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The Eighth Amendment’S Lost Jurors: Death Qualification And Evolving Standards Of Decency, Aliza Plener Cover

Indiana Law Journal

The Supreme Court’s inquiry into the constitutionality of the death penalty has over-looked a critical “objective indicator” of society’s “evolving standards of decency”: the rate at which citizens are excluded from capital jury service under Witherspoon v. Illinois due to their conscientious objections to the death penalty. While the Supreme Court considers the prevalence of death verdicts as a gauge of the nation’s moral climate, it has ignored how the process of death qualification shapes those verdicts. This blind spot biases the Court’s estimation of community norms and dis-torts its Eighth Amendment analysis.

This Article presents a quantitative study of …

The Political Implications Of Felon Disenfranchisement Laws In The United States, Katharine G. Connaughton

CMC Senior Theses

This empirical study analyzes the political implications for presidential election outcomes that stem from varying felon disenfranchisement laws within the United States. In the past decade incarceration rates have drastically increased, consequently augmenting the disenfranchised population. This paper focuses on presidential election outcomes and state political party majorities in the election years 2000, 2004, 2008, and 2012. I use demographic characteristics to calibrate assumptions for voter turnout and political party choice among the disenfranchised populations within each state. I then apply these voting populations to historical election outcomes and find that three state political party outcomes change, as well as …

A Bridge Between: Law And The New Intellectual Histories Of Capitalism, Ajay K. Mehrotra

Buffalo Law Review

No abstract provided.

Organic Poise: Capitalism As Law, Christopher Tomlins

Buffalo Law Review

No abstract provided.

Ncjr Annual Report: 2016, Ryan E. Spohn

Reports

The Nebraska Center for Justice Research (NCJR) was established in 2014 with a mission to develop and sustain criminal justice research capacity internal to the State of Nebraska. Our goal is to assist the Legislature, justice agencies, practitioners, foundations, and stakeholders with research and evaluation to reduce recidivism, promote the use of evidence-based practices, and improve public safety. This annual report summarizes the activities and financial status of NCJR in its second year.

Annual Report 2016, Nebraska Center For Justice Research, University Of Nebraska At Omaha, Ryan E. Spohn

Reports

The Nebraska Center for Justice Research (NCJR) was established in 2014 with a mission to develop and sustain criminal justice research capacity internal to the State of Nebraska. Our goal is to assist the Legislature, justice agencies, practitioners, foundations, and stakeholders with research and evaluation to reduce recidivism, promote the use of evidence-based practices, and improve public safety. This annual report summarizes the activities and financial status of NCJR in its second year. Our research products built upon the reports we produced last year. For example, we crafted our Adult Justice in Nebraska report to provide a foundation of data …

"Get Tough On Juvenile Criminals": An Assessment Of Punitiveness And Punitive Attitudes, Richard Charles Gehrke

All Graduate Theses, Dissertations, and Other Capstone Projects

This quantitative study surveyed college students (n=111), currently attending a community college in northeastern Minnesota, regarding whether juveniles should receive the same due process rights as adults, what the primary goal of the juvenile justice system should be, whether juveniles charged with serious offenses should be tried as adults, and whether juveniles convicted of committing a serious offense should be sentenced as adults. Utilizing two competing theoretical frameworks, the researcher hypothesized that students who self-identify with a conservative political ideology would be more punitive than students who self-identify with a liberal political ideology. The researcher's second hypothesis was that students …

Capitalism And Risk: Concepts, Consequences, And Ideologies, Edward A. Purcell Jr.

Buffalo Law Review

No abstract provided.

Mr. Peabody's Improbable Legal Intellectual History, Mark Fenster

Buffalo Law Review

No abstract provided.

