Social and Behavioral Sciences Commons^™

The Family Values: Is It Really About The Family? Analyzing The Family In The Egyptian Discourse Through A Sociological Lens, Taher Sabala

Theses and Dissertations

The Egyptian state has put on its shoulders the responsibility of protecting the family and its values. But how this family, in a massive society like Egypt, can be defined? In this paper, I argue that it has never been about protecting the family. However, it is an attempt to shape the citizens into small separate hives which give the State the power to gain access to the intimate details of its citizens’ lives through which they can be easily monitored, managed, and controlled. By analyzing Michel Foucault’s work on government, power, sexuality, and family, I travel through a historical …

Forgotten In Local Jails: A Carceral System Created To Fail Women., Hayley Jackey

Online Theses and Dissertations

The United States has seen an influx of incarcerated women since the 1980s with a 750% increase between 1980 and 2017. There is a substantial amount of literature about how women experience prison and the unique challenges they face as they reenter society such as motherhood, previous abuse, mental health, and housing. Conclusions drawn suggest that the current structure fails to prepare women for a society that denounces women who have been incarcerated. What is less known is how this research translates to the jail environment. For reasons to be discussed, it is likely that local jails are even less …

Prosecutorial And Judicial Decision-Making In Federal Sovereign Citizen Cases, Kyle Kaminicki

Graduate Theses and Dissertations

This study examines how ideology and extralegal factors shape prosecutorial and judicial outcomes among sovereign citizens (“sovereigns”) compared to other terrorists accused of committing non-violent crimes in the United States. This study is informed by focal concerns theory (Steffensmeier et al. 1998), which suggests that perceptions of blameworthiness, risk, and other practical implications shape prosecutorial and judicial decision-making.

Data come from the American Terrorism Study (ATS) where several measures are used including terrorist background and other extralegal factors (age, race, gender) for sovereign citizens and terrorists affiliated with other ideologies. Data on 308 sovereign citizens indicted in 158 federal court …

Patriarchy And The Structure Of Employment In Criminal Justice: Differences In The Experiences Of Men And Women Working In The Legal Profession, Corrections, And Law Enforcement, Candice Batton, Emily M. Wright

Criminology and Criminal Justice Faculty Publications

Feminist scholars have long argued that patriarchy affects the structure and organization of society as well as the lived experiences of men and women. Although often referenced in discussions of gender differences in crime and justice, few have articulated more specifically the link between patriarchy and gender differences in the experiences of men and women as victims, offenders, or workers. We take up the challenge to theorize patriarchy and examine the extent to which it operates as an organizing principle with regard to employment in the criminal justice system. We consider differences in the representation of men and women working …

Perceptions Of Justice : Views Of Jailed Defendants On Procedural And Distributive Justice, Kirstin Anne Morgan

Legacy Theses & Dissertations (2009 - 2024)

The current study examines defendant perceptions of their recent experiences in one of two criminal courts in an urban-suburban county. Forty-three interviews were conducted with jail sentenced participants, during which they were asked about the perceived fairness of the case process and outcomes, as well as their relationship with their defense attorney for the case. This study was undertaken to answer four research questions: 1) Are the concepts of procedural and distributive justice related from the defendant perspective? 2) Are perceptions of procedural justice related to satisfaction with case outcomes? 3) Are perceptions of procedural justice related to satisfaction with …

Examining The Processes Of Social Construction On Decision-Making In Domestic Violence Probation Review Hearings, Danielle M. Romain

Theses and Dissertations

In domestic violence courts, judges and other court actors are often trained on one particular model of understanding domestic violence: the Duluth model of violence as power and control. There are, however, different theories and discourses about the causes and nature of domestic violence. Further, specialized domestic violence courts, which have become more prevalent since the 1990s, employ a problem-solving approach to domestic violence, focusing on offender accountability, rehabilitation, and victim safety. Whether these courts reduce violence and increase safety is less clear. Further, limited research exists on how offenders are processed through these courts, including post-sentencing decision-making. Given the …

