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Criminal Justice Updates - December 2020, Haley B. Shultz 2020 Gettysburg College

Criminal Justice Updates - December 2020, Haley B. Shultz

Criminal Justice Updates

The Criminal Justice Update is a monthly newsletter created by the Adams County Bar Foundation Fellow providing updates in criminal justice policy coming from Pennsylvania's courts and legislature as well as the US Supreme Court.

Contents:

  • Updates from PA Governor's Office (no updates this month)
  • Updates from the PA Legislature (no updates this month)
  • Updates from the Courts
    • U.S. Supreme Court: Criminal Law & Procedure
    • PA Supreme Court: Criminal Law & Procedure
    • PA Superior Court: Criminal Law & Procedure


"If Consent Is Bought, It Is Not Freely Chosen": Compromised Consent In Prostituted Sex In Ireland, Ivana Bacik 2020 Trinity College Dublin

"If Consent Is Bought, It Is Not Freely Chosen": Compromised Consent In Prostituted Sex In Ireland, Ivana Bacik

Dignity: A Journal of Analysis of Exploitation and Violence

This article offers feminist arguments for the reconsideration of consent as a legal concept, informed by insights gained through the work of the #MeToo movement and other feminist campaigns. It suggests that consent may be seen as legally compromised in certain contexts of structured gender inequality, such as domestic violence, workplace sexual harassment, and prostitution. The legal understanding of consent in such contexts is antithetical to the conception of consent as “freely and voluntarily” given within a mutual sexual relationship. This understanding of consent underpins the recent introduction of the Nordic model approach into Irish law through the Criminal Law ...


Current Sex Offender Laws: Are They Doing More Harm Than Good?, Gail Onderak 2020 Winona State University

Current Sex Offender Laws: Are They Doing More Harm Than Good?, Gail Onderak

Counselor Education Capstones

Public sentiment toward sex offenders is that of hatred, contempt, and fear. These attitudes have led to the creation of sex offender legislation that is exceptionally restrictive and punitive. While best practices and current treatment models call for minimization of risk and maximization of personal fulfillment in order to reduce recidivism, sex offender laws pose as obstacles to these goals. A review of the risk-need-responsivity (RNR) principles and the Good Lives Model (GLM) treatment approach highlights the contrast between intended outcomes of these methods and the challenges that sex offender notification and registration (SORN) and residency restrictions present when trying ...


Evolution Of Confession Law, Madison MacPherson 2020 Liberty University

Evolution Of Confession Law, Madison Macpherson

Senior Honors Theses

Many studies have been conducted to examine how false confessions occur, and what their impacts are. Throughout its history, America has instituted standards for interrogation procedures that are aligned with research findings and that build off constitutional principles. These are designed to protect individual rights while still accomplishing the goals of the judicial system. This paper discusses false confessions, interrogation laws, and how these impact a suspect, as well as the other influences acting upon suspects including plea bargaining and psychological processes. A compilation of research findings and case law culminates in the conclusion that changes must be made to ...


Policing Farm Crime: An Exploratory Study Of Agricultural Crime Units, Brianna Lynn 2020 East Tennessee State University

Policing Farm Crime: An Exploratory Study Of Agricultural Crime Units, Brianna Lynn

Electronic Theses and Dissertations

The purpose of this study was to explore the practices, perceptions, and operations of agricultural crime units. To date, there has been little research conducted on policing agricultural crimes and no known research on units specializing in investigating them. The study utilizes data gathered from qualitative interviews with agricultural crime investigators across several states to fill this gap in the literature. The results allow for an examination of the fundamental practices of agricultural units, their perceptions and their experiences. In addition, they point to several implications for both policy and practice that may serve to guide our efforts to combat ...


