Digital Commons Network^™

Abolish What?, Benjamin Levin

Scholarship@WashULaw

From leading academic journals to popular press outlets, abolitionist activism and scholarship have earned airtime in national debates about criminal justice reform. But what is "abolition?" When scholars, lawyers, and activists talk about abolition, they seem to mean very different, even conflicting, things. In this Essay, I focus on a core question that might divide different abolitionists-and different critics of abolition: what is to be abolished? Abolitionists argue that it's critically important to abolish something, while critics of abolition insist that something is necessary to a well-functioning society. Yet, it's not always clear what that something is-both for abolitionists and …

Incitement, Enthusiasm, And The Dangers Of Negligent Protest, John D. Inazu

Scholarship@WashULaw

This Article explores the murky line between protected speech and assembly on the one hand, and harmful incitement on the other. On the occasion of the 100th anniversary of Oliver Wendell Holmes’s dissent in Gitlow v. New York, it explores Holmes’s famous dictum that “every idea is an incitement” as a conceptual starting point. By analyzing the relational and temporal dynamics between speaker and listener, the Article highlights how meaning and effect are often shaped by the listener’s agency and other circumstances beyond the control of the speaker. Two contemporary cases illustrate these dynamics. The first is the Fifth Circuit …

Lessons Learned From The Trump Rule Of Law Stress Test: Beware Bad Faith Actors, Brian Z. Tamanaha

Scholarship@WashULaw

The second Trump Administration has engaged in a vast swath of actions that press against the outer boundaries of legality. These actions provide a unique opportunity to identify potential vulnerabilities and expose how the rule of law can be undermined. While I will elucidate well-known points along the way, my primary aim is to bring out aspects of the rule of law that usually go unnoticed or under the radar. After setting out basic aspects of the rule of law, I cover three topics: 1) adhering to the truth, 2) pretextual arguments, and 3) flooding the field with actions and …

A Liberty-Balancing Approach To Crime, Sheldon Evans

Scholarship@WashULaw

At its core, the criminal legal system is an ecosystem of institutions that seek to balance liberty interests. The insightful theories and complex practices of crime policy coalesce around questions on how crime impacts the liberties of individuals and communities to be safe, and how this correlates with the deprivation of liberty from offenders through our punishment system. But modern criminal policy, most often associated with the problems of overcriminalization and mass incarceration, has wholly abandoned any such delicate and nuanced balancing. Instead, the system thrives on sacrificing the liberties of offenders in a perverse and ineffective regime that leads …

Auditing Criminal Justice Minimalism, Trevor George Gardner

Scholarship@WashULaw

If criminal justice minimalism is a shared principle among criminal law scholars, it can help to clarify the quality of our disagreements. Every normative proposal in the criminal legal literature can be held to the minimalist standard—audited, so to speak, to account for the policy author’s minimalist claims. To this end, this Essay proposes a four-step framework by which to evaluate adherence to the minimalist principle, where each step serves as a hub for pointed scholarly debate regarding the path to minimalist criminal justice.

Victim-Offender Relationships And Their Influence On Crime Brutality And Sentencing Outcomes In Capital Homicide Cases, Samantha Jane Trowbridge

Graduate Theses/Dissertations

This study examines capital murder cases in Missouri from 1976 to 2022 to explore how victim-offender relationships relate to both the brutality of homicides and sentencing outcomes. It addresses three main questions: What are the different types of victim-offender relationships in these cases, and how frequently does each type occur? How do these relationships influence sentencing outcomes, particularly the likelihood of receiving the death penalty versus life without parole? And which types of relationships are associated with the highest and lowest levels of brutality? The study uses official court records and applies a coding process to analyze relationship type, sentencing …

Jurisprudence Of Problem-Solving Courts: A Study Of Structure, Success, And Sociological Theory, Lauren M. Boos

Graduate Student Theses, Dissertations, & Professional Papers

In response to the failures of mass incarceration and its disproportionate impact on marginalized communities, Problem-Solving Courts (PSCs) have emerged as alternatives to traditional prosecution. These courts employ therapeutic-informed and rehabilitative practices aimed at addressing the root causes of criminal behavior. While widely regarded as more effective than traditional courts, PSCs have developed largely without a formal theoretical foundation. This is notable given their alignment with Sociological Jurisprudence (SJ) and Therapeutic Jurisprudence (TJ), which view the legal system as a vehicle for promoting individual and community well-being.

