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Feminism And The Carceral State: Gender-Responsive Justice, Community Accountability, And The Epistemology Of Antiviolence, Brady T. Heiner, Sarah K. Tyson 2017 California State University, Fullerton

Feminism And The Carceral State: Gender-Responsive Justice, Community Accountability, And The Epistemology Of Antiviolence, Brady T. Heiner, Sarah K. Tyson

Feminist Philosophy Quarterly

Building on recent feminist scholarship on the complicity of feminist antiviolence movements in the build-up of mass incarceration, this essay analyzes the epistemic occupation of feminist antiviolence work by carceral logic, taking the Gender-Responsive Justice and Community Accountability movements as countervailing examples. Both strategies claim to be a feminist response to violence. Gender-Responsive Justice arises from feminist criminology and has genealogical roots in the American prison reformatory movement. Community Accountability stems from grassroots intersectional and decolonial feminisms that are fundamentally at odds with the professionalization and state-centrism of the mainstream antiviolence movement. We argue that Gender-Responsive Justice is a form ...


Search, Seizure And The Positive Law: Expectations Of Privacy Outside The Fourth Amendment, Daniel B. Yeager 2017 Selected Works

Search, Seizure And The Positive Law: Expectations Of Privacy Outside The Fourth Amendment, Daniel B. Yeager

Daniel B. Yeager

No abstract provided.


Social Psychology Of Public Defenders: A Qualitative Study, Michael W. Firmin, Kari E. Barnhill, Hannah W. Foster, Ying-Ruey Chuang, D. Elise Lawrence 2017 Cedarville University

Social Psychology Of Public Defenders: A Qualitative Study, Michael W. Firmin, Kari E. Barnhill, Hannah W. Foster, Ying-Ruey Chuang, D. Elise Lawrence

Michael W. Firmin, Ph.D.

The right to an attorney is a one to which all U.S. citizens are entitled, in conjunction with the constitution's sixth amendment. Difficulty arose when people who were unable to provide necessary funds to hire a lawyer and, subsequently, went into trial pro se. Resolution was met with the creation of the public defense system -- a system which is unfortunately understudied, and sometimes regarded in a negative light, including a negative perception that public defense is a broken system. This belief sometimes bleeds into the minds of potential clients who may believe a public defender is not sufficiently ...


Trigger Crimes & Social Progress: The Tragedy-Outrage-Reform Dynamic In America, Paul H. Robinson, Sarah M. Robinson 2017 University of Pennsylvania Law School

Trigger Crimes & Social Progress: The Tragedy-Outrage-Reform Dynamic In America, Paul H. Robinson, Sarah M. Robinson

Faculty Scholarship

Can a crime make our world better? Crimes are the worst of humanity’s wrongs but, oddly, they sometimes do more than anything else to improve our lives. It is often the outrageousness itself that does the work. Ordinary crimes are accepted as the background noise of everyday existence but some crimes make people stop and take notice – because they are so outrageous or so heart-wrenching.

This brief essay explores the dynamic of tragedy, outrage, and reform, illustrating how certain kinds of crimes can trigger real social progress. Several dozen such “trigger crimes” are identified but four in particular are ...


Childhood Victimization Pathways And Violent Extremism, Michael K. Logan 2017 University of Nebraska at Omaha

Childhood Victimization Pathways And Violent Extremism, Michael K. Logan

Student Research and Creative Activity Fair

The current study elaborates on childhood victimization as a nonideological risk-factor for participation in violent extremism. In particular, we focus on contextualizing the early lives of a sample of former members of violent White supremacist groups (n = 44). Data were collected through life-history interviews and analyzed using a modified grounded theory approach. The findings indicate that there are three distinct victimization pathways characterize the early lives of our sample: (a) living in a dangerous family, (b) residing in a dangerous community, and (c) living in an unstable, chaotic family environment. These victimization pathways provide further insight into the “cascading effects ...