Do Sequential Lineups Impair Underlying Discriminability?, Matthew Kaesler, John C. Dunn, Keith Ransom, Carolyn Semmler 2020 Edith Cowan University

Do Sequential Lineups Impair Underlying Discriminability?, Matthew Kaesler, John C. Dunn, Keith Ransom, Carolyn Semmler

ECU Publications Post 2013

© 2020, The Author(s). Debate regarding the best way to test and measure eyewitness memory has dominated the eyewitness literature for more than 30 years. We argue that resolution of this debate requires the development and application of appropriate measurement models. In this study we developed models of simultaneous and sequential lineup presentations and used these to compare these procedures in terms of underlying discriminability and response bias, thereby testing a key prediction of diagnostic feature detection theory, that underlying discriminability should be greater for simultaneous than for stopping-rule sequential lineups. We fit the models to the corpus of studies ...


I Am Not Your Felon: Decoding The Trauma, Resilience, And Recovering Mothering Of Formerly Incarcerated Black Women, Jason M. Williams, Zoe Spencer, Sean K. Wilson 2020 Montclair State University

I Am Not Your Felon: Decoding The Trauma, Resilience, And Recovering Mothering Of Formerly Incarcerated Black Women, Jason M. Williams, Zoe Spencer, Sean K. Wilson

Department of Justice Studies Faculty Scholarship and Creative Works

Black women are increasingly targets of mass incarceration and reentry. Black feminist writers call attention to scholars’ need to intersectionalize analyses around how Black women interface with state systems and social institutions. This study foregrounds narratives from Black women to understand their plight while navigating reentry through a phenomenological approach. Through semi-structured interviews, narratives are analyzed using critical frameworks that authentically unearths the lived realities of participants. Themes reveal that for Black mothers, reentry can be just as criminalizing as engaging crime itself. These women face dire consequences around their mothering that induce them into tremendous bouts of trauma. Existing ...


Dual Disadvantage: An Examination Of Racial Disparities In Victim And Suspect Criminal Justice Treatment, Paige Vaughn 2020 University of Missouri-St. Louis

Dual Disadvantage: An Examination Of Racial Disparities In Victim And Suspect Criminal Justice Treatment, Paige Vaughn

Dissertations

During the past several decades, American criminal justice legal systems appear to have been over-punishing Black individuals as perpetrators of crime, and neglecting them as violent crime victims, perpetuating disparities that simultaneously repress and alienate Black citizens. Such complex processes of racial inequality are difficult to capture in studies that focus on single criminal justice stages and limited sets of variables. After presenting a working conceptualization of case processing that can be used across criminal justice systems, the current study uses data from the St. Louis Metropolitan Police Department, St. Louis Circuit Attorney’s Office, and U.S. Census to ...


Police Crime Against Black Victims, 2005-2014, Philip M. Stinson, Chloe Wentzlof, Steven L. Brewer 2020 Bowling Green State University

Police Crime Against Black Victims, 2005-2014, Philip M. Stinson, Chloe Wentzlof, Steven L. Brewer

Criminal Justice Faculty Publications

This study reports the findings of a pilot study to add new variables on race of victims to a larger existing data set of police crime arrest cases from years 2005-2014. The purpose of this study is to improve policing and inform the public about patterns of police crimes perpetrated against Black victims at state and local law enforcement agencies across the United States. This study aims to identify characteristics and associations of police crime arrest cases and victim race. Bivariate analyses found statistically significant associations between violence-related police crimes against black victims. CHAID regression models explored multivariate relationships.

Presented ...


Budaya Penjara, Subkultur Terorisme Dan Radikalisasi: Perspektif Kriminologi Budaya, Laode Arham 2020 alumni Universitas Indonesia

Budaya Penjara, Subkultur Terorisme Dan Radikalisasi: Perspektif Kriminologi Budaya, Laode Arham

Journal of Terrorism Studies

This paper aims to explain how the radicalization of prisoners in correctional institutions (Lapas) occurs through the perspective of Cultural Criminology. Radicalization takes place through a lifestyle and subculture of terrorist prisoners which is supported by the culture and the actual prison system which is the result of the interaction and agreement of the actors. All of the cultural aspects that shape radicalization are part of a unique prison culture, as the subculture of terrorism. By using qualitative methods, research data were collected through observation, interviews and the author's experience in interacting with various actors in several prisons. This ...


