Digital Commons Network^™

Entering Without Breaking: Challenges And Strategies Of The Qualitative Criminologist Investigating Carceral Spaces, Anaïs Tschanz

Qualitative Criminology (QC)

"Although qualitative methodology courses in criminology make it possible to gain theoretical and practical training in the collection, analysis and interpretation of data gathered using qualitative tools, these more rarely help address more targeted questions and concerns. Without making any claim to offer definitive solutions beyond the status of “tip,” this article attempts to tackle “things they don't really teach you how to handle in your qualitative methodology class,” concerning research in a carceral environment. By characterising carceral space as an opaque, all-encompassing environment pervaded by spatiotemporal constraints, it describes strategies that can be implemented in the face of organisational, …

Quicker, J. C., Batani-Khalfani, A. S., Before Crips: Fussin’, Cussin’, And Discussin’ Among South Los Angeles Juvenile Gangs., Shilpashri Karbhari

Qualitative Criminology (QC)

"Before Crips: Fussin’, Cussin’, and Discussin’ Among South Los Angeles Juvenile Gangs delves into a criminological discussion of juvenile gangs in South Los Angeles. Authors John C. Quicker and Akil S. Batani-Khalfani, deconstruct the term “juvenile gangs” and instead recommend using “street groups.” Chapters one through nine provide a historical timeline of the various pre-Crip-and-Blood gangs in South Central Los Angeles, past and present theoretical approaches, and the origins of the Slausons, one of the established early gangs in South Los Angeles. The book features a visual description of the various clubs, street groups, and gangs that were visible …

Decker, S. H., Pyroox, D. C., & Densley, J. A., On Gangs, Charles Cunha

Qualitative Criminology (QC)

"The authors of the book, On Gangs, are well-known criminologists specializing in criminology and gangs. Scott H. Decker is a Foundation Professor Emeritus of Criminology and Criminal Justice at Arizona State University. David C. Pyrooz is an Associate Professor of Sociology at the University of Colorado Boulder. James A. Densley is a Professor and Department Chair of Criminal Justice at Metropolitan State University. The authors provided a current compilation of robust knowledge."

Transplantasi Hukum Prinsip National Treatment Dalam Undang-Undang Penanaman Modal Indonesia, Desky Setiawan

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Foreign investment is one of the important elements of development for developing countries. Indonesia as a developing country needs to make efforts to pull foreign investment into the country. One of the efforts is by transplanting international legal principles aimed at foreign investor protection, such as National Treatment Principle which gives protection to the foreign shareholder by providing the same treatment to the foreign investor and domestic investor, therefore, creating a level playing field for business in the country for foreign and domestic investors alike. The legal transplant of international legal principles must also consider the existing legal rules and …

The Fiscal Impact Of Marsy's Law: A Financial Analysis Of Victims' Rights Policy In Nevada, Elia Del Carmen Solano-Patricio

Undergraduate Research Symposium Lightning Talks

Since 2008, the "Marsy's Law" campaign has sought to embed in state constitutions a specific and lengthy set of victims' rights. In 2018, voters ratified "Question 1" in Nevada which broaded the definition of the term victim to any person directly and 'proximately' harmed by a criminal offense. As a result, Marsy's Law opens the door to the interpretation of the word "crime" and the word "victim."

Determinism V. Free Will & Genetic Evidence Of Addiction In Plea Bargaining And Sentence Mitigation: Conversion Of Incarceration To Probation And Rehabilitation Based On Genetic Addiction Risk Severity (Gars) Test, Kenneth Blum, Paul Mullen, Richard Green

St. Mary's Law Journal

In this Article, Dr. Kenneth Blum and his team present the case of a presently abstinent, thirty-five year old alcoholic (“AG”) who has several convictions for DWI. AG has undergone and continues to be engaged in out-patient substance abuse treatment. He entered treatment before adjudication and was mandated by the court to continue treatment to assist in maintaining sobriety. Treatment included the administration of the Genetic Addiction Risk Severity (“GARS”) Test.

