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“Can You Make It Out Alive?” Investigating Penal Imaginaries At Forts, Sanitaria, Asylums, And Segregated Schools, Linda Mussell, Kevin Walby, Justin Piché Apr 2021

“Can You Make It Out Alive?” Investigating Penal Imaginaries At Forts, Sanitaria, Asylums, And Segregated Schools, Linda Mussell, Kevin Walby, Justin Piché

Qualitative Criminology (QC)

"We draw from literature on penal imaginaries to examine representations at fright nights and other staged cultural scenes from across Canada and the United States that reproduce justifications for imprisonment and punishment. Based on an analysis of online content and news coverage of fright nights organized at forts, sanitoria, psychiatric institutions/asylums, and segregated schools, we demonstrate that these displays mobilize stereotypes and shame to denigrate prisoners and naturalize imprisonment. Moreover, we show that these displays invoke health tropes concerning contagion to intensify fears regarding prisoners by portraying them as a threat to the social body, further rationalizing the existence of …


Do I Report This? Understanding Variation In The Content Of State Mandatory Reporting Laws, Robert D. Lytle, Dana L. Radatz, Lisa L. Sample, Randi M. Latiolais Apr 2021

Do I Report This? Understanding Variation In The Content Of State Mandatory Reporting Laws, Robert D. Lytle, Dana L. Radatz, Lisa L. Sample, Randi M. Latiolais

Qualitative Criminology (QC)

"Since accusations went public that administrators at Pennsylvania State University ignored reports of child abuse during the Jerry Sandusky trial almost a decade ago, several educational and state agencies have reinterpreted aspects of their respective laws requiring certain persons to report suspected child maltreatment (mandatory reporting laws). These reinterpretations were possible due to the ambiguity of statutory language used in the law and, subsequently, may have exposed individuals to a legal responsibility to report to which they were previously unaware. In this study, we use a thematic content analysis to examine variation across state mandatory reporting statutes from all fifty …


Policing Perspectives Concerning Confusion And Uncertainty In Policing Practices With “Honour”- Based Crimes And Forced Marriages, Wendy Aujla Apr 2021

Policing Perspectives Concerning Confusion And Uncertainty In Policing Practices With “Honour”- Based Crimes And Forced Marriages, Wendy Aujla

Qualitative Criminology (QC)

"Police regularly deal with various forms of violence against women and girls, such as domestic violence, family violence, and intimate partner violence in police work. However, since certain kinds of violence require a more nuanced approach to investigations, this paper reports on the experiences and challenges in policing different types of violence, such as “honour”-based crimes (HBCs), including forced marriages (FMs), within the broader Canadian discourse and political stances informing law and policy decisions. As well as what is still needed to improve responses to HBCs and FMs, it is important to consider the impact of laws and policy changes …


“It’S Not A Conversation Starter.” Or Is It?: Stigma Management Strategies Of The Formerly Incarcerated In Personal And Occupational Settings, Nicholas Park, Grant Tietjen Apr 2021

“It’S Not A Conversation Starter.” Or Is It?: Stigma Management Strategies Of The Formerly Incarcerated In Personal And Occupational Settings, Nicholas Park, Grant Tietjen

Qualitative Criminology (QC)

"Mass incarceration and its ill effects remains a major social problem in the United States. Those exiting the criminal justice system reenter society with the label of exconvict, a label that is permanent, highly stigmatized in American society, and has serious potential ramifications for successful reintegration, including: access to employment, higher education, and housing; acceptance in their communities; and successful personal relationships. The purpose of this study was to explore (1) anticipated stigma, (2) actual experienced stigma, and (3) the stigma management strategies that formerly incarcerated individuals employed in their personal and occupational lives. Drawing from a modified labeling theory …


Racial Racial Discrimination Within The United States Criminal Justice System, Courtney Speigal Apr 2021

Racial Racial Discrimination Within The United States Criminal Justice System, Courtney Speigal

Honors Projects

For my senior honors project, I chose the topic of discrimination within our criminal justice system. I will be attending law school next year, and this topic has inspired me to become a lawyer. 2020 has been a year with a lot of protesting against social injustice, and change in our democracy. The Black Lives Matter Movement came to light once again, because of a number of questionable cases involving African American citizens. Considering all of this, I decided to research further the discrimination in our country, in a number of areas. I also will be looking at how we …


