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Legal Anarchism: Does Existence Need To Be Regulated By The State, Sirus Kashefi

PhD Dissertations

This thesis asks does existence need to be regulated by the State? The answer relies on legal anarchism, an interdisciplinary, particularly criminal law and philosophy, and unconventional research project based on multiple methodologies with a specific language. It critically analyzes and consequently rejects State law because of its unjustified and unnecessary nature founded on unlimited violence and white-collar crime (Chapters 1-4), on the one hand, and suggests some alternatives to the Governmental legal system founded on agreement and peace (Chapter 5), on the other hand. It furthermore takes into account the elements of time and space, which means the ecological, …

Forgiveness, Blame, And Punishment, James Staihar

Buffalo Public Interest Law Journal

When someone commits a crime with no exculpatory defenses,he is blameworthy and deserves to be punished. Nevertheless, assuming the criminal were to satisfy some conditions, he could become forgivable. In this Essay I defend a restorative theory of what it means to forgive a criminal and when the forgiveness of a criminal would be warranted. My defense is unique in that I ultimately derive my theory offorgiveness from a novel theory of when criminals deserve to be punished. My restorative theory of forgiveness yields at least two general insights that are generally not appreciated in the prior literature on forgiveness. …

Penal Welfare And The New Human Trafficking Intervention Courts, Kate Mogulescu, Aya Gruber, Amy J. Cohen

Faculty Scholarship

No abstract provided.

Expert Workshop Session: Regulatory Framework, Ashley Ferrelli, Eric Heath, Eulen Jang, Cory Takeuchi

Georgia Journal of International & Comparative Law

No abstract provided.

Mater Et Magistra; The United States Supreme Court; The Eichmann Trial; Positivism; Life, Death, Law; Charitable Contributions; Capital Punishment; Natural Law; Aid To Education

The Catholic Lawyer

No abstract provided.

People With Secrets: Contesting, Constructing, And Resisting Women’S Claims About Sexualized Victimization, Rose Corrigan, Corey S. Shdaimah

Catholic University Law Review

What do sexual assault victims and women charged with prostitution have in common? Both are processed through a criminal justice system where legal actors assess their claims of victimization and either provide or deny resources and recognition in response to those claims. Ideal victim theory posits that not all victims’ claims are treated equally due to static factors such as personal characteristics or case facts. Professor Corrigan and Professor Shdaimah present the Arena of Intelligibility, an original analytical tool developed from their empirical data, to more effectively explain case outcomes for women affected by sexual crimes.

The Arena explains criminal …

Criminal Punishment - Legal And Moral Considerations, S. Oley Cutler, S.J.

The Catholic Lawyer

No abstract provided.

Crime And Punishment, Pope Pius Xii

The Catholic Lawyer

No abstract provided.

Private Prisons And The New Marketplace For Crime, André Douglas Pond Cummings, Adam Lamparello

Law Faculty Scholarship

A saner and safer prison policy in the United States begins by ending the scourge of the private prison corporation and returning crime and punishment to public function. We continue by radically reimagining our sentencing policies and reducing them significantly for non-violent crimes. We end the War on Drugs, once and for all, and completely reconfigure our drug and prison policy by legalizing and regulating marijuana use and providing health services to addicts of harder drugs and using prison for only violent drug kingpins and cartel bosses. We stop the current criminalization of immigration in its tracks and block the …

Rape And Mental Health Outcomes Among Women: Examining The Moderating Effects Of “Healthy” Fear Levels, Ryan E. Spohn, Emily M. Wright, Johanna C. Peterson

Criminology and Criminal Justice Faculty Publications

This study examined the mediating and moderating impact of fear of victimization on the relationships between forcible and vicarious rape on depression and PTSD among college women. Forcible and vicarious rape positively affected PTSD and depression symptomology, but fear did not mediate these relationships. Fear moderated the impact of forcible rape on PTSD, but was not a moderator for depression. Findings suggest that there may be “healthy” levels of fear in the aftermath of victimization where having too little fear may leave women unnecessarily vulnerable to victimization, while having too much fear may lead to social isolation and withdrawal.