AG was facing a probable five-year sentence for his fifth DWI conviction in Bexar County, Texas. However, because AG’s genetic risk results indicated a genetically induced dopamine dysfunction, hypodopaminergia, …

Social Trust In Criminal Justice: A Metric, Joshua Kleinfeld, Hadar Dancig-Rosenberg

Notre Dame Law Review

What is the metric by which to measure a well-functioning criminal justice system? If a modern state is going to measure performance by counting something—and a modern state will always count something—what, in the criminal justice context, should it count? Remarkably, there is at present no widely accepted metric of success or failure in criminal justice. Those there are—like arrest rates, conviction rates, and crime rates—are deeply flawed. And the search for a better metric is complicated by the cacophony of different goals that theorists, policymakers, and the public bring to the criminal justice system, including crime control, racial justice, …

Tragedies Of The Cultural Commons, Etienne C. Toussaint

Faculty Publications

In the United States, Black cultural expressions of democratic life that operate within specific historical-local contexts, yet reflect a shared set of sociocultural mores, have been historically crowded out of the law and policymaking process. Instead of democratic cultural discourse occurring within an open and neutral marketplace of ideas, the discursive production and consumption of democratic culture in American politics has been rivalrous. Such rivalry too often enables dominant White supremacist cultural beliefs, values, and practices to exercise their hegemony upon law’s production and meaning. The result has been tragedy for politically disempowered and socioeconomically excluded communities.

This Article uses …

Forks Over Knives: Predictive Inconsistency In Criminal Justice Algorithmic Risk Assessment Tools, Travis Greene, Galit Shmueli, Jan Fell, Ching-Fu Lin, Han-Wei Liu

Research Collection Yong Pung How School Of Law

Big data and algorithmic risk prediction tools promise to improve criminal justice systems by reducing human biases and inconsistencies in decision-making. Yet different, equally justifiable choices when developing, testing and deploying these socio-technical tools can lead to disparate predicted risk scores for the same individual. Synthesising diverse perspectives from machine learning, statistics, sociology, criminology, law, philosophy and economics, we conceptualise this phenomenon as predictive inconsistency. We describe sources of predictive inconsistency at different stages of algorithmic risk assessment tool development and deployment and consider how future technological developments may amplify predictive inconsistency. We argue, however, that in a diverse and …

Prevention Of Child Sexual Abuse In South Africa: Assessing The Role Of Parents, Community Leaders, Educators, And Social Workers, Nosisa Mabetshe, Emeka E. Obioha, Ishmael Mugari, Elphina N. Cishe

Dignity: A Journal of Analysis of Exploitation and Violence

Child sexual abuse is a global problem and is prevalent in South Africa. Child sexual abuse significantly harms the victims. This study looked at child sexual abuse prevention, focusing on the community, school system, and social workers. A mixed methods research method was used. Data were collected from 115 questionnaire respondents, of which 15 in-depth interview participants were selected. The sample was selected using purposive sampling and stratified random sampling techniques. Low reporting of incidents is hindering the effective response to child sexual abuse. The study revealed the significant role parents and community members could play in preventing child sexual …

Mekanisme Hukum Adat Perdmaian (Mela Sare) Dalam Mewujudkan Rekonsiliasi Para Pihak Pasca Putusan Pengadilan Pada Masyarakat Lamaholot Di Adonara – Flores Timur, Handrianus David Ola Sili

Jurnal Hukum & Pembangunan

The substance aspect that underlies this writing in the Adonara community, the implication of a court decision is the breakdown of relations / relations both personal and social between the parties to the dispute or "kenetun". In order for the implication of the court decision to help eliminate the "kenetun" customary bulkhead, an effort was made to reconcile the parties to the dispute. Interesting to study more deeply, the Lamaholot community has a customary law tradition that is packaged in the traditional ritual of peace mela sare. This research is sociological law (sociological legal research) or empirical legal research with …

Maternal Figures Or Aggressors: Controlling Images In Newspaper Constructions Of Police Violence Against Black Women And Men, Ashley Hollingshead

Qualitative Criminology (QC)

