Social and Behavioral Sciences Commons^™

The Political Economy Of Criminal Procedure Litigation, Anthony O'Rourke

Anthony O'Rourke

Criminal procedure has undergone several well-documented shifts in its doctrinal foundations since the Supreme Court first began to apply the Constitution’s criminal procedure protections to the States. This Article examines the ways in which the political economy of criminal litigation – specifically, the material conditions that determine which litigants are able to raise criminal procedure claims, and which of those litigants’ cases are appealed to the United States Supreme Court – has influenced these shifts. It offers a theoretical framework for understanding how the political economy of criminal litigation shapes constitutional doctrine, according to which an increase in the number …

Structural Overdelegation In Criminal Procedure, Anthony O'Rourke

Anthony O'Rourke

In function, if not in form, criminal procedure is a type of delegation. It requires courts to select constitutional objectives, and to decide how much discretionary authority to allocate to law enforcement officials in order to implement those objectives. By recognizing this process for what it is, this Article identifies a previously unseen phenomenon that inheres in the structure of criminal procedure decision-making. Criminal procedure’s decision-making structure, this Article argues, pressures the Supreme Court to delegate more discretionary authority to law enforcement officials than the Court’s constitutional objectives can justify. By definition, this systematic “overdelegation” does not result from the …

Normalizing Trepidation And Anxiety, Christine P. Bartholomew, Johanna Oreskovic

Johanna Oreskovic

No abstract provided.

Competitive Supragovernmental Regulation: How Could It Be Democratic?, Errol E. Meidinger

Errol Meidinger

This paper explores the possibility that a developing form of regulatory governance is also sketching out a new form of anticipatory regulatory democracy. 'Competitive supra-governmental regulation' is largely driven by non-state actors and is therefore commonly viewed as suffering a democracy deficit. However, because it stresses broad participation, intensive deliberative procedures, responsiveness to state law and widely accepted norms, and competition among regulatory programs to achieve effective implementation and widespread public acceptance, this form of regulation appears to stand up relatively well under generally understood criteria for democratic governance. Nonetheless, a more satisfactory evaluation will require a much better understanding …

Aggregate-Level Lead Exposure, Gun Violence, Homicide, And Rape, Brian B. Boutwell, Erik J. Nelson, Zhengmin Qian, Michael G. Vaughn, John P. Wright, John P. Wright, Kevin M. Beaver, Kevin M. Beaver, J. C. Barnes, Melissa Petkovsek, Roger Lewis, Mario Schootman, Richard Rosenfeld

Richard Rosenfeld

Police Integrity Lost Podcast Episode 43: Are Law Enforcement Officers Exempt From Law Enforcement?, Philip M. Stinson

Philip M Stinson

This episode of the Police Integrity Lost Podcast features an interview of Professor Phil Stinson by Todd Zwillich for the PRI radio show The Takeaway that originally aired on NPR on October 20, 2017.

What Counts As Domestic Violence? A Conceptual Analysis, Michelle Madden Dempsey

Michelle Madden Dempsey

This article analyzes the conceptual structure of domestic violence and critiques various influential accounts of domestic violence operating in the criminal justice system, legal and sociological academia, and the domestic violence advocacy community. Part I presents a preliminary philosophical analysis of domestic violence with the goal of furthering our understanding of the correct use of this concept. This analysis centers around three key elements of domestic violence: violence, domesticity, and structural inequality. Part II develops an explanatory model of domestic violence based upon these key elements. Part III examines and critiques four principal accounts of domestic violence, each of which …

Once Bitten, Thrice Wise: The Varying Effects Of Victimization On Routine Activities And Risk Management, J. Michael Vecchio

J. Michael Vecchio

While the relationship between offending and victimization is well established, less is understood about what contributes to the varied effects of victimization on future behavior. Drawing on qualitative interviews from a sample of at-risk men, the study explores recognized and unrecognized effects of victimization on subsequent behavior and management of lifestyle risks both within and across narratives. Findings demonstrate a range of perceived effects on behavior and risk management, with the presence or absence of substantive effects related to whether the event was both severe and directly attributable to involvement in at-risk behavior. Consequences for the victimization–termination hypothesis are discussed.

