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Legal Studies

Selected Works

2015

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Full-Text Articles in Social and Behavioral Sciences

Traffic Stop Practices Of The Louisville Police Department: January 15 - December 31, 2001, Terry D. Edwards, Elizabeth L. Grossi, Gennaro F. Vito, Angela D. Crews Dec 2015

Traffic Stop Practices Of The Louisville Police Department: January 15 - December 31, 2001, Terry D. Edwards, Elizabeth L. Grossi, Gennaro F. Vito, Angela D. Crews

Angela Crews

This report summarizes the findings of a study conducted using data collected by the Louisville Division of Police between January 15, 2001 and December 31, 2001. These data resulted from 48,586 interactions between law enforcement officers and citizens during traffic-related contacts. Information was collected about the driver, the officer, and the stop event. Driver demographics included race, sex, age, residency, license number, and vehicle registration. The only information collected about the officer was officer badge number. Finally, data collected about the stop event include the date, time of day, reason for stop, activities during the stop, number of passengers, and …


Traffic Stop Practices Of The Louisville Police Department: January 15 - December 31, 2001, Terry D. Edwards, Elizabeth L. Grossi, Gennaro F. Vito, Angela D. Crews Dec 2015

Traffic Stop Practices Of The Louisville Police Department: January 15 - December 31, 2001, Terry D. Edwards, Elizabeth L. Grossi, Gennaro F. Vito, Angela D. Crews

Angela Crews

This report summarizes the findings of a study conducted using data collected by the Louisville Division of Police between January 15, 2001 and December 31, 2001. These data resulted from 48,586 interactions between law enforcement officers and citizens during traffic-related contacts. Information was collected about the driver, the officer, and the stop event. Driver demographics included race, sex, age, residency, license number, and vehicle registration. The only information collected about the officer was officer badge number. Finally, data collected about the stop event include the date, time of day, reason for stop, activities during the stop, number of passengers, and …


Bill Cosby, The Lustful Disposition Exception, And The Doctrine Of Chances, Wesley Oliver Nov 2015

Bill Cosby, The Lustful Disposition Exception, And The Doctrine Of Chances, Wesley Oliver

Wesley M Oliver

With the filing of criminal charges against Bill Cosby in a case involving one victim, the question attracting a great deal of attention is whether other victims will be allowed to testify for the prosecution. Yes is the likely answer but probably for the wrong reasons. Generally the prosecution is forbidden to introduce other bad acts by a defendant, but there are certain categorical exceptions. Under federal law, any prior sexual misconduct can be admitted in the prosecution of a sex crime case -- a notion that the drafters of the Federal Rules of Evidence borrowed from something called the …


Rating The Cities: Constructing A City Resilience Index For Assessing The Effect Of State And Local Laws On Long-Term Recovery From Crisis And Disaster, John Travis Marshall Nov 2015

Rating The Cities: Constructing A City Resilience Index For Assessing The Effect Of State And Local Laws On Long-Term Recovery From Crisis And Disaster, John Travis Marshall

John Travis Marshall

Superstorm Sandy, the 2008 Iowa floods, and Hurricanes Katrina and Rita all supply recent reminders that U.S. cities can no longer adopt an ad hoc approach to threats presented by climate change and natural hazards. The stories detailing long-term recovery from these disasters underscore that federal, state, and local governments are struggling to appreciate the legal tools and institutions necessary to implement the large-scale infrastructure, housing, and community development programs that climate change and more frequent natural disasters demand. This Article calls for development of a tool allowing succinct evaluation of the range of community capacities that will figure critically …


Three Voices Of Socio-Legal Studies, Malcolm M. Feeley Nov 2015

Three Voices Of Socio-Legal Studies, Malcolm M. Feeley

Malcolm Feeley

No abstract provided.