"In the last decade, media coverage of state-sanctioned police violence against Black women and men re-emerged. Despite campaigns that expose how Black women and men become victims of police violence, Black men’s fatalities gain more traction, garnering national outrage and calls for police reform, policy reform, and criminal justice reform (Crenshaw & Ritchie, 2015). I conduct a content analysis of 76 newspaper articles covering 24 cases of Black women and men from 2016 to determine how newspapers construct narratives of Black women and state-sanctioned violence in comparison to Black men. Newspaper articles reflect and construct differing narratives on Black women’s …

"Everything I Believe Is Rooted In Love": Women And Non-Binary Activists Of Color Fighting For The Practice And Promise Of Abolition, Brittany Pearl Battle

Qualitative Criminology (QC)

"The police murders of Breonna Taylor and George Floyd in the first half of 2020 sparked a powerful movement against police violence, white supremacy, and the carceral state with millions taking to the streets in the U.S. and globally. The movement coalesced around calls for police accountability, and to defund and abolish the prison industrial complex. While these calls for abolition were certainly not new, they reached national dialogues in a way not previously experienced. Although there are significant projects exploring abolition as a theory, there is not much scholarship on the specific area of the social movement that advocates …

Reclaiming Our Stories: Centering The Voices, Experiences, And Expertise Of Black, Indigenous, And Women Of Color (Biwoc) On The Carceral State (Introduction To The Special Issue), Janet Garcia-Hallett, Kanika Samuels-Wortley, Tri Keah Henry, Andrea S. Boyles

Qualitative Criminology (QC)

"This special issue of the Journal of Qualitative Criminal Justice and Criminology pays critical attention to systemic forces that impact Black, Indigenous, and Women of Color (BIWOC). It honors, respects, and reinforces the visibility of BIWOC not only as targets, survivors, activists, and community advocates relative to carceral systems, but showcases our presence as scholars with expertise across its components. In both instances, there continues to be erasure and invisibility that we hope to transform through this series. Reclaiming Our Stories takes on this challenge. This special issue highlights intersectional qualitative work, which includes articles written by BIWOC criminologists and …

One Hundred Tones, One Decision: Exploring Race, Skin Tone, And Motivations For Becoming A Criminal Justice Practitioner, Talisa J. Carter

Qualitative Criminology (QC)

"Overall, scholarship finds individuals have similar motivations to work in the criminal justice system. However, several studies acknowledge race and gender can influence motivations to work as justice professionals. Absent from the motivation and criminal justice profession literature is the potential role that skin tone plays. This gap is surprising as research firmly establishes people with darker skin complexions are more likely to negatively experience the criminal justice system. And thereby may find working as a criminal justice practitioner less desirable. Taken together, this raises the question, how does skin tone impact motivations to work in the justice system? To …

"I Went From Being Held Captive To Captivity Again": How The Criminal Legal System Fails Black Women And Girl Survivors Of Sex Trafficking, Cassandra Mary Frances Gonzalez

Qualitative Criminology (QC)

"Black women and girls are disproportionately arrested and incarcerated for prostitution and prostitution-related crimes while being sex trafficked. Despite laws and policies meant to discourage criminalization, Black women and girls are profiled and subjected to both interpersonal and state violence due to their victimization. This paper uses one-on-one interviews with thirteen survivors of sex trafficking and exploitation across the United States and their encounters with the criminal legal system and incarceration. Grounded in Black feminist criminology, this research analyzes the experiences of survivors as victims and as criminals. Narratives demonstrate that courts and social services were unprepared, and often unwilling, …

"Trying To Get Free": A Theoretical Centering Of Black Women's Post-Carceral Narratives Of Systemic Unfreedom, Geniece Crawford Mondé

Qualitative Criminology (QC)

"This article examines how Black justice involved mothers navigate the enduring unfreedom of post-imprisonment life. Drawing upon the analytical framework of Black Feminist Criminology (BFC), this paper argues that centering women’s narratives of unfreedom provides a context for understanding and critiquing systemic and structural oppression. Interviews with thirty-three Black formerly incarcerated mothers from two transitional organizations in New York and Massachusetts reveals how women a) Identify instances of structural oppression at the hands of the legal system and the labor market and b) Deploy individual responses that reframe their marginal status by subverting expectations of their roles as mothers and …