Youth Gangs: An Overview Of Key Findings And Directions For The Future, Terrance J. Taylor, J. Michael Vecchio

J. Michael Vecchio

Youth gangs have received considerable attention for many decades. Undoubtedly, their disproportionate involvement in violence is one main reason for this attention. While gang members spend most of their lives engaging in the same types of behaviors as other youth (sleeping, eating, playing video games, going to school), they are also much more likely than non-gang members to be involved in violence and other criminal activity. Indeed, scholars have often highlighted the functional nature of violence as it pertains to gangs. Gangs come in a variety of forms: prison gangs, outlaw motorcycle gangs, extremist groups, and drug trafficking organizations, among …

“Messin’ With Drugs…You Could Lose Your Life”: The Effect Of Victimization On Routine Activities And Risk Management, J. Michael Vecchio

J. Michael Vecchio

Decades of research have helped to identify that victims and offenders are not opposing parts of the crime equation (Esbensen & Huizinga, 1991), but often are intertwined as part of a homogeneous population (Lauritsen & Laub, 2007). Those with the greatest likelihood of experiencing personal or property victimization are those who report offending or substance using behaviors (Gottfredson, 1984; Jensen & Brownfield, 1986; Sampson & Lauritsen, 1990). This increased victimization risk is commonly related to the amount of time spent in situations with greater proximity to motivated offenders and a lack of supervision (Cohen & Felson, 1979; Hindelang, Gottfredson, & …

Study Methodology, Jody Miller, Mark Debarr, Hyan Namgung, J. Michael Vecchio, Stephanie Wiley

J. Michael Vecchio

Data for this investigation come from 36 qualitative in-depth interviews completed between February and April 2010. The aim of the research was to conduct a process evaluation of Gateway Foundation programming for state probation and parole clients in St. Louis and jointly produce a final report for the organization. The specific research questions focused on (1) the challenges men face as they attempt to overcome substance abuse; (2) how those challenges are related to past experiences with crime, including offending and victimization; and (3) the effectiveness of Gateway programming, from the points of view of program participants, including whether there …

Leaving The Gang: A Review And Thoughts On Future Research, Dena C. Carson, J. Michael Vecchio

J. Michael Vecchio

Researchers have examined aspects of gangs and their members for almost a century. This work, however, focuses primarily on youth prior to joining as well as during gang involvement. While comparatively less is known about the leaving processes, work in this area has been increasing in recent years. This chapter will discuss the growing body of research on the processes associated with leaving the gang. Specifically, it will review difficulties associated with defining gang desistance, theoretical perspectives on desistance, variations in motives, methods, and consequences of leaving, barriers to desistance, as well as make recommendations for policy and future research.

The Scale Of Imprisonment In The United States: Twentieth Century Patterns And Twenty-First Century Prospects, Franklin E. Zimring

Franklin E. Zimring

No abstract provided.

Reconsidering Incarceration: New Directions For Reducing Crime, Don Stemen

Don Stemen

Little empirical study had been done to confirm or refute the effectiveness of incarceration in reducing crime rates when America began its historic reliance on prisons in the 1970s. Today, conversely, policymakers are faced with a large, complex, and sometimes contradictory body of research. This paper seeks to help officials make sense of this information and offers an up-to-date understanding of what works best. It also examines research on several of the other factors that might be developed as part of an expanded notion of public safety. Informed by this more inclusive understanding of current research, it suggests that effective …

Illinois Felony Sentencing: A Retrospective, David E. Olson, Donald Stemen

Don Stemen

This research bulletin provides an overview of forces that have influenced the number of felons under the supervision of Illinois' justice system, including crime and arrest trends, sentencing policies and practices related to probation and prison sentences.

Drivers Of The Sentenced Population: Probation Analysis, David E. Olson, Donald Stemen, Sema Taheri, Michelle D. Mioduszewski

Don Stemen

The report examines trends in the number and characteristics of felony probation sentences and caseloads in Illinois, as well as short-term outcomes measures for those discharged from felony probation. The research was performed in collaboration with the Administrative Office of the Illinois Courts and the Illinois Sentencing Policy Advisory Council.

