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 …

Lessons Learned In Prison, Daniel Keating

Scholarship@WashULaw

One way that I have tried to stay fresh as a teacher through the decades is to periodically force myself outside of my teaching comfort zone by trying something completely different. Sometimes these initiatives will end up being a one-time experiment. That was the case a little over ten years ago when I decided to teach a new course (Contracts) in a new format (online, but well before Zoom had become commonplace). Other times, my teaching experiment will prove to be more than just a frolic and detour, as was true eight years ago when I began offering a free …

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 …

Child Sexual Abuse Cases In The Catholic Church Vs. Secular Groups: A Media Content Analysis, Hannah G. Adkison

College of Graduate Studies: Theses & Dissertations

Child sexual abuse (CSA) is a serious public health problem in the United States, with estimates suggesting that approximately 8% of males and 20% of females experience some form of sexual violence before adulthood (Pereda et al., 2009). Adult acquaintance victim-offender relationships account for 83% of all cases (Ullman, 2001). And while the acquaintance of victim- offender relationships is facilitated by a range of social institutions, perhaps none have received as much media attention as those occurring in the context of the Catholic Church (Formicola, 2014). Although child sexual assault is recognized as a serious punishable charge in all 50 …

Extralegal Bias In The United States Military In Sexual Assault Cases, Taylor F. Blackston

College of Graduate Studies: Theses & Dissertations

By evaluating the case recommendations following a preliminary hearing from military sexual assault cases from fiscal years 2016-2018, this study aims to assess whether or not extralegal factors are influencing decisions of case recommendations of assigned convening authorities. Using secondary data from the Department of Defense’s annual reports on sexual assault in the United States military (n=5,171), this study aims to answer the following questions: Do extralegal factors contribute to convening authorities’ recommendations following Article 32 hearings? If so, what extralegal factors contribute to convening authority's decision on non-judicial hearing recommendations? The results of the following analyses identified several extralegal …

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 …

Law Enforcement Training On Suicide By Cop: Implications Of Mental Health Crisis And Encounters With Those Individuals Who Want To Die, Juan C. Garcia

Theses and Dissertations

There is a high prevalence of suicide in people who engage in Suicide by Cop (SbC), a method of suicide that involves provoking law enforcement into fatal use of force. This research study aimed to examine the changes in knowledge about SbC, self-efficacy when dealing with SbC offenders, and empathy toward SbC offenders in response to law enforcement officers’ (LEO) participation in a 30-minute SbC intervention training. This dissertation first introduced information about defining features and prevalence of suicide as a whole and SbC in particular. SbC factors include SbC intent, mental health history, noncompliance with LEO commands, and multiple …

Judging Better Together: Understanding The Psychology Of Group Decision-Making On Panel Courts And Tribunals, Brian M. Barry Dr

Articles

While the psychological phenomena that affect group decisionmaking have been thoroughly investigated for decades, how these phenomena apply to decision-making by judges on panel courts is under-examined. This article examines the main psychological phenomena of group decision-making, both positive and negative, and considers their implications for panel courts and other groups of professional legal decision-makers such as adjudicators serving on tribunals. This article argues that experimental studies on judges and adjudicators testing the effects of these phenomena would improve understanding of legal decision-making by these groups and could help to devise ways to improve their decision-making processes to reach higher …

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 …

The Problematic Structure Of Indigent Defense Delivery, Eve Brensike Primus

Michigan Law Review

The national conversation about criminal justice reform largely ignores the critical need for structural reforms in the provision of indigent defense. In most parts of the country, decisions about how to structure the provision of indigent defense are made at the local level, resulting in a fragmented patchwork of different indigent defense delivery systems. In most counties, if an indigent criminal defendant gets representation at all, it comes from assigned counsel or flat-fee contract lawyers rather than public defenders. In those assigned-counsel and flat-fee contract systems, the lawyers representing indigent defendants have financial incentives to get rid of assigned criminal …

Essays On The Economics Of Law And Crime, Zachary J. Porreca

Graduate Theses, Dissertations, and Problem Reports (ETD)

