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 …

Nunca Se Olvide Del Frío Del Mármol De Las Escaleras: Una Mirada A La Recuperación Del Ex Centro Clandestino De Detención Y Tortura De Virrey Cevallos / One Never Forgets The Cold Of The Marble Stairs: A Look At The Recuperation Of Ex Clandestine Center For Detention And Torture Of Virrey Cevallos, Jamie Gagliano

Independent Study Project (ISP) Collection

After the fall of a repressive government, there is often a discussion or an attempt to repair the damage done to society by the repressive regime. Argentina for the last thirty years has been facing this discussion. The last dictatorship, a totalitarian military dictatorship, in Argentina took place between 1976 and 1983. With the return of democracy at the end of 1983, the process of healing society began, albeit in a rather limited form due to fear of sparking the military into revolt once again. In the 1990s, the discussion was almost entirely swept under the rug by the Menem …

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 …

Psychological Mechanisms Underlying Support For Juvenile Sex Offender Registry Laws: Prototypes, Moral Outrage, And Perceived Threat, Margaret C. Stevenson, Cynthia J. Najdowski, Jessica M. Salerno, Tisha R.A. Wiley, Bette L. Bottoms, Katlyn S. Farum

Psychology Faculty Scholarship

We investigated whether and how a juvenile’s history of experiencing sexual abuse affects public perceptions of juvenile sex offenders in a series of 5 studies. When asked about juvenile sex offenders in an abstract manner (Studies 1 and 2), the more participants (community members and undergraduates) believed that a history of being sexually abused as a child causes later sexually abusive behavior, the less likely they were to support sex offender registration for juveniles. Yet when participants considered specific sexual offenses, a juvenile’s history of sexual abuse was not considered to be a mitigating factor. This was true when participants …

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 …

How Secular Should Democracy Be? A Cross-Disciplinary Study Of Catholicism And Islam In Promoting Public Reason, David Ingram, David Ingram

Philosophy: Faculty Publications and Other Works

I argue that the same factors (strategic and principled) that motivated Catholicism to champion liberal democracy are the same that motivate 21^st Century Islam to do the same. I defend this claim by linking political liberalism to democratic secularism. Distinguishing institutional, political, and epistemic dimensions of democratic secularism, I show that moderate forms of political and epistemic secularism are most conducive to fostering the kind of public reasoning essential to democratic legitimacy. This demonstration draws upon the ambivalent impact of Indonesia’s Islamic parties in advancing universal social justice aims as against more sectarian policies.

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 …

From Intent To Effect: Richmond, Virginia, And The Protracted Struggle For Voting Rights, 1965–1977, Julian Maxwell Hayter

Jepson School of Leadership Studies articles, book chapters and other publications

Twelve years after the ratification of the Voting Rights Act of 1965 [VRA], Richmond, Virginia elected a historic majority black city council. The 5-4 majority quickly appointed an African American lawyer named Henry Marsh, III to the mayoralty. Marsh, a nationally celebrated civil rights litigator, was not only the city’s first black mayor, but the council election of 1977 was also Richmond’s first since 1970. In 1972, a federal district court used the VRA’s preclearance clause in Section 5 to place a moratorium on council contests. This moratorium lasted until the Supreme Court and the Department of Justice determined whether …

A Critical Corporate Profile Of Li & Fung, Robert J.S. Ross, Dana Patterson, Brendon Yadegari, Chris Wegemer

Mosakowski Institute for Public Enterprise

Behind the prominent Brand names and Retail stores of global supply chains are intermediaries who provide services to large volume buyers. A key feature of the global apparel industry is complex supply chains with many contractors and subcontractors and intense competition among factories – induced by the buyers – to reduce cost and increase speed. Over the past two decades, scholars have noted the dramatic increase of market power of international retail corporations gained at the expense of the fragmentation of centers of production. Enter Li & Fung, a Hong Kong based firm which is the largest sourcing agent in …

A Content Analysis Of Backpage.Com Advertisements In Louisville, Kentucky, Theresa C. Hayden