California Police Sexual Misconduct Arrest Cases, 2005-2011, Philip M. Stinson, Zachary J. Calogeras, Natalie L. Dichiro, Ryan K. Hunter Nov 2015

California Police Sexual Misconduct Arrest Cases, 2005-2011, Philip M. Stinson, Zachary J. Calogeras, Natalie L. Dichiro, Ryan K. Hunter

Philip M Stinson

This report was prepared at the request of the California Research Bureau. The data are from a larger study on police crime in the United States. Police crimes are those crimes committed by sworn law enforcement officers given the general powers of arrest at the time the offense was committed and/or at the time when the officer was arrested. These crimes can occur while the officer is on- or off-duty and include offenses committed by state, county, municipal, tribal, or special law enforcement agencies. Police crimes damage the occupational integrity of police officers, the organizational legitimacy of the employing law …


Addressing Barriers To Cultural Sensibility Learning: Lessons From Social Cognition Theory, Andrea A. Curcio Nov 2015

Addressing Barriers To Cultural Sensibility Learning: Lessons From Social Cognition Theory, Andrea A. Curcio

Andrea A. Curcio

Understanding subconscious biases, their pervasiveness, and their impact on perceptions, interactions, and analyses, helps prepare lawyers to represent people from cultural and racial backgrounds different from their own, and to address both individual and institutional injustice. Two law student surveys suggest many students believe lawyers are less susceptible than clients to having, or acting upon, stereotypes or biases. The survey results also indicate that many students suffer from bias blind spot – i.e. they believe that while others cannot recognize when they are acting based upon stereotypical beliefs and biases, the students know when they are doing so. The survey …


Abolishing Jailhouse Snitch Testimony, Russell D. Covey Nov 2015

Abolishing Jailhouse Snitch Testimony, Russell D. Covey

Russell D. Covey

Jailhouse snitch testimony is inherently unreliable. Snitches have powerful incentives to invent incriminating lies about other inmates in often well-founded hopes that such testimony will provide them with material benefits, including in many cases substantial reduction of criminal charges against them or of the time they are required to serve. At the same time, false snitch testimony is difficult, if not altogether impossible, for criminal defendants to impeach. Because such testimony usually pits the word of two individuals against one another, both of whose credibility is suspect, jurors have little ability to accurately or effectively assess or weigh the evidence. …


Intercoder Reliability Assessment Of Supplemental Document Coding In A Quantitative Content Analysis Study Of Police Crime In The United States, Raven Ory, Philip M. Stinson Nov 2015

Intercoder Reliability Assessment Of Supplemental Document Coding In A Quantitative Content Analysis Study Of Police Crime In The United States, Raven Ory, Philip M. Stinson

Philip M Stinson

Dr. Stinson maintains an object-relational research database in OnBase, Bowling Green State University’s enterprise-level content management system. An analysis of the intercoder reliability of the supplemental articles indexed in OnBase during the years 2012-2014 was conducted to determine and promote reliability among research assistants. This project is important because reliability is the hallmark of any research database, and because the institutional memory is short with annual turnover of student research assistants working in Stinson’s research group. Training recommendations are made from the findings of this study for the purpose of improving the reliability of document coding in the project object …


Addressing Barriers To Cultural Sensibility Learning: Lessons From Social Cognition Theory, Andrea A. Curcio Oct 2015

Addressing Barriers To Cultural Sensibility Learning: Lessons From Social Cognition Theory, Andrea A. Curcio

Andrea A. Curcio

Understanding subconscious biases, their pervasiveness, and their impact on perceptions, interactions, and analyses, helps prepare lawyers to represent people from cultural and racial backgrounds different from their own, and to address both individual and institutional injustice. Two law student surveys suggest many students believe lawyers are less susceptible than clients to having, or acting upon, stereotypes or biases. The survey results also indicate that many students suffer from bias blind spot – i.e. they believe that while others cannot recognize when they are acting based upon stereotypical beliefs and biases, the students know when they are doing so. The survey …


The Intelligibility Of Extralegal State Action: A General Lesson For Debates On Public Emergencies And Legality, François Tanguay-Renaud Oct 2015

The Intelligibility Of Extralegal State Action: A General Lesson For Debates On Public Emergencies And Legality, François Tanguay-Renaud

François Tanguay-Renaud

Some legal theorists deny that states can conceivably act extralegally in the sense of acting contrary to domestic law. This position finds its most robust articulation in the writings of Hans Kelsen and has more recently been taken up by David Dyzenhaus in the context of his work on emergencies and legality. This paper seeks to demystify their arguments and ultimately contend that we can intelligibly speak of the state as a legal wrongdoer or a legally unauthorized actor.


