Republicanism And The Foundations Of Criminal Law,
2011
University of Richmond
Republicanism And The Foundations Of Criminal Law, Richard Dagger
Political Science Faculty Publications
This chapter makes a case for the republican tradition in political philosophy as a theory that can provide a rational reconstruction of criminal law. It argues that republicanism offers a reconstruction of criminal law that is both rational and plausible. In particular, it shows that republicanism can help us to make sense of three important features of criminal law: first, the conviction that crime is a public wrong; second, the general pattern of development of criminal law historically; and third, the public nature of criminal law as a cooperative enterprise. To begin, however, it explains what republicanism is and why …
Exploiting Borders: The Political Economy Of Local Backlash Against Undocumented Immigrants,
2011
University of Dayton
Exploiting Borders: The Political Economy Of Local Backlash Against Undocumented Immigrants, Jamie Longazel, Benjamin Fleury-Steiner
Sociology, Anthropology, and Social Work Faculty Publications
Four years prior to Arizona's passage of one of the most far-reaching pieces of anti-Latino immigrant legislation signed into law in decades,3 demands to "seal off the border"4 were being made thousands of miles from the U.S.-Mexico divide. In 2006, Hazleton, Pennsylvania, passed equally harsh legislation aimed at keeping undocumented immigrants out of their community. During this time, commentators described the local backlash in Hazleton and other small cities across the United States as akin to "the opening of a deep and profound fissure in the American landscape" 5 wherein "all immigration politics is local." 6 Yet, as the so-called …
Transnational Crime In A Global Community: The Case Of West Africa,
2011
Eastern Kentucky University
Transnational Crime In A Global Community: The Case Of West Africa, Holly Joanna Sims
Online Theses and Dissertations
This research project is an examination of the organization and behavior of criminal group activity in the region of West Africa. An assessment of the size, structure, and type of criminal enterprises crime groups are involved in are investigated. It is also uncovered if and how groups make use of corruption, the legit economy, and influence politicians. The environment in which transnational crime is able to thrive is also of great interest as the social, political, economic, and technological changes that occurred alongside the sudden trend in transnational crime activity are considered. The information is used to generate a discussion …
Supermax Confinement: A Descriptive And Theoretical Inquiry,
2011
Eastern Kentucky University
Supermax Confinement: A Descriptive And Theoretical Inquiry, Marisa M. Baumgardner
Online Theses and Dissertations
In the past few decades, there has been a proliferation of supermax prisons and units across the nation, reflecting the increased use of administrative, isolated segregation. This proliferation is embedded within a broader shift in society towards more punitive measures of disciplining those people convicted of criminal offenses. The primary purpose of this thesis is to examine the proliferation of supermax confinement as a major component of the punitive shift. This is done primarily through the application of contemporary literature that focuses on the sociology of punishment theory. Another purpose of this thesis was to examine and describe the history …
"Don't Let The Job Change You; You Change The Job": The Lived Experiences Of Women In Policing,
2011
Western Michigan University
"Don't Let The Job Change You; You Change The Job": The Lived Experiences Of Women In Policing, Carrie Buist
Dissertations
In the last decade, the percentage of women working as police officer has not seen any significant increase. This dissertation, "Don't Let the Job Change You; You Change the Job:" The Lived Experiences of Women in Policing uses in-depth, participant guided interviews with current women police officers to gain a better understanding of their experiences. The goal of this project was to allow the women to speak for themselves, and in sharing the narratives of their lived experiences as officers, both add to and build on the existing research on women working in policing. In addition to the interviews, observations …
Voices Of Parolees Who Have Chosen A Community College Element Within A Reentry Program,
2011
Western Michigan University
Voices Of Parolees Who Have Chosen A Community College Element Within A Reentry Program, Kristi S. Potts
Dissertations
