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Full-Text Articles in Social and Behavioral Sciences

Book Review Essay: Jewish And American Law: A Comparative Study. (Vols. 1 And 2) By Samuel J. Levine, Marie A. Failinger Jan 2020

Book Review Essay: Jewish And American Law: A Comparative Study. (Vols. 1 And 2) By Samuel J. Levine, Marie A. Failinger

Touro Law Review

No abstract provided.


A Rhetorical Analysis Of Opening Statements In Trial: Reconsidering The Classical Canon Of Invention, Andrew Chandler May 2019

A Rhetorical Analysis Of Opening Statements In Trial: Reconsidering The Classical Canon Of Invention, Andrew Chandler

Undergraduate Theses

This analysis of 21 opening statements probes at current persuasive practices employed by trial attorneys through the lens of mainstream legal advice and an expanded definition of rhetorical invention – one which includes both discovery and creation. An evaluation of such practice reveals the utility, and furthermore the duty of the advocate, to draw upon an expanded realm of available arguments.


Constraint And Control, Patricia Ayres Feb 2019

Constraint And Control, Patricia Ayres

School of Arts & Sciences Theses

I have long considered themes of the body. Drawing on my knowledge as a fashion designer, I bring materials and hardware from the fashion industry into my artwork transforming and rendering them non-functional. My sculptures relate to stories of isolation, separation, and confinement. The following pages will analyze how the United States penal system controls, constrains and restricts the body through physical and psychological wounds. Furthermore, they will examine how the Catholic Church controls people’s minds and behavior through a ritualistic belief system.


Do Criminal Minds Cause Crime? Neuroscience And The Physicalism Dilemma, John A. Humbach Jan 2019

Do Criminal Minds Cause Crime? Neuroscience And The Physicalism Dilemma, John A. Humbach

Washington University Jurisprudence Review

The idea that mental states cause actions is a basic premise of criminal law. Blame and responsibility presuppose that criminal acts are products of the defendant’s mind. Yet, the assumption that mental causation exists is at odds with physicalism, the widely shared worldview that “everything is physical.” Outside of law, there is probably no field of secular study in which one can seriously assert that unseen nonmaterial forces can cause physical events. But if physicalism is true then a fundamental premise of modern criminal justice must be false, namely, that criminals deserve punishment because their crimes are the products ...


Criminalization: A Kantian View, Jason R. Steffen Jan 2019

Criminalization: A Kantian View, Jason R. Steffen

Washington University Jurisprudence Review

One problem in criminal justice theory is determining what kinds of acts ought to be criminalized. A related practical concern is the rampant overcriminalization in American law. In this Article, I propose to address both of these problems by positing a theory of criminalization based upon Immanuel Kant’s political theory. I begin by explaining Kant’s account of civic freedom. I show that free and equal citizens in a just political community must refrain from actions that violate the political freedom of other citizens. From this, I derive a definition of crime as an act that by its nature ...


Judicious Imprisonment, Gregory Jay Hall Sep 2018

Judicious Imprisonment, Gregory Jay Hall

Faculty Scholarship at Penn Law

Starting August 21, 2018, Americans incarcerated across the United States have been striking back — non-violently. Inmates with jobs are protesting slave-like wages through worker strikes and sit-ins. Inmates also call for an end to racial disparities and an increase in rehabilitation programs. Even more surprisingly, many inmates have begun hunger strikes. Inmates are protesting the numerous ills of prisons: overcrowding, inadequate health care, abysmal mental health care contributing to inmate suicide, violence, disenfranchisement of inmates, and more. While recent reforms have slightly decreased mass incarceration, the current White House administration could likely reverse this trend. President Donald Trump’s and ...


The Developing Brain: New Directions In Science, Policy, And Law, Susan Frelich Appleton, Deanna M. Barch, Anneliese M. Schaefer Jan 2018

The Developing Brain: New Directions In Science, Policy, And Law, Susan Frelich Appleton, Deanna M. Barch, Anneliese M. Schaefer

Washington University Journal of Law & Policy

No abstract provided.