Challenges For Investigating Sex Trafficking: The Role Of Decriminalized Prostitution, Donna M. Hughes Dr., Melanie Shapiro Esq Oct 2015

Challenges For Investigating Sex Trafficking: The Role Of Decriminalized Prostitution, Donna M. Hughes Dr., Melanie Shapiro Esq

Donna M. Hughes

This presentation is a case study of challenges to investigating sex trafficking created by decriminalized prostitution. For 29 years (from 1980 to 2009) in Rhode Island, engaging in prostitution was not prohibited or regulated. Commercial sex acts were private and beyond the interest of the state. Lack of laws or regulations of prostitution created a permissive legal, economic, and cultural environment for the growth of prostitution businesses. Local police were impeded from investigating alleged sex trafficking because police had no legal cause to investigate private activities. In interviews, law enforcement officials repeatedly stated that they did not have the laws …


The More Things Change: An Analysis Of Recent Fourth Amendment Jurisprudence, Robert Vaughn Sep 2015

The More Things Change: An Analysis Of Recent Fourth Amendment Jurisprudence, Robert Vaughn

Robert Vaughn, J.D.

Perhaps no Constitutional amendment gets tried and tested more than the Fourth Amendment. Each year, thousands of criminal defendants bring legal challenges to the proceedings against them rooted in claimed Fourth Amendment violations. Changing technology and its use fuels a large part of this as new technology intersects with individual privacy in new ways. An oft heard argument in Fourth Amendment jurisprudence is that the Fourth Amendment must change in order to keep up with the progress of time and societal change. Through an analysis of recent case law examining Fourth Amendment protections and technology, this article concludes that the …


Bad Cops At Home: An Exploratory Study Of Officer-Involved Domestic Violence, Philip M. Stinson, John Liederbach Sep 2015

Bad Cops At Home: An Exploratory Study Of Officer-Involved Domestic Violence, Philip M. Stinson, John Liederbach

Philip M Stinson

Officer-involved domestic violence is a problem that should concern researchers, policymakers, the policing community, and the general public. Yet there is very little research in the area and no official data is available to discern the nature and prevalence of domestic violence in police families. Victims are reluctant to report officer-involved domestic violence and often feel helpless in the criminal justice system where the abuser is employed. This is complicated by provisions of the Lautenberg Amendment of 1996 which prohibit anyone convicted of a crime of domestic violence from carrying a firearm. This study explores 324 cases of state and …


Drunk Driving Cops: A Study Of Police Officers Arrested 2005-2010, Philip M. Stinson, John Liederbach, Natalie E. Todak, Steven L. Brewer Sep 2015

Drunk Driving Cops: A Study Of Police Officers Arrested 2005-2010, Philip M. Stinson, John Liederbach, Natalie E. Todak, Steven L. Brewer

Philip M Stinson

Police officers are generally exempt from law enforcement (Reiss, 1971) and it is widely known that police officers who drive drunk are rarely arrested, even when they are pulled over in a traffic stop for driving drunk. Using data from a larger study on police crime arrests, this is an exploratory study of 763 cases from years 2005-2010 of on- and off-duty police officers arrested for driving under the influence (DUI). The officers arrested for DUI were employed by nonfederal law enforcement agencies located in all 50 states and the District of Columbia. Preliminary findings indicate that almost half of …


Police Crime: The Criminal Behavior Of Sworn Law Enforcement Officers, Philip M. Stinson Sep 2015

Police Crime: The Criminal Behavior Of Sworn Law Enforcement Officers, Philip M. Stinson

Philip M Stinson

This essay examines the criminological conceptualizations and research on police crime, that is, the criminal behavior of sworn law enforcement officers. It starts with an overview of the conceptualization of police crime as it relates to organizational and scholarly perspectives of social deviance. Police deviance is often conceptualized to include various misconduct, corruption, and/or crime committed by police organizations and police officers. This essay focuses on police crime resulting in the arrest of a sworn law enforcement officer and is organized within a conceptual framework that incorporates five types of police crime: sex-related police crime, alcohol-related police crime, drug-related police …


Chaid Analysis Of Drug-Related Police Corruption Arrests, Philip M. Stinson, John Liederbach, Steven L. Brewer, Hans Schmalzried, Brooke E. Mathna, Krista L. Long Sep 2015

Chaid Analysis Of Drug-Related Police Corruption Arrests, Philip M. Stinson, John Liederbach, Steven L. Brewer, Hans Schmalzried, Brooke E. Mathna, Krista L. Long

Philip M Stinson

Purpose- The purpose of the study is to provide empirical data on cases of drug-related police corruption. The study identifies and describes incidents in which police officers were arrested for criminal offenses associated with drug-related corruption.