Ready, Set, And Go Back: The Role Of The Judiciary In Brazil’S Bingo Ban, Luiza Jobim Llm, Toni Williams

International Conference on Gambling & Risk Taking

Brazil, the host of the 2014 World Cup and the 2016 Olympics, is known for strong competitive traditions in sports and games. It is also one of only three G-20 countries (together with Saudi Arabia and Indonesia) that currently bans non-state provision of gambling products. Bingo was a notable exception to this prohibition, after enabling legislation was enacted in 1993, with the intention that proceeds would help fund national sports development. The game quickly became very popular but there were persistent questions about, and contestations over, the capacity of the regulatory framework to control the dual risks of exploitation of …

Hogg, Karen (Fa 842), Manuscripts & Folklife Archives

FA Finding Aids

Finding aid only for Folklife Archives Project 842. This collection “Same Sex Marriage and the Law: An Oral History Project” is comprised of 16 interviews with attorneys--who participated in the 2013 case of Obergefell v. Hodges that challenged Kentucky’s laws related to recognition of same-sex marriages--and couples involved in the movement who sought change and hope for equality.

Examining The Use Of Community Service Orders As Alternatives To Short Prison Sentences In Ireland, Kate O'Hara, Mary Rogan

Articles

Ireland’s highly discretionary sentencing system provides a rare opportunity to study the behaviour of judges when relatively free of externally imposed constraints. While this is so, few studies have investigated sentencing trends.

Processing Disability, Jasmine E. Harris

All Faculty Scholarship

This Article argues that the practice of holding so many adjudicative proceedings related to disability in private settings (e.g., guardianship, special education due process, civil commitment, and social security) relative to our strong normative presumption of public access to adjudication may cultivate and perpetuate stigma in contravention of the goals of inclusion and enhanced agency set forth in antidiscrimination laws. Descriptively, the law has a complicated history with disability — initially rendering disability invisible, later, legitimizing particular narratives of disability synonymous with incapacity, and, in recent history, advancing full socio-economic visibility of people with disabilities. The Americans with Disabilities Act, …

Race And Punishment: Demographic Disparities And Patterns In The Blue Earth County Court System, Aaron Guerdet, Alyssa Haugly, Kelsey Mischke

Public Sociology Publications and Projects

This study examines potential race and gender disparities in sentencing decisions in Blue Earth County, MN courts. Using qualitative field observations and a grounded theory approach, authors observed and analyzed court proceedings. In total, three researchers conducted seven weeks of observations; the final sample consisted of 95 observed court sessions, 50 of them being closed court cases. Results show little discrepancy in gender and charges and sentencing rates. Though there are racial discrepancies in charges that suggest discriminatory policing decisions, the data shows that minority members are being sentenced at a similar rate compared to white defendants. In all cases …

Disparity In Judicial Misconduct Cases: Color-Blind Diversity?, Athena D. Mutua

Journal Articles

This article presents and analyzes preliminary data on racial and gender disparities in state judicial disciplinary actions. Studies of demographic disparities in the context of judicial discipline do not exist. This paper presents a first past and preliminary look at the data collected on the issue and assembled into a database. The article is also motivated by the resistance encountered to inquiries into the demographic profile of the state bench and its judges. As such, it also tells the story of the journey undertaken to secure this information and critiques what the author terms a practice of colorblind diversity. Initially …

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.

Cheerleaders And Performers: Mental Health Courts In A Midwestern State, Monte Staton

Dissertations

"Cheerleaders and Performers: Mental Health Courts in a Midwestern State" by Monte D. Staton

This dissertation presents a statewide study focusing on a recently developed technique for dealing with persons with mental illness in the criminal justice system: mental health court (MHC). This study of nine MHC programs utilized surveys, interviews, and ethnographic observations to examine the work activities and understandings of the criminal justice and mental health professionals who administer and operate the programs in a Midwestern state. Data were analyzed by combining Goffman's dramaturgical analysis with Dorothy E. Smith's institutional ethnography. Findings reveal that MHC professionals engage in …