Despite being celebrated as therapeutic innovations, PSCs often embody these principles unevenly. Using …

Reevaluating Felon-In-Possession Laws After Bruen And The War On Drugs, Laura Ginsberg Abelson

Faculty Journal Articles and Book Chapters

The legal landscape surrounding firearm possession is evolving rapidly. In 2022, the Supreme Court accelerated its expansion of the individual right to bear arms under the Second Amendment in New York Rifle & Pistol Ass’n v. Bruen. Since Bruen, courts around the country have struck down nearly all types of firearm regulations, with a notable exception: felon-in-possession laws. This Article examines the implications of a legal landscape where those who have prior felony convictions, and especially prior drug convictions, are punished harshly for the same behavior—possession of a firearm—that is constitutionally protected for nearly everyone else. I argue …

Police Abuse In America And The Search For Remedy, Howard Ryan

Graduate Theses, Dissertations, and Problem Reports (ETD)

The dissertation contends that, despite many diligent efforts—from mass protests to a presidential task force—America is not yet on path to remedying its outsized patterns of police abuse. The abuse problem is broadly characterized herein through a “triad” of over-enforcement, excessive force, and racial discrimination. The Washington Post’s “Fatal Force” database, covering the years 2015 through 2024, is offered as a bellwether of American progress in addressing its police abuse; and, it is observed, the nation’s yearly count of fatal police shootings of civilians has been increasing, rather than decreasing.

To help make sense of our lack of national progress, …

Welfare States And Imprisonment Rates: Revisiting The Study Of Public Assistance And Punishment In The United States, Stefan Ivanov

Electronic Theses & Dissertations (2024 - present)

In the past fifty years, the United States has seen significant changes in both the criminal legal system and the welfare state. The incarceration rate surged by 475% from 1972 to 2007, driven by state-level decisions about criminal legal policy and disproportionately affecting Black Americans. Simultaneously, welfare programs became less generous, especially for those deemed “undeserving.” A long line of social science scholarship emphasizes that these two major social institutions—the welfare state and the carceral state—must be considered as complementary and alternative methods of managing marginalized groups. Quantitative research often confirms these claims, finding a durable inverse relationship between welfare …

The Search For Unenumerated Fundamental Rights, Alina Sluzhyvenkova

Student Theses and Dissertations

There are certain rights that are explicitly enumerated in the Constitution, e.g., right to bear arms, right to free speech, right to a speedy and public trial. There are also rights that aren’t specifically written out but are nevertheless enjoyed by people nationwide. Rights that aren’t explicitly mentioned in the Constitution, but which are fundamental to are called the unenumerated rights. Unenumerated rights are just as important and can be derived from natural law, enumerated rights, the Ninth Amendment, precedents, judicial opinions, and substantive due process.

Substantive due process is a principle guaranteed by the Fifth and Fourteenth Amendments, which …

Testing Routine Activity Theory: Behavioural Pathways Linking Temperature To Crime, Christopher Thomas, Jinuk Jeong, Kevin T. Wolff

Publications and Research

This study examines direct observations of outdoor routine activities to investigate the pathways through which temperatures shape crime. Daily administrative records of crime, weather, and outdoor activity were assembled from 2015 to 2019 in New York City. Mediation analysis (with bootstrapped standard errors) reveals that alterations in routine activities account for a statistically significant, yet modest, proportion of temperature’s relationship with homicides, shootings, assaults, larceny, and public consumption violations. The comparable mediation effects across violent and nonviolent crimes support routine activity theory as an explanatory framework for understanding temperature's impact on crime. The measures introduced here offer a novel approach …