Are Hispanics Discriminated Against In The Us Criminal Justice System?, Maria A. Eijo De Tezanos Pinto

Graduate Research Posters

Recent publications have contributed to increase the perception among Hispanics of an unfair and unequal treatment of this community by the US Criminal Justice System. One of the major concerns was the claim that Hispanics are incarcerated before conviction nearly twice as often as Whites. Unfair treatment perception by the population reduces legitimacy of police and government, and thus, it is imperative to analyze these uninvestigated allegations. Therefore, the purpose of this study is to address said allegations of discrimination against Hispanics and analyze with updated and reliable statistics whether Hispanics are incarcerated before conviction more often than Whites. There …

Federal Civil Rights Litigation Pursuant To 42 U.S.C. §1983 As A Correlate Of Police Crime, Philip M. Stinson, Steven L. Brewer Jr

Criminal Justice Faculty Publications

The Civil Rights Act of 1871 (codified at 42 U.S.C. §1983 and commonly referred to as Section 1983) provides a civil remedy for aggrieved persons to sue state actors who under the color of law violate federally protected rights. Since the 1960s there has been an explosion of Section 1983 litigation in the federal courts against police officers and their employing municipal and county agencies. Due to a lack of official statistics and poor methodologies, research has yet to determine how common Section 1983 actions are against the police nationwide. This study examines the relationship between police crime and being …

The Effect Of Gendered Spaces On The Gender Gap In Victimization: Implications For Private And Public Security, Dennis M. Savard

Wayne State University Dissertations

This research examines the gender gap in crime and how gendered spaces play a role in decreasing this gap. The gender gap in crime explains that men and women experience victimization at different rates. Gendered spaces are spaces in society that are designated for men and women. Routine activity theory and gendered spaces are two theoretical perspectives used in the study to examine how gender influences the routine activities of people and how this in turn creates gendered spaces and subsequent victimization based on perceptions an offender has of a women or men. This study utilizes secondary data from the …

Chaos Criminology: A Critical Inquiry, Adrienne Leigh Mccarthy

Online Theses and Dissertations

There has been a push since the early 1980’s for a paradigm shift in criminology from a Newtonian-based ontology to one of quantum physics. Primarily this effort has taken the form of integrating Chaos Theory into Criminology into what this thesis calls ‘Chaos Criminology’. However, with the melding of any two fields, terms and concepts need to be translated properly, which has yet to be done. In addition to proving a translation between fields, this thesis also uses a set of criteria to evaluate the effectiveness of the current use of Chaos Theory in Criminology. While the results of the …

Carving A New Notch In The Bible Belt: Rescuing The Women Of Kentucky, Molly Dunn

Online Theses and Dissertations

In recent years, the trafficking of women and girls for sexual exploitation has become a major focus on the local, national, and global level. This is despite research, which has identified labor trafficking to be a significantly larger issue across the globe. The purpose of this research is to identify how human trafficking has come to be defined in Kentucky by examining how prominent local actors guide the state’s anti-trafficking movement. Through interactions with non-profit organizations, law enforcement, and concerned citizens, factors and forces that may shape the public’s conception of human trafficking were examined. While the stated goal of …

Big Data And The Future For Privacy, Neil M. Richards, Jonathan H. King

Scholarship@WashULaw

In our inevitable big data future, critics and skeptics argue that privacy will have no place. We disagree. When properly understood, privacy rules will be an essential and valuable part of our digital future, especially if we wish to retain the human values on which our political, social, and economic institutions have been built. In this paper, we make three simple points. First, we need to think differently about "privacy." Privacy is not merely about keeping secrets, but about the rules we use to regulate information, which is and always has been in intermediate states between totally secret and known …

Taking Trust Seriously In Privacy Law, Neil M. Richards, Woodrow Hartzog

Scholarship@WashULaw

Trust is beautiful. The willingness to accept vulnerability to the actions of others is the essential ingredient for friendship, commerce, transportation, and virtually every other activity that involves other people. It allows us to build things, and it allows us to grow. Trust is everywhere, but particularly at the core of the information relationships that have come to characterize our modern, digital lives. Relationships between people and their ISPs, social networks, and hired professionals are typically understood in terms of privacy. But the way we have talked about privacy has a pessimism problem – privacy is conceptualized in negative terms, …

No More Mind Games: Content Analysis Of In-Game Commentary Of The National Football League’S Concussion Problem, Jeffrey Parker

Theses and Dissertations (Comprehensive)

American (gridiron) football played at the professional level in the National Football League (NFL) is an inherently physical spectator sport, in which players frequently engage in significant contact to the head and upper body. Until recently, the long-term health consequences associated with on the field head trauma were not fully disclosed to players or the public, potentially misrepresenting the dangers involved in gameplay. Crucial to the dissemination of this information to the public are in-game televised commentators of NFL games, regarded as the primary conduits for mediating in-game narratives to the viewing audience. Using a social constructionist theoretical lens, this …

