Digital Commons Network^™

The Hedonic Consequences Of Punishment Revisited, Christopher Wildeman, Kristin Turney, Jason Schnittker

Journal of Criminal Law and Criminology

No abstract provided.

Parental Incarceration: What We Know And Where We Need To Go, Christopher Uggen, Suzy Mcelrath

Journal of Criminal Law and Criminology

No abstract provided.

Criminalizing The Transmission Of Hiv: Consent, Disclosure, And Online Dating, Alexandra Mccallum

Utah Law Review

Ever since Human Immunodeficiency Virus (HIV) was first recognized as a widespread public health problem, policymakers and legal scholars have considered how criminal law should be used to influence the sexual behavior of people with HIV. Surely, HIV is a problem that affects the general health, safety, and welfare of citizens. Thus, as most cases of HIV are transmitted through sexual conduct, states can regulate this conduct pursuant to their police powers. Generally, states that criminalize the transmission of HIV through sexual conduct provide an exception for HIV-positive individuals who disclose their status and obtain consent5 from their partners. However, …

Reframing Domestic Violence As Terrorism Or Torture, Isabel Marcus

Journal Articles

No abstract provided.

From Villa Grimaldi To Guantánamo Bay: Remedying Human Rights Abuses In Chile And The United States, Nadia Shamsi

Cardozo Journal of International and Comparative Law

The article examines the effectiveness of transitional justice mechanisms in addressing human rights abuses, using Chile's experience under Augusto Pinochet as a model. It critiques the U.S. for failing to adopt similar approaches to accountability, particularly in addressing abuses at Guantanamo Bay and other detention centers. The analysis highlights the importance of combining truth commissions, criminal prosecutions, and reparations to achieve justice and promote democratic transition. It argues that the U.S. must align its domestic practices with the international human rights standards it promotes.

Application Of The State Immunity Rule In The International Criminal Justice System: Problems Arising And A Critique Of Legal Response Mechanisms, Celestine Nchekwube Ezennia

LLM Theses

The state immunity rule was founded upon such sound rationales as respect for the sovereign equality of all states and non-interference with state functions. However, its application in the international criminal justice system produces numerous problems. These include impunity for violation of peremptory international legal norms (like the prohibitions on serious international crimes) and violation of human rights. It also undermines the individual accountability and justice administration missions of the system because it shields state officials from criminal responsibility and subjects their victims to injustice. The international community has adopted various legal mechanisms which attempt to respond to these problems …

When Speech Isn't Free: Legal Barriers And Consequences Of Reporting Sexual Violence, Kevin M. Fleming

Departmental Honors Projects

Incidents of sexual violence continue to be a serious problem for society. Likewise, acts of sexual violence impose severe consequences for survivors. The consequences initially begin at the onset of the survivor’s journey to psychological recovery following the traumatic sexual assault. The consequences take on a unique set of characteristics when the survivor attempts to use the justice system to confront the perpetrator who committed the offense. These characteristics can transform an adversarial process into an isolated battle for the survivor. In the worst cases, the justice system empowers individuals who wish to silence survivors with free speech restrictions instead …

Rethinking Domestic Violence, Rethinking Violence, Aya Gruber

Publications

No abstract provided.

Book Review: American Jericho: A Book Review Of The Hanging Judge By Michael A. Ponsor, Giovanna Shay

Faculty Scholarship

No abstract provided.

The Far-Reaching Shadow Cast By Ferguson, Kimberly Jade Norwood

Scholarship@WashULaw

In the Dred Scott case, Justice Taney remarked that black people “had no rights which the white man was bound to respect.” In The Far-Reaching Shadow Cast by Ferguson, Professor Norwood questions whether, in today’s society, Justice Taney’s sentiment still holds true. Citing examples of recent police shootings and beatings of unarmed African-Americans and personal and family experiences, Professor Norwood argues that our country is broken and needs fixing. Professor Norwood concludes that we are not the ‘post-racial’ society we claim to be and that the Michael Brown shooting, among others, provides a watershed moment to confront our country’s underlying …

Neuroscientists In Court, Owen D. Jones, Anthony D. Wagner, David L. Faigman, Marcus E. Raichle

Vanderbilt Law School Faculty Publications

Neuroscientific evidence is increasingly being offered in court cases. Consequently, the legal system needs neuroscientists to act as expert witnesses who can explain the limitations and interpretations of neuroscientific findings so that judges and jurors can make informed and appropriate inferences. The growing role of neuroscientists in court means that neuroscientists should be aware of important differences between the scientific and legal fields, and, especially, how scientific facts can be easily misunderstood by non-scientists,including judges and jurors.

