Legal Studies Commons^™

The Spatial Variability Of Crime: A Review Of Methodological Choice, Proposed Models, And Methods For Illustrating The Phenomenon, Matthew D. Spencer

Theses and Dissertations

The spatial analysis of crime has occurred for nearly two centuries. Within criminology, research interests that have developed from the use of spatial methodologies seek to identify the spatial variability and concentration of crime. The first focus utilizes spatial statistics and mapping to describe and illustrate spatial variability. The second focus uses statistical techniques to describe levels of concentration such as the percentage of crime attributed to a unit. Due to the larger breadth of work and multiple analytical components the former will be the focus of this research.

This multi-study dissertation explores the methods currently used to study the …

The Criminalization Of Hiv And Hiv Stigma, Deanna Cann

Theses and Dissertations

In an effort to contain the HIV epidemic, lawmakers implemented various pieces of legislation across the United States, including laws that prohibit people living with HIV (PLHIV) from engaging in various behaviors without first disclosing their HIV-status. Public health scholars claim that this criminalization of HIV serves to increase stigma toward PLHIV, rather than prevent its transmission. Limited research has supported a connection between HIV exposure laws and increased stigma toward PLHIV. Still, researchers have yet to establish a causal relationship, and we know little regarding the mechanisms through which these laws serve to reproduce stigma. This study aims to …

Hate Crimes Across Nations, Amanda Mcvey

Honors Program Contracts

No abstract provided.

Schools On The Frontlines Of Governance: How The Convergence Of Criminal Justice And Education Shapes Adolescent Perceptions And Behavior, Jennifer O'Neill

Dissertations

Theories of legal socialization posit that individuals’ interactions with both nonlegal (e.g., teachers) and legal (e.g., police officers) authorities impact our broader orientation towards governance our compliance with rules and laws. Examining the process of legal socialization in adolescents is critical for understanding individuals’ relationships with major institutions of social control, and further, predicting delinquency. Extant literature tends to consider legal socialization in the school and in interactions with the police as distinct processes related to offending, neglecting the potential influence of school contextual factors; and yet, because the incorporation of carceral features (e.g., exclusionary discipline, restrictive security, and enhanced …

Proportionality, Constraint, And Culpability, Mitchell N. Berman

All Faculty Scholarship

Philosophers of criminal punishment widely agree that criminal punishment should be “proportional” to the “seriousness” of the offense. But this apparent consensus is only superficial, masking significant dissensus below the surface. Proposed proportionality principles differ on several distinct dimensions, including: (1) regarding which offense or offender properties determine offense “seriousness” and thus constitute a proportionality relatum; (2) regarding whether punishment is objectionably disproportionate only when excessively severe, or also when excessively lenient; and (3) regarding whether the principle can deliver absolute (“cardinal”) judgments, or only comparative (“ordinal”) ones. This essay proposes that these differences cannot be successfully adjudicated, and one …

Blameworthiness, Desert, And Luck, Mitchell N. Berman

All Faculty Scholarship

Philosophers disagree about whether outcome luck can affect an agent’s “moral responsibility.” Focusing on responsibility’s “negative side,” some maintain, and others deny, that an action’s results bear constitutively on how “blameworthy” the actor is, and on how much blame or punishment they “deserve.” Crucially, both sides to the debate assume that an actor’s blameworthiness and negative desert are equally affected—or unaffected—by an action’s results. This article challenges that previously overlooked assumption, arguing that blameworthiness and desert are distinct moral notions that serve distinct normative functions: blameworthiness serves a liability function (removing a bar to otherwise impermissible treatments), whereas desert serves …

Organization And Accessibility Of Information Resources In Federal High Court Libraries In North-East Geo-Political Zone Of Nigeria, Muhammad Murtala Ibrahim, Amina Barkindo

Library Philosophy and Practice (e-journal)

Information organization and accessibility are part of the core functions of any special library. The need for organization is necessary to accomplished a planned library's goals. Effective organization provides effective retrieval and use of the resources and also saves time for both the user and the information professional. This study highlights and describe the method of information organization and access in the Federal High Courts libraries in North-eastern geo-political zone of Nigeria. It also discusses the various ways the federal high court libraries Organize information resources, the means for information access and the challenges associated with the organization and accessibility …

On-Duty Fatal Police Shootings:Patterns Of Officers Charged With Murder Or Manslaughter, 2005-2020, Chloe Wentzlof, Philip M. Stinson

Criminal Justice Faculty Publications

Presentation at the Annual Meeting of the Midwestern Criminal Justice Association in Chicago, IL, on September 24, 2021.