Imagined Identities: Defining The Racial Group In The Crime Of Genocide, Carola Lingaas

Genocide Studies and Prevention: An International Journal

The provisions on genocide protect four exclusive, amongst others the racial, groups. Yet, international criminal tribunals are manifestly uncomfortable with collective groupings and interpret ‘race’ rather inconsistently. Nevertheless, there is a tendency to a subjective approach based upon the perpetrator’s perception of the targeted group. The victim’s membership is accordingly not determined objectively, but by the perception of differentness. This article incorporates the theory of imagined identities into law, thereby providing tribunals with a tool to define ‘race’. Its essence is that even if the group does not exist, it must be granted protection because of its perceived and thereby …

The Jurisdiction Of The Irish Courts In The Protection Of The Constitutional Rights Of A Person Accused Of A Crime., Adrian Berski

Reports

Studying the Irish Constitutional Law, requires the understanding of how the Irish Political System was evolved. Montesquieu's tripartite system, adopted by the Republic of Ireland is the judiciary[1] has a particular place in the Irish Constitution in articles 34 - 37[2].

The main purpose of this essay is to analyse the balance between the jurisdiction of the Irish Courts in the protection of the constitutional rights of a person accused of a crime and the functioning of the criminal justice system in protecting Society`s general interest. The first section presents a brief summary of the courts functions …

Insanity As A Defense In Criminal Law, S. Oley Cutler, S.J.

The Catholic Lawyer

No abstract provided.

John M. Hagedorn, The Insane Chicago Way: The Daring Plan By Chicago Gangs To Create A Spanish Mafia, Thomas Barker

Qualitative Criminology (QC)

"In The Insane Chicago Way, Professor Hagedorn opines that the super street gangs in Chicago have fundamentally changed since the 1990s. He provides an “institutionalized history” of the rise and fall of the Spanish Growth and Development (SGD) alliance to document the fundamental changes in Chicago. He rightly concludes that the SGD is “almost completely unknown to the public, the police, the professors and even most gang members” (p. 1). This powerful SGD case study is supported by the author’s long history of gang study and his interviews with gang leaders and street gang members, and with organized crime—Chicago …

Editorial, Tom Holt

Qualitative Criminology (QC)

"Welcome to the first issue of the fourth volume of the Journal of Qualitative Criminal Justice & Criminology. This is my first issue as editor, and I am pleased to continue along the path established by Will Oliver. It has been both exciting and challenging to take the reins and transition into this role. Thankfully Will already had a great crop of articles prepared for this issue. In a way, you could argue this issue is a result of both of our efforts. To that end, this issue highlights the journal’s continued emphasis on high-quality qualitative scholarship. The first …

Mass Murder And The Mass Media: Understanding The Construction Of The Social Problem Of Mass Shootings In The Us, Jaclyn Schildkraut

Qualitative Criminology (QC)

"Nearly as soon as the first shot is fired in a mass shooting, the news media already are rushing to break coverage, the likes of which typically last days or, in the more extreme cases, weeks. Though mass shootings are rare in occurrence, the disproportionate amount of coverage they receive in the media leads the public to believe that they occur at a much more regular frequency than they do. In order to understand how the public comes to understand mass shooting events, however, one first must understand how the stories are constructed by the media. The present study takes …

Old Message In A New Bottle: Taking Gang Rivalries Online Through Rap Battle Music Videos On Youtube, Joseph D. Johnson, Natalie Schell-Busey

Qualitative Criminology (QC)

"The Internet is changing society, including criminal behavior. It has been shown that gangs are active online, but it is unclear how gangs are using the Internet. Most studies seem to conclude that gang members are not using the Internet instrumentally to commit or promote criminal behavior, but these same studies show that gang members use social media for flame wars— to insult and threaten one another. We argue that using social media in this way is actually an instrumental use of the Internet because it promotes violence. According to the code of the street, a diss requires a response, …

Jody Miller And Wilson R. Palacios, Editors, Qualitative Research In Criminology, Carl Root

Qualitative Criminology (QC)

"Qualitative Research in Criminology is Volume 20 in the series titled Advances in Criminological Theory edited by William S. Laufer and Freda Adler. The title of Miller and Palacios’ contribution brings to mind the saying “one of these things is not like the others.” In fact, they acknowledge as much on page three of the introduction, as they state, “For some readers, our strategy may beg the question, why does a volume oriented around methodology belong in a theoretical series?” Miller and Palacios give a brief answer to this question, but allow the seventeen chapters that comprise their volume …

Homeland Security In The Post-9/11 Era: Forced Compliance Along The Northern Border, Nancy E. Marion, Ronald Gelleny

Qualitative Criminology (QC)

"The border relationship between the U.S. and Canada has traditionally been very trusting, allowing for an ease of trade and travel. However, the terrorist attacks of 9/11 altered this comfortable association. Now, U.S. policy is geared toward protecting the homeland from illegal immigration and potential terrorist actions. In other words, for Americans, security concerns trump trade. At the same time, Canada remains concerned with maintaining an ease of trade and travel with the U.S. To do this, Canada has been forced to establish and implement increased security measures as outlined by U.S. officials, even though there is strong opposition from …