United States Judicial System Failures And Solutions, Braden P. Barker Apr 2021

United States Judicial System Failures And Solutions, Braden P. Barker

English Department: Research for Change - Wicked Problems in Our World

For years, the American judicial system has unfairly punished the American people. These actions have led to serious societal consequences. We have prisons that sentence people to harsh punishment for nonviolent offenses, an overfunded and militarized police force, and racial biases that lead to the tragic killings of black people at the hands of the police that are intended to protect and serve us. This essay looks to diagnose the United States judicial system’s woes. More importantly, we take a look at what steps can be taken immediately to begin reversing the negative impact of these issues.


Noble Intent Is Not Enough To Run Veterans Court Mentoring Programs: A Qualitative Study Of Mentors’ Role Orientation And Responsibilities, Anne S. Douds, Eileen M. Ahlin, Cassandra Atkins-Plunk Apr 2021

Noble Intent Is Not Enough To Run Veterans Court Mentoring Programs: A Qualitative Study Of Mentors’ Role Orientation And Responsibilities, Anne S. Douds, Eileen M. Ahlin, Cassandra Atkins-Plunk

Qualitative Criminology (QC)

"Mentoring is a key component of veterans treatment courts, a diversionary problem-solving court for justice-involved military veterans. Mentoring programs are unique to veterans’ courts; no other problem-solving courts systematically include them as critical components of their court programming. Despite their prominence in veterans courts, little is known about mentor program operations and court expectations for mentors’ roles and responsibilities. This study examines mentors’ roles and responsibilities as perceived by mentees, mentors, and veterans treatment court staff. Using in-depth interview data from respondents from each of these groups, supplemented by observational data from court hearings and pre-court meetings, we identify three …


U.S. Prisons And System Reform, Darian Reimels Apr 2021

U.S. Prisons And System Reform, Darian Reimels

English Department: Research for Change - Wicked Problems in Our World

Prison systems, specifically in the U.S., are a wicked problem. For years prisoners have been treated inhumanely inside and outside of prison, with everyone looking at them with a judgmental eye. This essay aims to point out and bring light to these issues within the prison system. Specifically, it focuses on how inmates are treated during and after serving their sentence, and solitary confinement. To better understand and explain the problems to you, extensive research was done. Articles were read, organizations were researched, and a documentary was watched to gather the information needed to write this essay. The results showed …


Prostitutes And Policing - Analysis Of Tactics Used To Reduce The Demand For Sex, Morgan Helfman Apr 2021

Prostitutes And Policing - Analysis Of Tactics Used To Reduce The Demand For Sex, Morgan Helfman

Cardozo International & Comparative Law Review

The note critically examines the tactics used to reduce demand for commercial sex, focusing on the Nordic Model and its implementation in the U.S. It argues that while these tactics aim to deter buyers through shaming and criminalization, they raise ethical, legal, and practical concerns, particularly regarding police misconduct and the impact on marginalized communities. The analysis advocates for a shift toward education and rehabilitation over punitive measures to address the root causes of prostitution.


Studi Sosio Legal Dalam Pemanfaatan Energi Terbarukan Di Perairan Indonesia, Marlina Purba Mar 2021

Studi Sosio Legal Dalam Pemanfaatan Energi Terbarukan Di Perairan Indonesia, Marlina Purba

Jurnal Hukum & Pembangunan

Socio-legal studies are the kind of study that presents the point of view to see the law which focuses on the contact more than the texts. By legal socio approach, the problem which will be learned is notonly study to the norms studied or the law doctrine but see the contact detail of the norms and the enactment. How the law work in the public which will be learned by legal socio study. The legal socio study is done by refer to the research result Cotterrell R about the theory and value. Cotterrell enters the value to explain the action …


Social Justice In Law, Society And Development: A Marxism Perspective Of Indonesian Case, Ridwan Arifin, Vania Shafira Yuniar Mar 2021

Social Justice In Law, Society And Development: A Marxism Perspective Of Indonesian Case, Ridwan Arifin, Vania Shafira Yuniar