The Socio-Legal Construction Of Adolescent Criminality: Examining Race, Community, And Contextual Factors Through The Lens Of Focal Concerns, Patrick Glen Lowery

Theses and Dissertations

The first American juvenile court opened in 1899, with the understanding that children and adults are fundamentally different, and as such, should be treated differently by the law. Less than 50 years later, every state within the United States had developed a separate juvenile justice system, along with the adoption of many significant statutes that made the juvenile court markedly different from the adult criminal court. Over time, however, dissatisfaction with numerous inadequacies in the juvenile court led to the “due process revolution” of the 1960’s and 1970’s. The legal and philosophical changes made during this time were not long …

Burnt Offerings: How The City Of Angels Engulfed Any And All Involved In The Rodney King Affair And Los Angeles Riots, Michael P. Mcnamara

Pell Scholars and Senior Theses

This thesis analyses the first modern case of police brutality and race relations - the beating of Rodney King and the 1992 Riots that followed. The roots of the gravity of this situation can be found in the the leadership of the city during that time. The thesis tells the story of the juxtaposition of the black, Democratic Mayor of Los Angeles (Tom Bradley) and the white, Republican Los Angeles Police Chief (Daryl Gates). Though both have a very mixed legacy, both men were highly effective in their respective fields and goals. It is their inability to work together and …

A Comparative Study Of Satisfaction With The Police In The United States And Australia, Mengyan Dai, Xin Jiang

Sociology & Criminal Justice Faculty Publications

This study comparatively examines three major models of citizens' satisfaction with the police, using two similar community surveys on policing from Cincinnati, Ohio, USA and Queensland, Australia. It tests the wider applicability of the demographic model, the neighborhood condition model, and the prior contacts with police model and analyzes whether the effects of common determinants on citizens' satisfaction remain the same across the two international samples. Results from a series of comparisons show that there is a substantial amount of similarity across statistical models for Cincinnati and Queensland, suggesting a general framework of citizens' satisfaction with the police that could …

Technology Distractions On Patrol: Giving Police Officers A Voice, Andrew David Dasher

Walden Dissertations and Doctoral Studies

Distraction while using mobile technology devices such as a cell phone or tablet computer is a common occurrence within the civilian population of the United States. U.S. police officers are increasingly utilizing these types of devices within the patrol environment. However, little is known as to how distraction affects police officers while they interact with these devices in the course of their daily duties. The purpose of this qualitative study was to explore how officers process potential officer safety issues on patrol, while interacting with mobile technology, by questioning participants' perception of distraction. This was accomplished through a phenomenological paradigm …

Law Enforcement Leadership Training Strategies, Will O'Neill

Walden Dissertations and Doctoral Studies

Senior law enforcement leaders are looking for leadership training strategies to develop future law enforcement leaders. The purpose of this single case study was to explore U.S. law enforcement leaders' training strategies to develop future leaders. The sample was comprised of 18 senior Northern Virginia executive law enforcement leaders who have leadership development strategies currently in use. The conceptual framework for this study was human capital theory. The data collection process included semistructured interviews, a review of training documentation, and direct observation related to leadership development. Based on methodological triangulation of the data sources and analysis of the data, 3 …

Best Practices For Controlling Tuberculosis - Training In Correctional Facilities: A Mixed Methods Evaluation, Ellen Reynolds Murray

Walden Dissertations and Doctoral Studies

According to the literature, identifying and treating tuberculosis (TB) in correctional facilities have been problematic for the inmates and also for the communities into which inmates are released. The importance of training those who can identify this disease early into incarceration is vital to halt the transmission. Although some training has been done by public health authorities for corrections, there is little to no evaluation of such training. The aim of this mixed methods retrospective study was to evaluate the effectiveness of a training to control TB in correctional facilities. The Southeastern National Tuberculosis Center (SNTC) conducted 12 trainings between …

The Persistent Fear Of Crime In A Safe Metropolitan Area: The Continual Impact Of Social Disorganization, Guillermo Rivas