Captured At The Scene: A Proposal For The Admissibility Of Visually Recorded Scene Statements From Domestic Violence Complainants In Western Australia, Benjamin Procopis Jan 2018

Captured At The Scene: A Proposal For The Admissibility Of Visually Recorded Scene Statements From Domestic Violence Complainants In Western Australia, Benjamin Procopis

Theses : Honours

In 2015, New South Wales introduced a legislative reform termed DVEC, which made admissible as evidence in chief, visually recorded statements from domestic violence complainants. Unlike other pre-recorded evidence, DVEC is captured at the scene of the incident, shortly after the event. The impetus for implementing DVEC was to overcome the issues identified with prosecuting domestic violence offences owing to the power imbalance in the relationship and the vulnerability of the complainant. In Western Australia, visually recorded statements from children and those with mental impairment are presently admissible for the same underpinning reasons. Police prosecutors and defence counsel participated in ...


The Systems Fallacy: A Genealogy And Critique Of Public Policy And Cost-Benefit Analysis, Bernard Harcourt Jan 2018

The Systems Fallacy: A Genealogy And Critique Of Public Policy And Cost-Benefit Analysis, Bernard Harcourt

Faculty Scholarship

This essay identifies the systems fallacy: the mistaken belief that systems-analytic decision-making techniques, such as cost-benefit or public policy analysis, are neutral and objective, when in fact they normatively shape political outcomes. The systems fallacy is the mistaken belief that there could be a nonnormative or scientific way to analyze and implement public policy that would not affect political values. That pretense is mistaken because the very act of conceptualizing and defining a metaphorical system, and the accompanying choice-of-scope decisions, constitute inherently normative decisions that are value laden and political in nature. The ambition of decision theorists to render policy ...


Today's Porn: Not A Constitutional Right; Not A Human Right, Patrick Trueman Jul 2017

Today's Porn: Not A Constitutional Right; Not A Human Right, Patrick Trueman

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


New Hampshire Juvenile Sex Trafficking Survivor Urges Representatives To Vote Against Decriminalized Prostitution, Darlene Pawlik, Donna M. Hughes Dr. Feb 2017

New Hampshire Juvenile Sex Trafficking Survivor Urges Representatives To Vote Against Decriminalized Prostitution, Darlene Pawlik, Donna M. Hughes Dr.

Donna M. Hughes

I am a juvenile sex trafficking survivor. I was sold here in New Hampshire and other states as well. This is happening now too. Even with a law against prostitution, the more egregious elements are prevalent. Trafficking is not separate from prostitution, it is just the darker side of the very same coin. 


Sex Industry Advocates Aim To Decriminalize Prostitution In New Hampshire, Kelly Roy-Williams, Lisa Thompson, Donna M. Hughes Dr. Feb 2017

Sex Industry Advocates Aim To Decriminalize Prostitution In New Hampshire, Kelly Roy-Williams, Lisa Thompson, Donna M. Hughes Dr.

Donna M. Hughes

There is an organized effort in New Hampshire to fully decriminalize prostitution. What that means is that all laws controlling the buying and selling of sex will be removed from the law books, making prostitution legal. Law enforcement and public officials will then have no control over if, when, and where prostitution occurs, whether it’s in massage parlors (often called spas), hotels, apartments, residences, or strip clubs. Because commercial sex will be legal, pimps and “sex workers” will be able to freely advertise prostitution services. Pimps will be able to openly recruit women and girls into prostitution, without fear ...


Women, Migration, And Prostitution In Europe: Not A Sex Work Story, Anna Zobnina Jan 2017

Women, Migration, And Prostitution In Europe: Not A Sex Work Story, Anna Zobnina

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


Effective Social Media Use By Law Enforcement Agencies: A Case Study Approach To Quantifying And Improving Efficacy And Developing Agency Best Practices, David T. Snively Dec 2016

Effective Social Media Use By Law Enforcement Agencies: A Case Study Approach To Quantifying And Improving Efficacy And Developing Agency Best Practices, David T. Snively

Master of Public Administration Practicums

In the wake of protests against law enforcement for an array of reasons, law enforcement officers and agencies have a responsibility to recognize and utilize the available mediums of communication with which they may best develop a connection to the communities they serve. Furthermore, law enforcement agencies must be informed that established, traditional methods of news dissemination – such as press conferences and printed articles – are now both ineffective and under-utilized, replaced in large part by social media live-time reports. For that reason, law enforcement agency executives must address both the responsibility to provide appropriately timed updates to critical incidents and ...


Sex Trafficking Of Women Around U.S. Military Bases In South Korea: Impact Of New U.S. Laws And Policies Since 2000, Amy Levesque, Donna M. Hughes Dr. Sep 2016

Sex Trafficking Of Women Around U.S. Military Bases In South Korea: Impact Of New U.S. Laws And Policies Since 2000, Amy Levesque, Donna M. Hughes Dr.

