Legal Studies Commons^™

Changes In The Black-White Sentencing Gap After United States V. Booker, 2008-17, Shuhao Zhang

Student Theses

The Black-White sentencing gap, as defined by the differences between the average sentences received by Black defendants and those by White defendants, is an under- research area. In the federal court, after United States v. Booker, this gap has decreased from 25 months in 2008-2010 to 0 in 2016-2107. By using Oaxaca decomposition, I find that the differences in criminal history, offense levels, and pretrial detention status between Black and White defendants are the main source of the gap. The unexplained portion of the gap, resulting from judges finding Black defendants more culpable to their offenses and thus imposing harsher …

Quantitative And Qualitative Assessment Of Interrogation Expectations, Shereen R. Lewis

Student Theses

Interrogation expectations (IE) is a construct that suggests expectations of custodial interrogations affect suspects’ Miranda waiver decisions while under interrogation. Prior research has examined IE quantitatively but there has been no prior research examining IE qualitatively. This current research conducted both a quantitative and qualitative analysis of IE using a sample of 335 participants from the United States. This research took the form of an online survey using Prolific (www.prolific.co) to recruit participants, Qualtrics (www.qualtrics.com) to record data, and SPSS and Nvivo to analyze quantitative qualitative data. It was hypothesized that substantial individual variation in IE will be found in …

Compilation Of Mentoring Programs In San Diego And Imperial Counties, Nohelia Ramos, Caitlyn Lauchner, Andrew Blum

Kroc IPJ Research and Resources

This document compiles information on mentoring programs in San Diego and Imperial Counties. The goal is to provide a clear picture what mentoring programs are being implemented and to give basic information about those programs as of June 2021.

The purpose of the document is three-fold. First, as a deliverable under the Project Safe Neighborhoods initiative (PSN), it is designed to provide basic information to the US Attorney’s Office and others involved in the PSN on the range of mentoring programs that exist. Mentoring programs have proven to be an effective program strategy for producing a range of positive youth …

Further Evaluation Of The Associations Between Psychopathic Traits And Symptoms Of Ptsd And Depression In A Nonclinical Sample, Nicholas Kavish, Danielle Boisvert, Eric M. Cooke, Richard H. Lewis, Matthias Woeckener, Jessica Wells, Todd A. Armstrong

Criminal Justice Faculty Publications and Presentations

Examining psychopathic traits at the factor or facet level has revealed that various aspects of psychopathy may be differentially related, even in opposing directions, to important outcomes (e.g., intelligence, emotion regulation). Empirical work on relations between psychopathy and internalizing disorders, such as posttraumatic stress disorder (PTSD) and depression, has provided evidence for a positive association with antisocial traits. However, findings for the affective domain have been more equivocal. The current study (N = 732) sought to replicate past findings of the positive association of antisocial psychopathic traits with higher levels of PTSD and depressive symptoms, and to further explore …

To “Defund” The Police, Jessica M. Eaglin

Articles by Maurer Faculty

Much public debate circles around grassroots activists’ demand to “defund the police,” raised in public consciousness in the summer of 2020. Yet confusion about the demand is pervasive. This Essay adopts a literal interpretation of “defund” to clarify and distinguish four alternative, substantive policy positions that legal reforms related to police funding can validate. It argues that the policy debates between these positions exist on top of the ideological critique launched by grassroots activists, who use the term “defund the police” as a discursive tactic to make visible deeper transformations in government practices that normalize the structural marginalization of black …

Marriage Or License To Rape? A Socio-Legal Analysis Of Marital Rape In India, Vidhik Kumar

Dignity: A Journal of Analysis of Exploitation and Violence

Rape exposes the failure of society’s institutions which were established to provide better security to an individual in a society. These institutions sometimes not only failed to protect an individual from such grave assaults on their autonomy and privacy, but also sanctioned them by either providing them legitimacy by law or not illegitimating them. States often have either provided legal sanctity to rapes within marriage or have refrained from declaring it a crime, on account of it being a private sphere not open to interference. Rape within marriage or marital rape is a global problem, and it is argued that …

Early Survivor Voices And Primary Sources. Modern Slavery: A Documentary And Reference Guide By Laura J. Lederer, Sandra Morgan

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Standing Trans Before The Law, Kyla Bender-Baird

Dissertations, Theses, and Capstone Projects

In the 1960s, trans people in the United States began asserting their rights, petitioning courts for name changes, updating sex markers on birth certificates and other identity documents, and confirming whether their marriages were legal. However, it was not until the mid-2000s that courts began recognizing trans discrimination claims. While trans people enjoyed numerous legal inroads under the Obama administration, within its first two years, the Trump administration had effectively reversed these legal gains. Being vulnerable to the political winds contributes to a feeling of legal precarity, which, in turn, shapes how trans people think about and approach the law. …

Critical Thinking In Law Enforcement Training Academies: A Phenomenological Study Of Officer Experiences, Billy J. Spruill

Electronic Theses and Dissertations

Recently, law enforcement officer use of force incidents resulting in death has seemingly become more prevalent. Generally, the educational requirement for a law enforcement officer is a high school diploma or general education development degree. One must question if this requirement is sufficient for a law enforcement officer to be successful in a modern world as the law enforcement training academy may be the law enforcement officer’s only postsecondary education. Critical thinking is a needed skill identified by high-stress professions such as the military, nursing, and disaster management, yet there is limited study regarding critical thinking in law enforcement. The …

Victim Impact: The Manson Murders And The Rise Of The Victims’ Rights Movement, Merrill W. Steeg

University of New Orleans Theses and Dissertations

No abstract provided.

