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From The Legal Literature: Private Prosecutions, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

“Progressive” Prosecutors And “Proper” Punishments, Benjamin Levin

Scholarship@WashULaw

After decades of relative inattention to prosecutorial elections, academics and activists recently have focused on “progressive prosecutors” as a promising avenue for criminal justice reform. That said, the growing literature on progressive prosecutors reflects little clarity about what makes a prosecutor “progressive.” Recent campaigns suggest disparate visions of how to operationalize “progressive prosecution.” In this chapter, I describe four ideal types of progressive prosecutor: (1) the progressive who prosecutes, (2) the proceduralist prosecutor, (3) the prosecutorial progressive, and (4) the anti-carceral prosecutor. Looking to sentencing policy as a case study, I examine how these different ideal types illustrate different visions …

Prosecuting The Crisis, Benjamin Levin

Scholarship@WashULaw

Over the past decade, activists and academics have celebrated the rise of the so-called “progressive prosecutor” movement. District attorney candidates—often former public defenders or civil rights lawyers—have promised to use prosecutorial discretion to address the injustices of the criminal system. A proliferation of such campaigns, and the electoral successes of some of these candidates have raised questions about progressive prosecution: what does it actually mean to be a progressive prosecutor? Does progressive prosecution work? Do progressive candidates follow through on campaign promises? And, how enthusiastic should defense attorneys, reformers, and critics of the carceral state be about progressive prosecution? The …

Punishment Externalities And The Prison Tax, Sheldon Evans

Scholarship@WashULaw

Punishment as a social institution has failed to live up to the quixotic ideals of theory and has descended into the practice of mass incarceration, which is one of the defining failures of this generation. Scholars have traditionally studied punishment and incarceration as parts of a social transaction between the criminal offender, whose crime imposes a cost to society, and the state that ensures the offender repays this debt by correcting past harms and preventing future offenses. But if crime has a cost that must be repaid by the offender, punishment also has a cost that must be repaid by …

Expert Governance Of Online Speech, Brenda Dvoskin

Scholarship@WashULaw

In a world of fundamental disagreements about how social media companies should govern speech, it is striking that nearly everyone agrees that online speech governance should be based on human rights. The human rights project for content moderation proposes that social media platforms align their own internal speech policies with international human rights law (IHRL). It seeks, I argue, a system of expert governance: one in which a corporate technocracy applies a set of exogenous principles imagined as objective and global. Ultimately, this governance model shifts power to experts under the illusion of empowering the people.

To support these claims, …

Underrepresentation Of Black Participants In Drug Court: Reasons Reported For Non-Admission In Six Jurisdictions, Kathryn J. Genthon

Theses and Dissertations

Despite the beneficial impacts of drug court participation, access to these programs may not be equitable across racial groups. The reasons behind racial disparities in access to these programs are not well-documented in the current literature. This study investigates disparities in access to drug court and the possible reasons they occur. Chi-square tests are used to assess for disparities in admissions between Black and White individuals referred to drug court. Additional statistical analyses addressed the association of sex and age with admission to provide a broader picture of the impact of a variety of demographic characteristics on admission to drug …

The Negative Impacts Of Border Patrol On The Mental Health Of Migrants, Breyana M. Newton

Pell Scholars and Senior Theses

The research in this paper is a deep dive into the actions of Border Patrol on migrants and refugees and their effects on the individual. This includes impacts on mental health, child development, resettlement prevention, and racism and discrimination within border patrol itself. To understand all of this and how wide reaching all of this goes there needs to be a reflection on the history and policies of Border Patrol and the Government behind it.
The problem with patrolling our borders is that there are consequences on the U.S. as a nation and unintended consequences on those individuals migrating into …

The Conflict Among African American Penal Interests: Rethinking Racial Equity In Criminal Procedure, Trevor George Gardner

Scholarship@WashULaw

This Article argues that neither the criminal justice reform platform nor the penal abolition platform shows the ambition necessary to advance each of the primary African American interests in penal administration. It contends, first, that abolitionists have rightly called for a more robust conceptualization of racial equity in criminal procedure. Racial equity in criminal procedure should be considered in terms of both process at the level of the individual, and the number of criminal procedures at the level of the racial group—in terms of both the quality and “quantity” of stops, arrests, convictions, and the criminal sentencings that result in …