Jurnal Hukum & Pembangunan

This article explores about social justice in peoples lives according to Karl Marxs prespective of the concept of social class. It also discusses Marxs concept of the struggle of the social class to provide a solution for the proletariat, to free themselves from the chain of cruelty, violence and alienation in the capitalist system to achieve social justice. The essence of social justice in Karl Marxs prespective is that if a society has created a manifestation of self through compassion, and the collaboration of a classless society, without violence, and without oppression, and humans are free from all forms of …


Penghasilan Tidak Kena Pajak (Ptkp) Sebagai Bentuk Perlindungan Hak Ekonomi Dalam Perspektif Hak Asasi Manusia, Auditya Firza Saputra Mar 2021

Penghasilan Tidak Kena Pajak (Ptkp) Sebagai Bentuk Perlindungan Hak Ekonomi Dalam Perspektif Hak Asasi Manusia, Auditya Firza Saputra

Jurnal Hukum & Pembangunan

As a ratifying State to the International Covenant on Economic, Social and Cultural Rights (Ecosoc), the Government of Republic of Indonesia has legal obligation to implement steps of realization in effective and measurable manner in fulfilling, promoting, and protecting the economic, social and cultural rights of all its citizens. The issue is, to fulfil such obligation the State will require high amount of cost. The State is being sourced by the taxation policy. From many taxation policies, Income Tax become one of the most preffered segment. Unfortunately, the Income Tax policy, in practice, hardly optimizing due to many social economic …


Understanding Disrespectful Behavior Through A Gendered Lens: Race And Power In A Women’S Prison, Timbre Wulf, Rebecca Trammell Mar 2021

Understanding Disrespectful Behavior Through A Gendered Lens: Race And Power In A Women’S Prison, Timbre Wulf, Rebecca Trammell

Qualitative Criminology (QC)

"Seventy-four incarcerated women in a Midwestern prison were interviewed to explore their experience with disrespect between inmates and staff in a prison setting. Nonwhite women experienced disrespect and conflict differently than their white peers. While the women generally described disrespect as staff members expressing their power inappropriately, non-white women were quick to describe disrespect as tied to racist behaviors. Further, African-American women in our study were more likely to believe that few people, inmates or employees, show respect to others on a regular basis in prison. White women tend to be more positive in their evaluations of interactions with staff …


The Politics Of Being An "Expert": A Critical Realist Auto-Ethnography Of Drug Policy Advisory Panels In The Uk, Alex Stevens Mar 2021

The Politics Of Being An "Expert": A Critical Realist Auto-Ethnography Of Drug Policy Advisory Panels In The Uk, Alex Stevens

Qualitative Criminology (QC)

"The work of ‘experts’ with policy advisory panels plays an important part in the making of illicit drug and other policies. This article explores what is involved in this work. It uses critical realist auto-ethnography of the author’s experience over five years of working with the UK’s Advisory Council on the Misuse of Drugs and the House of Commons Health and Social Care Committee. It analyses: how some people become recognised as a ‘suitable’ expert through relational networks of esteem, while others are excluded; how bureaucratic processes and scientific modes of discourse select some types of information rather than others …


Prostitution Decriminalization Campaigns In The United States: Libertarianism Or A "Decent Society", Jody Raphael Mar 2021

Prostitution Decriminalization Campaigns In The United States: Libertarianism Or A "Decent Society", Jody Raphael

Dignity: A Journal of Analysis of Exploitation and Violence

Recently, legislative campaigns to totally decriminalize the sex trade industry in a handful of U.S. states and the District of Columbia failed, but a look at campaign supporters and their arguments demonstrates that libertarian principles are mainly guiding their efforts. This article explores how libertarianism principles, when applied to the sex trade, could bring about severe and lasting harm to others, including sellers of sex, potential victims of sex trafficking to meet the new demand, and the general community. Philosophic principles of liberty have been incorporated by courts, which find that liberty is never absolute and requires a balancing test …


Pornography, Its Harms, And A New Legal Strategy: Research And Experience In Japan, Seiya Morita, Caroline Norma Mar 2021