Engaging Users: Enabling Data Analysis, James M. Hopkins 2017 University of Nebraska at Omaha

Engaging Users: Enabling Data Analysis, James M. Hopkins

Student Research and Creative Activity Fair

The challenge in many data collection/analysis efforts is that of engaging users to participate. The Juvenile Case Management System (JCMS) project is a solution to that challenge. JCMS is developed in a collaborative effort between the Juvenile Justice Institute (JJI), the Nebraska Crime Commission, and the Public Health Informatics Research Lab.

Information systems must engage their users to be effective. This research investigates engaging users to interact with information systems and improve data collection for analysis.

The JCMS platform provides a web-based, centralized, database system to users working across the state of Nebraska. By involving users in system and ...


Rationing Criminal Justice, Richard A. Bierschbach, Stephanos Bibas 2017 Cardozo Law School

Rationing Criminal Justice, Richard A. Bierschbach, Stephanos Bibas

Faculty Scholarship

Of the many diagnoses of American criminal justice’s ills, few focus on externalities. Yet American criminal justice systematically overpunishes in large part because few mechanisms exist to force consideration of the full social costs of criminal justice interventions. Actors often lack good information or incentives to minimize the harms they impose. Part of the problem is structural: criminal justice is fragmented vertically among governments, horizontally among agencies, and individually among self-interested actors. Part is a matter of focus: doctrinally and pragmatically, actors overwhelmingly view each case as an isolated, short-term transaction to the exclusion of broader, long-term, and aggregate ...


Neuroscience Evidence In Forensic Contexts: Ethical Concerns, Stephen J. Morse 2017 University of Pennsylvania Law School

Neuroscience Evidence In Forensic Contexts: Ethical Concerns, Stephen J. Morse

Faculty Scholarship

This is a chapter in a volume, Ethics Dilemmas in Forensic Psychiatry and Psychology Practice, edited by Ezra E. H. Griffith, M.D. and to be published by Columbia University Press. The chapter addresses whether the use of new neuroscience techniques, especially non-invasive functional magnetic resonance imaging (fMRI) and the data from studies employing them raise new ethical issues for forensic psychiatrists and psychologists. The implicit thesis throughout is that if the legal questions, the limits of the new techniques and the relevance of neuroscience to law are properly understood, no new ethical issues are raised. A major ethical lapse ...


Introduction: Lynching, Incarceration’S Cousin: From Till To Trayvon, Barbara Lewis 2017 University of Massachusetts Boston

Introduction: Lynching, Incarceration’S Cousin: From Till To Trayvon, Barbara Lewis

Barbara Lewis

The wholesale criminalizing of the black male has been much in the news, put there by the Trayvon Martin case and the Florida verdict. (Incidentally, even though we don’t often think of it, Florida was where the first African slaves were installed in America, back in the 1500s in the city of St. Augustine.) As an academic, which, loosely translated means that I often bury my head between the covers of a book trying to figure out one thing or another, I am thought of as someone who is cautious and circumspect in what I think and write, but ...


Crime Stats Should Inform The Public: Trump Is Misusing Them To Scare Us Instead, Philip M. Stinson 2017 Bowling Green State University - Main Campus

Crime Stats Should Inform The Public: Trump Is Misusing Them To Scare Us Instead, Philip M. Stinson

Criminal Justice Faculty Publications

No abstract provided.


The Legitimacy Of Global Legal Governance: Institutional Power And Human Rights Bias In International Criminal Justice, Martin J. Burke 2017 The Graduate Center, City University of New York

The Legitimacy Of Global Legal Governance: Institutional Power And Human Rights Bias In International Criminal Justice, Martin J. Burke

All Graduate Works by Year: Dissertations, Theses, and Capstone Projects

As global legal governance institutions exercise increasing coercive power, including through the prosecution and incarceration of individuals, such institutions require greater legitimacy. An essential but often overlooked source is the right of the accused in mass-atrocity trials to effective legal protection, which constitutes a “legal legitimacy” based on liberal norms of criminal justice. The two most important sources of legal legitimacy are: “legality,” that is, the non-retroactive enforcement of crimes and punishment; and “defense parity,” institutional and procedural guarantees of substantive equality between the defense and prosecution before and during trial. The dissertation argues that the implementation of defendant rights ...