Bench Vs. Jury Trials: Sentencing And Conviction Outcomes For Criminally Charged Police Officers, Bethany R. Sager, Chloe Wentzlof, Philip M. Stinson

Criminal Justice Faculty Publications

Presentation at the Annual Meeting of the Midwestern Criminal Justice Association in Chicago, IL, on September 24, 2021.

Detecting Child Sexual Abuse Images: Traits Of Child Sexual Exploitation Hosting And Displaying Websites, Enrique Guerra, Bryce G. Westlake

Faculty Research, Scholarly, and Creative Activity

Background
Automated detection of child sexual abuse images (CSAI) often relies on image attributes, such as hash values. However, electronic service providers and others without access to hash value databases are limited in their ability to detect CSAI. Additionally, the increasing amount of CSA content being distributed means that a large percentage of images are not yet cataloged in hash value databases. Therefore, additional detection criteria need to be determined to improve identification of non-hashed CSAI.
Objective
We aim to identify patterns in the locations and folder/file naming practices of websites hosting and displaying CSAI, to use as additional detection …

Career Preparedness: Perspectives From C&Cj Alumni At An Scu, Tracey Woodard, Courtney Mcdonald

Teacher-Scholar: The Journal of the State Comprehensive University

State comprehensive universities (SCUs) feature degree programs designed to help graduates achieve their career aspirations. Criminology and Criminal Justice (C&CJ) programs have become popular at SCUs, in part because students are inspired by media portrayals of law enforcement to work in the criminal justice field. Yet little is known about how C&CJ alumni of SCUs perceive their educational experiences. For this exploratory study, an online survey was distributed to alumni of a Southern SCU C&CJ program. Alumni were asked about their perceptions of their own career preparedness following graduation and their satisfaction with the C&CJ program. Overall, alumni were satisfied …

The Cognitive, Affective And Somatic Empathy Scales For Adults, Adrian Raine, Frances Chen, Rebecca Waller

CJC Publications

The Cognitive, Affective and Somatic Empathy Scales (CASES) assess three forms of empathy, each with subscales for positive and negative empathy. The present study extends this child instrument to adults and examines its factor structure and construct validity. A secondary aim is to investigate the under-researched area of positive empathy. Community samples totaling 2604 adults completed the CASES for adults, together with scales assessing construct validity. Confirmatory factor analysis supported the three-factor cognitive-affective-somatic model and a two-factor positive-negative empathy model. Findings were replicated in a second independent sample. Internal reliabilities ranged from 0.80 to 0.92. Individuals with higher psychopathy and …

U.S. Policing As Racialized Violence And Control: A Qualitative Assessment Of Black Narratives From Ferguson, Missouri, Jason M. Williams

Department of Justice Studies Faculty Scholarship and Creative Works

U.S. policing has long been captured within a master narrative of colorblind consensus; however, distinct lived experiences between community groups depict grave disparities in law enforcement experiences and perceptions. Orthodox conceptions of law enforcement ultimately silence marginalized voices disproportionately affected by negative contacts with law enforcement. Centering data in critical theory, this study will present thematic results from semi-interviews gathered in Ferguson, M.O., during a critical ethnographic research project. Themes reveal experiences and perceptions of racialized and violent policing, the unique position of Black officers, and regard for the impact police have on children. Results also help to foreground new …

The Effects Of Family Structure Stability And Parenting Practices On Juvenile Delinquency: Variations By Immigrant Generational Status And Race/Ethnicity, Lanmeng Ma

