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Criminal Law’S Core Principles, Paul H. Robinson 2021 University of Pennsylvania Carey Law School

Criminal Law’S Core Principles, Paul H. Robinson

Faculty Scholarship at Penn Law

Modern criminal law scholars and policymakers assume they are free to construct criminal law rules by focusing exclusively on the criminal justice theory of the day. But this “blank slate” conception of criminal lawmaking is dangerously misguided. In fact, lawmakers are writing on a slate on which core principles are already indelibly written and realistically they are free only to add detail in the implementation of those principles and to add additional provisions not inconsistent with them. Attempts to do otherwise are destined to produce tragic results from both utilitarian and retributivist views.

Many writers dispute that such core principles ...


Class Act: Symbolic Revolution And The Meaning Of College In Prison, Ruth E. Delaney 2021 The Graduate Center, City University of New York

Class Act: Symbolic Revolution And The Meaning Of College In Prison, Ruth E. Delaney

Dissertations, Theses, and Capstone Projects

The United States has gone through two transformations in the meaning of higher education in prison and the value of access for people in prison in the last 50 years and is now moving towards a third. The establishment of Pell grants in 1972 allowed for widespread access to higher education in prison, while the removal of those grants in 1994 effectively ended access. Federal policy makers are now poised to restore access to Pell grants to a broad swath of people in prison (Green, 2019; Krieghbaum, April 22, 2019; Krieghbaum, October 11, 2019). In this paper, I interpret the ...


The Different Components Of Active Shooter Incidents: Examining The Co-Occurrence Of Offender And Incident Characteristics, Jeffery R. Osborne 2021 The Graduate Center, City University of New York

The Different Components Of Active Shooter Incidents: Examining The Co-Occurrence Of Offender And Incident Characteristics, Jeffery R. Osborne

Dissertations, Theses, and Capstone Projects

The present dissertation examined 198 United States single-offender active shooter incidents and thematically differentiated cases based on 1) offender backgrounds, 2) precipitating stressors, 3) offender routine activity, 4) crime scene location, and 5) incident characteristics. Doing so contributed to the increasing number of studies that have stressed the importance of creating empirically-based models to better understand active shooter incidents and the offenders who are responsible. To structure this investigation into active shooter incidents, concepts within Environmental Criminology and Crime Analysis were paired with analytical methodologies seen in Offender Profiling and Investigative Psychology research.

The findings illustrated that offenders could be ...


The Basha's Tools? Imagining Alternative Justice Futures In Egypt, Farah Ghazal 2021 American University in Cairo

The Basha's Tools? Imagining Alternative Justice Futures In Egypt, Farah Ghazal

Theses and Dissertations

The dominant approach to addressing violence against women in Egypt today is carceral, or relying on the punitive instruments of the state to achieve justice (most visibly represented by the prison and police). While carceral responses are perhaps unsurprisingly advocated by state feminism, they are also promoted by what would typically be described as anti-state actors. This paradoxical entanglement takes place during what I identify as the 'carceral moment', a period marked by the intensification of political and social repression and during which incarceration appears more readily available as a solution to remedy perceived problems of governance. I argue that ...


In Defense Of Moral Credibility, Paul H. Robinson, Lindsay Holcomb 2021 University of Pennsylvania Carey Law School

In Defense Of Moral Credibility, Paul H. Robinson, Lindsay Holcomb

Faculty Scholarship at Penn Law

The criminal justice system’s reputation with the community can have a significant effect on the extent to which people are willing to comply with its demands and internalize its norms. In the context of criminal law, the empirical studies suggest that ordinary people expect the criminal justice system to do justice and avoid injustice, as they perceive it – what has been called “empirical desert” to distinguish it from the “deontological desert” of moral philosophers. The empirical studies and many real-world natural experiments suggest that a criminal justice system that regularly deviates from empirical desert loses moral credibility and thereby ...