This article describes similarities, as well as key differences, of legal and scientific cultures. And it explains six key principles about neuroscience that …

Dusty Order: Law Enforcement And Participant Cooperation At Burning Man, Manuel A. Gomez

Faculty Books

Media depictions of Burning Man focus on the picturesque and eccentric appearance of the weeklong affair. The event is sometimes misportrayed as a lawless environment where participants are encouraged to engage in rowdy behavior. Most carnivalesque events offer an escape from reality and are generally thought to enable unruly conduct. Despite stereotypes, Burning Man is a different beast. Not only is the crime rate in Black Rock City lower than any other city of comparable size, but Burners show a high level of cooperative and law abiding behavior that helps maintain the social order without depending on official means of …

Juries, Lay Judges, And Trials, Toby S. Goldbach, Valerie P. Hans

All Faculty Publications

“Juries, Lay Judges, and Trials” describes the widespread practice of including ordinary citizens as legal decision makers in the criminal trial. In some countries, lay persons serve as jurors and determine the guilt and occasionally the punishment of the accused. In others, citizens decide cases together with professional judges in mixed decision-making bodies. What is more, a number of countries have introduced or reintroduced systems employing juries or lay judges, often as part of comprehensive reform in emerging democracies. Becoming familiar with the job of the juror or lay citizen in a criminal trial is thus essential for understanding contemporary …

The Growth Of Incarceration In The United States: Exploring Causes And Consequences, Jeremy Travis, Bruce Western, F. Stevens Redburn

Publications and Research

After decades of stability from the 1920s to the early 1970s, the rate of incarceration in the United States more than quadrupled in the past four decades. The Committee on the Causes and Consequences of High Rates of Incarceration in the United States was established under the auspices of the National Research Council, supported by the National Institute of Justice and the John D. and Catherine T. MacArthur Foundation, to review evidence on the causes and consequences of these high incarceration rates and the implications of this evidence for public policy.

Our work encompassed research on, and analyses of, the …

Regulating Sexual Harm: Strangers, Intimates, And Social Institutional Reform, Allegra M. Mcleod

Georgetown Law Faculty Publications and Other Works

The criminal regulation of sexual harm in the United States is afflicted by deep pathology. Although sexual harm appears before the law in a variety of forms—from violent rape, to indecent exposure, to the sexual touching by an older child of a younger child—the prevailing U.S. criminal regulatory framework responds to this wide range of conduct with remarkable uniformity. All persons so convicted are labeled “sex offenders,” and most are subjected to registration, community notification, and residential restrictions, among other sanctions. These measures purport to prevent the perpetration of further criminal sexual harm by publicizing the identities and restricting the …

Racial Profiling As Collective Definition, Trevor George Gardner

Scholarship@WashULaw

Economists and other interested academics have committed significant time and effort to developing a set of circumstances under which an intelligent and circumspect form of racial profiling can serve as an effective tool in crime finding–the specific objective of finding criminal activity afoot. In turn, anti-profiling advocates tend to focus on the immediate efficacy of the practice, the morality of the practice, and/or the legality of the practice. However, the tenor of this opposition invites racial profiling proponents to develop more surgical profiling techniques to employ in crime finding. In the article, I review the literature on group distinction to …

Marxist And Soviet Law, Stephen C. Thaman

All Faculty Scholarship

This chapter addresses both the Marxist critique of law before the Russian Revolution and the development of the Soviet Law Structure. It discusses the three main trends in Soviet Criminal Law before elucidating how these trends affected the General Part and the Special Part of Soviet Criminal Codes and overall Soviet criminal policy.

“Exploitation Creep” And Development: A Response To Janie Chuang, Aziza Ahmed

Faculty Scholarship

In her article Exploitation Creep and the Unmaking of Human Trafficking Law, Janie Chuang insightfully describes transformations in the discourse on trafficking as it shifted from sex trafficking to human trafficking, and as human trafficking came to be understood as forced labor, and now modern day slavery. With each of these transformations, the United States government, self-anointed “global sheriff” of anti-trafficking efforts, deepened its emphasis on a prosecution-oriented strategy focused on individual perpetrator accountability. As an alternative trajectory, Chuang identifies and convincingly argues for a labor-rights approach that takes into consideration the structural causes of exploitation in the labor market, …

Correcting Criminal Justice Through Collective Experience Rigorously Examined, James S. Liebman, David Mattern

Faculty Scholarship

Federal and state law confers broad discretion on courts to administer the criminal laws, impose powerful penalties, and leave serious criminal behavior unpunished. Each time an appellate court reviews a criminal verdict, it performs an important systemic function of regulating the exercise of that power. Trial courts do the same when, for example, they admit or exclude evidence generated by government investigators. For decades, judicial decisions of this sort have been guided by case law made during the Supreme Court's Criminal Procedure Revolution of the 1960s and 1970s. It is becoming increasingly clear, however, that the rule-bound, essentially bureaucratic regulatory …

A Good Name: Applying Regulatory Takings Analysis To Reputation Damage Caused By Criminal History, Jamila Jefferson-Jones

West Virginia Law Review

No abstract provided.

