Digital Commons Network^™

International Lobbying Law, Melissa (M.J.) Durkee

Scholarship@WashULaw

An idiosyncratic array of international rules allows nonstate actors to gain special access to international officials and lawmakers. Historically, many of these groups were public-interest associations like Amnesty International. For this reason, the access rules have been celebrated as a way to democratize international organizations, enhancing their legitimacy and that of the rules they produce. But a focus on the classic public-law virtues of democracy and legitimacy produces a theory at odds with the facts: The international rules rules also offer access to industry and trade associations like the World Coal Association, whose principal purpose is to lobby for their …

'Fraternité' In Echr Jurisprudence, Andrea Scoseria Katz, Paulo Pinto De Albuquerque

Scholarship@WashULaw

Solidarity rights can increasingly be found in the jurisprudence of the European Court of Human Rights (ECtHR), the preeminent rights-protecting body in the world. This article examples three specific spheres in which the ideal of solidarity has left its mark on the Court’s jurisprudence: (1) society’s obligation to its most vulnerable members; (2) the right to collective enjoyment of public goods like the environment; and (3) the rights of particular groups to self-development. It examines the manner and extent that such rights have been instantiated and the theoretical difficulties they pose to a human rights court.

Law's Evolving Emergent Phenomena: From Rules Of Social Intercourse To Rule Of Law Society, Brian Z. Tamanaha

Scholarship@WashULaw

Law involves institutions rooted in the history of a society that evolve in relation to surrounding social, psychological, cultural, economic, political, technological, and ecological influences. Law must be understood naturalistically, historically, and holistically. In my usage, naturalism views humans as social animals with natural traits and requirements, historicism presents law as historical manifestations that change over time, and holism sees law within social surroundings. These insights inform my perspective in A Realistic Theory of Law. While these propositions might seem obvious, few works in contemporary jurisprudence build around them.

In this essay, I draw on the notion of emergence …

Effects Department Of Justice Investigations Have On Violent Crime And Arrest Rates, D. Scott Hoffman

Walden Dissertations and Doctoral Studies

In 1994 Congress enacted the Violent Crime Control and Law Enforcement Act, which in part gave the Department of Justice, Civil Rights Division (DOJCRD) the power to investigate local law enforcement agencies for Constitutional and civil rights violations. Researchers have found these investigations are expensive, time consuming, and highly intrusive to a law enforcement agency. To understand how these investigations are impacting communities, data were gathered on cities with local law enforcement agencies that have experienced an investigation by the DOJCRD. Using a quasi-experimental, multiple time-series research design with a paired samples t-test, the dependent variables (violent crime and arrest …

The Importance Of Outcome Fairness: Revisiting The Role Of Distributive Justice, Kyle Mclean

Theses and Dissertations

Distributive justice, or the perceived fairness of outcomes, has played a minimal role in research into procedural justice and legitimacy in policing. However, allegations of racial bias that have contributed to the present legitimacy crisis in policing are more consistent with the concept of distributive justice than procedural justice. As such, the present study attempts to re-orient distributive justice within policing research. This study proposes that individuals infer the fairness of outcomes from the treatment that they receive from police officers. These judgments about outcome and treatment then combine to influence individuals’ perceptions of the legitimacy of police. In addition …

Prosecution As The "Soul Crushing Job:" Complexities Of Campus Sexual Assault Cases, Tammi L. Slovinsky

Theses and Dissertations

On April 4, 2011, the U.S. Department of Education issued a Dear Colleague Letter on campus sexual assault reaffirming the intent of Title IX, the 1972 law that prohibits discrimination sex-based under any education program or activity receiving federal financial assistance. In response to growing concern over due process rights for defendants, in September 2017 the guidance was rescinded. Public policy continues to evolve, leading to potentially lasting institutional changes on many college campuses. These developments include the formalization of campus investigations and adjudications, the development of campus coordinating committees and expanded support mechanisms for victims. In Virginia, laws passed …

Police Officer Perceptions Of Organizational Justice And Body-Worn Cameras: A Civilizing Effect?, Carolyn Naoroz Ph.D.