Undemocratic Crimes, Paul H. Robinson, Jonathan C. Wilt 2021 University of Pennsylvania Carey Law School

Undemocratic Crimes, Paul H. Robinson, Jonathan C. Wilt

Faculty Scholarship at Penn Law

One might assume that in a working democracy the criminal law rules would reflect the community’s shared judgments regarding justice and punishment. This is especially true because social science research shows that lay people generally think about criminal liability and punishment in consistent ways: in terms of desert, doing justice and avoiding injustice. Moreover, there are compelling arguments for demanding consistency between community views and criminal law rules based upon the importance of democratic values, effective crime-control, and the deontological value of justice itself.

It may then come as a surprise, and a disappointment, that a wide range of ...


Internal And External Challenges To Culpability, Stephen J. Morse 2021 University of Pennsylvania Carey Law School

Internal And External Challenges To Culpability, Stephen J. Morse

Faculty Scholarship at Penn Law

This article was presented at “Guilty Minds: A Virtual Conference on Mens Rea and Criminal Justice Reform” at Arizona State University’s Sandra Day O’Connor College of Law. It is forthcoming in Arizona State Law Journal Volume 53, Issue 2.

The thesis of this article is simple: As long as we maintain the current folk psychological conception of ourselves as intentional and potentially rational creatures, as people and not simply as machines, mental states will inevitably remain central to ascriptions of culpability and responsibility more generally. It is also desirable. Nonetheless, we are in a condition of unprecedented internal ...


Harnessing The Potential Of Online Searches For Understanding The Impact Of Covid-19 On Intimate Partner Violence In Italy, Selin Köksal, Luca Maria Pesando, Valentina Rotondi, Ebru Şanlıtürk 2021 Bocconi University

Harnessing The Potential Of Online Searches For Understanding The Impact Of Covid-19 On Intimate Partner Violence In Italy, Selin Köksal, Luca Maria Pesando, Valentina Rotondi, Ebru Şanlıtürk

Population Center Working Papers (PSC/PARC)

Despite the volume of studies leveraging big data to explore socio-demographic phenomena, we still know little about the intersection of digital information and the social problem of intimate partner violence (IPV). This is an important knowledge gap, as IPV remains a pressing public-health concern worldwide, with 35% of women having experienced it over their lifetime and cases rising dramatically in the wake of global crises such as the current COVID-19 pandemic. This study addresses the question of whether online data from Google Trends might help to reach “hard-to-reach” populations such as victims of IPV using Italy as a case-study. We ...


A Latent Profile Analysis Of Rural Women Who Use Drugs And Commit Crimes, Michele Staton, Amanda M. Bunting, Erika Pike, Danelle Stevens-Watkins 2021 University of Kentucky

A Latent Profile Analysis Of Rural Women Who Use Drugs And Commit Crimes, Michele Staton, Amanda M. Bunting, Erika Pike, Danelle Stevens-Watkins

Journal of Rural Social Sciences

The majority of rural Appalachian women in jail meet criteria for a drug use disorder and need treatment. Using a latent profile analysis of a random sample of rural women in Appalachian jails (N=400) the current study established groups of women based on criminal history, drug use in the commission of crimes, and role of the partner’s drug use in the commission of crimes. Analysis found five distinct profiles of rural women based on involvement of criminal activities as a function of drug use severity. Results suggest that among criminally involved rural women, severity of drug use is ...


Is There A Difference Between Democrat And Republican States In The Percentage Of Male High School Students Who Have Ever Used Marijuana?, Jordan Caldwell, Wayne L. Davis 2021 Lincoln Memorial University

Is There A Difference Between Democrat And Republican States In The Percentage Of Male High School Students Who Have Ever Used Marijuana?, Jordan Caldwell, Wayne L. Davis

Lincoln Memorial University Journal of Social Sciences

There are opposing viewpoints on whether marijuana should be legalized. Democrats and Republicans have different attitudes toward the drug. Democrats believe marijuana should be legalized for medical patients, if it is prescribed by a physician and is needed to reduce severe pain. In addition, Democrats believe that the war on recreational marijuana has been a waste of time and government resources. Many Democrats are in favor of legalizing recreational marijuana because it is considered normal by social standards. Republicans, on the other hand, oppose legalizing medical marijuana because they believe other drugs can be prescribed by physicians to reduce pain ...


