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The Effects Of Defendant And Juror Language Use On Sentencing Recommendations, Victoria Christine Estrada

Open Access Theses & Dissertations

Spanish-language testimony is an extra-legal variable not widely studied in the legal psychology field. More emphasis has been placed on the translation of the testimony as well as accent attitudes. The current study extended research conducted by Stephan and Stephan (1986) to investigate the impact of Spanish-speaking defendants and mock-juror's language use and proficiency on sentencing recommendations. Two hundred and seventy-seven participants from the University of Texas at El Paso read a case vignette of a first-degree aggravated assault and asked were asked to provide sentence recommendations for the defendant. The defendant's testimony was presented in English or Spanish with …

The Structural Injustice Of Forced Migration And The Failings Of Normative Theory, David Ingram

Philosophy: Faculty Publications and Other Works

I propose to criticize two strands of argument - contractarian and utilitarian – that liberals have put forth in defense of economic coercion, based on the notion of justifiable paternalism. To illustrate my argument, I appeal to the example of forced labor migration, driven by the exigencies of market forces. In particular, I argue that the forced migration of a special subset of unemployed workers lacking other means of subsistence (economic refugees) cannot be redeemed paternalistically as freedom or welfare enhancing in the long run. I further argue that contractarian and utilitarian approaches are normatively incapable of appreciating this fact …

How The "Unintended Consequences" Story Promotes Unjust Intent And Impact., Martha T. Mccluskey

Journal Articles

In the guise of critical analysis of the limits of law reform, the familiar phrase “unintended consequences” serves to rationalize rising inequality and to undermine democratic accountability. This paper examines how the phrase promotes a story of disentitlement, using the recent financial crisis as an example. By naturalizing inequality as power beyond law’s reach, this phrase’s message that benign law is likely to bring unequal consequences dovetails with a seemingly contradictory message that benign intent, rather than harmful impact, is what primarily counts for evaluating inequality.

As part of a LatCrit XV symposium taking a “bottom-up” view of the recent …

Together Again, John Henry Schlegel

Journal Articles

No abstract provided.

Al-Shabaab's American Recruits: A Comparative Analysis Of Two Radicalization Pathways, Matthew Wade Richardson

Open Access Theses & Dissertations

From 2005 to 2011, at least 41 Americans joined, or attempted to join, al-Shabaab, Somalia's preeminent terrorist organization. This thesis examines the radicalization process for al-Shabaab's American recruits by dividing the sample into two groups: non-Somali and Somali. The author employs causal flow diagramming as a means of visualizing each group's unique radicalization pathway. While most of the non-Somali recruits were motivated by political grievances and Salafism, most of the Somali recruits were motivated by identity conflict and nationalism. Considering al-Shabaab is both a religious and an ethno-nationalist terrorist organization, these results make sense. Radicalization within diaspora communities is a …

Mid West–Gascoyne District Police Officers’ Experience With The Cannabis Infringement Notice Scheme, Kara Wright

Theses: Doctorates and Masters

Cannabis is currently the most frequently used illicit drug in Australia. Research has revealed a range of health, economic, criminal and social consequences associated with the drug. The widespread use of cannabis and the consequences associated with its use has ignited strong political and social debate as to what response should be taken to minimise the harmful effects of the drug. In order to reduce the harms associated with cannabis, and in line with the national harm minimisation framework, the Western Australia (WA) Cannabis Infringement Notice (CIN) scheme commenced in 2004. The introduction of the CIN scheme as part of …

Gendered Arrests Or Gendered Sentencing: Explaining The Narrowing Of The Gender Gap In Imprisonment Over Time: 1970–2008, Mark G. Harmon, Robert M. O'Brien

Criminology and Criminal Justice Faculty Publications and Presentations

Since 1970 the percentage of women incarcerated in U.S. prisons has risen from nearly 3 percent to almost 7 percent—more than doubling in less than 40 years. This article examines explanations for this phenomenon—concentrating on two: Changes in the relative rates of arrest for females and males and sentencing reforms that were instituted during this period. The authors examine trends in female to male imprisonment rates from 1970 to 2008 across all fifty states using panel analysis. The only robust relationship they find is between the ratio of female to male incarceration rates and the ratio of female to male …

How Money For Legal Scholarship Disadvantages Feminism, Martha T. Mccluskey

Journal Articles

A dramatic infusion of outside money has shaped legal theory over the last several decades, largely to the detriment of feminist theory. Nonetheless, the pervasive influence of this funding is largely ignored in scholarly discussions of legal theory. This denial helps reinforce the marginal position of feminist scholarship and of women in legal theory. Conservative activists and funders have understood the central role of developing community culture and institutions, and have helped shift the prevailing framework for discussion of many questions of theory and policy through substantial investments in law-and-economics centers and in the Federalist Society. Comparing the institutional resources …