Theses and Dissertations

This research sought to understand the potential association between officer perceptions of organizational justiceand officer perceptions of body-worn cameras (BWCs). A questionnaire was administered to a convenience sample of 362 officersfrom the 750 sworn personnel from the Richmond Police Department in Richmond, VA, yielding a response rate of 91% and representing 44% of the Richmond Police Department’s sworn employees. This study extends prior work by partially replicating a previous BWC survey conducted by leading body-worn camera scholars, utilizing a large sample from an urban mid-Atlantic police department. This study also extends prior work on officer perceptions of organizational justice …

The Short-Term Self-Control Stability Of College Students, Nicholas James Blasco

Theses and Dissertations

Since the stability problem was first outlined by Gottfredson and Hirschi (1990) in their influential work A General Theory of Crime it has received a steady stream of attention from the academic community. Researchers have studied juveniles and adults and have implemented a variety of methodological and statistical approaches. Many of these studies do not show support for the theoretical concept outlined by Gottfredson and Hirschi; yet, there were exceptions. The current study used a slightly different theoretical approach accompanied with research methodology that is still in its infancy. While most studies testing the relative stability of self-control use longitudinal …

The Consensus Myth In Criminal Justice Reform, Benjamin Levin

Scholarship@WashULaw

It has become popular to identify a “bipartisan consensus” on criminal justice reform, but how deep is that consensus, actually? This article argues that the purported consensus is largely illusory. Despite shared reformist vocabulary, the consensus rests on distinct critiques that identify different flaws and justify distinct policy solutions. The underlying disagreements transcend traditional left/right political divides and speak to deeper disputes about the state and the role of criminal law in society. The article offers a typology of the two prevailing, but fundamentally distinct, critiques of the system: (1) the quantitative approach (what I call the “over” frame); and …

Factors Contributing To Juvenile Crime Leading To The Disparity Of The Risk Levels For Secure Detainment, Dawn Prystajko

Theses and Dissertations

The main purpose of this research was to explore the factors that contributed to juvenile crime which in turn caused disparity in secure detainment among juveniles. This was based upon the alternate hypothesis that there is a noticeable disparity with minority youths being more securely detained opposed to majority youths. Therefore, the research was designed to examine raw data obtained from the Juvenile Justice Services Planner/JDAI Coordinator of the excel database of juvenile arrests/detainment.

The findings revealed several key points. The finding revealed that useable data extracted from the excel database was not able to neither agree with nor support …

Modeling Job Stress Among Police Officers: Interplay Of Work Environment, Counseling Support, And Family Discussion With Co-Workers, Lily Chi-Fang Tsai, Claire Nolasco, Michael S. Vaughn

Criminology and Criminal Justice Faculty Publications (Archived)

Existing literature indicates that various factors affect police stress. This article uses data from the ‘Work and Family Services for Law Enforcement Personnel in the United States, 1995’ downloaded from the Inter-University Consortium for Political and Social Research (‘ICPSR’) website. Respondents include 594 sworn police officers from 21 agencies in New York City. Using structural equation modeling, results indicate that sex, race, education, and tenure do not have a direct influence on total job stress, but have a direct impact on family discussion with co-workers, counseling support, and negative working environment. Rank has a direct impact on total job stress, …

Predictors Of Conviction: An Examination Of Arson Trial Outcomes In Florida, Timothy York

Walden Dissertations and Doctoral Studies

The influences that crime control, due process factors, and individual demographic characteristics have on the criminal trial outcomes of accused arsonists was unknown. Absent this knowledge, it was not clear if public policy ensures justice for the accused, particularly for the disadvantaged. The purpose of this quasi-experimental study was to investigate, using Packer's due process and crime control model as the theoretical framework, the relationship between time to trial, number of defense and prosecution witnesses, access to fire origin and cause experts, legal representation type, age, race, education, and gender and criminal arson case outcomes. A sample size of 165 …

Relationship Between Victims Of Urban Violence And Post-Traumatic Stress Disorder, Jashon Anthony Banks Sr.