Design/methodology/approach- The study is a quantitative content analysis of news articles identified through the Google News search engine using 48 automated Google Alerts queries. Statistical analyses include classification trees to examine casual pathways between drugs and corruption.

Findings- Data are analyzed on 221 drug-related arrest cases of officers employed by police agencies throughout the United States. Findings show that drug-related corruption involves a wide …


Police Sexual Misconduct: Arrested Officers And Their Victims, Philip M. Stinson, Steven L. Brewer, Brooke E. Mathna, John Liederbach, Christine M. Englebrecht Sep 2015

Police Sexual Misconduct: Arrested Officers And Their Victims, Philip M. Stinson, Steven L. Brewer, Brooke E. Mathna, John Liederbach, Christine M. Englebrecht

Philip M Stinson

Police sexual misconduct encompasses a range of acts from less serious noncriminal behaviors to more egregious criminal behaviors including police sexual violence. Victims of sex crimes are often reluctant to report sexual abuse when the offender is a police officer. The study provides empirical data on 771 sex-related arrest cases in years 2005-2008 of 555 sworn officers at 449 nonfederal law enforcement agencies across the United States. The study identifies and describes incidents where officers were arrested for sex crimes through a quantitative content analysis of published newspaper articles and court records. Findings focus on arrested officers and their victims.


The Impact Of Disability: A Comparative Approach To Medical Resource Allocation In Public Health Emergencies, Katie Hanschke, Leslie E. Wolf, Wendy F. Hensel Jul 2015

The Impact Of Disability: A Comparative Approach To Medical Resource Allocation In Public Health Emergencies, Katie Hanschke, Leslie E. Wolf, Wendy F. Hensel

Wendy F. Hensel

It is a matter of time before the next widespread pandemic or natural disaster hits the United States (U.S.). The international response to the 2009 H1N1 influenza stands as a cautionary tale about how prepared the world is for such an emergency. Although the pandemic fortunately proved to be less severe than initially anticipated, it nevertheless resulted in shortages of medical equipment, overburdened hospitals, and preventable patient deaths, particularly among young people.

A pandemic will inevitably lead to difficult decisions about the allocation of medical resources, such as who will have priority access to ventilators and critical care beds when …


The Impact Of Disability: A Comparative Approach To Medical Resource Allocation In Public Health Emergencies, Katie Hanschke, Leslie E. Wolf, Wendy F. Hensel Jul 2015

The Impact Of Disability: A Comparative Approach To Medical Resource Allocation In Public Health Emergencies, Katie Hanschke, Leslie E. Wolf, Wendy F. Hensel

Leslie E. Wolf

It is a matter of time before the next widespread pandemic or natural disaster hits the United States (U.S.). The international response to the 2009 H1N1 influenza stands as a cautionary tale about how prepared the world is for such an emergency. Although the pandemic fortunately proved to be less severe than initially anticipated, it nevertheless resulted in shortages of medical equipment, overburdened hospitals, and preventable patient deaths, particularly among young people.

A pandemic will inevitably lead to difficult decisions about the allocation of medical resources, such as who will have priority access to ventilators and critical care beds when …


Determining Limitation Periods For Actions Arising Under Federal Statutes, Neil Sobol Jul 2015

Determining Limitation Periods For Actions Arising Under Federal Statutes, Neil Sobol

Neil L Sobol

No abstract provided.


Legislative Term Limits And State Spending, H. Abbie Erler Jun 2015

Legislative Term Limits And State Spending, H. Abbie Erler

H. Abbie Erler

Supporters of legislative term limits often claim that they will lower state spending levels. Using fiscal data from 48 states from 1977 to 2001, this paper finds little support for this assertion. Instead, this analysis finds that states with term limits have higher spending levels than states without term limits. These results suggest that term limits give legislators greater incentives to deviate from socially optimal fiscal policy by altering the legislative environment in which such policy is formulated.


The Homosexual Federal Offender: A Study Of 100 Cases, Charles E. Smith Jun 2015

The Homosexual Federal Offender: A Study Of 100 Cases, Charles E. Smith

Charles Kay Smith

No abstract provided.


Kids, Groups And Crime: Some Implications Of A Well-Known Secret, Franklin E. Zimring May 2015

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 May 2015

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

Franklin E. Zimring

No abstract provided.