Exploring The Interactive Effects Of Officer, Subject, And Encounter Factors On Police Use Of Force Outcomes, Jeremy David Barnum

UNLV Theses, Dissertations, Professional Papers, and Capstones

Police use of force incidents are highly complex events that can be characterized by factors pertaining to the officers, subjects, and immediate encounter. These factors and the dynamic interrelationships between them encompass the situational context of use of force and have been widely studied in the criminological literature (Bolger, 2015). However, extant research has almost exclusively focused on identifying the main effects of situational factors on use of force with little consideration of how effects may vary across specific situational contexts. This limits our understanding of police use of force and complicates efforts to develop policy or training that ensures …

Barriers In Reporting Sexual Violence On College Campuses, Amber Hartman

Honors Theses

This thesis is designed to examine the underreporting of sexual violence on college campuses by exploring the systemic, cultural, and logistical barriers that hinder victims from disclosing their assault. Using both qualitative and quantitative methodologies, the research identifies three overarching influences for non-reporting. Fear, shame, and lack of resources are presented as the basis of the decision that victims make to not report. Meta-analysis of the research concludes that there is a profound impact of internalized victim-blaming narratives, fear of repercussions and institutional deficiencies in providing accessible support. Recommendations for solutions emphasize creating trauma-informed policies, improving communication and accessibility of …

Understanding The Factors Associated With The Targeting Of Prison Gangs By Specialized Gang Units (Sgus) In The United States, Bruno Aldair Zapata

Open Access Theses & Dissertations

Specialized gang units (SGUs) are prominent in police departments in the United States with their sole purpose to respond to gang activity across the country. SGUs vary in the types of gangs they target, resources available, officer composition, and the types of enforcement activities they use. SGUs have encountered various controversies such as exaggerating the gang problem in the media, for distorted intelligence in their gang databases, and for racial stereotyping and harassment among Hispanics in particular. Research regarding SGUs is limited in general, but even fewer studies exist on the targeting efforts of prison gangs by SGUs. Prison gang …

An Exploration Of Texas Latinos’ Perceptions Of Law Enforcement And Undocumented Immigration In The United States, Marika Dawkins-Cavazos, Camille Gibson

Criminal Justice Faculty Publications

Given increased trepidation about undocumented immigration in the United States, this study offers an examination of the extent to which Latinos who represent different generations of immigrants perceive United States law enforcement and the current state of undocumented immigration. It gives voice to Latinos, the most significant demographic crossing the border. The topic is relevant given policymakers’ interest in addressing the moral panic over increasing immigration to the country and an interest in law enforcement legitimacy as an essential ingredient in their effectiveness in combating crimes. This qualitative study using semi-structured interviews describes the perceptions of 40 Texas Latinos regarding …

The Heterogeneous Effects Of Cannabis Dispensaries On Crime: The Importance Of Foot Traffic, Thomas Lebesmuehlbacher, Justin Roush, Rhet A. Smith

Hunt Institute Working Paper Series

This paper pairs exact dispensary locations with city block level crime data to study the impact of medical cannabis dispensaries on crime in the state of Florida from 2016-2019. Leveraging a Florida state law that requires broadly uniform security provisions across dispensaries, we capture important dispensary heterogeneity by incorporating customer volume and local non-dispensary foot traffic with smartphone geopositional data. We use not-yet-operational dispensary locations as a control group and a geo-spatial difference-in-differences framework and find reductions in larceny, vehicle burglary, and motor vehicle theft following the opening of high-volume dispensaries. We fail to find evidence of similar deterrent effects …

The Militarization Of Policing In The United States, Grace Simpson

The Mid-Southern Journal of Criminal Justice

The increased use of police violence and the threat thereof has become a widely publicized issue. Particularly, the use of violence against minorities, especially Black individuals, is becoming more widely criticized by the public, scholars, and activists. This identification of policing violence relates to the militarization of policing, wherein the adoption of military equipment and tactics have contributed to increased violent targeting of minority communities. Policing agencies have increasingly turned these military weapons against civilians to maintain social control. Namely, militarism in policing has historical roots in violent racialized policing targeting Black communities. The current analysis critically examines the development …

Mass Exodus? Police Officer Turnover Intention And Organizational Commitment In New York City, Kenneth M. Quick, Kevin T. Wolff

Publications and Research

Purpose – This study assesses the relationship between job satisfaction, perceived organizational support, and workplace factors on officer turnover intention within an urban, municipal police organization.