Walden Dissertations and Doctoral Studies

Urban violence has become common in lower-income communities that have high rates of shootings and African-American victims. Urban violence causes victims and their family and friends to experience trauma and puts them at risk for post-traumatic stress disorder (PTSD) injuries. However, there is a gap in knowledge in the framework of urban communities and their range of needs to address PTSD. The purpose of this quantitative study was to examine whether a relationship exists between reinforcement of needs, membership, influence, shared emotional connection, and post-traumatic stress symptomology (PTSS) of urban violence victims in a large metropolitan city. Albert Bandura's self-efficacy …

Police Culture And Decision-Making, Larry D. Anthony

Walden Dissertations and Doctoral Studies

Decisions made by street-level police officers during encounters with the public have an immediate and long-lasting effect. Bad choices can cause a loss of trust, respect, and legitimacy for the police in a community and lay a foundation for violent confrontations between officers and citizens. Layers of culture that shape human decisions consist of social and institutional culture, including interactions that shape an individual's culture and beliefs and demographics and technology that affect cultural development. Police culture (which includes these layers of culture and factors like rank, units, and history) shapes attitudes and opinions about communities and people in a …

An Evaluation Of Juvenile Lifers In Pennsylvania Pre And Post Act 33 Of 1995, Kieshia Martin

Walden Dissertations and Doctoral Studies

Act 33 of 1995 is an amendment to Pennsylvania's Juvenile Act (2008). This amendment changed jurisdictional boundaries for juvenile offenders who committed violent crimes with weapons. As a result, youth who committed violent crimes with weapons were automatically transferred to the adult criminal justice system. Using punctuated equilibrium as the theoretical foundation, the purpose of this study was to determine if Act 33, as a punctuating event, resulted in an increase in the number of youth transferred to the adult criminal justice system and sentenced to life without the possibility of parole in an urban county in Pennsylvania. Secondary data …

Length Of Pretrial Detainment For Inmates With Mental Illness, Maria Pereira-Sosa

Walden Dissertations and Doctoral Studies

There has been an increase in the number of individuals with mental illness being housed in correctional facilities over the last 50 years. In this study, the length of pretrial detention was compared for inmates who have a mental illness and are compliant with psychiatric medications, inmates who have a mental illness and are noncompliant or not prescribed psychiatric medication, and inmates with no mental illness. I also examined if inmates who have a mental illness have less severe charges and if there was a difference in the classification of mental health diagnoses for inmates who are and are not …

Citizen Perceptions Of Institutional Disparities And The Reintegration Of Nonviolent Drug Related Offenders, Terrance Hinton

Walden Dissertations and Doctoral Studies

In 2017, Louisiana had the highest incarceration rate in the nation with 1,420 of every 100,000 adult males being placed in a state or local penitentiary. To address this issue, a series of criminal justice reforms were passed within the Louisiana legislature that released thousands of former offenders back into the community. The purpose of this qualitative study is to understand the attitudes, thoughts, and opinions of citizens in a single Louisiana city regarding ex-offender re-integration and disparities within the criminal justice system. March and Olsen's Rational Choice Institutionalism was used to explain how environment impacts individual perception and choices …

Stress And Coping Abilities Of Swat Personnel In A Metropolitan Area Of Florida, Pedro Corpas

Walden Dissertations and Doctoral Studies

For decades, stress has been scientifically studied and found to have effects on the law enforcement community. Furthermore, scholars have thoroughly studied the correlation between stress and the law enforcement occupation which has been proven to affect their well-being. Although there is currently ample literature on stress and police officers, to date there has been little research on factors associated with stress and SWAT police officers. Using Lazarus and Folkman's cognitive theory of stress and coping as the foundation, the purpose of this phenomenological study was to explore how SWAT police officers cope with stress while on duty and off …