Open Access Theses & Dissertations

While the association between physical and social disorder on crime have been established (Skogan, 1990), it is less clear how they influence fear of crime. Fear of crime is important to consider given that is can decrease both physical and mental health (Gee & Payne-Sturges, 2004). Utilizing data based on a randomly selected household survey in El Paso County, Texas (N= 1,070) I seek to examine the influence of physical and social disorders and social cohesion on fear of crime. OLS linear regression results illustrate the persistent impact of physical and social disorders regardless of neighborhood characteristics of poverty and …

Echoes, Sarah Abigail Adleman

Open Access Theses & Dissertations

When I was sixteen, my mother was killed one evening while running on the bayou behind our house in Houston. The man, who is now on Death Row in Texas, beat, raped, and then strangled her to death. Writer Mary Cappello says of Creative Nonfiction, to compose discursively requires that we turn in the direction of the discourses that have made us who we are rather than start from a place of what we think happened to us in the course of our lives. She goes on further to say, Creative nonfiction appreciates the power of prepositions. Instead of writing …

Written Plans And Self-Evaluations In Investigative Interviews With Witnesses, Jane Tudor-Owen

Theses: Doctorates and Masters

The PEACE model of investigative interviewing (Preparation and planning; Engage and explain; Account, clarification, and challenge [Account]; Closure; and Evaluation), has been in operation internationally since the early 1990s when it was introduced in England and Wales. The model is in operation in a number of Australian jurisdictions, including Western Australia (WA), where it was formally incorporated into interview training in 2009. While there have been a number of evaluations of the PEACE model, they have predominantly focused on the interview stages of the model; that is, Engage and explain, Account, and Closure. By comparison, the Preparation and planning and …

The Drug Court Paradigm, Jessica M. Eaglin

Articles by Maurer Faculty

Drug courts are specialized, problem-oriented diversion programs. Qualifying offenders receive treatment and intense court-supervision from these specialized criminal courts, rather than standard incarceration. Although a body of scholarship critiques drug courts and recent sentencing reforms, few scholars explore the drug court movement’s influence on recent sentencing policies outside the context of specialized courts.

This Article explores the broader effects of the drug court movement, arguing that it created a particular paradigm that states have adopted to manage overflowing prison populations. This drug court paradigm has proved attractive to politicians and reformers alike because it facilitates sentencing reforms for low-level, nonviolent …

Human Trafficking: The Health Of Men Forced Into Labor Trafficking In The United States, Christina Omole

Walden Dissertations and Doctoral Studies

Human trafficking is a criminal act that occurs globally. It affects both women and men, but most studies have focused on female victims; few have explored trafficked men or their related health issues. Though there are many forms of trafficking, it is believed that most male victims are trafficked as forced labor. Using gender schema theory as a framework, this quantitative study examined archival data to identify the types of trafficking men are subjected to, their health ailments, and how these differ from the health ailments of trafficked women. Archival data from 124 individuals subjected to human trafficking in Florida …

A Qualitative Case Study Of Police Officers' Perception Of Sexual Offender Registration, Tracy Lee Veri

Walden Dissertations and Doctoral Studies

Although many research studies about sexual offender registration exist, there is no qualitative study on the perspective of police officers whose job duties include the implementation of Sex Offender Registration and Notification (SORN) laws. The purpose of this case study was to explore specific police officers' perceptions of sex offender registration. Six police officers were hand selected for face-to-face interviews based on their unique job duties that included responsibilities and training related to the implementation of the sexual offender registration and community notification protocols. Festinger's cognitive dissonance theory provided the theoretical framework for this research study. According to study findings, …

Traffic Enforcement, Policing, And Crime Rates, Marc Weiss Weiss

Walden Dissertations and Doctoral Studies

Law enforcement agencies believe that traffic enforcement, in addition to reducing fatalities associated with automobile collisions, may also reduce the incidence of public order crimes. The academic literature, though, has largely failed to address this phenomenon. The purpose of this correlational study was to use Kelling and Wilson's broken windows theory to evaluate whether a statistically significant relationship exists between traffic enforcement rates and public order crimes in South Carolina. Secondary data from 5 counties were acquired from the South Carolina Department of Public Safety and the South Carolina Law Enforcement Division for the time period 2008 through 2012. Statistically …