Finding The Jury: State Legislative Responses To Blakely V. Washington, Don Stemen, Daniel F. Wilhelm

Don Stemen

No abstract provided.

Aggravated Sentencing: Blakely V. Washington, Jon Wool, Don Stemen

Don Stemen

No abstract provided.

Changing Fortunes Or Changing Attitudes: Sentencing And Corrections Reforms In 2003, Jon Wool, Don Stemen

Don Stemen

No abstract provided.

An Examination Of Felony Case Processing In The Circuit Court Of Cook County, 2000-2012, Don Stemen

Don Stemen

This research bulletin provides an examination of felony cases filed in the Circuit Court of Cook County between 2000 and 2012. The examination considers trends in the volume of felony cases filed, the percent of cases disposed of within twelve months of filing, and the average length of time to dispose of cases. The analyses indicate that the number of felony cases filed in Cook County has decreased over the last decade and the percentage of felony cases disposed of within 12 months of filing has increased during the same period. However, the time to case disposition has increased -- …

Capital Punishment Reforms In Illinois: Comparing The Views Of Police, Prosecutors, And Public Defenders, Robert M. Lombardo, David Olson

David E. Olson

On 9 March 2011, Governor Patrick Quinn abolished capital punishment in Illinois stating that the state’s system of imposing the death penalty was inherently flawed. Quinn’s announcement followed an eleven-year effort to end the death penalty that began with a 2000 moratorium on executions imposed by then Governor George Ryan. This moratorium was the direct result of the appellate reversal of a series of death-row convictions. Prompted by these reversals, Ryan also created the Governor’s Commission on Capital Punishment to study the use of the death penalty in Illinois. As a result of this effort, comprehensive legislation was enacted to …

Police Integrity Lost Podcast Episode 42: Police Shootings, Tasers, And Community Efforts To Improve Police Accountability, Philip M. Stinson

Philip M Stinson

This episode of the Police Integrity Lost Podcast features an interview of Professor Phil Stinson by Eugene Puryear that originally aired on the Radio Sputnik show By Any Means Necessary on August 31, 2017.

Police Integrity Lost Podcast Episode 41: Police Body Cameras And The Planting Of Evidence, Philip M. Stinson

Philip M Stinson

This episode of the Police Integrity Lost Podcast features an interview of Professor Phil Stinson by Eugene Puryear that originally aired on the Radio Sputnik show By Any Means Necessary on August 11, 2017.

Police Integrity Lost Podcast Episode 40: Conspiring To Cover Up Police Shootings, Philip M. Stinson

Philip M Stinson

This episode of the Police Integrity Lost Podcast features an interview of Professor Phil Stinson by Eugene Puryear that originally aired on the Radio Sputnik show By Any Means Necessary on June 29, 2017.

Self Care Management In Corrections: Perspectives From Persons With An Incarceration Experience, Annette Maruca, Kimberly Dion Msn, Rn, Adrial Lobelo, Olivia Ampiah Bonney, Chunfang Chen, Kirk Sanger, Donna M. Zucker

Donna M. Zucker

Subject Files Pertaining To Miscellaneous Activities And Issues, Nicholas N. Kittrie, Arnold S. Trebach, American Society Of Criminology

Nicholas Kittrie

ASC annual meeting activities, October 30-November 2, 1975 (conference program lists first ASC panel)

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

Nicholas Kittrie

No abstract provided.

Police Integrity Lost Podcast Episode 39: Waiting On The Jury Verdict In The Trial Of Jeronimo Yanez, Philip M. Stinson

Philip M Stinson

This episode of the Police Integrity Lost podcast is a recording of an interview that originally aired live on WCCO News Radio 880 in the Minneapolis St. Paul area of Minnesota on June 15, 2017.

Police Integrity Lost Podcast Episode 38: Why Police Trials Are So Rare, Philip M. Stinson

Philip M Stinson

This episode of the Police Integrity Lost podcast originally aired live on Minnesota Public Radio on May 30, 2017.

Charging A Police Officer In Fatal Shooting Case Is Rare, And A Conviction Is Even Rarer, Philip M. Stinson

Philip M Stinson

No abstract provided.