After The Criminal Justice System, Benjamin Levin

Scholarship@WashULaw

Since the 1960s, the “criminal justice system” has operated as the common label for a vast web of actors and institutions. But, as critiques of mass incarceration have entered the mainstream, academics, activists, and advocates increasingly have stopped referring to the “criminal justice system.” Instead, they have opted for critical labels—the criminal legal system, the criminal punishment system, the prison industrial complex, etc. What does this re-labeling accomplish? Does this change in language matter to broader efforts at criminal justice reform or abolition? Or, does an emphasis on labels and language distract from substantive engagement with the injustices of contemporary …

Three Essays In Applied Microeconomics: Philly Style, Alexander Christian Marsella

Graduate Theses, Dissertations, and Problem Reports (ETD)

My dissertation analyzes several contemporary policy-based and institutional occurrences in an urban setting to help guide further advancements in reducing violence, drug overdose deaths, and other unhealthy behaviors that city governments look to curb. Several recent developments in Philadelphia offer a promising setting for studying policies that have broad implications.

Chapter 1 examines the effect of the West Philadelphia Promise Zone initiative on violent crime rates in a high-crime area of West Philadelphia, where a series of educational, public-safety, and quality-of-life improvement grants were disbursed from 2014 onward. My difference-in-differences analysis with two-way fixed effects and cluster bootstrapped standard errors …

State Attorneys’ Perceptions On The Role Of Racial Disparities In The Juvenile Justice System, Allison Cohen

Theses and Dissertations

This dissertation was prepared to offer a scholarly investigation on the justice officials’ consideration of race in making decisions for sanctions and sentencing of African American juveniles. The research provided an extreme review of the justice system to place in context the differential treatment of Black youths. African American juveniles’ cumulative experience of discrimination and racial disparities in the juvenile justice system and adult criminal justice system. An examination of the overrepresentation of African Americans in the justice system. A journey from juvenile delinquency to adult criminality. An early destination starts at arrest to intake to juvenile court then transfer …

Qualitative Examination Of Jri Initiatives And Case Processing, Brian C. Renauer, Kelsey S. Henderson, Christopher M. Campbell

Criminology and Criminal Justice Faculty Publications and Presentations

The purpose of this study is to develop a more in depth understanding of the contexts, motivations, and circumstances that impacted the development and implementation of county-specific JRI programing in the state of Oregon. We place a particular emphasis on understanding the factors related to the use of downward departures and variation in approaches. In addition, the study also uncovered broader JRI themes and challenges that impact overall program development, implementation, and future longevity/stability. The report contains 5 sections: 1- Broad Themes Related to County JRI Development and Implementation, 2 -Historic and Contemporary Challenges, 3 - Downward Departure Programs, 4 …

Examining The Impact Of The Covid-19 Pandemic On Violent Crime In The City Of Pittsburgh, Brittany Urban

Electronic Theses and Dissertations

The goal of this research is to examine patterns of Part I crimes [including Part I Person/Violent: Homicide, Rape, Aggravated Assault, and Robbery, and Part I Property: Burglary, Larceny-Theft, Motor Vehicle Theft, and Arson, as defined by the Federal Bureau of Investigation (FBI) Uniform Crime Reporting (UCR) Standards] in The City of Pittsburgh, framing the COVID-19 pandemic as a major stressor that Robert Agnew’s General Strain Theory suggests may lead to increased opportunity for crime, due to the perceived unjustness of the associated lockdown orders and potential incentive for criminal coping (Agnew 1992). This descriptive analysis is based primarily upon …

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."