Political Partisanship And Female High School Students Who Physically Fight On Campus, Chance Honeycutt, Wayne L. Davis 2021 Lincoln Memorial University

Political Partisanship And Female High School Students Who Physically Fight On Campus, Chance Honeycutt, Wayne L. Davis

Lincoln Memorial University Journal of Social Sciences

Democrats and Republicans have different platforms on how to modify the social learning environment. According to the social learning theory, people learn to be aggressive through their life experiences. These experiences include personally observing the behaviors of others and modeling them. Personal behaviors are a product of learning the norms, values, and behaviors of society. Indeed, learning is a by-product of the interaction with others and is influenced by perceptions of the legal code. Because people experience culture conflict when they are exposed to different and opposing attitudes of acceptable behaviors, and because Democrats and Republicans have different attitudes toward ...


Political Partisanship And Male High School Students Who Carry Handguns, John Page, Wayne L. Davis 2021 Lincoln Memorial University

Political Partisanship And Male High School Students Who Carry Handguns, John Page, Wayne L. Davis

Lincoln Memorial University Journal of Social Sciences

Handguns play a significant role in criminal activity. About 66% of all murders and 40% of robberies involve firearms. Because there are about than 470 residents for each full-time police officer in America, the police cannot effectively protect individual citizens. According to the differential association theory, criminality is a product of shared values, motives, drives, rationalizations, and attitudes that can be influenced by perceptions of the legal code. Democrats and Republicans have different views on reducing social harm via gun-control legal codes, and each political party creates its own unique ambience. Indeed, because each political party believes that its gun-control ...


Body-Worn Cameras And Organizational Stress In Canadian Policing: A Qualitative Study, Chelsea Doiron 2021 Wilfrid Laurier University

Body-Worn Cameras And Organizational Stress In Canadian Policing: A Qualitative Study, Chelsea Doiron

Theses and Dissertations (Comprehensive)

Body-worn camera (BWC) technology has gained traction in North American police services as a tool to enhance police transparency and accountability. To date, the research available on BWCs has focused on the impact BWCs have on police services, investigations, officer and citizen behaviour, and, police officers’ and community members’ attitudes towards BWCs (Lum et al., 2019). The vast majority of this existing research has been quantitative in nature and has been conducted in the United States, where police practices and policies differ from those in Canada. While there have been a number of pilot projects and research evaluations conducted on ...


A Page-Turner With A Social Conscience: Requiem For A Female Serial Killer By Phyllis Chesler, Paula J. Caplan 2021 Harvard University, USA

A Page-Turner With A Social Conscience: Requiem For A Female Serial Killer By Phyllis Chesler, Paula J. Caplan

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.


“Child Witches”: Sexual Exploitation And Abuse Of Homeless Girls In South-Southern Nigeria, Chima Agazue 2021 University of Huddersfield

“Child Witches”: Sexual Exploitation And Abuse Of Homeless Girls In South-Southern Nigeria, Chima Agazue

Dignity: A Journal of Analysis of Exploitation and Violence

Sexual exploitation and abuse of girls is one of the endemic social problems in Nigeria. Although this problem has attracted much research attention in recent times, some newly emerged factors contributing to the problem have been mostly ignored. This study explored how the abandonment of children following their stigmatization as witches contributes to sexual exploitation and abuse of the girls in the Akwa Ibom and Cross River states of Nigeria. The study was based on the qualitative research paradigm. Data was collected via semi-structured interviews of three senior staff members of the Child’s Rights and Rehabilitation Network (CRARN)—a ...