Design/methodology/approach – Using data from an online survey of New York City Police Officers (n=1,823), both bivariate analysis and logistic regression models were utilized to assess the salience of police officer job satisfaction, perceived organizational support, and perception of six workplace domains, including financial compensation, environmental factors, professional fulfillment, work/quality of life balance, treatment from management, and occupational risk on predicting turnover intention.

Findings – The cross-sectional study finds that job satisfaction, financial factors …

Exploring Attitudes Within Legal Precedents Related To Police Use Of Force, Jazmine L. Garcia

Doctoral Dissertations and Projects

Policing is a dangerous profession: Data from the National Institute for Occupational Safety revealed that policing is the second highest in occupational homicides (White et al., 2019). Fifty-nine police officers were killed in the line of duty from January 1, 2021, to September 30, 2021, which is a 51% increase compared to results found in 2020 (FBI, 2021). Therefore, officers must-read situational cues, communicate effectively, and make decisions to choose the best actions for a situation whether that be de-escalation or escalation, all within fractions of seconds. These decisions are rarely black and white with each situation being different and …

Criminal Justice Update - October 2024, Mia Agudelo

Criminal Justice Updates

The Criminal Justice Update is a monthly newsletter created by the Adams County Bar Foundation Fellow providing updates in criminal justice policy coming from Pennsylvania's courts and legislature as well as the US Supreme Court.

Contents:

• Updates from PA Governor's Office
• Updates from the PA Legislature
• Updates from the Courts
• U.S. Supreme Court: Criminal Law & Procedure (no updates this month)
• PA Supreme Court: Criminal Law & Procedure
• PA Superior Court: Criminal Law & Procedure

Nebraska Transcript (University Of Nebraska College Of Law), Fall 2024

Nebraska Transcript

Dean’s Message

Alumni Master Jonathan Hatami, ’02, gives a voice to children in court

Ledford, ’25, leads OUTLaw with compassion in mind

Four Nebraska Law students attend Ms. JD Leadership Academy Intensive

Brummond named recipient of Limitless Leadership Award

Black Law Student Association champions representation in the legal profession

Professor Brandon Johnson: examining electoral jurisprudence

Suggs, ’79, reflects on Lennon case after nearly 45 years

Nebraska Law introduces new peer-reviewed law journal

Generations of Law graduates recognized with Nebraska Alumni Association Family Tree Award

Nebraska Law Review hosts symposium on democracy and trust

Cole leads establishment of Nebraska Innocence Clinic …

Investigating The Intersection Of Ai And Cybercrime: Risks, Trends, And Countermeasures, Sanaika Shetty, Kyung-Shick Choi, Insun Park

International Journal of Cybersecurity Intelligence & Cybercrime

No abstract provided.

Integrated Model Of Cybercrime Dynamics: A Comprehensive Framework For Understanding Offending And Victimization In The Digital Realm, Troy Smith Phd

International Journal of Cybersecurity Intelligence & Cybercrime

This article introduces the Integrated Model of Cybercrime Dynamics (IMCD), a novel theoretical framework for examining the complex interplay between individual characteristics, online behavior, environmental factors, and outcomes related to cybercrime offending and victimization. The model incorporates key concepts from existing theories, empirical evidence, and interdisciplinary perspectives to provide a comprehensive framework. In contrast to traditional criminological theories, the proposed model integrates concepts from multiple disciplines to offer a holistic framework that captures the complexity of cybercrime and specifically caters for the uniqueness of cyberspace. The article will provide a detailed overview of the conceptual model, its theoretical underpinnings drawing …

