Legal Studies Commons^™

Building The 21st Century Legal Resource Center & Law Library, Portland State University. Hatfield School Of Government. Center For Public Service, Mark G. Harmon, Shannon Grzybowski, Bryan Matthew Thompson, Stephanie Cross

Center for Public Service Publications and Reports

A Report on the Current Status of the Multnomah County’s Law Library and Recommendations for Addressing the Needs of Current Patrons.

“Decentralization Dilemma In Indonesia: Does Decentralization Breed Corruption?”, Glenys Kirana

Independent Study Project (ISP) Collection

Given the pervasiveness of corruption, collusion and nepotism during Suharto’s rule (1967-1998), many people assume that the Reformasi era (1998-present) would introduce a new wave of liberal democratic values, which would consequently reduce corruption in Indonesia. This paper seeks to look at the changes in people’s socio-political incentives to corrupt given the changes in political and legal structure, analyzing it in the context of its contribution to Indonesia’s socio-economic development. Specifically, it centers on how decentralization has affected corruption in the regional districts, legislative, judiciary, and other civil society groups. It is the prominence of the corruption issue in the …

El Crecimiento De Narcotráfico En Rosario: Violencia Disciplinada Y La Resistencia Social Frente A Este Sistema / The Growth Of Narcotrafficking In Rosario: Disciplined Violence And The Social Resistance To Resist This System, Caitlyn Yates

Independent Study Project (ISP) Collection

The theoretical framework behind drug trafficking has thus far failed to mention the relationship between the growth of narcotics trafficking and structural violence. Using Farmer’s structural violence and the Foucauldian concept of biopolitcs, this paper explains the recent growth of narcotics trafficking in Rosario, Argentina. A more holistic approach to the complexity of the drug trafficking phenomenon arises by analyzing the effects of governmental corruption, relaxed politics, the criminalization of the poor, and the recent economic boom. Though this phenomenon is rather recent, the governmental and civilian resistance has none the less mobilized. Taking the theories of Farmer and Galtung …

Federal Civil Rights Litigation Pursuant To 42 U.S.C. §1983 As A Correlate Of Police Misconduct, Philip M. Stinson, Steven L. Brewer Jr, Theresa M. Lanese, Mallorie A. Wilson

Criminal Justice Faculty Publications

Police officers acting in their official capacity are subject to being sued in federal court pursuant to 42 U.S.C. §1983 for violating constitutional rights under the color of law. Using data obtained in a larger study on police crime in the United States, names of more than 5,500 nonfederal sworn law enforcement officers who were arrested during the years 2005-2011 were checked against the civil case party master name index of the federal courts’ Public Access to Courts Electronic Records (PACER) system. Findings indicate that more than 20% of the police officers who were arrested for committing one or more …

Police Crime Arrests In The United States, 2011, Philip M. Stinson, Evin J. Carmack, Jacob M. Frankhouser, Mallorie A. Wilson

Criminal Justice Faculty Publications

Purpose – The purpose of the study is to provide empirical data on cases of police crime arrests during the year 2011. The study identifies and describes incidents in which nonfederal sworn law enforcement officers were arrested for one or more criminal offenses. Research Design & Method – The study is a quantitative content analysis of news articles identified through the Google News search engine using 48 automated Google Alerts queries. The unit of analysis in this study is criminal arrest case (not individual arrested officer). Intercoder Reliability – The Krippendorf’s alpha coefficient is strong (Krippendorf’s α = .9153) across …

Program Evaluation Of The Federal Reentry Court In The Eastern District Of Pennsylvania: Report On Program Effectiveness For The First 164 Reentry Court Participants, Caitlin J. Taylor

Sociology and Criminal Justice Faculty work

This report describes the latest evaluation of the Supervision to Aid Reentry (STAR) program (hereafter referred to as Reentry Court). The success of the Reentry Court is assessed by comparing the first 164 Reentry Court participants to a group of similarly situated individuals under supervised release. Comparisons between the two groups are analyzed in services offered or received, sanctions imposed, employment status, supervision revocation and new arrests in the 18 months following prison release.