Donna M. Hughes

Since the Korean War and permanent stationing of U.S. troops in the Republic of Korea (ROK), U.S. servicemen stationed in the ROK have purchased sex from women trafficked domestically and across international borders to work in bars and clubs surrounding U.S. military bases. For decades, the Department of Defense (DoD) and United States Forces Korea (USFK) denied that U.S. servicemen purchased sex and did not enforce the Uniform Code of Military Justice, Article 138-34 Pandering and Prostitution, which states that buying sex is illegal and punishable by military law. The DoD and USFK did not connect ...


Ri Should Target Sex Buyers, Donna M. Hughes Dr. May 2016

Ri Should Target Sex Buyers, Donna M. Hughes Dr.

Donna M. Hughes

Men who buy sex----and they are only a small minority of men---are responsible for the crime of sex trafficking continuing to thrive. When sex traffickers find victims and coerce them into prostitution, they are serving the sex buyers, who pay them well for finding and marketing the victims to them.

For years, analysts have studied sex trafficking to determine the best way to combat this modern form of slavery. Today, a consensus is forming among advocates and law enforcement that to combat sex trafficking, the focus has to be on men who buy sex as much as on the pimps ...


The Political Implications Of Felon Disenfranchisement Laws In The United States, Katharine G. Connaughton Jan 2016

The Political Implications Of Felon Disenfranchisement Laws In The United States, Katharine G. Connaughton

CMC Senior Theses

This empirical study analyzes the political implications for presidential election outcomes that stem from varying felon disenfranchisement laws within the United States. In the past decade incarceration rates have drastically increased, consequently augmenting the disenfranchised population. This paper focuses on presidential election outcomes and state political party majorities in the election years 2000, 2004, 2008, and 2012. I use demographic characteristics to calibrate assumptions for voter turnout and political party choice among the disenfranchised populations within each state. I then apply these voting populations to historical election outcomes and find that three state political party outcomes change, as well as ...


Impact Of The “Nirbhaya” Rape Case: Isolated Phenomenon Or Social Change?, Tina P. Lapsia May 2015

Impact Of The “Nirbhaya” Rape Case: Isolated Phenomenon Or Social Change?, Tina P. Lapsia

Honors Scholar Theses

In December 2012, a twenty-three year old college student, who was given the pseudonym “Nirbhaya” (“fearless”), was fatally gang-raped on a private bus in Delhi, India, galvanizing the country to swiftly adopt new legislative measures and catapulting the issue of violence against women in India into the international spotlight. Although assault and rape cases have made India infamous for its high volume of crimes against women, the reaction to this particular incident was much different from before. This paper investigates whether the governmental and societal responses represent social change, as indicated by changing attitudes towards violence against women in India ...


Reasonable Rage: The Problem With Stereotypes In Provocation Cases, Nicole A.K. Matlock Jan 2014

Reasonable Rage: The Problem With Stereotypes In Provocation Cases, Nicole A.K. Matlock

Washington University Jurisprudence Review

No abstract provided.


Confined To A Narrative: Approaching Rape Shield Laws Through Legal Narratology, Kathryn C. Swiss Jan 2014

Confined To A Narrative: Approaching Rape Shield Laws Through Legal Narratology, Kathryn C. Swiss

Washington University Jurisprudence Review

No abstract provided.


The Newest Jim Crow And The Incarceration Of Black Males, Edward Earl Bell May 2012

The Newest Jim Crow And The Incarceration Of Black Males, Edward Earl Bell

Dr. Edward E. Bell

Black males are in jail. Are "we" to blame? The New Jim Crow is alive.


Terrorism And The Law: Show Trials And Why The Show Must Go On, Ibpp Editor Apr 2010

Terrorism And The Law: Show Trials And Why The Show Must Go On, Ibpp Editor

International Bulletin of Political Psychology

The author discusses the nature and meaning of terrorism trials during the United States’ war on terror.


Men Still Visiting Brothels, Melanie Shapiro Esq, Donna M. Hughes Dr. Mar 2010

Men Still Visiting Brothels, Melanie Shapiro Esq, Donna M. Hughes Dr.