Equal Injustice For All: High Quality Self-Representation Does Not Ensure A Matter Is “Fairly Heard”, Jona Goldschmidt

Seattle University Law Review SUpra

Self-represented litigants (SRLs) are generally less successful in court than parties with legal representation. Some access-to-justice programs view self-representation as a skill that can be taught and will lead to more success in case outcomes, but Jona Goldschmidt pushes back against this assumption. Goldschmidt argues that even high functioning, educated, and computer savvy SRLs are at a disadvantage in the courtroom when courts strictly enforce rules and do not offer reasonable accommodations.

In this Article, Goldschmidt evaluates three cases that illustrate expert SRLs’ challenges in the courtroom, and he argues that ridged rule enforcement and failure to accommodate lead to …

Book Review: Criminalizing Atrocity: The Global Spread Of Criminal Laws Against International Crimes, Verónica Michel

Genocide Studies and Prevention: An International Journal

Book review of the book Criminalizing Atrocity: The Global Spread of Criminal Laws against International Crimes by Mark S. Berlin.

Identifying The Cost Of Preventable Chronic Disease In Prison: Can Illness Prevention Of Adults In Custody Save Money?, Molly Bineham

Dissertations and Theses

This study investigates the cost of preventable health problems and ailments when compared to other costs of incarceration. The purpose of this study is to examine the impact of imprisonment on the costliest chronic illness. The health of adults in custody related to the general population and the overall fiscal cost of the deadliest chronic illness among incarcerated adults is discussed. Linear regression is used to analyze the occurrence of heart disease and diabetes among adults in custody while controlling for other factors. The results of this analysis provide insight that chronic diseases like heart disease and diabetes should be …

Why Does An Ex-Offender Reoffend?, Jacob Rybak

Symposium of Student Scholars

What leads an offender to go back to prison? This researcher has lived in the Georgia State prison system for 3.5 years. Using personal insights as well as analytics, this researcher analyzes Iowa state’s six-year data set tracking recidivism of released offenders and recommends changes to the prison system to address the analytical findings.

The Iowa recidivism data set includes the following information for all offenders: age group, type of release (parole vs different discharges), release year, original offense, and whether they recidivated. For the recidivating offenders, the data set includes the days to return to prison, the type of …

Strategic Innovations In Cannabis Legalization Policy: Lessons From Early Adopters, Neil Boyd, Eric L. Sevigny

CJC Publications

No abstract provided.

Victims Of Crime, Kellie A. Parkin

The Mid-Southern Journal of Criminal Justice

An exploratory analysis of victims of crime, their rights in the criminal justice system, and the shortcomings of resources. The first section will highlight important milestones throughout the victim rights movement in history. After analyzing the research, it is clear the United States was behind in offering these rights to victims. The paper goes on to identify the lack of uniformity and lack of resources victims must endure. Lastly, the paper will offer a common counterargument to one very important right victim’s frequently practice, that is the right to be heard.

Improving Policing: Criticisms And Supports, Hannah M. Stephens

The Mid-Southern Journal of Criminal Justice

In today's society, there are many critical factors surrounding the profession of law enforcement. In the midst of allegations such as corruption, racism, and use of force, policing has lost its favor in the eyes of the public. By taking a closer look at these issues and the various ways of correcting their problems, perhaps true policing can once again be a source of effectiveness and pride in our criminal justice system. Traditional policing holds many values that have been lost. If our justice system and the public's trust in it is to be restored, education, various approaches to crime, …

Diversity In Criminal Justice Education, Cody Salvatore

The Mid-Southern Journal of Criminal Justice

The absence of a proper understanding of diversity feeds into an already poor relationship between the criminal justice system and marginalized communities who often harbor fear and resentment towards the criminal justice system. This can be linked to the overall lack of diversity courses within criminal justice curriculums, as the absence of these courses leads to a lessened quality of education for criminal justice professionals and distrust from marginalized communities. The LGBT community exemplifies this, and its history and current relationship with the criminal justice system are presented in this study. While criminal justice education is successful in its endeavors …

Nigeria's Plight: The Causes, Crimes, And Casualties Of Boko Haram, Brandi Dunfee

The Mid-Southern Journal of Criminal Justice

This paper provides a brief history of Boko Haram including one of the group’s infamous attacks, the Nigerian government’s response to the insurgency, and whether the group has succeeded in promoting their ideals. The group has a long history of condemning Western education and encouraging an Islamic state. Since Boko Haram has been active, they have displaced thousands of Nigerians from their homes, in some cases even kidnapping them. A large kidnapping of schoolgirls from a university is one of their most notorious terrorist acts. Their motives for the kidnappings were to enforce Islam nationwide and to free their members …

Examining The Quality Of Representation By Public Defenders Compared To Private Attorneys, Brianna M. Ovalle

The Mid-Southern Journal of Criminal Justice

The overwhelming majority of federal and state defendants are indigent, meaning counsel must be obtained on behalf of them. If public defenders were not made available for these types of defendants, the defendants could not afford representation on their own. Because limited options are available for indigent defendants, public defenders are often appointed to represent them. Due to the nature of public defenders, critics question public defender credibility and the quality of representation they offer. Studies have attempted to examine this very topic, and while the majority have found no differences between public defenders and private attorneys in terms of …