A First Look At The Plea Deal Experiences Of Juveniles Tried In Adult Court, Tarika Daftary-Kapur, Tina Zottoli

Department of Justice Studies Faculty Scholarship and Creative Works

While there is a large body of research on the legal capacities of adolescents, this research largely has neglected the plea-deal context. To learn about adolescents’ understanding of the plea process and their appreciation of the short- and long-term consequences of accepting a plea deal, we conducted interviews with 40 juveniles who were offered plea deals in adult criminal court. Participants displayed a limited understanding of the plea process were not fully aware of their legal options and appeared to be overly influenced by the short-term benefits associated with accepting their plea deals. Limited contact with attorneys may have contributed …

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

Criminal Justice Faculty Publications

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.

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

Criminal Justice & Criminology: Faculty Publications & Other Works

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 …

Gender-Responsive Policy Development In Corrections: What We Know And Roadmaps For Change, Erica King Msw, Jillian Foley Mppm

Justice Policy

Lack of gender-informed policy creates challenges for correctional practitioners. When there is a gap between training that is evidence-based and gender-informed and what is written in policy, staff may find themselves hindered in their attempts to work toward establishing a gender-responsive environment. This policy bulletin, released in February 2015 and based on survey data and focus groups with women, is an initial step to determine the existence of gender-informed policy within correctional agencies. The findings of this bulletin provide an overview of the current state of gender-responsive policies for women and define a focus for future research, training and technical …

Lorain Police Department: A Study To Improve Patrol Deployment, Philip M. Stinson, Steven L. Brewer Jr, John Liederbach

Criminal Justice Faculty Publications

The Lorain (OH) Police Department requested research assistance from the Ohio Consortium of Crime Science (OCCS) for the purpose of evaluating and revising the current patrol districts and the allocation of resources within the districts. The OCCS is an association of researchers from universities and state agencies working together to provide evidence-based solutions to the real-world problems faced by local criminal justice agencies. The goal of the project was to evaluate and revise the current police districts and the allocation of resources within those districts. The first objective in support of the project goal was to assess calls for service, …

Introduction To The Structure And Limits Of Criminal Law, Paul H. Robinson, Joshua Samuel Barton

All Faculty Scholarship

The book The Structure and Limits of Criminal Law (Ashgate) collects and reprints classic articles on three topics: the conceptual structure of criminal law doctrine, the conduct necessary and that sufficient for criminal liability, and the offender culpability and blameworthiness necessary and that sufficient for criminal liability. The collection includes articles by H.L.A. Hart, Sanford Kadish, George Fletcher, Herbert Packer, Norval Morris, Gordon Hawkins, Andrew von Hirsch, Bernard Harcourt, Richard Wasserstrom, Andrew Simester, John Darley, Kent Greenawalt, and Paul Robinson. This essay serves as an introduction to the collection, explaining how each article fits into the larger debate and giving …

Murder Mitigation In The Fifty-Two American Jurisdictions: A Case Study In Doctrinal Interrelation Analysis, Paul H. Robinson

All Faculty Scholarship

The essay surveys the law in the fifty-two American jurisdictions with regard to the three doctrines that commonly provide a mitigation or defense to murder liability: common law provocation and its modern counterpart, extreme mental or emotional disturbance; the so-called diminished capacity defense and its modern counterpart, mental illness negating an offense element; and the insanity defense. The essay then examines the patterns among the jurisdictions in the particular formulation they adopt for the three doctrines, and the combinations in which those formulations commonly appear in different jurisdictions. After this review, the essay steps back to see what kinds of …

Prevention And Management Of Stress In Policing: A Review Of The Literature, Portland State University. Criminology And Criminal Justice Senior Capstone

Criminology and Criminal Justice Senior Capstone Project

Working as a police officer can be a rewarding job, but it can also be a stressful one. Policing is one of the few professions where individuals deal with many stressors, which exceed the usual expectations of society. Although there is no way to eliminate stress and the burnout it can cause, there are methods law enforcement agencies can utilize to help officers prevent stress from worsening and to make it more manageable. This literature review contains information to help police agencies train officers about prevention and management of stress in the workplace. It is based on 29 studies from …