Anti-Human Trafficking Training For Law Enforcement: An Assessment Of Practice In A Southern State, Patricia Ann Southerland

Dissertations

Human trafficking, a crime hidden in plain sight, does not answer to civility or the inherent human rights established within societal norms. While several factors influence this heinous crime, the absence of training and the incorporation of best practices among law enforcement personnel impairs the proper identification of victims, as well as the arrest and prosecution of facilitators, traffickers, and buyers (Clawson, Dutch, & Cummings, 2006; Dandurand, 2017; Darwinkel, Powell, & Tidmarsh, 2013; Davy, 2016; Efrat, 2015; Farrell, 2014; Farrell, McDevitt, Fahy, 2010; Farrell, McDevitt, Pfeffer, Fahy, Owens, Dank, & Adams, 2012; Farrell & Pfeffer, 2014, Grubb & Bennet, 2012; …

The Rise Of Terrorism In Africa And What It Means For U.S. Policymakers, Bridget Mary Hughes

Master's Theses

This thesis utilizes three case studies to measure the rise of terrorism in Africa. This qualitative data leads the reader to one ultimate question: what does the rise in terrorism in Africa mean for the United States (U.S.) and U.S. policymakers, National Security academia, students in National Security, if anything at all? The answer is: if civilian and military compounds are being targeted by these violent extremists, as these three case studies demonstrate, it is my recommendation that U.S. policymakers cease sending troops to the African theater and, instead, allocate funding to the citizens and nonprofits of the countries whom …

Factors, Scott Rempell

Buffalo Law Review

No abstract provided.

A Comparison Of The Mental Health Of Police Officers And Correctional Officers In Rural Appalachia, Sierra Thomas

Electronic Theses and Dissertations

The purpose of this study was to explore perceptions of mental health among police officers and correctional officers within rural Appalachia. The main goal of this research was to better understand how the occupational demands of working in the criminal justice field can impact one’s mental health over time. Several research questions were explored, including the prevalence of various mental health problems, associated stressors, the structure of support among officers, and the perceptions of mental health treatment services. Data were gathered through semi-structured interviews with 21 police and correctional officers located in rural Appalachia. Results provided a better understanding of …

Pretrial Consequences: The Impact Of New York State Bail Reforms On Racial And Ethnic Disparities In Pretrial Outcomes, Esther Laaninen

Student Theses

This study investigates the impact of New York’s 2020 Bail Reforms on racial and ethnic disparities in pretrial outcomes for New York State. 2019, 2020, and 2021 arraignment data from the Office of Court Administration Pretrial Release Datasets are used to determine whether racial and ethnic disparities for White Non Hispanic, Black Non Hispanic, Hispanic, and other race defendants narrowed after the implementation of the new law. The results from descriptive analysis, binary logistic regressions, and ANOVA tests suggest that racial-ethnic disparities have not abated, even though the proportion of defendants required to pay cash bail has sharply declined among …

Why Do The Police Reject Counseling? An Examination Of Necessary Changes To Police Subculture. Necessary Changes To Police Subculture., Noel Otu, Ntiense E. Otu

Criminal Justice Faculty Publications

This paper reviews the concept of police subculture and examines its role in the management and acceptance of treatment for stress-related injury. In particular, we examine the impact of stigma that attaches to treatment within this subculture. The persistence of the dominant police subculture remains a significant obstacle to officers seeking treatment for stress-related illnesses. The subculture has historically resisted acknowledging the need for treatment in response to the occupational and/or organizational stress-related injury that results from frequent exposure to work-related trauma. Many police administrators are still embedded within and resist changes to the subculture, which results in an atmosphere …

Criminal Justice Update - October 2022, Patrick Mahoney

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 (no updates this month)
• 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

Greening Criminal Legal Deserts In Rural Texas, Pamela R. Metzger, Claire Buetow, Kristin Meeks, Blane Skiles, Jiacheng Yu

Deason Center Reports

Texas’ rural communities urgently need more prosecutors and public defense providers. On average, Texas’ most urban areas have 28 lawyers for every 100 criminal cases, but rural areas only have five. Many rural prosecutor’s offices cannot recruit and retain enough staff. The Constitution’s promise of equal justice for all remains unfulfilled. Rural Texans charged with misdemeanors are four times less likely to have a lawyer than urban defendants. In 2021, only 403 rural Texas lawyers accepted an appointment to represent an adult criminal defendant. In 65 rural counties, no lawyer accepted an appointment. And the problem is getting worse. Since …