"I Literally Role With The Punches": Black And Latina Women Coping Through Parental Incarceration, Melissa E. Noel Mondé, Cherrell Green

Qualitative Criminology (QC)

Racial and ethnic disparities within the criminal legal system have been shown to disproportionately impact Black and Latinx children. Parental incarceration is associated with emotional and psychological stresses for children, but these effects can extend beyond incarceration. Research suggests that parental incarceration is not a discrete event and problems during childhood can exacerbate throughout the life course. Yet, little is known on how challenges faced by parental incarceration transcend to adulthood. Further, an examination on the long-term effects of parental incarceration through the lens of race, ethnicity, and gender remains understudied. In order to address this gap, this study focused …

Do Crime Prevention Through Environmental Design Strategies Deter Taggers? Voices From The Street, Arthur Vasquez, Nina Barbieri, John J. Rodriguez

Qualitative Criminology (QC)

"Crime Prevention Through Environmental Design (CPTED) postulates that jurisdictions can deter crime and antisocial behavior via effective use and proper design of the physical environment. When a jurisdiction implements a CPTED strategy, it makes involvement in criminal behavior more difficult, thereby increasing the chance of being caught. Using interviews with 35 active juvenile street taggers from a large metropolitan area in Texas, this research explores whether implementing CPTED strategies deter offenders from engaging in criminal activity. Results suggest physical barriers, natural surveillance, access, and signage serve as deterrents during the target selection process."

Expanded Criminal Defense Lawyering, Jenny Roberts, Ronald Wright

Scholarly Articles in Law Reviews & Journals

This review collects and critiques the academic literature on criminal defense lawyering, with an emphasis on empirical work. Research on criminal defense attorneys in the United States has traditionally emphasized scarcity of resources: too many people facing criminal charges who are “too poor to pay” for counsel and not enough funding to pay for the constitutionally mandated lawyers. Scholars have focused on the capacity of different delivery systems, such as public defender offices, to change the ultimate outcomes in criminal cases within their tight budgetary constraints. Over the decades, however, theoretical understandings of the defense attorney’s work have expanded to …

Review Of The Little Book Of Police Youth Dialogue: A Restorative Path Toward Justice, Robert Brenneman

The Journal of Social Encounters

No abstract provided.

Mass Violence, Environmental Harm, And The Limits Of Transitional Justice, Rachel Killean, Lauren Dempster

Genocide Studies and Prevention: An International Journal

The relationship between the environment and mass violence is complex and multi-faceted. The effects of environmental degradation can destabilize societies and cause conflict. Attacks on the environment can harm targeted groups, and both mass violence and subsequent transitions can have harmful environmental legacies. Given this backdrop, it is notable that the field of transitional justice has paid relatively little attention to the intersections between mass violence and environmental degradation. This article interrogates this inattention and explores the limitations and possibilities of transitional justice as a means of addressing the environmental harms associated with mass violence. The article makes four key …

What's My Age Again?: Adolescent Development And The Case For Expanding Original Juvenile Court Jurisdiction And Investing In Alternatives For Emerging Adults Involved In Maine's Justice System, Christopher M. Northrop, Jill M. Ward, Jonathan J. Ruterbories, Jess N. Mizzi

Maine Law Review

While many aspects of Maine’s Juvenile Justice system are ripe for reform, this Article advocates for improving the system’s response to one group of offenders often overlooked by policymakers: emerging adults. The Supreme Court, in Roper v. Simmons, stated that “[t]he qualities that distinguish juveniles from adults do not disappear when an individual turns 18.” In fact, studies have shown that criminal conduct attributable to the unstable and impulsive nature of the adolescent mind continues well into a person’s mid-twenties. These eighteen to twenty-five-year-old offenders, termed “emerging adults” by researchers, experience much of the same developmental and physiological challenges as …

The Victim/Offender Overlap And Criminal System Reform, Cynthia Godsoe

Faculty Scholarship

No abstract provided.