A Systems Approach To Error Reduction In Criminal Justice, John Hollway

All Faculty Scholarship

The “systems approach” has been used, improved, and refined over time to improve safety and reduce errors in a variety of complex, high-risk industries, including health care, aviation, and manufacturing, among others. Such an approach targets the system for improvement rather than specific individuals within the system, and seeks to provide an environment that maximizes each participant’s ability to act safely and in a way that achieves the goals of the system. It prizes a non-punitive culture of disclosure to identify errors, gathers and applies data to understand the causes of the error, and tests systems changes to prevent future …

Assessing Sheriff’S Office Emergency And Disaster Website Communications, Philip M. Stinson, John Liederbach, L. Fleming Fallon, Hans Schmalzried

Criminal Justice Faculty Publications

Sheriff’s offices are an integral component of the public health emergency preparedness and response system in the United States. During a public health emergency or disaster, sheriff’s offices need to communicate with people affected by the event. Sheriff’s office websites are logical sources for information about disaster preparedness and response efforts. No prior research evaluates emergency preparedness and response resources available through sheriff’s office websites. The current research is a national study of sheriff’s office websites to assess the availability of information relating to emergency preparedness and response. A content analysis of 2,590 sheriff’s office website homepages was conducted to …

Commercial Sexual Exploitation Of Teens, Tamieka Meadows, Alexis Kennedy

McNair Poster Presentations

This research explores whether commercially sexually exploited children (CSEC) abuse drugs or face greater histories of abuse than their delinquent peers. This research will evaluate whether girls who are CSEC victims experience more abuse of drugs or experience more physical, emotional, or sexual abuse. The study also explores whether CSEC victims witnessed more abuse than non-CSEC victims. A survey of needs and issues facing delinquent girls was given to 130 girls between the ages of 13 to 18. Questions asked about their drug use, abuse history, and whether they witnessed abuse. This research found that many girls who are CSEC …

Police Sexual Misconduct: A National Scale Study Of Arrested Officers, Philip M. Stinson, John Liederbach, Steven L. Brewer, Brooke E. Mathna

Criminal Justice Faculty Publications

Police sexual misconduct is often considered a hidden crime that routinely goes unreported. The current study provides an empirical data on cases of sex-related police crime at law enforcement agencies across the United States. The study identifies and describes incidents where sworn law enforcement officers were arrested for one or more sex-related crimes through a quantitative content analysis of published newspaper articles and court records. The primary news information source was the Google News search engine using 48 automated Google Alerts. Data are analyzed on 548 arrest cases in the years 2005-2007 of 398 officers employed by 328 nonfederal law …

Racial Discrimination And The Death Penalty: An Analysis Of The United States' Judicial System, Jessica Recarey, Nerses Kopalyan

McNair Poster Presentations

Racial discrimination plays a role in the administration of the death penalty. This research analyzes the history, and past scholarly research, of the death penalty. The purpose of this research is to understand the correlation between racial discrimination and those sentenced to death. This study includes a literature review regarding the different aspects of the death penalty and race. Following the literature review, an analysis is performed of both previous literature and current death penalty statistics that augments the discussion of the death penalty.

Not Just Welfare Over Justice: Ethics In Forensic Consultation, Philip J. Candilis, Tess M. S. Neal

University of Nebraska Public Policy Center: Publications

The ethics of forensic professionalism is often couched in terms of competing individual and societal values. Indeed, the welfare of individuals is often secondary to the requirements of society, especially given the public nature of courts of law, forensic hospitals, jails, and prisons. We explore the weaknesses of this dichotomous approach to forensic ethics, offering an analysis of Psychology’s historical narrative especially relevant to the national security and correctional settings. We contend that a richer, more robust ethical analysis is available if practitioners consider the multiple perspectives in the forensic encounter, and acknowledge the multiple influences of personal, professional, and …

Disputed Paraphilia Diagnoses And Legal Decision Making: A Case Law Survey Of Paraphilia Nos, Nonconsent, Christopher M. King, Lindsey E. Wylie, Eve M. Brank, Kirk Heilbrun