When The Watchers Are Watched: An Interpretive Phenomenological Analysis Of Body-Worn Cameras, David A. Makin

Qualitative Criminology (QC)

"This research explores the individual construction of the bodyworn camera (BWC) within what would be labeled as an average size police agency. Using a pre- and post-implementation qualitative design and leveraging interpretive phenomenological analysis as the analytical strategy, this research explores the nuanced reaction to this technological diffusion within the agency. Results reveal global themes spanning a continuum of negative and positive reactions to the diffusion, with an overwhelming acceptance of the device and individual construction of how best to use the device. While providing an initial lens of analysis for future researchers, the research includes considerable unanswered questions concerning …

The Sanctity Of Life And The Criminal Law, Rev. Anthony F. Logatto, M.S.S.S., Ll.B.

The Catholic Lawyer

No abstract provided.

Police And Gangs: Undergraduates’ Perceptions Of The Similarities And Differences, Seroyah Williams

Honors College Theses

Police have been said to be the largest gang in America with badges. With recent events occurring throughout the United States, including police shootings of unarmed citizens, some may say that the police have shown various characteristics similar to those of gangs. Does the public also view officers, in general, in the same perspective? Surveys were administered to a large class of Georgia Southern University students to acquire their perceptions of both the police and gangs. Each student listed characteristics of the police and gangs, their opinion, and different ways those perceptions have been formed. The data collected revealed more …

Keynote Address, Stephen B. Bright

Mercer Law Review

No abstract provided.

Session One: Learning From Souther History And Culture

Mercer Law Review

No abstract provided.

Session Two: Learning From Struggles

Mercer Law Review

No abstract provided.

Rape And Sexual Violence: Questionable Inevitability And Moral Responsibility In Armed Conflict, Katherine W. Bogen

Scholarly Undergraduate Research Journal at Clark (SURJ)

Wartime sexual violence is a critical human rights issue that usurps the autonomy of its victims as well as their physical and psychological safety. It occurs in both ethnic and non-ethnic wars, across geographic regions, against both men and women, and regardless of the “official” position of commanders, states, and armed groups on the use of rape as tactic of war. This problem is current, pervasive, and global in spite of the status of wartime sexual violence perpetration as a crime against humanity and the capacity of the international criminal court to indict offenders. Though some scholars have argued that …

Formulating New Models In The More Guns, Less Crime Debate, Justin Shane Carothers

Student Theses and Dissertations

Recent statistical studies suggest that the presence of right to carry (RTC) laws increase crime on all fronts. Like many before it, this debate hinges on model specification and our ability to conceptualize real world mechanisms into social science models. I evaluate and modify previous economic models concerning the “More Guns, Less Crime” hypothesis in order to test those findings. I also expanded previous panel data that originally ended in 2006 with the most up to date uniform Crime Reporting (UCR) data and created a new open-carry dummy variable. Each model uses data from 1970 to 2013 for all fifty …

Debunking Unequal Burdens, Trivial Violations, Harmless Stereotypes, And Similar Judicial Myths: The Convergence Of Title Vii Literalism, Congressional Intent, And Kantian Dignity Theory, Peter Brandon Bayer

St. John's Law Review

(Excerpt)

The line of argument is not complex. Part I explicates the unequal burden doctrine and its link to the predecessor theory of “mutable characteristics.” Part II offers the aforementioned statutorily formal argument, disproving unequal burden theory through an examination of Title VII’s plain language and structure in light of modern Supreme Court precedents addressing Title VII’s ban against stereotyping. This analysis places special emphasis on 42 U.S.C. § 2000e-2(m), in which Congress clarified that plaintiffs prevail when discriminatory animus merely is a “motivating factor” rather than the “but-for cause” of the defendants’ conduct.

Although not the lengthiest discussion herein …

The Territorial Principle In Penal Law: An Attempted Justification, Patrick J. Fitzgerald

Georgia Journal of International & Comparative Law

No abstract provided.

“Why So Serious?” Threat, Authoritarianism, And Depictions Of Crime, Law, And Order In Batman Films, Brandon Bosch

Department of Sociology: Faculty Publications

Drawing on research on authoritarianism, this study analyzes the relationship between levels of threat in society and representations of crime, law, and order in mass media, with a particular emphasis on the superhero genre. Although the superhero genre is viewed as an important site of mediated images of crime and law enforcement, cultural criminologists have been relatively quiet about this film genre. In addressing this omission, I analyze authoritarian themes (with an emphasis on crime, law, and order) in the Batman film franchise across different periods of threat. My qualitative content analysis finds that authoritarianism themes of fear and need …