Pornography, Its Harms, And A New Legal Strategy: Research And Experience In Japan, Seiya Morita, Caroline Norma

Dignity: A Journal of Analysis of Exploitation and Violence

In this article we describe pornography’s harms in Japan, which are known about from surveys and research, and from the outreach and consulting activities of Japanese feminist-abolitionist groups. Among these are the Anti-Pornography and Prostitution Research Group (APP) and People Against Pornography and Sexual Violence (PAPS). We then propose a renewed classification scheme for pornography’s harms that centrally considers the experiences of victims in Japan. Lastly, we consider various legal approaches to addressing the myriad harms we describe and suggest possibilities for a new legal strategy. The article’s research comes from Japanese-language materials produced by the above-mentioned activist groups, as …


What Telling Of A Survivor's Story Will Finally Force A Remedy? Notes On A Silencing By Lacy Crawford And Is Rape A Crime? A Memoir, An Investigation, And A Manifesto By Michelle Bowdler, Jody Raphael Mar 2021

What Telling Of A Survivor's Story Will Finally Force A Remedy? Notes On A Silencing By Lacy Crawford And Is Rape A Crime? A Memoir, An Investigation, And A Manifesto By Michelle Bowdler, Jody Raphael

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.


Prosecutor's Supervision Over The Legality Of The Preliminary Investigation And Inquiry During The Qualification Of Crimes In The Field Of Information Technology, Atobek Ravshanovich Davronov Feb 2021

Prosecutor's Supervision Over The Legality Of The Preliminary Investigation And Inquiry During The Qualification Of Crimes In The Field Of Information Technology, Atobek Ravshanovich Davronov

ProAcademy

Correct, that is, consistent with the principles of criminal law and criminal law, qualification of a crime ensures accurate and full application of the complex of norms of criminal and criminal procedure laws. Depending on the qualification of the crime, criminal law issues are resolved about punishment, release from criminal liability and punishment, parole, calculation of convictions, amnesty. The qualification of crimes is important for initiating a criminal case, determining the subject of proof, ensuring the rights of the accused and applying other criminal procedural norms. This scientific and practical article is devoted to the prosecutor's supervision over the correct …


Cruel And Unusual: Closing The Door On Juvenile De Facto Life Sentences, Thomas Garrity Feb 2021

Cruel And Unusual: Closing The Door On Juvenile De Facto Life Sentences, Thomas Garrity

Catholic University Law Review

There currently exists a split amongst the Federal Circuit Courts that stands ripe for review. The Supreme Court laid down clear precedent in its landmark decisions of Roper v. Simmons, Graham v. Florida, and Miller v. Alabama that capital punishment and life without parole are cruel and unusual as applied to juvenile non-homicidal offenders categorically and as applied to juvenile homicidal offenders without consideration of youth as a mitigating factor. There, however, was a door left open by these cases that allowed for judges to side-step the Court’s mandate. Using excessively long term-of-years sentences—longer than the most hopeful of estimates …


Do Mandatory Minimums Increase Racial Disparities In Federal Criminal Sentencing?, Caroline Gillette Feb 2021

Do Mandatory Minimums Increase Racial Disparities In Federal Criminal Sentencing?, Caroline Gillette

Undergraduate Economic Review

Black males received sentences about twenty percent longer than similarly situated white males from 2012 to 2016. Some of this inequality may be introduced by mandatory minimum sentences. Charges carrying a mandatory minimum sentence are brought against Black defendants at higher rates than white defendants. It has been argued that these sentences introduce bias in two ways: legislatively (the types of crimes that carry a mandatory minimum) and in the way these sentences are put into practice (increasing prosecutorial discretion). This brief explores whether mandatory minimum sentences increase racial inequality in criminal sentencing.