A Content Analysis Of Statutory Grounds For Involuntary Termination Of Parental Rights: The Impacts And Susceptibility Of Incarcerated Mothers And Their Children, Holly Marie Duke

Master's Theses

As the myriad of complex circumstances surrounding incarceration and foster care debilitate the parent-child relationship, the likelihood of legal severance between an incarcerated parent and their child increases. Despite the nation’s mounting prison population over the last three decades, the growing interaction between the prison and foster care populations has received minimal attention in the literature. To date, the influence of the statutory grounds for involuntary termination of parental rights on the legal severance between incarcerated parents and their children has been largely ignored. The purpose of this research is to determine the susceptibility of incarcerated parents to the involuntary …

Bad Cops At Home: An Exploratory Study Of Officer-Involved Domestic Violence, Philip M. Stinson, John Liederbach

Criminal Justice Faculty Publications

Officer-involved domestic violence is a problem that should concern researchers, policymakers, the policing community, and the general public. Yet there is very little research in the area and no official data is available to discern the nature and prevalence of domestic violence in police families. Victims are reluctant to report officer-involved domestic violence and often feel helpless in the criminal justice system where the abuser is employed. This is complicated by provisions of the Lautenberg Amendment of 1996 which prohibit anyone convicted of a crime of domestic violence from carrying a firearm. This study explores 324 cases of state and …

Feminist Advocacy In Community Based Responses To Domestic Violence: Gendered Identity, Ideology And Practices, Andrea J. Nichols

Dissertations

The anti-domestic violence movement began as a feminist grassroots effort. Early feminist advocates relied on survivor-defined and social change practices rooted in feminist identity and ideology. Advocacy has evolved over time, moving from grassroots efforts into professionalized organizations, and now includes collaboration with the justice system in community based responses to domestic violence (CBR). Through inductive analysis of interviews with 26 domestic violence victim advocates and drawing from a gendered organizations framework, I examine how advocates’ feminist identity and ideology shape their practices in CBR. Findings indicate that advocates both resist and reproduce various gendered practices within traditionally feminist anti-domestic …

Substance Use Behavior Among Early-Adolescent Asian American Girls: The Impact Of Psychological And Family Factors, Lin Fang, Kevin Barnes-Ceeney, Steven Schinke

Criminal Justice Faculty Publications

Confronting developmental tasks and challenges associated with bridging two different cultures, Asian American adolescent girls face increasing risks for substance use. Identifying risk and protective factors in this population is essential, particularly when those factors can inform preventive programs. Guided by family interaction theory, the present cross-sectional study explored the associations of psychological and familial factors with use of alcohol, prescription drugs, and other drugs among early-adolescent Asian American girls. Between August 2007 and March 2008, 135 pairs of Asian American girls (mean age 13.21 years, SD = 0.90) and their mothers (mean age 39.86 years, SD = 6.99) were …

Advance, Winter 2011, San Jose State University, Department Of Justice Studies

Advance (Justice Studies)

News from the San Jose State University Record Clearance Project

Crimes Committed By Tattooed Female Offenders And The Significance Of Body Art Content And Location, Megan Sullivan

Regis University Student Publications (comprehensive collection)

The body is a site of manipulation, mutilation, and decoration, evident through centuries of body marking and tattooing. There is a very compelling relationship between tattooed individuals and crime, and this descriptive study investigates the presence of tattoos amongst female offenders. Research analysis identified the relationship between tattoos and convicted female offenders, along with the significance of the content and location of the offenders' tattoos.

Cj Times Volume 6, Issue 1, Department Of Criminal Justice

CJ Times (Newsletter)

No abstract provided.

Wrongful Convictions And Punitiveness: Measuring Student's Attitudes On Erroneous Felony Convictions, Shayna Lancaster

Sociology & Criminal Justice Theses & Dissertations

The purpose of this study is to better understand the attitudes towards wrongful convictions and levels of punitiveness among college students who may work in the criminal justice field in the future. It attempts to replicate Robert Ramsey and James Frank's 2007 study "Wrongful Conviction - Perceptions of Criminal Justice Professionals Regarding the Frequency of Wrongful Conviction and the Extent of System Errors." Instead of surveying criminal justice professionals, this study's sample is on-campus undergraduate classes in criminal justice and political science for the spring 2010 semester at Old Dominion University using a survey that operationalizes punitiveness with a series …

Collaborating With A Killer: The Unique Perspective Of Prison Life From A Man On Death Row, Gordon A. Crews, Angela D. Crews

Criminal Justice Faculty Research

This presentation describes the process and difficulties of developing a collaborative working relationship with Stephen C. Stanko, a man currently serving two death sentences in South Carolina for the murders of two people and the sexual assault and attempted murder of a third. Mr. Stanko and Dr. Gordon Crews first worked together on a book from 2000-2004 when Stanko was serving a 10-year sentence for kidnapping and assault with intent to kill. In April 2005, only 8 months after Stanko was released from that sentence, he committed the crimes for which he is currently facing death. Since then, the Crews’ …

