmental Change?, Katherine Ort

Journal of Maya Heritage

The Riviera Maya has undergone rapid development in the last few decades due to increased demand for tourism, putting pressure on surrounding ecosystems and cultural sites. As demand for tourism shows no signs of decreasing, there is an ever-increasing need for effective management solutions. The town of Puerto Morelos is striving to forward sustainable tourism based on its natural and cultural assets. As a new municipality, it has the chance to shape policy from a relatively blank canvas. This study involved collecting data about the different perspectives of key stakeholders through qualitative interviews and surveys to understand if the views …

Recruitment And Retention Of Millennials And Generation Z In The Criminal Justice Field: How Do We Replenish The Ranks?, Chris Vierling

Master of Arts in Criminal Justice Leadership

The Criminal Justice field is, and has been, experiencing a drastic decrease in the number of individuals willing to take on this unique calling. This decline can be attributed to several factors, primarily concerns about safety, the current political and social environment, work schedules, and personal life influences. The purpose of this paper and research is to examine the causes of the ongoing hiring crisis in the field of Criminal Justice and propose potential solutions. Through research, several contributing factors have been identified that can help agencies at various levels recruit and retain Criminal Justice candidates. This is an ongoing …

Gender-Responsive Supervision Six Guiding Principles, Barriers, And Benefits Of Implementation, Tessa Matousek

Master of Arts in Criminal Justice Leadership

Over the years, the goals of probation have remained the same: to increase community safety and reduce recidivism; however, as the world changes, the needs of offenders have changed. Evidence-based practices are used in probation to determine risk levels and create targeted case plans. The criminal justice system has seen an increase in female offenders, which has brought up valid questions of evaluation tools and supervision practices. The quest to provide the most effective services to all offenders brings innovation, research, and change. Gender-responsive supervision is the answer to how to best serve female offenders. Change is a natural evolution, …

Understanding And Minimizing School Shootings, Taylor Hammond

Master of Arts in Criminal Justice Leadership

The unfortunate trend of school shootings is on the rise within the United States. The purpose of this paper is to describe a leadership communication plan for a school shooting situation, along with identifying the three phases of a crisis: pre-crisis, crisis response, and post-crisis. It also describes the role a probation officer plays within this topic and the importance of this person in a juvenile’s life. An unforeseen issue with school shootings is how it relates to social media. Social media can be used to bully, harass, and contact others unsolicited. It can also be used for a student …

Dna Analysis: The Answer For Unsolved Cases?, Sarah Hetchler

Master of Arts in Criminal Justice Leadership

DNA analysis has become a crucial part of solving cases. It has developed significantly since its creation in the mid-1980s. The longing for answers within unsolved cases is historically lengthy, leaving traces of distrust and injustice. Criminologists offer a potential solution to the mess created by connecting DNA analysis to protect victims and communities. DNA evidence and analysis can assist in solving cases and provide answers for exonerees. Like public genealogy websites, law enforcement agencies must acknowledge new methods to solve issues. Not only could law enforcement agencies solve and arrest suspects through DNA analysis, but DNA could also provide …

Restrictive Pursuit Policies And Rising Violent Crime, Ryan Kelly

Master of Arts in Criminal Justice Leadership

Consequences can be a driving factor for why citizens follow laws in the United States. Financial and physical freedom is valued. Citizen’s behavior may change if police officers threaten to take these things away for breaking laws. Policymakers today are working to restrict when law enforcement officers can chase criminals for breaking the law. Suppose the ability of law enforcement to hold criminals accountable is restricted. Would this not lead a reasonable person to believe that criminals may think they are free to commit crimes? This paper will cover current trends in violent crime in both the United States and …

Incorporating A Peer Support Program In A Criminal Justice Department, Joshua Gerving, Joshua J. Gerving

Master of Arts in Criminal Justice Leadership

This research aims to provide police agencies with a step-by-step guide for developing a Peer Support Program. It will address how to design the program, overcome complex changes in an agency, create a crisis communication strategy, and budget for the new specialty department. This research will address ethical and moral dilemmas a peer support member may face as they perform their duties. Furthermore, the author will present a code of conduct that will serve as the foundation of the program. The researcher will also explain how training, ethical accountability, and stewardship are crucial in making an ethical program for first …

Where Do We Go From Here? Reconsidering Crowd Management And Control In The Wake Of The George Floyd Era Of Protests., Nicholas Steiger

Master of Arts in Criminal Justice Leadership

This research evaluated police response to protests and considered crowd management and control in the wake of the George Floyd era of protests. The research reviewed the history of crowd management and control and evaluated new methods to increase police legitimacy. It proposed the adoption of the Elaborated Social Identity Model of crowd control and provided agencies with additional recommendations that may increase ethical decision-making. It proposed that forming multi-jurisdictional mobile field force teams for crowd management and control will increase the professionalism of the police and help ensure the rights and safety of those participating in First Amendment activities. …

Title: The Truth Behind A Guardian Ad Litem, Klarissa Stovall

Master of Arts in Criminal Justice Leadership

The role of a guardian ad litem is at the forefront when acknowledging the significance of the role in its entirety when considering the safety and wellbeing of a child who is a victim of abuse or neglect. Also focusing on the supportive topics including adequate training, effective communication, and safety is equally important when discussing the role of a guardian ad litem. Furthermore, being able to acknowledge the role of a guardian ad litem is extremely helpful when remembering how vital they are to the future of a child, specifically when involved in child protective services or family law. …

The Assassination Of Dr. Martin Luther King: Understanding The Criminal Behavior And Prosecution Of James Earl Ray, Scott P. Johnson

Ohio Northern University Law Review

No abstract provided.

The Case For Bail Reform, Wendy R. Calaway

Ohio Northern University Law Review

No abstract provided.

Cash Bail And Individualized Ability To Pay: The Key To Ending Ohio's Wealth-Based Detention Crisis, Patrick Higgins

Ohio Northern University Law Review

No abstract provided.

The Violation Of Transgender Prisoners: The Violent Impact Of Gender Discrimination Experienced By Incarcerated Trans People In The United States Of America, Brooklyn Jennings Mx.

Access*: Interdisciplinary Journal of Student Research and Scholarship

U.S prison reform policies such as the Prison Rape Elimination Act pacify the government and the public into believing that prisons are a less harmful place for vulnerable inmates. However, thousands of transgender inmates in the United States experience extraordinary rates of violence and discrimination for their gender identity. There are difficulties in determining exact statistics of gender-based incidents of assault due to dueling structures of legal power and questionable support from prison authorities. However, from available information, trans inmates report dehumanizing prison environments that severely impact their wellbeing. This literature draws upon the current status of incarcerated trans inmates’ …

Legal Challenges For Sustainable Development In Palestine, Ahmed Abu Drabi

An-Najah University Journal for Research - B (Humanities)

Sustainable development contributes to the development of societies, as they are an integral part of the relationships that are taking place there, which calls for the intervention of the law by the international and national branch to regulate this relationship and achieve sustainable development of its objectives. Here, the importance of the study was to highlight the legal challenges facing sustainable development in Palestine by demonstrating the extent to which legislation contributes to sustainable development and drawing the attention of those concerned to the absence of such a contribution from Palestinian legislation in order to overcome it and to work …