Masculinity And Disproportionate Risk Of Contact With The Criminal Justice System: Findings From A Select Sample Of Low-Income Black Males In New York City, Michael G. Pass 2017 The Graduate Center, City University of New York

Masculinity And Disproportionate Risk Of Contact With The Criminal Justice System: Findings From A Select Sample Of Low-Income Black Males In New York City, Michael G. Pass

All Graduate Works by Year: Dissertations, Theses, and Capstone Projects

Official statistics document that Black males experience disproportionate contact with the criminal justice system (CJS). Existing theory and research suggest that this contact may be attributed to unique attributes of Black masculine behavior. Utilizing a meta-analysis of Black masculinity studies and content analysis of narratives from a select sample of Black males, ages 19-50, the current study examines the similarities and differences between the construction and performance of normative or traditional masculinity, as measured by Mahalik et als’ CMNI and the attributes of Black masculinity as defined in the literature. A goal of the study was to assess whether Black ...


Ideology, Race, And The Death Penalty: "Lies, Damn Lies, And Statistics" In Advocacy Research, Anthony Walsh, Virginia Hatch 2017 Boise State University

Ideology, Race, And The Death Penalty: "Lies, Damn Lies, And Statistics" In Advocacy Research, Anthony Walsh, Virginia Hatch

Journal of Ideology

We use the literature on race in death penalty to illustrate the hold that ideology has on researchers and journalists alike when a social issue is charged with emotional content. We note particularly how statistical evidence become misinterpreted in ways that support a particular ideology, either because of innumeracy or because—subconsciously or otherwise—one’s ideology precludes a critical analysis. We note that because white defendants are now proportionately more likely to receive the death penalty and to be executed than black defendants that the argument has shifted from a defendant-based to a victim-based one. We examine studies based ...


Social Relationships In Young Offenders: Relevance To Peers, Poverty, And Psychological Adjustment, Victoria Sabo 2017 The University of Western Ontario

Social Relationships In Young Offenders: Relevance To Peers, Poverty, And Psychological Adjustment, Victoria Sabo

Electronic Thesis and Dissertation Repository

The increasing influence of peers in adolescence is related to a developing array of skills, aspirations, attitudes, and behaviours. The nature and magnitude of this influence and the potential association of certain youth with deviant peers is among the most prominent risk factors in predicting youth crime. This becomes of greater concern for economically disadvantaged youth, whose neighbourhoods harbour greater susceptibility to negative peer influence. With social affiliations at the forefront of youth development and criminality, research efforts need to further characterize the nature, constitution, and influence of peers on adolescent offending. Two hundred and eighty-one Canadian youth were sampled ...


Exploring Mental Health In Justice Involved Youth: Relevance For Policy And Practice, Angelina Sarah MacLellan 2017 The University of Western Ontario

Exploring Mental Health In Justice Involved Youth: Relevance For Policy And Practice, Angelina Sarah Maclellan

Electronic Thesis and Dissertation Repository

Over the past two decades, awareness of the prevalence of mental health problems in young offenders (ages 12 to 17 years) has grown, with estimates suggesting significantly higher rates compared to the general population. While experiencing poverty does not cause crime, recent research drawing from the Social Psychology of Crime suggests that individuals who experience poverty tend to live in adverse social environments, which can facilitate exposure to modeling and/or reinforcement that is related to antisocial behaviour. In the present study, archival data were drawn from 281 young offenders’ files from an urban-based court clinic to examine how the ...