Faculty Scholarship

Backpage.com and Craigslist are replacing the street corner as a crime source for buying and selling of sex. “To reduce commercial sexual exploitation and enforce existing trafficking laws, communities must first recognize the extent of the problem within their local area (Janson, Mann, Marro, & Matvey, 2013, 99). In a population density study conducted in 15 major U. S. cities, it was found that males over 18 years of age who buy sex online ranged from 0.6% in San Francisco to 21.4% in Houston (Roe-Sepoqitz, Hickle, Gallagher, Smith, & Hedberg, 2013). Researchers in the Greater Cincinnati area found a high …

Abuse Of Property Right Without Political Foundations: A Response To Katz, Mitchell N. Berman

All Faculty Scholarship

In an article recently published in the Yale Law Journal, Larissa Katz defends a heterodox principle of abuse of property right pursuant to which an owner abuses her rights with respect to a thing she owns if she makes an otherwise permitted decision about how to use that thing just in order to harm others, either out of spite, or for leverage. Katz grounds that principle in a novel theory of the political foundations of the institution of property ownership. This essay argues that Katz’s political theory is implausible, but that this should not doom her preferred principle of …

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, …

An Examination Of University Speech Codes’ Constitutionality And Their Impact On High-Level Discourse, Benjamin Welch

College of Journalism and Mass Communications: Theses

The First Amendment – which guarantees the right to freedom of religion, of the press, to assemble, and petition to the government for redress of grievances – is under attack at institutions of higher learning in the United States of America. Beginning in the late 1980s, universities have crafted “speech codes” or “codes of conduct” that prohibit on campus certain forms of expression that would otherwise be constitutionally guaranteed. Examples of such polices could include prohibiting “telling a joke that conveys sexism,” or “content that may negatively affect an individual’s self-esteem.” Despite the alarming number of institutions that employ such …

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 …

Not All Women Are Mothers: Addressing The Invisibility Of Women Under The Control Of The Criminal Justice System Who Do Not Have Children, Venezia Michalsen, Jeanne Flavin

Department of Justice Studies Faculty Scholarship and Creative Works

Research has consistently shown that most women under the control of the criminal justice system are mothers. The robustness of this finding has been accompanied by a failure to consider the characteristics and needs of women without children. In this study, we examine data on 1,334 formerly incarcerated women. Findings indicate that while mothers and non-mothers share some characteristics, they differ on several others, most notably demographic profile, mental health, and timing of contacts with the criminal justice system. These results suggest a need to recognize the diversity among women offender groups, particularly when developing policies and programs need.

Research Brief: "Expedited Citizenship For Sale: Estimating The Effect Of Executive Order 13269 On Noncitizen Military Enlistments", Institute For Veterans And Military Families At Syracuse University

Institute for Veterans and Military Families

This study utilized empirical data to analyze the impact of Executive Order 13269, a recruiting strategy enacted by former president George W. Bush that provides expedited citizenship to non-citizens who join the U.S. military, and it found that there was no overall effect of the Executive Order on the number of non-citizen enlistments into the military. In practice, non-citizens interested in U.S. citizenship should consider military enlistment as an alternative to the typical path to citizenship, and both non-citizen and citizen veterans should familiarize themselves with the plethora of resources available to them. In policy, the Department of Defense might …

Effects Of Jurors’ Gender And Attitudes Toward Intellectual Disability On Judgments For Disabled Juvenile Defendants, Cynthia J. Najdowski, Bette L. Bottoms

Psychology Faculty Scholarship

Because many juvenile offenders are intellectually disabled and have their cases tried by jurors in adult criminal court, it is important to understand factors that influence jurors’ judgments in such cases. Using a mock trial methodology, we explored the relations among jurors’ gender, attitudes toward intellectual disability, and judgments in a criminal case involving an intellectually disabled 15-year-old girl accused of murder. Men mock jurors’ judgments were not influenced by their preexisting biases, but women's were: the more women favored special treatment for disabled offenders, the less likely they were to suspect the disabled juvenile was guilty and the less …

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 …

Promoting Justice, Peace, And Understanding Through Partnerships And Dialogue, Center For Peace, Democracy, And Development, University Of Massachusetts Boston