The purpose of this phenomenological study was to describe and understand how parolees experience participating in the community college element of a reentry program. This program was located in a Midwestern county and the parolees who chose to participate in the higher education aspect of this reentry program were a small subset of those who participated in the overall reentry program. Research questions included: What influences a parolees' decision to enroll in the community college element within a reentry program? How do such parolees describe their experiences as a student in a community college? How do such parolees describe the …
Prescription Drug Use Among Detainees: Prevalence, Sources And Links To Crime,
2011
Edith Cowan University
Prescription Drug Use Among Detainees: Prevalence, Sources And Links To Crime, Catherine Mcgregor, Natalie Gately, Jennifer Fleming
Research outputs 2011
Concern regarding the diversion and non-medical use of prescription pharmaceuticals continues to grow as anecdotal evidence and other research points to a sizeable increase in the illegal market for such drugs. Estimating the prevalence of illegal use and understanding how pharmaceutical drugs come to be traded in the illegal drug market remain key research priorities for policymakers and practitioners in both the public health and law enforcement sectors. This report is the first of its kind in Australia to examine the self-reported use of illicit pharmaceuticals among a sample of police detainees surveyed as part of the Australian Institute of …
Review Of Indigenous Offender Health,
2011
Edith Cowan University
Review Of Indigenous Offender Health, Jocelyn Grace, Ineke Krom, Caitlin Maling, Tony Butler, Richard Midford
Research outputs 2011
This review provides an overview of health issues facing the Indigenous offender population, including some of the social and historical factors relevant to Indigenous health and incarceration. In doing so, it is important to first understand how Indigenous people conceptualise health. Health as it is understood in western society is a fairly discrete category, which differs from the traditional Indigenous perspective of health as holistic [1]. This is made explicit in the 1989 National Aboriginal health strategy that states 'health to Aboriginal peoples is a matter of determining all aspects of their life, including control over their physical environment, of …
Social Disorganization And Sex Offenders In Minneapolis, Mn: A Socio-Spatial Analysis,
2011
Minnesota State University - Mankato
Social Disorganization And Sex Offenders In Minneapolis, Mn: A Socio-Spatial Analysis, Joseph Koncur
All Graduate Theses, Dissertations, and Other Capstone Projects
Using a combination of techniques stemming from the spatial analysis approach of Geography, structural-functionalist theory in Sociology, and an ecological perspective of Criminology, this thesis addresses where sex offenders reside and why. Analyses were performed using the twin cities of Minneapolis and St. Paul, Minnesota as a typical urban setting. The study fuses multiple disciplines work on the complex social problem of released risk level III sex offender management in a spatially-conscious, micro-scale analysis attempting to understand the distribution of released offenders and the relevance of social disorganization theory in explaining their distribution. Socio-economic status and family disruption are tested …
Criminalization Tensions: Empirical Desert, Changing Norms & Rape Reform,
2011
University of Pennsylvania Carey Law School
Criminalization Tensions: Empirical Desert, Changing Norms & Rape Reform, Paul H. Robinson
Faculty Scholarship at Penn Carey Law
This short Article is part of the organizers’ larger Criminalization Project, which seeks, among other things, to develop theories for how criminalization decisions should be made. The argument presented here is that there is instrumentalist, as well as deontological, value in having criminalization decisions that generally track the community’s judgments about what is sufficiently condemnable to be criminal, but that there are also good reasons to deviate from community views. Interestingly, those in the business of social reform may be the ones with the greatest stake in normally tracking community views, in order to avoid community perceptions of the criminal …
Two Cheers, Not Three For Sixth Amendment Originalism,
2011
University of Pennsylvania Carey Law School
Two Cheers, Not Three For Sixth Amendment Originalism, Stephanos Bibas
Faculty Scholarship at Penn Carey Law
No abstract provided.
Crime Prevention,
2011
Minnesota State University, Mankato
Crime Prevention, Minnesota State University, Mankato
Crime/Violence
Bibliography and photographs of a display of government documents from Minnesota State University, Mankato.