A Global Perception On Contemporary Slavery In The Middle East North Africa Region, Kimberly Anne Pavlik

Walden Dissertations and Doctoral Studies

Although human trafficking continues to be a growing problem around the world, there are scarce quantitative methodologies for evidence-based research because it is hard to gather reliable and comparable data on human trafficking. It is also difficult to track patterns in human trafficking on a regional or global scale because the victims are a vulnerable population. Using Datta and Bales conceptualization of modern slavery as the theoretical foundation, the primary purpose of this study was to establish a baseline measurement of trafficking predictors in the Middle East North Africa (MENA) as well as understand the statistical relationship between measurements of …

Perceptions Of Reasonable Use Of Force By Probation Officers And Civilians, Timothy Loranzy Sowards

Walden Dissertations and Doctoral Studies

There is little academic research that examines whether there are differences between the ways probation officers and community members perceive the use of force on juvenile offenders. Failure to understand the differences in these perceptions negatively affected a probation department in California, which failed to address public concerns regarding the use of force in the juvenile hall, which resulted in a consent decree and a costly financial settlement. Using socialization theory as the foundation, the purpose of this study was to understand if there is a statistically significant difference between probation officers and civilians regarding their perceptions of use of …

Perspectives Of Racism Among Offenders Post Incarceration, Anna Phillips

Walden Dissertations and Doctoral Studies

Racial segregation in California prisons is a primary means of maintaining control and safety for inmates and correctional staff, yet little is understood about how racial segregation in prison impacts reentry of offenders into the community. The research question examined in this study focused on how living in the racial segregation of a California State prison, for 2 years or more might influence African-American, White, and Latino men's ability to interact with other races in a culturally diverse community upon release. Using Donald Clemmer's theory of prisonization as the foundation, the purpose of this phenomenological study was to understand the …

Media Exposure And Social Response As Predictors Of Citizen's Attitudes Toward Police, Tara A. Garrison

Walden Dissertations and Doctoral Studies

Police-involved deaths of African Americans have increased over the past two decades, with continued high-profile media exposure. The problem is that extant research provided only a partial understanding and disparate focus about how media exposure, social responses, social media use, and attitudes towards police were possibly related to citizens witnessing acts of police-initiated actions against African Americans in the United States. The purpose of this quantitative study was to assess the predictive nature of media exposure, social response, and social media use concerning citizens' attitudes towards police. The two theories supporting this study and shaped this hypothetical system are media …

The Lived Experiences Of African-American Male Exoffenders In The Northeast United States, Jacqueline Grant

Walden Dissertations and Doctoral Studies

Discrimination, racism, and class bias affects the accessibility of resources available to African American males who are exoffenders. The purpose of this phenomenological study was to explore the lived experiences of African American, male exoffenders' ability to access resources postincarceration. Guided by Bell and Freeman's critical race theory, a purposeful sample of 6 African American, male exoffenders were recruited from 2 reentry programs in the Northeast United States. A semistructured interview approach was employed to examine the life history, details of experience, and reflection on the meaning of the lived experience from the participants. The modified Stevick, Colaizzi, and Keen …

Causes Of Recidivism Among Mentally Ill Prerelease Offenders From The Perspective Of Former Correctional Mental Health Professionals, Rina Desiree Deneice Bradley Brown

Walden Dissertations and Doctoral Studies

The move toward reducing the prison population was driven by an increase in the number of reentry programs that focused on the needs of the offender, such as the provision of stable housing, employment, education, and sustaining strong familial bonds. While the literature supported these areas as being effective in reducing recidivism, there was no consensus that they were effective for offenders with mental illness (OMI). The purpose of this qualitative study was to analyze the impact of prerelease services for the OMI population from the perspective of former correctional mental health professionals who provided these services. The research questions …