Substance Use Among Asian American Adolescents: Perceptions Of Use And Preferences For Prevention Programming, Lin Fang, Kevin Barnes-Ceeney, Rebecca A. Lee, John Tao

Criminal Justice Faculty Publications

Rarely has substance use prevention programming targeted Asian-American adolescents. Using a focus group methodology, we explored perceptions of substance use and preferences for prevention programming among 31 Asian-American adolescents in New York City. Participants considered substance use common in the community. Factors contributing to substance use among Asian-American adolescents (e.g., peer pressure, pressure to achieve, family factors, and community influence) were identified, and the need for prevention programs tailored for the Asian-American community was highlighted. Participants discussed preferred program content, delivery settings, and recruitment and retention strategies. Despite the favorable attitude for family-based prevention programming, participants raised potential issues concerning …

Afraid To Cry Wolf: Human Rights Activists’ Conundrum To Define Narratives Of Justice And Truth In The Former Yugoslavia, Arnaud Kurze

Department of Justice Studies Faculty Scholarship and Creative Works

Throughout the 1990s the state of Yugoslavia dissolved, ravaged by horrendous conflict. Since, several retributive and restorative mechanisms to cope with past atrocities have been attempted. In these processes social activists and civil society organizations have increasingly gained ground. Employing concepts of sociology of spaces, which focuses on the creation of spaces through action and the interdependence of action on spatial structures, I argue that activists move between different spaces constituted by narratives of justice and truth. Different NGOs across the region run trial monitoring and/or witness support programs—examples of activist involvement in legal spatiality.

Liberated Voices: Juvenile Offenders’ Perceptions Of The Therapeutic Relationship, John S. Ryals

Journal of Theoretical and Philosophical Criminology

No abstract provided.

Editor’S Statement, David Polizzi

Journal of Theoretical and Philosophical Criminology

No abstract provided.

Is Capital Punishment Just? Assessing The Death Penalty Using Justice Theory, Matthew Robinson

Journal of Theoretical and Philosophical Criminology

No abstract provided.

Book Review: Essential Criminology 3rd Edition, Roger Schaefer

Journal of Theoretical and Philosophical Criminology

No abstract provided.

Guest Editor's Statement, Roger Schaefer

Journal of Theoretical and Philosophical Criminology

No abstract provided.

Understanding Others’ Experience: Phenomenology And/Beyond Violence, Joshua Freistadt

Journal of Theoretical and Philosophical Criminology

No abstract provided.

Redefining Genocide: The International Criminal Court’S Failure To Indict On The Darfur Situation, Simeon Sungi

Journal of Theoretical and Philosophical Criminology

No abstract provided.

Conflict In Darfur: Calculation And Inadequate International Response, Bob Zaremba

Journal of Theoretical and Philosophical Criminology

No abstract provided.

A Penological Approach To The Social Construct Of Sexuality, Lauren Elizabeth Gibson

Masters Theses and Doctoral Dissertations

Prison sex research has generally followed an essentialist theoretical approach. Only Alarid (2000) examined jail sex using a social constructionist approach to understanding sexuality behind bars. Using data collected from 142 male inmates in a Southern maximumsecurity correctional facility, the purpose of the present study was to examine whether engaging in sexual behavior affects a change in the sexual orientation of male prison inmates, using a social constructionist theoretical approach. In addition, the influence of several sociodemographic and situational variables on the change in sexual orientation was examined. The only statistically significant variable associated with a change in sexual orientation …

Stereotype Threat In Criminal Interrogations: Why Innocent Black Suspects Are At Risk For Confessing Falsely, Cynthia J. Najdowski

Psychology Faculty Scholarship

Little theoretical attention has been paid to evidence that Blacks are overrepresented in samples of false confessors compared to Whites. One possible explanation is that innocent Black suspects experience stereotype threat in interrogations and that this threat causes Black suspects to experience more arousal, self-regulatory efforts, and cognitive load compared to White suspects. These psychological mechanisms could lead innocent Black suspects to display more nonverbal behaviors associated with deception and, ironically, increase the likelihood that police investigators perceive them as guilty. In response, investigators might engage in more coercive tactics and exert more pressure to confess on Black suspects than …

Executions In America: How Constitutional Interpretation Has Restricted Capital Punishment, Andrea Paone

Pell Scholars and Senior Theses

In upholding the constitutionality of capital punishment, the United States Supreme Court has utilized a strict construction interpretation of the Fourteenth Amendment's Due Process Clause, which has led the opponents of capital punishment to abandon the Due Process approach and look to the Eighth Amendment, for which the justices utilize a loose construction interpretation.