Nuclear Terrorism: Statutory Shortcomings And Prosecutorial Opportunities, Rohan Mishra Feb 2021

Nuclear Terrorism: Statutory Shortcomings And Prosecutorial Opportunities, Rohan Mishra

International Law Studies

In 2016, President Barack Obama warned that “[t]he danger of a terrorist group obtaining and using a nuclear weapon is one of the greatest threats to global security.” Thus far, however, U.S. and international efforts to address nuclear terrorism have faced a fundamental dilemma: While the importance of preventing this threat is unquestioned, there has been limited opportunity or need to conduct prosecutions that hinge on nuclear terrorism charges. This dilemma reflects the current piecemeal approach to nuclear terrorism, which prioritizes policies that address the “back-end” risk of nuclear terrorism (i.e., the detonation of nuclear weapons or attack of nuclear …


Straight From The Source: Examining Gender Differences In Inmate Advice For Avoiding Prison Sexual Victimization, Beatriz Amalfi Marques, Ashley G. Blackburn, Shannon K. Fowler, Janet L. Mullings, Maria L. Lecuna Feb 2021

Straight From The Source: Examining Gender Differences In Inmate Advice For Avoiding Prison Sexual Victimization, Beatriz Amalfi Marques, Ashley G. Blackburn, Shannon K. Fowler, Janet L. Mullings, Maria L. Lecuna

Qualitative Criminology (QC)

"Once incarcerated, inmates face a myriad of potential threats to their physical and emotional wellbeing. The threat of being sexually or otherwise victimized while in prison breeds anxiety and fear among inmates, especially those who are new to the prison environment. In response, inmates have developed strategies to avoid victimization. The present study, utilizing self-report questionnaires, asked a sample of male and female inmates in a large Southern prison system about the advice they would give to another newly incarcerated inmate to avoid being sexually assaulted. A thematic analysis of inmates’ open-ended responses revealed male and female inmates have different …


Military Service And Offending Behaviors Of Emerging Adults: A Conceptual Review, Christopher Salvatore, Travis A. Taniguchi Feb 2021

Military Service And Offending Behaviors Of Emerging Adults: A Conceptual Review, Christopher Salvatore, Travis A. Taniguchi

Department of Counseling Scholarship and Creative Works

Focusing on the United States, this paper examines the impact of military service for the cohort of individuals that have experienced the social factors that characterize emerging adulthood as a unique stage in the life course. We argue that military service, as a turning point, may act differently in contemporary times compared to findings from past research. This difference is driven by changes in military service, the draft versus volunteer military service, and the prevalence of emerging adulthood. As a background, we describe emerging adulthood, examine how emerging adulthood relates to crime and deviance, explore the impact of military life …


Caught In-Between: A Video Essay Of Masculine Identity And Methamphetamine Use In The Rural South, Heith Copes, Jared Ragland, Adam Forrester Feb 2021

Caught In-Between: A Video Essay Of Masculine Identity And Methamphetamine Use In The Rural South, Heith Copes, Jared Ragland, Adam Forrester

Qualitative Criminology (QC)

Since the Great Recession in 2007, rural employment rates have been steadily increasing. According to a 2020 United States Department of Agriculture report, rural unemployment has been at its lowest in over a decade. However, such aggregate trends overlook an important aspect of work—its meaningfulness. In many small towns throughout the Southern United States, much of the available work pays little and demands much on the body. As a result, meaningful employment is often out of reach for some men living in the rural South.


Opening The “Black Box” Of Federal Illegal Reentry Sentencing: A Non-Participant Observational Analysis Of Sentencing Constraints And Judicial Discretion, Kevin Buckler Feb 2021

Opening The “Black Box” Of Federal Illegal Reentry Sentencing: A Non-Participant Observational Analysis Of Sentencing Constraints And Judicial Discretion, Kevin Buckler

Qualitative Criminology (QC)

"Judicial discretion in sentencing has historically produced disparities in criminal sentencing outcomes. In an effort to address disparity at the federal level, in 1984, the U.S. Congress passed legislation that led to the creation of the U.S. Sentencing Commission and subsequently the adoption of federal sentencing guidelines. Studies show that even among similarly situated defendants (in terms of offense score and criminal history category) disparities have persisted regardless of the sentencing guidelines. An understudied source of disparity is the combined and interactive role of judges, prosecutors, and defense attorneys in the application of the guidelines and the statutory framework that …


Miriam Boeri, Hurt: Chronicles Of The Drug War Generation, Kathleen E. Padilla Feb 2021

