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Mitigating Sex Trafficking: Preventative Methods For Reducing Sexual Exploitation, Autumn Rain Monroe

University Honors Theses

In recent years, sex trafficking has become more well-known in the public sphere, generating activism and legislation in an effort to combat this human rights issue. With this increased awareness comes challenges in appropriately understanding sex trafficking. The general public and even lawmakers often do not understand the complete dynamic or complexities of sex trafficking. Definitional inconsistencies make it difficult to provide a universal definition of sex trafficking, contributing to misconceptions involving the methods of entry and the barriers to exiting. Ultimately, this prevents proper identification of victims, hinders the protection of victims, and the implementation of survivor-oriented legislation, meaning …

Methodological And Practical Considerations For Cross-Cultural Focus Groups On Sensitive Topics Within Criminal Justice And Criminology, Hillary Mellinger, Belén Lowrey-Kinberg, Maya Pagni Barak

Qualitative Criminology (QC)

Cross-cultural focus groups offer several advantages over other qualitative methods, particularly when the research goal is to better understand individual and collective perceptions, opinions, or conceptualizations of issues salient to marginalized groups. However, cross-cultural focus groups also pose several unique challenges despite their advantages. Therefore, more scholarly attention needs to address how to overcome these challenges. In this article, we tackle three issues related to cross-cultural focus groups: (1) defining homogenous regarding focus group formation; (2) incorporating intersectionality into cross-cultural focus groups while maintaining homogeneity in crucial aspects of participants’ identities; and (3) overcoming unexpected practical challenges that may appear …

Blood On The Walls: The Influence Of Place Management On Jail And Prison Victimization, Victor J. St. John

Qualitative Criminology (QC)

This study examines the influence of place management on victimization within jail and prison settings. The author conducts content and thematic analysis of narratives deriving from 87 individuals who were formerly incarcerated in Newark, New Jersey, and Cleveland, Ohio. Qualitative findings illustrate that place management may set the stage for victimization by exposing persons in custody to coercive interactions, inadequately surveilled places, deplorable physical conditions, and limited access to quality health services. Such treatment fosters poor relationships among occupants within the correctional setting. I conclude that mismanaged prisons and jails influence the perpetuation of violent victimization. Correctional administrations may foster …

Pilot Study: An Exploration Of Medication Assisted-Treatment (Mat) For Indigenous Americans Within Tribal Healing To Wellness Courts, Fanni Farago, Lindsay Smith, Violette Cloud, Michael Gordon, Faye Taxman

Qualitative Criminology (QC)

Considering the opioid epidemic’s adverse and disproportionate consequences on Indigenous American communities across the nation, United States federal agencies (i.e., Indian Health Service, the Bureau of Indian Affairs, and the White House Office of National Drug Control Policy) and Tribal nations are urgently calling for more substance use treatment and prevention efforts. Problem-solving courts (PSCs) are a well-known innovation for treating individuals with substance use disorders (SUDs) and those who have committed non-violent offenses. However, very little is known about these courts in indigenous communities and how they address substance use disorders. Drawing on a small sample of court coordinators …

Eroticization Of The Body, Reflexivity, And Qualitative Methodology In Criminology: An Omerta, Catherine Montgamny Grenier

Qualitative Criminology (QC)

This article reflects upon the notion of reflexivity in qualitative methodology, both generally and specifically within the field of criminology. This reflection stems from completing my pre-field research in Costa Rica, which I undertook while completing my doctoral thesis regarding the sexuality of solo female travelers. Based on a sexual assault I experienced during this pre-field research, I critically discuss the notion of reflexivity in cases where the security of researchers is undermined by the relations of power that exist between gatekeepers and participants as a result of gender identity and the eroticization of the body. This article specifically questions …

Actionable Motivational Interviewing: Gendered Perceptions Of Probation Officer-Client Relationships, C.J. Appleton, Lindsay Smith, Danielle S. Rudes

Qualitative Criminology (QC)

Prior research purports that probation officers (POs) view the differences between women and men clients as emotional, with women being more "in-touch" with their emotions and "self-aware" of their issues (Welsh, 2019). Since probation client satisfaction links to relationships with POs (DeLude et al., 2012), it is also important to examine clients' perceptions of POs using a gendered lens that considers the potential variations in women and men clients' views of officers. This study uses 15 semi-structured interviews with women and men clients in one Northwestern probation agency. We examine clients' perceptions of the officer-client relationship, finding that clients desire …

Put The Juvenile Back In Juvenile Court, Erin Fitzgerald

Villanova Law Review (1956 - )

No abstract provided.