The Need For De-Escalation Techniques In Civil Disturbances, George Raymond Mccord Jr

Walden Dissertations and Doctoral Studies

The response to civil disturbances has historically been the aggressive use of force or escalation with tactics such as the use of police dogs, armed federal troops during war protests, and police field forces. These types of tactics can escalate tensions between protestors and police and only add to the violence and destruction of the incident. To reduce the violence between protestors and the police and the destruction often associated with civil disturbances, it is necessary to examine the need to include de-escalation techniques in the responses. This study utilized 3 theoretical frameworks, the chaos theory, the behavioral decision theory …

Trauma And Juvenile Justice In Carson City, Nevada, Ali M

Walden Dissertations and Doctoral Studies

The Nevada State Juvenile Justice and School systems do not currently screen or treat juveniles for post-traumatic stress disorder (PTSD). Left untreated, PTSD may contribute to behaviors that can lead to engagement with the juvenile justice system and contribute to high rates of recidivism and possible future engagement with the adult justice system. Using Erickson's theory of psychological development as the foundation, the purpose of this case study was to explore whether, from the perspectives of key stakeholders whether interventions and prevention services for juvenile justice clients in Carson City met the needs of youthful offenders also diagnosed with PTSD. …

The Role Of Organizational Justice In Police Interaction Decisions With Citizens Post-Ferguson, Joshua Lee Adams

Walden Dissertations and Doctoral Studies

Recent negatively publicized police-citizen interactions in the media, followed by a subsequent rise in crime rates in the United States, has been named the Ferguson Effect. The Ferguson Effect has been explored by prominent scholars in the criminal justice community; however, little is known about how police officers in small police agencies perceive the Ferguson Effect. The purpose of this qualitative phenomenological study was to explore the perceptions and lived experiences of police officers regarding the Ferguson Effect in small police agencies, as well as police officers' perceptions of their own organizational justice. The theoretical framework for this study was …

Government And Nongovernmental Collaboration To Build Community Resiliency Against Terrorism In Oklahoma City, Kimberly K. Heltz

Walden Dissertations and Doctoral Studies

The way communities build resiliency and prepare for acts of terrorism is ambiguous in the United States; best practices remain unclear. Due to mobility and advancements in communication technologies, individuals and organizations share information, incite anger, recruit, and act on ideological grievances with ease. Such grievances are bolstered by the political and social exclusion of disparate groups through poorly designed policies and ineffective government structures. Using a combination of social constructivism and systems thinking theories, this case study explored collaboration efforts between government agencies and nongovernment experts in Oklahoma City, OK, identifying best practices as a result of lessons learned …

Policy Implications Of News Media Coverage Of The Islamic State Of Iraq And Syria., Godfred A. Ababio

Walden Dissertations and Doctoral Studies

The Islamic State of Iraq and Syria (ISIS) garnered global news media attention in Summer 2014 when it seized a significant section of land in Iraq and Syria. The group then mishandled and executed its captives. There is a lack of consensus among the international community, led by Russia and the United States, on how best to address the threat posed by ISIS. An understanding of the function of Russian and U.S. news media coverage of the ISIS threat is an appropriate research topic. The purpose of this qualitative content analysis study was to explore how the U.S, Russian, and …

The Effect Of Cultural Awareness Training On Staff In Intergovernmental Service Agreement Facilities, Steven Alan Coffman

Walden Dissertations and Doctoral Studies

No system-wide diversity training exists at Immigration and Customs Enforcement Intergovernmental Service Agreement (IGSA) facilities. This study was conducted to determine if diversity training has a short-term effect on cultural awareness of staff in these facilities in the midwestern United States. This information is important to administrations in IGSA facilities when deciding to include diversity training in the annual required training of staff, as the efficacy and relevance have been unknowns. The theoretical foundation of this study is Smircich's organizational culture theory. A nonequivalent control group research design was utilized to collect survey data from 48 participants at 2 midwestern …