Department of Psychology: Faculty Publications

Paraphilia diagnoses applied in forensic settings are an ongoing subject of debate among psycholegal professionals and scholars. Disagreements pertain to both means-related issues having to do with issues of diagnostic reliability and validity, and ends-related issues regarding the consequences inherent to the legal contexts in which the diagnoses arise. To provide a fresh outlook on some of the issues, the present study entailed a systematic survey of U.S. case law to investigate the history, extent, and nature of forensic uses of a controversial paraphilia diagnosis, paraphilia not otherwise specified, nonconsent. Descriptive analyses revealed that use of the diagnosis, which occurred …

Commentary: Reflections On Remorse, Stephen J. Morse

All Faculty Scholarship

This commentary on Zhong et al. begins by addressing the definition of remorse. It then primarily focuses on the relation between remorse and various justifications for punishment commonly accepted in Anglo-American jurisprudence and suggests that remorse cannot be used in a principled way in sentencing. It examines whether forensic psychiatrists have special expertise in evaluating remorse and concludes that they do not. The final section is a pessimistic meditation on sentencing disparities, which is a striking finding of Zhong et al.

The Effect Of Mental Illness Under U.S. Criminal Law, Paul H. Robinson

All Faculty Scholarship

This paper reviews the various ways in which an offender's mental illness can have an effect on liability and offense grading under American criminal law. The 52 American jurisdictions have adopted a variety of different formulations of the insanity defense. A similar diversity of views is seen in the way in which different states deal with mental illness that negates an offense culpability requirement, a bare majority of which limit a defendant's ability to introduce mental illness for this purpose. Finally, the modern successor of the common law provocation mitigation allows, in its new breadth, certain forms of mental illness …

Forfeiture Of Illegal Gains, Attempts And Implied Risk Preferences, Jonathan Klick, Murat C. Mungan

All Faculty Scholarship

In the law enforcement literature there is a presumption—supported by some experimental and econometric evidence—that criminals are more responsive to increases in the certainty than the severity of punishment. Under a general set of assumptions, this implies that criminals are risk seeking. We show that this implication is no longer valid when forfeiture of illegal gains and the possibility of unsuccessful attempts are considered. Therefore, when drawing inferences concerning offenders’ attitudes toward risk based on their responses to various punishment schemes, special attention must be paid to whether and to what extent offenders’ illegal gains can be forfeited and whether …

Gideon And The Effective Assistance Of Counsel: The Rhetoric And The Reality, David Rudovsky

All Faculty Scholarship

There is general agreement that the “promise” of Gideon has been systematically denied to large numbers of criminal defendants. In some cases, no counsel is provided; in many others, excessive caseloads and lack of resources prevent appointed counsel from providing effective assistance. Public defenders are forced to violate their ethical obligations by excessive case assignments that make it impossible for them to practice law in accordance with professional standards, to say nothing of Sixth Amendment commands. This worsening situation is caused by the failure of governmental bodies to properly fund indigent defense services and by the refusal of courts to …

Economic Interest Convergence In Downsizing Imprisonment, Spearit

Articles

This Essay employs a variation of the “interest convergence” concept to examine the competing interests at stake in downsizing imprisonment in the United States. In the last few decades, the country has become the world leader in both incarceration rates and number of inmates. Reversing these trends is a common goal of multiple parties, who advocate prison reform under different rationales. Some advocate less imprisonment as a means of tempering the disparate effects of imprisonment on individual offenders and the communities to which they return. Others support downsizing based on conservative values that favor reduced government size, spending, and interference …

Twenty Years After The Education Apocalypse: The Ongoing Fall Out From The 1994 Omnibus Crime Bill, Spearit, Mary Gould

Articles

This essay is an introduction to the 2013 National Conference on Higher Education in Prison, organized by the Saint Louis University Prison Program. It is a primer on the current state of higher education in prison, which provides a social-legal framework for the conference and the symposium essays that follow. Beginning with the recent history of the exponential growth of incarceration in the past four decades, it charts the unprecedented reliance on incarceration that, at present, distinguishes the country as a world-class punisher. It was in the middle of this shift that the 1994 Omnibus Crime Bill was born, which …