Office of Community Partnerships Posters

The Center for Peace, Democracy and Development (CPDD) promotes conflict resolution, democracy, economic development, education building, media development, and legal and judicial reform through partnerships and training programs across the globe. We offer academic and practical expertise across the spectrum of conflict management and democratic governance. Moreover, we mentor the next generation of peace and democracy builders from the UMass Boston student body who actively participate in many of our initiatives. The Restorative Justice Mediation Project (RJUMP) is a university-based program that aims to provide restorative justice services, education and training to the Suffolk County law enforcement community, department of …

Prison Poetry Group, Master Of Fine Arts Creative Writing Program, College Of Liberal Arts, University Of Massachusetts Boston, Bay State Correctional Center

Office of Community Partnerships Posters

Beginning in September 2012, a graduate student enrolled in UMass Boston’s MFA Creative Writing Program served as the volunteer instructor for a Poetry Group at Baystate Correctional Center. Through creative development and community discussion, this program, which operates during the academic year (September-May), facilitates positive behavioral change in order to eliminate violence, victimization, and recidivism.

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 …

Volume 06, Kristen Gains, Amanda Willis, Holly Backer, Monika Gutierrez, Cara O'Neal, Sara Nelson, Sasha Silberman, Jessica Beardsley, Jamie Gardner, Edward Peeples, Matthew Sakach, Tess Lione, Emily Wilkins, Kelsey Holt, Jessica Page, Jamie Clift, Charles Vancampen, Gilbert Hall, Jenny Nehrt, Kasey Dye, Amanda Tharp, Jamie Leeuwrik, Ashley Mcgee, Emily Poulin, Michael Kropf, Nick Pastore, Austin Polasky, Morgan Glasco, Laura L. Kahler, Melinda L. Edwards, Brandon C. Smith, Mariah Asbell, Cabell Edmunds, Amelia D. Perry, Alyssa Hayes, Irina Boothe, Perry Bason, James Early

Incite: The Journal of Undergraduate Scholarship

Introduction from Dean Dr. Charles Ross

Caught Between Folklore and the Cold War: The Americanization of Russian Children's Literature by Kristen Gains

Graphic Design by Amanda Willis

Graphic Design by Holly Backer

Prejudices in Swiss German Accents by Monika Gutierrez

Photography by Cara O'Neal

Photography by Sara Nelson

Edmund Tyrone's Long Journey through Night by Sasha Silberman

Photography by Jessica Beardsley

Photography by Jamie Gardner and Edward Peeples

The Republican Razor: The Guillotine as a Symbol of Equality by Jamie Clift

Graphic Design by Matthew Sakach

Genocide: The Lasting Effects of Gender Stratification in Rwanda By Tess Lione and Emily …

Applying Sex Offender Registry Laws To Juvenile Offenders: Biases Against Adolescents From Stigmatized Groups, Jessica M. Salerno, Margaret Stevenson, Cynthia J. Najdowski, Tisha R.A. Wiley, Bette L. Bottoms, Liana Peter-Hagene

Psychology Faculty Scholarship

The need to protect children from dangerous sex offenders has led to policies that require juvenile sex offenders to register on public online registries. It is important to determine the implications of these laws for the wellbeing of child victims and also for juvenile offenders on these registries. Is the application of these laws—designed for adult offenders—to juveniles appropriate, necessary, and supported by public sentiment? The chapter reviews current sex offender registration policies and psychological research addressing whether the assumptions underlying these laws are supported by research, public sentiment toward these laws, factors that might drive biases against stigmatized youth …

Promoting The Study Of Wrongful Convictions In Criminal Justice Curricula, Jessica S. Henry

Department of Justice Studies Faculty Scholarship and Creative Works

Criminal justice education promotes interdisciplinary learning, critical thinking skills, and ethical decision making. A course on wrongful convictions falls squarely within that paradigm, as it draws upon criminology, criminal justice, law, psychology, and forensic science to examine basic assumptions about the criminal justice system and the actors within it. In a wrongful convictions course, students learn to think critically about the criminal justice system, and what happens when it fails to function as it should. Students identify practice and policy reforms that improve the accuracy and reliability of the system. This article first considers the broad objectives of criminal justice …