“Sometimes I’M Just Wearing The Prosecutor Down”: An Exploratory Analysis Of Criminal Defense Attorneys In Plea Negotiations And Client Counseling, Jacqueline G. Lee, John W. Ropp 2020 Boise State University

“Sometimes I’M Just Wearing The Prosecutor Down”: An Exploratory Analysis Of Criminal Defense Attorneys In Plea Negotiations And Client Counseling, Jacqueline G. Lee, John W. Ropp

Criminal Justice Faculty Publications and Presentations

As plea bargains have proliferated in the criminal justice system, scholars have been working to better understand their mechanics. There have been a few recent examinations of plea bargaining, but the literature lacks qualitative research that gives the defense sufficient attention. Using a sample of courtroom practitioners in one large, urban county, we examine defense attorney bargaining and client counseling tactics. Results demonstrate that defense attorneys use a variety of strategies for negotiation, including sharing humanizing information about their clients with the prosecutor and utilizing delay tactics. Results also suggest that attorneys counsel their clients about plea offers in varying ...


Is Executive Function The Universal Acid?, Stephen J. Morse 2020 University of Pennsylvania Carey Law School

Is Executive Function The Universal Acid?, Stephen J. Morse

Faculty Scholarship at Penn Law

This essay responds to Hirstein, Sifferd and Fagan’s book, Responsible Brains (MIT Press, 2018), which claims that executive function is the guiding mechanism that supports both responsible agency and the necessity for some excuses. In contrast, I suggest that executive function is not the universal acid and the neuroscience at present contributes almost nothing to the necessary psychological level of explanation and analysis. To the extent neuroscience can be useful, it is virtually entirely dependent on well-validated psychology to correlate with the neuroscientific variables under investigation. The essay considers what executive function is and what the neuroscience adds to ...


Substance Use And Life-Course Narratives For Criminally Involved Veterans, Tyler J. Marcheschi 2020 Illinois State University

Substance Use And Life-Course Narratives For Criminally Involved Veterans, Tyler J. Marcheschi

Theses and Dissertations

Criminal justice involvement stemming from substance use is a common issue with whichmilitary veterans struggle. Research on substance use has indicated that a multitude of negative life-course outcomes can result for individuals who abuse substances. While prior research has studied the relationships between substance use and military veterans, there is little empirical analysis that focuses on the narrative accounts of veterans and their experiences with substance use. The goal of the current thesis is to expand on this topic by exploring how criminally involved veterans experience substance use and the perceived impact substance use has on the life-course according to ...


American Police Violence, Racism, And Corruption, Ethan Gallagher 2020 Kutztown University

American Police Violence, Racism, And Corruption, Ethan Gallagher

English Department: Research for Change - Wicked Problems in Our World

In this paper, I convey the serious need for change within the American police departments. In America, law enforcement has been systematically oppressed minorities for decades with no repercussions and has been protected by the corrupted system. It is time for new tactics to be implemented in America for dealing with civilians because the cops are not fulfilling their duty to protect the people anymore, they're hurting the people. Everyone in America now either hates the police or are terrified of them making a huge divide between everyone in the country. After seeing all the controversy that has transpired ...


The Restrictive Deterrent Effect Of Warning Messages Sent To Active Romance Fraudsters: An Experimental Approach, Fangzhou Wang, C. Jordan Howell, David Maimon, Scott Jacques 2020 Georgia State University

The Restrictive Deterrent Effect Of Warning Messages Sent To Active Romance Fraudsters: An Experimental Approach, Fangzhou Wang, C. Jordan Howell, David Maimon, Scott Jacques

EBCS Articles

Victims of romance fraud experience both a financial and emotional burden. Although multiple studies have offered insight into the correlates of perpetration and victimization, no known study has examined if, and how, romance fraud can be curtailed. The current study uses a randomized experimental design to test the restrictive deterrent effect of warning messages sent to romance fraudsters via email. We find that active romance fraudsters who receive a deterrence message, instead of non-deterrence messages, respond at a lower rate; and, among those who respond, use fewer words and have a lower probability of seeking reply without denying wrongdoing. The ...