Provocation As Partial Justification And Partial Excuse,
2011
University of Pennsylvania Carey Law School
Provocation As Partial Justification And Partial Excuse, Mitchell N. Berman
Faculty Scholarship at Penn Carey Law
The partial defense of provocation provides that a person who kills in the heat of passion brought on by legally adequate provocation is guilty of manslaughter rather than murder. It traces back to the twelfth century, and exists today, in some form, in almost every U.S. state and other common law jurisdictions. But long history and wide application have not produced agreement on the rationale for the doctrine. To the contrary, the search for a coherent and satisfying rationale remains among the main occupations of criminal law theorists. The dominant scholarly view holds that provocation is best explained and defended …
Voices Of Latino/A Immigrants In Southeast Michigan: Beyond The Criminal/Victim Dichotomy,
2011
Eastern Michigan University
Voices Of Latino/A Immigrants In Southeast Michigan: Beyond The Criminal/Victim Dichotomy, Maya Barak
Master's Theses and Doctoral Dissertations
Following humanitarian, social justice, and labor organizing traditions that readily incorporate Latino immigrants’ voices into their work, and drawing upon postmodern, feminist, and activist schools of thought, this study illuminates the history of immigration policy and discourse in America and the Latino community’s knowledge and expertise about life as an undocumented Latino immigrant in Southeast Michigan. The development of increasingly restrictive immigration policies is traced, paying special attention to the adaptation of a criminal justice/enforcement models to the realm of immigration control and the concurrent criminalization of undocumented immigrants. The effects of current immigration and immigrant-specific policies on criminal offenses …
A Comparative Analysis Of Genocidal Rape In Rwanda And The Former Yugoslavia: Implications For The Future,
2011
Eastern Michigan University
A Comparative Analysis Of Genocidal Rape In Rwanda And The Former Yugoslavia: Implications For The Future, Jessica Kruger
Master's Theses and Doctoral Dissertations
This work examines the genocidal rape policies that occurred in the Rwandan and former Yugoslavian conflicts. Traditionally, rape has been considered an unfortunate yet inescapable consequence of war. In the early 1990s, the Hutu and Serbian regimes developed a new tactic and utilized rape as a genocidal weapon. Following a comparative analysis framework, the present study will examine the similarities and differences of the genocidal rape in Rwanda and the former Yugoslavia. Five points of comparison were established: perpetrators, victims, global economics, social disorder, and militias. Results of this analysis show that Rwanda and the former Yugoslavia possessed common pre-genocidal …
Collective Efficacy And Intimate Partner \Violence: Community Context,
2011
Old Dominion University
Collective Efficacy And Intimate Partner \Violence: Community Context, Catherine B. Cowling
Sociology & Criminal Justice Theses & Dissertations
Intimate partner violence is a very serious issue in the United States. In spite of improvements, there is still much work to be done. Policies focusing on formal controls such as arrest, orders of protection, and prosecution have questionable potential. However, collective efficacy and the examination of community context have much to offer the field of intimate partner violence. Collective efficacy, comprised of social cohesion, social capital, and informal social control, may be more effective in reducing intimate partner violence than use of traditional formal social controls alone. These community context variables may also be of great assistance in improving …
The Myth Of The Fully Informed Rational Actor,
2011
University of Pennsylvania Carey Law School
The Myth Of The Fully Informed Rational Actor, Stephanos Bibas
Faculty Scholarship at Penn Carey Law
No abstract provided.
Identity And Behavior: Exploring An Understanding Of “Being” And “Doing” For Catholic Priests Accused Of The Sexual Abuse Of Minors In The United States,
2011
Graduate Center, City University of New York
Identity And Behavior: Exploring An Understanding Of “Being” And “Doing” For Catholic Priests Accused Of The Sexual Abuse Of Minors In The United States, Brenda K. Vollman
Dissertations, Theses, and Capstone Projects
The problem of the sexual abuse of minors by Catholic priests in the United States has been problematized as a phenomenon that is, in part, a distinction of the priesthood. Although it is known that there are sex offenders in the world who are not, nor were they ever, priests, this study sets forth to uncover whether or not the priests in the sample are, in fact, different on typical psychological risk factors than the at-large sex offender. More importantly, in the absence of notable differences on risk factor characteristics, this study explores the ways in which narrative structures are …
Abnormal Mental State Mitigations Of Murder – The U.S. Perspective,
2011
University of Pennsylvania Carey Law School
Abnormal Mental State Mitigations Of Murder – The U.S. Perspective, Paul H. Robinson
Faculty Scholarship at Penn Carey Law
This paper examines the U.S. doctrines that allow an offender's abnormal mental state to reduce murder to manslaughter. First, the modern doctrine of "extreme emotional disturbance," as in Model Penal Code Section 210.3(1)(b), mitigates to manslaughter what otherwise would be murder when the killing "is committed under the influence of extreme mental or emotional disturbance for which there is reasonable explanation or excuse." While most American jurisdictions are based upon the Mode Code, this is an area in which many states chose to retain their more narrow common law "provocation" mitigation. Second, the modern doctrine of "mental illness negating an …
Regulating The Plea-Bargaining Market: From Caveat Emptor To Consumer Protection,
2011
University of Pennsylvania Carey Law School
Regulating The Plea-Bargaining Market: From Caveat Emptor To Consumer Protection, Stephanos Bibas
Faculty Scholarship at Penn Carey Law
Padilla v. Kentucky was a watershed in the Court’s turn to regulating plea bargaining. For decades, the Supreme Court has focused on jury trials as the central subject of criminal procedure, with only modest and ineffective procedural regulation of guilty pleas. This older view treated trials as the norm, was indifferent to sentencing, trusted judges and juries to protect innocence, and drew clean lines excluding civil proceedings and collateral consequences from its purview. In United States v. Ruiz in 2002, the Court began to focus on the realities of the plea process itself, but did so only half-way. Not until …