Doctoral Works at the University of New Haven

While the important role of various psychosocial factors in the development of criminality has long been acknowledged, many researchers, criminologists and criminal justice professionals firmly believe that family is specifically at the core. The purpose of this dissertation is to examine the relationships among family structure stability, parenting practice dimensions, and concurrent/subsequent delinquent behaviors, both theoretically and empirically. This study investigates how immigrant generational status and racial/ethnic disparities modulate associations between the stability of family structure, aspects of parenting practices, and adolescent delinquency, using a nationally representative sample from the National Longitudinal Study of Adolescent to Adult Health (Add Health). …

Does Exposure To Interviewer Feedback Bias Observer Perceptions Of The Suspect? A Test Of Two Pathways To A Feedback Effect, Aria Amrom

Dissertations, Theses, and Capstone Projects

Confronting suspects with feedback, such as “We know you are lying, you need to tell us the truth,” during an interrogation is a common tactic used by police. Can this feedback influence the perceptions of factfinders who later observe video recordings of these sessions? Amrom et al. (2020) proposed two pathways through which feedback might affect observers: a direct feedback pathway by which observers infer the suspect’s credibility from the interviewer’s feedback, and an indirect misattribution pathway by which observers infer credibility from the suspect’s feedback-induced change in demeanor. Given the increasing frequency with which interrogations are video recorded for …

The Victims’ Voices: A Routine Activity Approach To Jail And Prison Victimization, Victor St. John

Dissertations, Theses, and Capstone Projects

The study explores the occurrence of victimization while incarcerated in American jails and prisons. Consistent with the Routine Activity Approach – which explains that victimization occurs due to the convergence of a suitable target and a motivated offender in time and space, and the absence of a capable guardian, handler, and place manager –, this study investigates the applicability of the approach within the correctional setting, namely the influence of place management, access to informal guardians, and the victims’ perception of correctional officers’ capability on preventing victimization (the formal guardian). A mixed methods design was employed, analyzing 87 semi-structured interviews …

Editorial Foreword Ijsls Volume 1 Number 1, Sulistyowati Irianto

The Indonesian Journal of Socio-Legal Studies

No abstract provided.

Must Consent Be Informed? Patient Rights, State Authority, And The Moral Basis Of The Physician's Duties Of Disclosure, D. Robert Macdougall

Publications and Research

Legal standards of disclosure in a variety of jurisdictions require physicians to inform patients about the likely consequences of treatment, as a condition for obtaining the patient’s consent. Such a duty to inform is special insofar as extensive disclosure of risks and potential benefits is not usually a condition for obtaining consent in non-medical transactions.

What could morally justify the physician’s special legal duty to inform? I argue that existing justifications have tried but failed to ground such special duties directly in basic and general rights, such as autonomy rights. As an alternative to such direct justifications, I develop an …

Legal Education In Indonesia, Adriaan Bedner, Jacqueline Vel

The Indonesian Journal of Socio-Legal Studies

Many of the discussions about legal education in Indonesia are similar to the ones conducted in other countries. They reflect the tension between a liberal legal education on the one hand and a vocational training on the other, as well as the tension between a legal education preparing students for legal practice and one preparing them for a broad range of generalist positions. However, we argue that legal education in Indonesia is also marred by problems of the legal system itself and by a lack of communication between its constituent parts – the judiciary, the legislative, the bar, public prosecutors, …

Legal Positivism As A Theory Of Law’S Existence: A Comment On Margaret Martin’S "Judging Positivism", Jorge Luis Fabra-Zamora

Journal Articles

This comment critically examines the conception of legal positivism that informs Margaret Martin’s interesting and multilayered challenge against the substance and method of this intellectual tradition. My central claim is that her characterization of the substantive theory of legal positivism sets aside a more fundamental and explanatory prior dimension concerning the positivist’s theory of the existence of legal systems and legal norms. I also argue that her understanding of the positivist’s descriptive methodology as a nonnormative project is too demanding and overlooks both the relationships between law and morality recognized by contemporary legal positivists and the pivotal distinction between internal …