Miriam Boeri, Hurt: Chronicles Of The Drug War Generation, Kathleen E. Padilla

Qualitative Criminology (QC)

In 1971, President Nixon officially declared the War on Drugs. Flash forward to 2020 and the prison population is approximately 2.3 million people, with 1 in 5 of those individuals having been incarcerated for a non-violent drug offense (Wagner & Wagner, 2020). Among those caught up in drug offenses stemming from the policies enacted during the War on Drugs, the majority are baby boomers. Baby boomers are those that are born between the years 1946 and 1964, and whose current population is approximately 73 million, the second largest generation aside from Millennials (Census, 2019). By the start of the 21st …


Forced Interactions With Sheriff Deputies Over Time And Their Influence On Stigma And Self Identities Among Individuals Convicted Of Sex Crimes, Lisa L. Sample, Brooke Cooley, Tusty Ten Bensel, Carin Hyter, Brett Hurley Feb 2021

Forced Interactions With Sheriff Deputies Over Time And Their Influence On Stigma And Self Identities Among Individuals Convicted Of Sex Crimes, Lisa L. Sample, Brooke Cooley, Tusty Ten Bensel, Carin Hyter, Brett Hurley

Qualitative Criminology (QC)

"This paper examined the perceptions of convicted sex offenders and their interactions with law enforcement over time. Specifically, we focused on how formal interactions influenced stigma management and self-identity transformation. For decades, scholars have proposed that identities and behaviors often result from interactions with others. Sex offender registration and notification laws force interactions between registrants and police agents for years, if not a lifetime. Given that desistance from sex offending is dependent on prosocial identity transformation, we analyzed interviews with 63 registrants to uncover how interactions with police promote or inhibit identity transformation over time. Our findings suggested interactions with …


Interpersonal Interaction Between Prisoners And Officers In Prisons: A Qualitative Meta-Synthesis Exploring Prison Officer Wellbeing, Davinia Rizzo, Belinda Davey, Melanie Irons Feb 2021

Interpersonal Interaction Between Prisoners And Officers In Prisons: A Qualitative Meta-Synthesis Exploring Prison Officer Wellbeing, Davinia Rizzo, Belinda Davey, Melanie Irons

Qualitative Criminology (QC)

"The wellbeing of prison officers has primarily been understood as a function of contextual variables such as their workplace and the nature of their role. Yet the research suggests the officers’ gender and tenure are the only statistically significant predictors of wellbeing for this population (Butler, Tasca, Zhang, & Carpenter, 2019). These findings suggest that variables at the person level may be more important than contextual variables. As such, we conducted a qualitative, meta-synthesis to explore how interpersonal interactions between prisoners and prison officers may affect the health and wellbeing of prison officers. Following a systematic review of the literature, …


Military Service And Offending Behaviors Of Emerging Adults: A Conceptual Review, Christopher Salvatore, Travis Taniguchi Feb 2021

Military Service And Offending Behaviors Of Emerging Adults: A Conceptual Review, Christopher Salvatore, Travis Taniguchi

Department of Justice Studies Faculty Scholarship and Creative Works

Focusing on the United States, this paper examines the impact of military service for the cohort of individuals that have experienced the social factors that characterize emerging adulthood as a unique stage in the life course. We argue that military service, as a turning point, may act differently in contemporary times compared to findings from past research. This difference is driven by changes in military service, the draft versus volunteer military service, and the prevalence of emerging adulthood. As a background, we describe emerging adulthood, examine how emerging adulthood relates to crime and deviance, explore the impact of military life …


Algorithmic Legal Metrics, Dan L. Burk Jan 2021

Algorithmic Legal Metrics, Dan L. Burk

Notre Dame Law Review

Predictive algorithms are increasingly being deployed in a variety of settings to determine legal status. Algorithmic predictions have been used to determine provision of health care and social services, to allocate state resources, and to anticipate criminal behavior or activity. Further applications have been proposed to determine civil and criminal liability or to “personalize” legal default rules. Deployment of such artificial intelligence (AI) systems has properly raised questions of algorithmic bias, fairness, transparency, and due process. But little attention has been paid to the known sociological costs of using predictive algorithms to determine legal status. A large and growing social …