Donna M. Hughes

Wednesday night, I gave a talk at Brown University, as part of the Human Trafficking Awareness Week. After the talk, I stopped for a coffee on Atwells Avenue on the way home. One Spa, an illegal spa-brothel, is next door to the coffee shop and just above the office of the Federal Hill Gazette. From the time I got out of my car and returned with my coffee, I saw three men go into the brothel—one white man in his late thirties dressed in carpenter pants, a flannel shirt, and baseball cap, one older balding white man with glasses ...


The Citizens Were Heard, Donna M. Hughes Dr. Oct 2009

The Citizens Were Heard, Donna M. Hughes Dr.

Donna M. Hughes

Congratulations to the citizens of Rhode Island and national anti-trafficking advocates for the legislative victory in Rhode Island. This past week, the Rhode Island Assembly passed an unprecedented pieces of legislation that will protect victims from sex industry predators and give law enforcement the tools they need to arrest pimps, traffickers, and “johns.” 


Testimony On Prostitution Bill, Senate Judiciary Committee, Oct 2009, Donna M. Hughes Dr. Oct 2009

Testimony On Prostitution Bill, Senate Judiciary Committee, Oct 2009, Donna M. Hughes Dr.

Donna M. Hughes

I am here to support a bill that will give Rhode Island the prostitution law it needs to combat the growing sex industry and sex trafficking. 

Many letters and reports have been written describing the problems that decriminalized prostitution has created for Rhode Island. We know that women from foreign countries are here in the spa-brothels. We know that U.S teens are trafficked here from other states. We know there is much evidence of sex trafficking in the Asian spa-brothels and strip clubs. 


Testimony For Trafficking Bill, Rhode Island House Judiciary Committee, Oct 2009, Donna M. Hughes Dr. Oct 2009

Testimony For Trafficking Bill, Rhode Island House Judiciary Committee, Oct 2009, Donna M. Hughes Dr.

Donna M. Hughes

I am here to support a trafficking bill that will do two things: 
1) Criminalize forced labor as a form of human trafficking. 
2) Make it easier to prosecute sex trafficking of minors by removing the requirement to prove force, fraud, or coercion. 


Senators' Prostitution Bill Is A Sham, Donna M. Hughes Dr. Sep 2009

Senators' Prostitution Bill Is A Sham, Donna M. Hughes Dr.

Donna M. Hughes

RHODE ISLAND needs a good prostitution law to halt the metastasizing problems of prostitution and sex trafficking. The growing number of spas and clubs are sordid destinations for foreign women and teens from around the Northeast. To address this problem, both the House and the Senate have passed bills they claim “close the loophole.” But the competing bills are profoundly different in their probable effectiveness. 


Speak Your Voice On Prostitution Bill, Donna L. Landry, Donna M. Hughes Dr. Aug 2009

Speak Your Voice On Prostitution Bill, Donna L. Landry, Donna M. Hughes Dr.

Donna M. Hughes

Now is the time to speak your voice and urge your Senator to pass the House bill H5044A. Now is the time to close the loophole of indoor prostitution in Rhode Island. Negotiations are ongoing, so please write letters to your senator and circulate petitions now. 


Sex Radicals Target Rhode Island, Margaret Brooks, Donna M. Hughes Dr. Aug 2009

Sex Radicals Target Rhode Island, Margaret Brooks, Donna M. Hughes Dr.

Donna M. Hughes

Citizens Against Trafficking responds to the letter from 50 academics who support the status quo of decriminalized prostitution (indoors) in Rhode Island.On July 31, 2009, a letter co‐authored by Ronald Weitzer and Elizabeth Anne Wood and signed by 48 other “members of the academic community” was sent to the Rhode Island General
Assembly opposing any bill banning prostitution indoors.


The Obstructionism Of Senator Paul Jabour, Donna M. Hughes Dr. Jul 2009

The Obstructionism Of Senator Paul Jabour, Donna M. Hughes Dr.

Donna M. Hughes

“I am disappointed in the last minute amendments [to the prostitution bill]. For Senator Jabour “to suggest that after all we have suffered through, with the way we are perceived as a state and the [lack of] tools we need in a court room; to suggest that [prostitution] is a violation, something like a traffic ticket, is a woeful decision. [Jabour’s amendments] are “what derailed [the prostitution bill] in the last week.” – Attorney General Patrick Lynch, on Channel 10 News Conference, July 12, 2009

Against all logic and political wisdom, in the closing weeks of the Assembly session last ...