Towards Security Professionalization: The Journey To Employ And Development The Future Security Professional, David J. Brooks Dr., Michael Coole Mr Apr 2015

Towards Security Professionalization: The Journey To Employ And Development The Future Security Professional, David J. Brooks Dr., Michael Coole Mr

David J Brooks Dr.

The security industry and its associated bodies believe they are moving toward professionalization; however, a sign of a true profession is the employment and development of graduates. Unlike established professionals, the security industry lacks such graduate employment and this has to change. The time where an organisation can employ an ex-police or defence person may be coming to an end as a higher professionalization is required.

Today’s modern society relies on professionals to solve complex problems, who commenced their careers as graduates from universities. However, university education impart a foundational, abstract body of knowledge that is contextualised and further developed …


Towards Security Professionalization: The Journey To Employ And Development The Future Security Professional, David J. Brooks Dr. Apr 2015

Towards Security Professionalization: The Journey To Employ And Development The Future Security Professional, David J. Brooks Dr.

David J Brooks Dr.

The security industry and its associated bodies believe they are moving toward professionalization; however, a sign of a true profession is the employment and development of graduates. Unlike established professionals, the security industry lacks such graduate employment and this has to change. The time where an organisation can employ an ex-police or defence person may be coming to an end as a higher professionalization is required. Today’s modern society relies on professionals to solve complex problems, who commenced their careers as graduates from universities. However, university education impart a foundational, abstract body of knowledge that is contextualised and further developed …


Abolishing Jailhouse Snitch Testimony, Russell D. Covey Mar 2015

Abolishing Jailhouse Snitch Testimony, Russell D. Covey

Russell D. Covey

Jailhouse snitch testimony is inherently unreliable. Snitches have powerful incentives to invent incriminating lies about other inmates in often well-founded hopes that such testimony will provide them with material benefits, including in many cases substantial reduction of criminal charges against them or of the time they are required to serve. At the same time, false snitch testimony is difficult, if not altogether impossible, for criminal defendants to impeach. Because such testimony usually pits the word of two individuals against one another, both of whose credibility is suspect, jurors have little ability to accurately or effectively assess or weigh the evidence. …


Replication Of Known Dental Characteristics In Porcine Skin: Emerging Technologies For The Imaging Specialist, L. Thomas Johnson, Thomas W. Radmer, Dean C. Jeutter, Gary L. Stafford, Joseph Thulin, Thomas Wirtz, George Corliss, Kwang W. Ahn, Alexis Visotky, Ronald L. Groffy Mar 2015

Replication Of Known Dental Characteristics In Porcine Skin: Emerging Technologies For The Imaging Specialist, L. Thomas Johnson, Thomas W. Radmer, Dean C. Jeutter, Gary L. Stafford, Joseph Thulin, Thomas Wirtz, George Corliss, Kwang W. Ahn, Alexis Visotky, Ronald L. Groffy

Gary L Stafford DMD

This study demonstrates that it is sometimes possible to replicate patterns of human teeth in pig skin and determine scientifically that a given injury pattern (bite mark) correlates with the dentitions of a very small proportion of a population dataset, e.g., 5 percent or even 1 percent. The authors recommend building on the template of this research with a sufficiently large database of samples that reflects the diverse world population. They also envision the development of a sophisticated imaging software application that enables forensic examiners to insert parameters for measurement, as well as additional methods of applying force to produce …


Violence-Related Police Crime Arrests In The United States, 2005-2011, Philip M. Stinson, Steven L. Brewer Jr, Joelle K. Bridges Mar 2015

Violence-Related Police Crime Arrests In The United States, 2005-2011, Philip M. Stinson, Steven L. Brewer Jr, Joelle K. Bridges

Philip M Stinson

This study is a quantitative content analysis of news reports and court records on 3,328 violence-related arrest cases of 2,586 individual sworn law enforcement officers during the years 2005-2011. The arrested officers were employed by 1,445 nonfederal state, local, special, constable, tribal, and regional law enforcement agencies located in 805 counties and independent cities in 49 states and the District of Columbia. Binary logistic regression and classification and regression tree (CART) analyses were conducted to predict criminal conviction in violence-related police crime arrest cases. Finding indicate that conviction of police officers on one or more offenses charged are driven by …