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Full-Text Articles in Criminology and Criminal Justice
The Trouble With Numbers: Difficult Decision Making In Identifying Right-Wing Terrorism Cases. An Investigative Look At Open Source Social Scientific And Legal Data, Daniela Peterka-Benton, Francesca Laguardia
The Trouble With Numbers: Difficult Decision Making In Identifying Right-Wing Terrorism Cases. An Investigative Look At Open Source Social Scientific And Legal Data, Daniela Peterka-Benton, Francesca Laguardia
Department of Justice Studies Faculty Scholarship and Creative Works
Terrorism research has gained much traction since the 9/11 attacks, but some sub genres of terrorism, such as right-wing terrorism, have remained under-studied areas. Unsurprisingly data sources to study these phenomena are scarce and frequently face unique data collection obstacles. This paper explores five major, social-scientific terrorism databases in regards to data on right-wing terrorist events. The paper also provides an in-depth examination of the utilization of criminal legal proceedings to research right-wing terrorist acts. Lastly, legal case databases are introduced and discussed to show the lack of available court information and case proceedings in regards to right-wing terrorism.
How Perpetrator Identity (Sometimes) Influences Media Framing Attacks As “Terrorism” Or “Mental Illness”, Allison E. Betus, Erin M. Kearns, Anthony F. Lemieux
How Perpetrator Identity (Sometimes) Influences Media Framing Attacks As “Terrorism” Or “Mental Illness”, Allison E. Betus, Erin M. Kearns, Anthony F. Lemieux
Criminology and Criminal Justice Faculty Publications
Do media frame attacks with Muslim perpetrators as “terrorism” and attacks with White perpetrators as the result of “mental illness”? Despite public speculation and limited academic work with relatively small subsets of cases, there have been no systematic analyses of potential biases in how media frame terrorism. We addressed this gap by examining the text of print news coverage of all terrorist attacks in the United States between 2006 and 2015. Controlling for fatalities, affiliation with a group, and existing mental illness, the odds that an article references terrorism are approximately five times greater for a Muslim versus a non-Muslim …
When To Take Credit For Terrorism? A Cross-National Examination Of Claims And Attributions, Erin M. Kearns
When To Take Credit For Terrorism? A Cross-National Examination Of Claims And Attributions, Erin M. Kearns
Criminology and Criminal Justice Faculty Publications
Rationalist research expects that groups claim credit for terrorism. Yet, the vast majority of attacks are not claimed. Of the unclaimed attacks, about half are attributed to a specific group. What factors impact claiming decisions? While extant literature largely treats claiming as binary—either claimed or not—the present study disaggregates claiming decisions further to also consider attacks with attributions of credit but no claim, using data from 160 countries between 1998 and 2016. Both attack-level and situational factors impact claiming decisions. Disaggregating claiming behavior shows meaningful differences. Specifically, competitive environments and suicide attacks increase claims but not attributions. Higher fatalities in …
The Nonexceptionalism Thesis: How Post-9/11 Criminal Justice Measures Fit In Broader Criminal Justice, Francesca Laguardia
The Nonexceptionalism Thesis: How Post-9/11 Criminal Justice Measures Fit In Broader Criminal Justice, Francesca Laguardia
Department of Justice Studies Faculty Scholarship and Creative Works
Contrary to the assumption that ‘‘9/11 changed everything,’’ post-2001 criminal justice practices in the area of terrorism show a surprising consistency with pre-2001 criminal justice practices. This article relies on an analysis of over 300 terrorism prosecutions between 2001 and 2010, as well as twenty full trial transcripts, content-coding, and traditional legal analysis, to show the continuity of criminal justice over this time in regard to some of the most controversial supposed developments. This continuity belies the common assumption that current extreme policies and limitations on the due process are a panicked response to the terror attacks of 2001. On …
The Nonexceptionalism Thesis: How Post-9/11 Criminal Justice Measures Fit In Broader Criminal Justice, Francesca Laguardia
The Nonexceptionalism Thesis: How Post-9/11 Criminal Justice Measures Fit In Broader Criminal Justice, Francesca Laguardia
Department of Justice Studies Faculty Scholarship and Creative Works
Contrary to the assumption that ‘‘9/11 changed everything,’’ post-2001 criminal justice practices in the area of terrorism show a surprising consistency with pre-2001 criminal justice practices. This article relies on an analysis of over 300 terrorism prosecutions between 2001 and 2010, as well as twenty full trial transcripts, content coding, and traditional legal analysis, to show the continuity of criminal justice over this time in regard to some of the most controversial supposed developments. This continuity belies the common assumption that current extreme policies and limitations on due process are a panicked response to the terror attacks of 2001. To …
Imagining The Unimaginable: Torture And The Criminal Law, Francesca Laguardia
Imagining The Unimaginable: Torture And The Criminal Law, Francesca Laguardia
Department of Justice Studies Faculty Scholarship and Creative Works
This article examines the use of torture by the U.S. government in the context of the late 20th-century preventive turn in criminal justice. Challenging the assumption that the use of “enhanced interrogation tactics” in the war on terror was an exceptional deviation from accepted norms, this article suggests that this deviation began decades before the terror attacks, in the context of conventional criminal procedure. I point to the use of the “ticking time bomb hypothetical,” and its connection to criminal procedure’s “kidnapping hypothetical.” Using case law and criminal procedure textbooks I trace the employment of that narrative over several decades, …
Natural Law & Lawlessness: Modern Lessons From Pirates, Lepers, Eskimos, And Survivors, Paul H. Robinson
Natural Law & Lawlessness: Modern Lessons From Pirates, Lepers, Eskimos, And Survivors, Paul H. Robinson
All Faculty Scholarship
The natural experiments of history present an opportunity to test Hobbes' view of government and law as the wellspring of social order. Groups have found themselves in a wide variety of situations in which no governmental law existed, from shipwrecks to gold mining camps to failed states. Yet the wide variety of situations show common patterns among the groups in their responses to their often difficult circumstances. Rather than survival of the fittest, a more common reaction is social cooperation and a commitment to fairness and justice, although both can be subverted in certain predictable ways. The absent-law situations also …
Law Enforcement And Intelligence Gathering In Muslim And Immigrant Communities After 9/11, David A. Harris
Law Enforcement And Intelligence Gathering In Muslim And Immigrant Communities After 9/11, David A. Harris
Articles
Since the attacks of September 11, 2001, law enforcement agencies have actively sought partnerships with Muslim communities in the U.S. Consistent with community-based policing, these partnerships are designed to persuade members of these communities to share information about possible extremist activity. These cooperative efforts have borne fruit, resulting in important anti-terrorism prosecutions. But during the past several years, law enforcement has begun to use another tactic simultaneously: the FBI and some police departments have placed informants in mosques and other religious institutions to gather intelligence. The government justifies this by asserting that it must take a pro-active stance in order …
Chapter One: Migration And Radicalization In The Age Of Covid-19, Gabriel Rubin
Chapter One: Migration And Radicalization In The Age Of Covid-19, Gabriel Rubin
Department of Justice Studies Faculty Scholarship and Creative Works
How do we flatten the radicalization curve? How do we quell the millions of people disaffected by their new societies or by the changes to their old ones? In 2020, with covid-19 running rampant, trends regarding migration and radicalization took a backseat. But migration and the reactions it causes in host societies a critically important issues for our post-pandemic world. As migrants move to new lands, they are subjected to accusations of being radicals and criminals, and are blamed for extremist nationalist violence on the part of their hosts. The politics of migration have pulled some democracies into illiberalism and …