Racial Discrimination In Jury Selection: The Urgent Need For Sixth Amendment Protections For Black Capital Defendants, Claire Austin

Marquette Benefits and Social Welfare Law Review

In the U.S., death row is made up of a disproportionate number of black persons. In capital trials, black defendants often face all white juries. The deep-rooted racial discrimination in the justice system impacts jury selection because prosecutors use peremptory strikes to remove black jurors from the jury panel. As the law stands today, the Sixth Amendment guarantee of an impartial jury made up of a fair representation of the jury applies only to the pool of jurors called in for jury service, not those who are actually selected to hear the case.

This comment analyzes the Supreme Court decision, …

Barrock Lecture: Democracy In The Criminal Justice System: An Assessment, Carissa Byrne Hessick

Marquette Law Review

None.

The 2022 Alabama Executions And The Crisis Of American Capitalpunishment, Alexandra L. Klein

Nevada Law Journal

The Death Penalty Information Center described 2022 as “the year of the botched execution” in its 2022 Annual Report. Alabama’s execution errors were especially serious: it attempted to execute four people, botched three of its four executions, and ultimately called off two executions. Alabama’s 2022 executions and its errors are the culmination of common problems in capital punishment across the United States. A full understanding of capital punishment requires an analysis of individual cases, including executions, and analysis of how that case fits within the system of capital punishment. Evaluating a single case may reveal unfairness and arbitrariness, but tracking …

Abolition And Environmental Justice, Allegra M. Mcleod

Georgetown Law Faculty Publications and Other Works

During the coronavirus pandemic, movements for penal abolition and racial justice achieved dramatic growth and increased visibility. While much public discussion of abolition has centered on the call to divest from criminal law enforcement, contemporary abolitionists also understand public safety in terms of building new life-sustaining institutions and collective structures that improve human well-being, linking penal divestment to environmental justice. In urging a reimagination of public safety, abolitionists envision much more than decriminalization or a reallocation of police functions to social service agencies or other alternatives to imprisonment and policing. Instead, for abolitionists, meaningful public safety requires, among other things, …

The Future Of Freedom Of Press In Indonesia After The Personal Data Protection Law Era, Untung Sumarwan, Arief Hidayat, Lita Tyesta Alw

Indonesia Law Review

The press is a manifestation of the sovereignty of the Indonesian people. Unfortunately, the spirit of freedom of the press seems to be still experiencing shocks from various angles, one of which is the birth of Law number 27 of 2022 concerning Personal Data Protection (PDP Law). On the one hand, the presence of the PDP Law should be appreciated as a form of government effort to protect citizens' rights to privacy. However, unfortunately, several article provisions in the PDP Law still intersect with the Press, which are not a form of restriction in positive terms but have the potential …

Morality In Law: An Analysis Towards The Legal Philosophy And Indonesia National Legal System, Ade Adhari, Tundjung Sitabuana, Indah Siti Aprilia

Indonesia Law Review

The philosophy of law schools, such as positivism and naturalism, always have opposing arguments about moral and law separation. Positivism on one side, believes that morality is a non-law element that has to be strictly separated from the law, while on the other side, naturalism says moral can not be separated from the law and that moral has to become the basis of every law. However, the positivism idea is arduous to be implemented in the current situation as the legal product is constantly managed to conform with the moral values. The objectives of this paper are to study: (1) …

Punitive Instead Of Rehabilitative: The Role Of Restitution In The Juvenile Justice System And The Need For Reconstruction, Sydney Ford

Georgia Criminal Law Review

The juvenile justice system was founded on the premise of giving specific attention to the needs of youth and rehabilitating them. Over the years, the juvenile justice system evolved to include more rights and protections for youth while still maintaining that their goal was to rehabilitate justice-involved youth. Restitution, one method of disposition, began as a way to continue this rehabilitation-based mission and provide an alternative to incarceration. However, rehabilitation’s disproportionate and punitive application, with a lack of consistency across state lines, does not coincide with rehabilitation anymore. This article argues that restitution does not align with rehabilitation, the core …