The Paradoxes Of Restitution, Mark A. Edwards

West Virginia Law Review

Restitution following mass dispossession is often considered both ideal and impossible. Why? This Article identifies two previously unnamed paradoxes that undermine the possibility of restitution: the time-unworthiness paradox and the collective responsibility paradox. After developing these ideas, the Article examines them in the context of a particularly difficult and intractable case of dispossession and restitution. The Article draws upon interviews with restitution claimants whose stories reveal the paradoxes of restitution.

A Historical Comparative Analysis Of Executions In The United States From 1608 To 2009, Emily Jean Abili

UNLV Theses, Dissertations, Professional Papers, and Capstones

The death penalty has been a contested issue throughout American history. The United States has been executing offenders since Jamestown became a colony in 1608 (Allen & Clubb, 2008). Since that time, many issues have been raised about the death penalty including whether or not it is moral, discriminatory, or a deterrent.

This study examines the history of executions, including lynchings, in the United States from 1608 to 2009 using a variety of sociological theories on law and society. Some of the research questions that guide this project are:

* What is the nature of change in the relative prevalence …

Dark Medicine: How The National Research Act Has Failed To Address Racist Practices In Biomedical Experiments Targeting The African-American Community, Anietie Maureen-Ann Akpan

Seattle Journal for Social Justice

No abstract provided.

Do We Have It Right This Time? An Analysis Of The Accomplishments And Shortcomings Of Washington's Indian Child Welfare Act, Karen Gray Young

Seattle Journal for Social Justice

No abstract provided.

Editorial, Willard M. Oliver

Qualitative Criminology (QC)

"In light of this being the second issue of the new journal and the last issue of Volume 1, I have many people to thank for making this issue – this volume – this journal – a reality."

Eugene Debs, Walls & Bars: Prisons & Prison Life In The “Land Of The Free”, Edward L. W. Green

Qualitative Criminology (QC)

"This piece reviews a largely overlooked account of prison experience written by Eugene V. Debs, concerning observations of prisons around the turn of the 20th century in the US. The book Walls and Bars: Prisons & Prison Life in the “Land of the Free” contributes many insights consistent with contemporary knowledge for criminology and criminal justice. It is not, however, without notable limitations. The subject-position of this account is clearly political and biased in a Protestant brand of morality and humanism. Debs expresses himself substantively throughout the book between the polemics of the sacred and the profane, although not in …

Building Grounds For Release: Women’S Perceptions Of A Community Corrections Program, Andrea Cantora

Qualitative Criminology (QC)

"Few studies have examined the role halfway houses play in helping women navigate the transition from prison to community. To add to this research, my article explores the perceptions and experiences of women residing at a New Jersey female halfway house upon their release from prison. In-depth qualitative interviews with 33 women that I conducted were analyzed to understand the prison to halfway house transition. The study aims to answer the following questions: How does the halfway house help and/or hinder the reentry process? How do women perceive the halfway house during this transitional phase? The results of my research …

John Irwin, Lifers: Seeking Redemption In Prison, Brian P. Schaefer

Qualitative Criminology (QC)

"The late John Irwin had a distinguished career researching the realities of American prisons and the associated cultures and norms that develop within these institutions. His legacy of research challenged widely held beliefs about the nature of imprisonment and reentry and introduced us to new frameworks to understand the prison industry. Along with famous works such as The Felon (1970), The Jail (1985), and The Warehouse Prison (2004), Irwin was instrumental in introducing Convict Criminology to academe, giving a voice to those who experienced the pains of imprisonment. In his final book, Lifers: Seeking Redemption in Prison (2009), Irwin once …

“We Incarcerate To Set Free:” Negotiating Punishment And Rehabilitation In Jail, Brittnie L. Aiello

Qualitative Criminology (QC)

"Criminology has documented the decline of rehabilitation in the age of get-tough approaches to crime and punishment. Therapy and punishment, however, are not mutually exclusive. Rehabilitation and traditional punishment have long co-existed in penal facilities. In this article, I examine the role of rehabilitation at Northeast Jail, a county jail in the U.S. that adhered to an ideology of rehabilitation. But Northeast Jail was, first and foremost, a penal facility where offenders were confined and punished. While staff and administrators at Northeast Jail routinely invoked a rhetoric of rehabilitation, they adhered to rules and engaged in punitive practices that interfered …

African American Perceptions Of Police Misconduct And Accountability, Ronald Weitzer, Rod K. Brunson

Qualitative Criminology (QC)

"This article examines city residents’ reported experiences with and perceptions of various forms of police misconduct as well as their perspectives on two types of accountability mechanisms: internal and external to the police department. The data are derived from in-depth interviews with adult African American residents of the city. Our findings highlight the complexities involved in establishing credible citizen-led review boards, particularly in the types of cities such as the one examined here, East St. Louis. Survey research reveals that a majority of the public supports the principle of external oversight, but this general support may be diluted in settings …