Strict Liability's Criminogenic Effect, Paul H. Robinson 2017 University of Pennsylvania Law School

Strict Liability's Criminogenic Effect, Paul H. Robinson

Faculty Scholarship

It is easy to understand the apparent appeal of strict liability to policymakers and legal reformers seeking to reduce crime: if the criminal law can do away with its traditional culpability requirement, it can increase the likelihood of conviction and punishment of those who engage in prohibited conduct or bring about prohibited harm or evil. And such an increase in punishment rate can enhance the crime-control effectiveness of a system built upon general deterrence or incapacitation of the dangerous. Similar arguments support the use of criminal liability for regulatory offenses. Greater punishment rates suggest greater compliance.

But this analysis fails ...


Mapping American Criminal Law Variations Across The 50 States: Ch. 14 Insanity Defense, Paul H. Robinson, Tyler Scot Williams 2017 University of Pennsylvania Law School

Mapping American Criminal Law Variations Across The 50 States: Ch. 14 Insanity Defense, Paul H. Robinson, Tyler Scot Williams

Faculty Scholarship

It is common for criminal law scholars from outside the United States to discuss the “American rule” and compare it to the rule of other countries. As this volume makes clear, however, there is no such thing as an “American rule.” Because each of the states, plus the District of Columbia and the federal system, have their own criminal law, there are fifty-two American criminal codes.

American criminal law scholars know this, of course, but they too commonly speak of the “general rule” as if it reflects some consensus or near consensus position among the states. But the truth is ...


Mapping American Criminal Law Variations Across The 50 States: Ch. 20 Statutory Rape, Paul H. Robinson, Tyler Scot Williams 2017 University of Pennsylvania Law School

Mapping American Criminal Law Variations Across The 50 States: Ch. 20 Statutory Rape, Paul H. Robinson, Tyler Scot Williams

Faculty Scholarship

It is common for criminal law scholars from outside the United States to discuss the “American rule” and compare it to the rule of other countries. As this volume makes clear, however, there is no such thing as an “American rule.” Because each of the states, plus the District of Columbia and the federal system, have their own criminal law, there are fifty-two American criminal codes.

American criminal law scholars know this, of course, but they too commonly speak of the “general rule” as if it reflects some consensus or near consensus position among the states. But the truth is ...


Mapping American Criminal Law Variations Across The 50 States: Ch. 5 Felony-Murder Rule, Paul H. Robinson, Tyler Scot Williams 2017 University of Pennsylvania Law School

Mapping American Criminal Law Variations Across The 50 States: Ch. 5 Felony-Murder Rule, Paul H. Robinson, Tyler Scot Williams

Faculty Scholarship

It is common for criminal law scholars from outside the United States to discuss the “American rule” and compare it to the rule of other countries. As this volume makes clear, however, there is no such thing as an “American rule.” Because each of the states, plus the District of Columbia and the federal system, have their own criminal law, there are fifty-two American criminal codes.

American criminal law scholars know this, of course, but they too commonly speak of the “general rule” as if it reflects some consensus or near consensus position among the states. But the truth is ...


A Policy Evaluation: Comparing Levels Of Police Injuries Associated With The Use Of Less-Lethal Instruments In Law Enforcement - Conducted Energy Devices Vs. Other Less-Lethal Instruments, Lydia Denise Adkins 2017 Walden University

A Policy Evaluation: Comparing Levels Of Police Injuries Associated With The Use Of Less-Lethal Instruments In Law Enforcement - Conducted Energy Devices Vs. Other Less-Lethal Instruments, Lydia Denise Adkins

Walden Dissertations and Doctoral Studies

Police officers continue to sustain injuries during close proximity encounters with non-compliant and combative suspects. The purpose of this quasi-experimental study was to examine whether the use of less-lethal instruments, such as conducted energy devices, oleoresin capsicum, impact batons, and hands/feet defensive tactic reduced police officer injury during confrontations with uncooperative suspects at a medium-sized police department in a southern state. Fichtelberg's democratic policing was used as the theoretical framework for this study. Data were acquired from Suspect Resistant Reports (n = 409) written by police officers over a 10-year period (1/05 - 12/14). The dependent variable was ...


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