Legalize For Legal Highs: How Georgia Can Address Racial Disparities In The Criminal Legal System By Legalizing Recreational Cannabis, Nneka Ewulonu

Georgia Criminal Law Review

Cannabis prohibition is a policy failure that nevertheless continues to impact more than half of Americans, including Georgians. Remaining true to its roots in racism and xenophobia, cannabis criminalization has disparate impacts, with Black Americans being more likely to be arrested or incarcerated for a cannabis related offense. Furthermore, cannabis criminalization results in tens of millions of missed tax dollars for the state. This article argues for a clear policy solution; it is time for Georgia to legalize cannabis. As demonstrated by the 21 states that have legalized recreational cannabis as of Fall 2022, legalizing recreational cannabis creates both economic …

Progressive Prosecution, Sherry Boston, Rachel Foran, Deborah Gonzalez

Georgia Criminal Law Review

No abstract provided.

Juvenile Sentencing In Georgia, Randee Waldman, Emily Boness, Kaitlyn Barnes, Aakeem Woodard

Georgia Criminal Law Review

No abstract provided.

Event Overview, Georgia Criminal Law Review Editors

Georgia Criminal Law Review

No abstract provided.

Does Today's India Need 'Decolonisation' Speak?, Salmoli Choudhuri, Moiz Tundawala

Popular Media

This article analyses the introduction of three new Bills to replace the Indian Penal Code, 1860, the Indian Evidence Act, 1872 and the updated Criminal Procedure Code of 1973—the Bharatiya Nyaya Sanhita, Bharatiya Sakshya Bill and Bharatiya Nagarik Suraksha Sanhita, respectively—in light of Indian and global discourse on decoloniality.

Excerpt:

"The proposed exercise of indigenising laws – insincere at best and dangerous at worst – would only bring about a surface-level change of the imaginary through a spectacular show of rejecting the colonial inheritance while harbouring no aspirations for freedom at the structural and systemic level of the symbolic order …

Examining Remorse In Attributions Of Focal Concerns During Sentencing: A Study Of Probation Officers, Colleen M. Berryessa

International Journal on Responsibility

This research, using interviews with probation officers in the United States (n = 151) and a constant comparative method for analysis, draws from the focal concerns framework to qualitatively model a process by which probation officers use a defendant’s remorse to attribute focal concerns in order to guide their sentencing recommendations in pre-sentencing reports. The model suggests that officers use expressions of remorse to make attributions about mitigated criminal intention (blameworthiness and notions of responsibility), reduced dangerousness and a high potential for reform (community protection), and organization-level effects for increasing caseload efficiency and using correctional resources (practical effects of …

Texas Juvenile Justice: The Need For A “Second Look” At Juvenile Prison Sentences, Kyle Jenkins

St. Mary's Law Journal

No abstract provided.

The History Of Forensic-Science Evidence In Criminal Trials And The Role Of Early “Success” In Establishing Its Putative Reliability, Carrie Leonetti

St. Mary's Law Journal

This Article posits the history of forensic-science evidence plays a significant role in the unquestioning manner of its modern acceptance. It traces early high-profile forensic science “successes” and the public reactions to them. It argues the public perception of the “advances” of forensic science continues to play a role in the lack of scrutiny given to these disciplines in admissibility decisions today. It concludes, when it comes to forensic science, history should play a different role by serving as a critical warning rather than a congratulatory buttress.

Lone Star Crime: The Criminal Enforcement Of Environmental Law In The State Of Texas, Dr. Joshua Ozymy, Dr. Melissa Jarrell Ozymy

St. Mary's Law Journal

Most transgressions of environmental law in the United States are remedied with civil or administrative tools. When crimes involve significant harm or culpable conduct, criminal enforcement tools may be applied. With the importance of environmental criminal enforcement for punishing offenders and deterring future offenses, we still have little empirical understanding of this phenomenon in Texas. We use content analysis of 2,588 federal environmental criminal prosecutions that result from EPA criminal investigations from 1983 to 2019 and select all prosecutions occurring in Texas. Our approach allows us to explore prosecution patterns over time, examine charging and sentencing trends, and draw out …

Committee Prosecution: Using Expert Opinion To Make Criminal Justice Descisions More Impactful, Ellison Berryhill

University of Michigan Journal of Law Reform Caveat

Those uninitiated to the reality of the United States’ criminal justice framework may believe that judges are the most powerful actors in the system. These casual observers watch crime shows filled with trials where judges make rulings and yell at people who are out of line. Viewers may believe in the adversarial system as a war between zealous prosecutors seeking justice and defense attorneys fighting for their client’s innocence. They may think of judges as neutral arbiter who makes the ultimate decisions. Unfortunately, that is not the case.