Murders In The German Sex Trade: 1920 To 2017, Manuela Schon, Anna Hoheide 2021 Sex Industry Kills

Murders In The German Sex Trade: 1920 To 2017, Manuela Schon, Anna Hoheide

Dignity: A Journal of Analysis of Exploitation and Violence

This research report is the result of collecting and evaluating data on cases of homicides and attempted homicides in the German sex trade from 1920-2017. The findings show violence against prostituted women and the attitudes of the sex buyers who commit most of the violent acts against the women. The report discusses the media coverage of murder cases, complication of cases, and a critique of methods of criminal evaluation by the police. From 1920 to 2017, 272 victims of murder and attempted murder were identified. Liberalization of prostitution occurred in 2002. From then until 2017, there is a decrease in ...


Visa Fraud In The Commercial Sex Market In The United States: An Overview, Youngbee Dale 2021 Dale Consulting, LLC.

Visa Fraud In The Commercial Sex Market In The United States: An Overview, Youngbee Dale

Dignity: A Journal of Analysis of Exploitation and Violence

This paper describes various fraudulent visas used by criminals operating in the U.S. sex market. Studies show that many foreign women exploited through commercial sex rely on visa brokers to enter the U.S. However, scholars have not investigated various visa brokers and the techniques they use to bring foreign women into U.S. prostitution as a whole. Therefore, this paper aims to provide an overview of the different types of fraudulent visas and criminal techniques used in the U.S. sex market. In doing so, this paper relies on both primary and secondary sources, such as interviews with ...


Acid Attacks In India: A Socio-Legal Report, Vidhik Kumar 2021 National University of Study and Research in Law, Ranchi (India)

Acid Attacks In India: A Socio-Legal Report, Vidhik Kumar

Dignity: A Journal of Analysis of Exploitation and Violence

India has the highest number of acid attacks globally every year, and despite the actions taken by the Indian Government and the Supreme Court of India, the crime is on the rise. This increase can be attributed to the patriarchal ideology that is prevalent in India and to India’s inadequate legal system, which does not deliver efficient remedies to the victims. This article will discuss the prevalence of acid attacks in India, motives behind the attacks, consequences on victims, and shortcomings in measures adopted to prevent the crime and provide justice to victims.


Political Partisanship And Female High School Students Who Carry Handguns, Trenton Cameron, Wayne L. Davis 2020 Lincoln Memorial University

Political Partisanship And Female High School Students Who Carry Handguns, Trenton Cameron, Wayne L. Davis

Lincoln Memorial University Journal of Social Sciences

The United States is a gun culture nation, and gun violence is a serious problem. Because there are more than 280 million guns in America with over 65 million handguns in circulation, the Republicans believe that there are too many guns in America to prevent criminals from illegally obtaining them. In addition, only law-abiding residents will honor gun-control laws. As a result, law-abiding residents will become defenseless, which will promote crime. Democrats, on the other hand, believe that the gun-related crime problem will never be solved until actions are taken to eliminate the availability of handguns. After all, it is ...


Is There A Difference Between Democrat And Republican States In The Percentage Of Male High School Students Who Physically Fight On Campus?, Anthony Brown, Wayne L. Davis 2020 Lincoln Memorial University

Is There A Difference Between Democrat And Republican States In The Percentage Of Male High School Students Who Physically Fight On Campus?, Anthony Brown, Wayne L. Davis

Lincoln Memorial University Journal of Social Sciences

School violence is a common occurrence in American high schools. Victims of school violence are more likely than others to become depressed, skip school, and commit suicide. In addition, intimidation, threats, sexual harassment, prejudice, gossip, and ridicule are serious threats to successful education. Overall, about 33% of students are bullied at school by other students, and bullying leads to fights. Because Democrats and Republicans support two different types of social learning environments that will modify the behaviors of residents within their respective jurisdictions, and because public safety is an important social issue, it is important to know if there is ...


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