On The Study Of Judicial Behaviors: Of Law, Politics, Science And Humility, Stephen B. Burbank

All Faculty Scholarship

In this paper, which was prepared to help set the stage at an interdisciplinary conference held at the University of Indiana (Bloomington) in March, I first briefly review what I take to be the key events and developments in the history of the study of judicial behavior in legal scholarship, with attention to corresponding developments in political science. I identify obstacles to cooperation in the past – such as indifference, professional self-interest and methodological imperialism -- as well as precedents for cross-fertilization in the future. Second, drawing on extensive reading in the political science and legal literatures concerning judicial behavior, …

Federal Circuit Patent Precedent: An Empirical Study Of Institutional Authority And Ip Ideology, David Pekarek-Krohn, Emerson H. Tiller

Faculty Working Papers

In this paper, we aim to better understand the institutional authority of the Federal Circuit as a source of law as well as the influence of pro-patent and anti-patent ideological forces at play between the Supreme Court, Federal Circuit, and the district courts. Our specific focus is on the district courts and how they cite Federal Circuit precedent relative to Supreme Court precedent to support their decisions, whether they be pro-patent or anti-patent. Using a variety of citation approaches and statistical tests, we find that federal district courts treat the Federal Circuit as more authoritative (compared to the Supreme Court) …

Time Out, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

Recent Efforts To Make Nebraska Juries More Representative Of Their Communities, Carly Duvall, Elizabeth Neeley

Criminology and Criminal Justice Faculty Publications

According to the Minority and Justice Task Force Report (2003), “the majority of Nebraskans believe that it is important that juries reflect the racial and ethnic makeup of the community.”

A Study Of The Number, Profile And Progression Routes Of Homeless Persons Before The Court And In Custody, Mairéad Seymour, Liza Costello

Reports

Research report commissioned by the Department of Justice, Equality and Law Reform, 2005.

Two Valuable Treatises On Civil Procedure, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.

Jurisdictional Conflict And Jurisdictional Equilibration: Paths To A Via Media, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

The Feeney Amendment And The Continuing Rise Of Prosecutorial Power To Plea Bargain, Stephanos Bibas

All Faculty Scholarship

No abstract provided.

Apprendi In The States: The Virtues Of Federalism As A Structural Limit On Errors, Stephanos Bibas

All Faculty Scholarship

No abstract provided.

The Struggle For Sex Equality In Sport And The Theory Behind Title Ix, Deborah Brake

Articles

Title IX's three-part test for measuring discrimination in the provision of athletic opportunities to male and female students has generated heated controversy in recent years. In this Article, Professor Brake discusses the theoretical underpinnings behind the three-part test and offers a comprehensive justification of this theory as applied to the context of sport. She begins with an analysis of the test's relationship to other areas of sex discrimination law, concluding that, unlike most contexts, Title IX rejects formal equality as its guiding theory, adopting instead an approach that focuses on the institutional structures that subordinate girls and women in sport. …

Judicial Fact-Finding And Sentence Enhancements In A World Of Guilty Pleas, Stephanos Bibas

All Faculty Scholarship

No abstract provided.

Gender, Race, And Court Location Effects On Exceptional Sentencing In The State Of Washington, Catherine L. Drezak

Sociology & Criminal Justice Theses & Dissertations

Policy statements by the Sentencing Commission for the State of Washington emphasize that gender, race, and community ties are irrelevant to sentencing decisions. Based on prior sentencing practices, these policies carry the potential to incorporate unrecognized sentencing disparity practices into the proposed sentencing equality solution. Using Washington's sentencing data under current sentencing guideline structures, this research examined the sentencing outcomes with respect to sentences given outside the guidelines. This study was designed to address the research questions: What effect, if any, does gender have on exceptional sentence outcome? To what extent, if any, is race a factor in determining gender …

Insanity As A Defense: The Bifurcated Trial, David W. Louisell, Geoffrey Hazard

All Faculty Scholarship

No abstract provided.