Alternatively, casual observers may think that the jury is the most powerful …

Criminalization Of Community-Based Ecotourism (Cbet) In Indonesia: The Cases Of Pari Island, Kepulauan Seribu, Janthi Dharma Shanty, Bono Budi Priambodo

Journal of Indonesian Tourism and Policy Studies

Pari islanders have revamped their island into cultural ecotourism destination since 2010. It has been successful because the activities have diverted the islanders’ dependence on the hard-pressed local coastal and fisheries resources and supplemented their income. This is a win-win situation the Indonesian government seeks to create with the 2007 Coastal Zone and Small Islands Management Law where natural conservation benefits local populace economically. The Law stipulates, among others, that community participation is one of the integrated coastal zone management principles. The Law also prioritizes coastal zones for conservation and tourism activities. Pari islanders thus have already implemented the imperatives …

Book Review: Derviš M. Korkut: A Biography—Rescuer Of The Sarajevo Haggadah, Ehlimana Memišević

Genocide Studies and Prevention: An International Journal

At the beginning of 2020, the Sarajevo-based publishing house El-Kalem, released a biography of Derviš M. Korkut, a Bosniak hero, to whom Yad Vashem posthumously awarded Righteous among the Nations on December 14, 1994.

Winston Churchill's words, with which the author begins the biography—that the Balkans produce more history than they can handle—best describe the difficult times in which Korkut lived. For Korkut and his fellow Bosnians, these difficult times lasted from the beginning of the 20th century to its very end.

The book is based on exhaustive archival research and reconstructs Korkut’s life very precisely, while the concise overview …

Why Judges Should Use 18 U.S.C. § 3553 To Assess Prison Sentences Qualitatively In The Context Of Collateral Relief, Luke Doughty

Indiana Journal of Law and Social Equality

No abstract provided.

Estimating The Impact Of The Age Of Criminal Majority: Decomposing Multiple Treatments In A Regression Discontinuity Framework, Michael Mueller-Smith, Benjamin David Pyle, Caroline Walker

Faculty Scholarship

This paper studies the impact of adult prosecution on recidivism and employment trajectories for adolescent, first-time felony defendants. We use extensive linked Criminal Justice Administrative Record System and socio-economic data from Wayne County, Michigan (Detroit). Using the discrete age of majority rule and a regression discontinuity design, we find that adult prosecution reduces future criminal charges over 5 years by 0.48 felony cases (↓ 20%) while also worsening labor market outcomes: 0.76 fewer employers (↓ 19%) and $674 fewer earnings (↓ 21%) per year. We develop a novel econometric framework that combines standard regression discontinuity methods with predictive machine learning …

To The Court Of Last Resort: A Prosecutorial Roadmap In The Aftermath Of State Violence In Chile And Colombia, David F. Scollan

University of Miami Inter-American Law Review

A great deal of academic research and writing has been done on the most glaring examples of war crimes and crimes against humanity. But, only a small cadre of authors have endeavored to identify the ‘lower limit’ of when state action qualifies as these heinous acts. This Note strives to add to that area of legal scholarship aimed at bringing instances of in-country state perpetrated violence out from the behind the veil of sovereign police action and into the spotlight to call them what they are: crimes worthy of international condemnation and punishment. Specifically, this Note unpacks two spasms of …

A Reflection On Contemporary Issues Regarding The Death Penalty, Talia R. Harmon, David Taylor, Chelsea Henning

Journal of Criminal Justice and Law

The general trend in the use and application of the death penalty is an increasing movement toward abolition. This is reflected in the repeal of state death penalty laws, state moratoriums, and the reduction in executions and death sentences. The nature of the death penalty debate has also changed in the past two decades. Radelet and Borg (2000) provided an exhaustive overview of the nature of the debate surrounding capital punishment. This comment updates and reflects on some of the crucial contemporary scholarship that has been done in the following six central areas: incapacitation, deterrence, caprice and racial bias, retribution, …