Too Feminine For Execution?: Gender Stereotypes And The Media’S Portrayal Of Women Sentenced To Death, Kelsey M. Collins

Theses and Dissertations

Traditional gender norms prescribing women as more nurturing and less aggressive than men have led to both the reluctance to view women as capable of violence, as well as a greater willingness to execute men than women in the United States. To make sense of the instances where women are sentenced to death, the media often pathologizes and/or demonizes them. Scholars have found that demonizing and dehumanizing those executed is a necessity to the implementation of capital punishment, both in cases of male and female defendants. To better understand how the news media have framed the gender and racial narratives …

"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 …

Evaluating The Panoptic Deterrent Effect Of Skywatch Surveillance Towers: A Mixed Methods Analysis, Penny M. Geyer

Doctoral Works at the University of New Haven

The internalization of an all-seeing gaze is an important component of crime control, whether in the form of suitable guardians, place managers, or meticulous surveillance ceremonies. Specifically, panoptic technologies have the potential to “normalize” behaviors through visible yet unverifiable surveillance. Although marketed as a technology that deters crime, SkyWatch surveillance towers’ actual deterrent effect has never been empirically evaluated. Such an assessment is critical not only from a crime reduction perspective, but also one of cost-effectiveness as these towers cost hundreds of thousands of dollars.

Utilizing a sequential triangulation mixed method procedure, information from 21 semi-structured interviews was combined with …

An Examination Of The Effects Of Workgroup Characteristics On Criminal Case Processing & Case Outcomes, Luis Torres

Dissertations

The court communities and inhabited institutions perspectives posit that courts should be examined through a lens that considers the complex and collaborative process that court actors (e.g., judges, prosecutors, and defense counsels), collectively referred to as the courtroom workgroup, engage in during case processing. However, empirical research infrequently examines such intricacies and devotes little attention to how the characteristics of workgroup members influence courtroom interactions, the efficiency they process cases, and ultimately case decisions. This omission is notable because theory asserts that the dynamics of the workgroup are at least in part driven by the characteristics of its members.

This …

Comparing The Us To Other Nations: Experimental Evidence On Changing Public Punitiveness, Vinny Coyle

Honors Program Theses and Projects

The United States incarceration rate was once on par with other western, industrialized democracies. Dating back to the 1980’s, the United States incarceration rate began to increase exponentially and at an alarmingly high rate, much higher than its comparative countries. Public punitiveness on criminal justice policies has been the driving force behind this. Thus, this study aims to analyze the public’s support for punitive or more rehabilitative criminal justice policies after being presented with accurate information comparing US incarceration rates and its comparative countries since the 1950’s. Participants were recruited via Amazon Mechanical Turk and given a Qualtrics survey link …

Safety And Security On Campus: Student Perceptions And Influence On Enrollment, Kaitlyn Puckett

Electronic Theses and Dissertations

Research examining college choice has traditionally focused on factors relating to demographics of the student and the college/university. Less attention has been directed towards how safety and security of the campus and the surrounding community play a role in college choice. In addition, some studies have examined students’ fear of crime, perception of safety and security, and perception of public safety; however, there is still much to be learned. The current study sought to further the research by (1) assessing how campus safety and security impacts enrollment decisions, (2) assessing how students perceive fear of crime and their personal safety, …

Racial Tension, Public Mistrust, And Policing: Insights From Police Leaders In The Rio Grande Valley (Rgv)- A Research Note, Marika Dawkins-Cavazos

Criminal Justice Faculty Publications

This paper presents preliminary insights from police leaders in the Rio Grande Valley (RGV), a southwestern border region of the United States. Perceptions among minority police leaders with respect to minority-police interactions have received little attention. To better understand the perceptions of minority police leaders, this study focused on whether police leaders in a predominantly Hispanic region of the country perceive that racial tensions influence police-community interactions. Using a purposive sample of 29 police leaders, preliminary results suggest that recent high-profile incidents have had some impact on how officers do their jobs. Implications for public policy and suggestions for future …