The Effects Of Self-Control On The Cyber Victim-Offender Overlap, Brooke Nodeland 2020 Bridgewater State University

The Effects Of Self-Control On The Cyber Victim-Offender Overlap, Brooke Nodeland

International Journal of Cybersecurity Intelligence & Cybercrime

Increasingly, the overlap between victims and offenders has received empirical attention with regard to traditional forms of deviance. More recently, the growth of cyber offending has led to a need to examine whether traditional criminological theories can be used to explain these crimes in the same manner as traditional offenses. However, limited attention has been given to victim-offender overlap in cyber-offending. The current study uses a sample of American college students to examine the influence of self-control on cyber offending, cyber victimization, and the cyber victim-offender overlap. The results indicate that low self-control significantly predicts participation in cyber offending as ...


Book Review: Computer Capers: Tales Of Electronic Thievery, Embezzlement, And Fraud. By Thomas Whiteside, Brian Nussbaum 2020 Bridgewater State University

Book Review: Computer Capers: Tales Of Electronic Thievery, Embezzlement, And Fraud. By Thomas Whiteside, Brian Nussbaum

International Journal of Cybersecurity Intelligence & Cybercrime

No abstract provided.


Toward Mitigating, Minimizing, And Preventing Cybercrimes And Cybersecurity Risks, Claire Seungeun Lee 2020 Bridgewater State University

Toward Mitigating, Minimizing, And Preventing Cybercrimes And Cybersecurity Risks, Claire Seungeun Lee

International Journal of Cybersecurity Intelligence & Cybercrime

Cybercrime and cybersecurity are emerging fields of research, shaped by technological developments. Scholars in these interconnected fields have studied different types of cybercrimes as well as victimization and offending. Increasingly, some of these scholars have focused on the ways in which cybercrimes can be mitigated, minimized, and even prevented. However, such strategies are often difficult to achieve in reality due to the human and technical factors surrounding cybercrimes. In this issue of the International Journal of Cybersecurity Intelligence and Cybercrime, three papers adequately address such challenges using college student samples and nationally representative samples, as well as a framework through ...


Cyber-Situational Crime Prevention And The Breadth Of Cybercrimes Among Higher Education Institutions, Sinchul Back, Jennifer LaPrade 2020 Bridgewater State University

Cyber-Situational Crime Prevention And The Breadth Of Cybercrimes Among Higher Education Institutions, Sinchul Back, Jennifer Laprade

International Journal of Cybersecurity Intelligence & Cybercrime

Academic institutions house enormous amounts of critical information from social security numbers of students to proprietary research data. Thus, maintaining up to date cybersecurity practices to protect academic institutions’ information and facilities against cyber-perpetrators has become a top priority. The purpose of this study is to assess common cybersecurity measures through a situational crime prevention (SCP) theoretical framework. Using a national data set of academic institutions in the United States, this study investigates the link between common cybersecurity measures, crime prevention activities, and cybercrimes. By focusing on the conceptualization of cybersecurity measures as SCP techniques, this study also offers the ...


Proposal For The Development And Addition Of A Cybersecurity Assessment Section Into Technology Involving Global Public Health, Stanley Mierzwa, Saumya RamaRao, Jung Ah Yun, Bok Gyo Jeong 2020 Bridgewater State University

Proposal For The Development And Addition Of A Cybersecurity Assessment Section Into Technology Involving Global Public Health, Stanley Mierzwa, Saumya Ramarao, Jung Ah Yun, Bok Gyo Jeong

International Journal of Cybersecurity Intelligence & Cybercrime

This paper discusses and proposes the inclusion of a cyber or security risk assessment section during the course of public health initiatives involving the use of information and communication computer technology. Over the last decade, many public health research efforts have included information technologies such as Mobile Health (mHealth), Electronic Health (eHealth), Telehealth, and Digital Health to assist with unmet global development health needs. This paper provides a background on the lack of documentation on cybersecurity risks or vulnerability assessments in global public health areas. This study suggests existing frameworks and policies be adopted for public health. We also propose ...


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