Is Public Corruption Still A Crime? The Effect Of Mcdonnell Narrowing Test, Kristine Artello

Journal of Criminal Justice and Law

The Supreme Court has been limiting the types of public corruption crimes since the 1990s. In 2016, the Supreme Court found that the jury instructions defined official acts too broadly and narrowed its definition significantly in McDonnell v. U.S. The Court created a two-part test to differentiate acts to help one’s constituency versus acts to help oneself because the Court was concerned with the criminalization of politics. From the ruling to March 2019, the federal courts have cited the McDonnell ruling in 151 decisions. These cases were collected and examined using context analysis to understand (in)actions of public officials that …

“So, You Can Let Me Look At Your Phone?”: Detectives Obtaining Consent To Search Cell Phones, Stacy Dewald

Journal of Criminal Justice and Law

Issues regarding Fourth Amendment protections and police access to digital evidence have been an ongoing battle in the courts over the past few years. Despite growing literature on the importance of collecting digital evidence during criminal investigations, there is little research on how detectives obtain consent to get to digital evidence, particularly cell phones. The present study addresses this research gap by drawing upon participant-observation, in-situ interviews, and in-depth interviews of detectives in an American suburban police department. The data indicate that during suspect interviews, detectives attempt to obtain consent to search phones to avoid delays related to obtaining a …

Tinjauan Atas Sanksi Dan Imbalan Bunga Perpajakan Dalam Undang-Undang Harmonisasi Peraturan Perpajakan, Ismail Khozen, Milla Sepliana Setyowati

Jurnal Hukum & Pembangunan

The implementation of interest sanctions and compensation in taxation has undergone changes following the enactment of the Omnibus Law Job Creation in early October 2020. Although the regulation was later deemed unconstitutional, a similar framework has been incorporated into Law No. 7 of 2021 on Tax Harmonization Law (UU HPP). The lack of scholarly research exploring their conceptualization and implementation has motivated us to conduct this study. Our research emphasizes the importance of adhering to principles when designing a regime for imposing sanctions. Comparing two options, utilizing a fixed rate or a floating rate for calculating taxpayer sanctions and interest …

Technology In The Security Sector: Mexico, Vanessa J. Gutierrez, Melina Ponte, Angiee Rosario, Arleen Castillo, Henry Saldarriaga, Hector Tejeda, Stephanie Reich, Rosemary Barberet

Publications and Research

The use of technology in policing seeks to improve the efficiency and effectiveness of the daily duties police officers may encounter. However, there is mixed empirical data on the use of technology and if it is really contributing to the institutional goals of the security sector, or, if it is contributing to other factors. This report provides an exploratory approach to understanding what information technology is being used in Mexico at the state level, in order to compare where broader application of information technology could make impactful contributions to the security situation in the country.

With a focus on six …

Snitch. Snake. Mole. Books.: Examining Responses To “Insider/ Outsider” Researchers In Corrections, Talisa J. Carter, Chelsea Thomson

Qualitative Criminology (QC)

Qualitative researchers face unique challenges when conducting original data collection within facilities of confinement. These challenges are shaped by a range of factors including the study’s research design, researcher identity, and organizational climate of the facility. Although the barriers of data collection in corrections are known, literature providing context, nuance, and recommendations for overcoming these obstacles is sparse, especially for qualitative fieldwork. This work addresses this gap by examining responses of correctional employees to observational research. During data collection, correctional staff called the primary author “snitch,” “snake,” “mole,” and “Books.” This paper investigates these labels and offers suggestions on how …

“Leave Your Pain Here”: An Illustration Of Therapeutic Jurisprudence Through The Remarks Of Judge Rosemarie Aquilla From The State Of Michigan V. Larry Nassar, Leah Kaylor, Terri L. Weaver, Katherine Kelton

Qualitative Criminology (QC)

Dr. Lawrence Nassar was the national medical coordinator of the United States of America Gymnastics (USAG), gymnastics team physician/assistant professor at Michigan State University, and the USAG artistic team physician who sexually abused many young women and children under the guise of medical treatments. In an unprecedented legal event, Judge Aquilina allowed anyone who had been impacted by Nassar’s abuse to participate in the pre-sentencing phase by reading a victim impact statement. Judge Aqualina listened to 156 impacted speakers and responded with personalized messages. This paper will examine Judge Aquilina’s responses to the victim impact statements through the lens of …