A New Way Forward For Alabama Prisons, Brandon L. Blankenship

Politics, Justice, Law, and Philosophy

Blankenship delves into the harrowing realities and historical evolution of Alabama’s prison system, offering a critical lens on Alabama’s prisons from their inception to the present day. The narrative begins with a vivid description of the dire conditions within the prisons, where systemic violence, neglect, and deprivation prevail, underscoring the urgent need for comprehensive reform. It traces the roots of the current crisis back to the state’s early reluctance to establish a penitentiary system, coupled with a persistent failure to address the underlying issues of overcrowding, inadequate healthcare, and violence. The chapter highlights the historical role of federal interventions in …

Prosecutorial Data Transparency And Data Justice, Caitlin Glass, Kat M. Albrecht, Perry Moriearty

Northwestern University Law Review

The U.S. criminal legal system is notoriously racialized. Though Black and Latinx people make up less than 30% of U.S. residents, they constitute more than 50% of the nearly two million people currently in U.S. prisons and jails. For decades, research has indicated that one group of decision-makers has had an outsized influence on these numbers: prosecutors. From whom to charge to what sentences to recommend, no actor plays a greater role in determining who goes to prison in this country. Highly subjective and lacking in formal guidance and accountability, prosecutorial decisions are especially vulnerable to racial bias. They are …

Past And Present Of The Cvs: Empirical Research And Evidence-Based Policy, Kevin T. Wolff

Publications and Research

In this keynote address, I emphasized the critical role of accurate crime measurement in developing evidence-based policies. I discussed the "dark figure of crime," highlighting how many crimes go unreported, and stressed the importance of victimization surveys in uncovering these hidden crimes to provide a more complete picture of criminal activity.

I also explored how technological advancements, particularly AI, are transforming how we collect and analyze crime data. While AI offers significant benefits in predictive policing and resource allocation, I cautioned about the risks of bias and privacy issues that must be managed carefully.

Regional collaboration, standardization, and inclusivity are …

Gone Smishing: An Integration Of Decision-Making And Protection Motivation In The Context Of Identity Theft Victimization, Taylor S. Fisher

USF Tampa Graduate Theses and Dissertations

Methods of obtaining sensitive information from Internet users have evolved consistently as technology has advanced and millions of mobile device users communicate through text (SMS) messaging daily, making them a target for smishing attacks. Smishing (short for SMS phishing) is a form of cybercrime where an offender will send fraudulent text messages attempting to gather sensitive information or convince the user to click on a malicious link. These messages often appear legitimate and rely on tactics like convincing users that immediate action needs to be taken. Smishing has become so widespread that in 2020, the Texas Attorney General issued a …

Youth Offending In Denver: The Increasing Trend And Essential Elements To Successful Intervention, Olivia Crimaldi

Undergraduate Theses, Capstones, and Recitals

Recent years have witnessed an alarming increase in youth offending across Denver, necessitating a thorough analysis of factors influencing the surge, as well as areas of improvement for current intervention methods. Juvenile delinquency is largely affected by complications associated with the transition to adulthood, such as the development of personal identity or a decrease in parental supervision. A full understanding of at-risk individuals must consider risk, promotive and protective factors, as well as the interaction between these three components. Past successful prevention and intervention methods have included relationship-building implementation, therapeutic strategies, and consistent measures of quality and accountability. Despite many …

"Data Can Be Manipulated": How Prosecutors' Attitudes Toward Racial Disparities And Data-Informed Decision-Making Diverge, Maria Arndt, Rachel Silverthorn

Qualitative Criminology (QC)

"Research examining prosecutorial decision-making has grown considerably in recent years. Much of this research is focused on assessing unwarranted disparities in case processing outcomes using administrative case data. Comparatively few studies analyze prosecutors' perceptions using qualitative sources. Additionally, little is known about how prosecutors view their role in reducing racial disparities or how they can use data as a decisionmaking aid despite recent innovations in prosecutorial data collection capacity. The current study addresses this dearth of scholarship by analyzing interview data from two midsized Florida State Attorney’s Offices conducted in 2018. Results suggest two main groups of prosecutors: data-positive and …