The first chapter examines the connection between gentrification and urban violence. I demonstrate a positive and plausibly causal relationship between urban redevelopment and gun violence in Philadelphia. As the underlying mechanism, I focus on gentrification's displacement effect on local drug markets. Treating the city as a spatial network of city blocks and using two-way fixed effects differences-in-differences estimators, I show the gentrification of one block increases violence across the surrounding neighborhood. I find that some 2,400 (8%) of Philadelphia's shootings between the years 2011 and 2020 can be attributed to spillover effects from the gentrification of drug blocks. This effect …

Strengthening The Interpretation Of Glass And Paint Evidence Through The Study Of Random Frequency Of Occurrence And Analytical Information, Lauryn C. Alexander

Graduate Theses, Dissertations, and Problem Reports (ETD)

Glass and paint particles are frequently discovered at crime scenes as valuable trace evidence. Often, these fragments are transferred from a crime scene to a victim or person-of-interest, and can subsequently be evaluated, analyzed, and classified according to their physical and optical measurements, and chemical properties, each of which can provide important information to the analyst to assist in the determining if a recovered particle is distinguishable or indistinguishable from a known source. Moreover, these minute materials can provide information about how the events took place, leading to the reconstruction of crime scenes and the identification of valuable clues for …

Prison Libraries, Intellectual Freedom And Social Justice In Nigeria, Olusegun Adebayo Opesanwo, Oluyomi Abidemi Awofeso Phd

Library Philosophy and Practice (e-journal)

This paper deployed a systematic review to examine prison libraries and intellectual freedom towards attaining social justice in Nigeria. Information resources used cover the periods of 2010 and 2020 to articulate the necessary development in prison libraries, intellectual freedom and social justice in Nigeria. Search engines such as Google scholar, Semantic Scholar, and RefSeek were used to retrieve information and through different queries yielded several results but very few of them were selected to fit in the study due to limited studies directed to address the focus of this study particularly in the Nigeria scenario. Information obtained were subjected to …

Assessing Arrest & Traffic Stop Patterns In Portland, Me, Jack Mcdevitt Ph.D., George Shaler Mph, Sarah Krichels Goan Mpp, Stephen Abeyta, Carlos Cuevas Phd

Justice Policy

This project examined the available arrest and traffic citation data from Portland Police Department to determine if there is any evidence of disproportionate enforcement activities in the city.

The Impact Of The Covid-19 Pandemic On Risk Factors For Fatal Intimate Partner Violence And Domestic Violence Services Provided, Faith E. Alves

Honors Theses

The current study assessed the COVID-19 pandemic-related changes in risk factors for fatal intimate partner violence (IPV) among female victims. It additionally analyzed IPV services received before and during the pandemic. Data came from a system that most domestic violence (DV) agencies in Connecticut utilize to record their contacts with their clients, including an initial screening through a police-social service intervention. Results indicated that unemployment of the partner was significantly higher in the during-COVID group. Additionally, the delivery of criminal justice services was significantly higher in the pre-COVID group whereas delivery of law enforcement services was significantly higher in the …

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 …

Do Crime Prevention Through Environmental Design Strategies Deter Taggers? Voices From The Street, Arthur Vasquez, Nina Barbieri, John J. Rodriguez

Qualitative Criminology (QC)

"Crime Prevention Through Environmental Design (CPTED) postulates that jurisdictions can deter crime and antisocial behavior via effective use and proper design of the physical environment. When a jurisdiction implements a CPTED strategy, it makes involvement in criminal behavior more difficult, thereby increasing the chance of being caught. Using interviews with 35 active juvenile street taggers from a large metropolitan area in Texas, this research explores whether implementing CPTED strategies deter offenders from engaging in criminal activity. Results suggest physical barriers, natural surveillance, access, and signage serve as deterrents during the target selection process."

Editorial, Kevin Buckler

Qualitative Criminology (QC)

"

Editor Introduction to Volume 11, Issue 4

This issue of the Journal contains four articles and two book reviews. Each of the four articles focuses in some way on crime, criminal justice, and space. "

Getting Jumped In Vacationland: The Complicated Rhetoric And Realities Of Assault In A Small Town, Andrew Burns, Kat Albrecht

Qualitative Criminology (QC)

"Crime Prevention Through Environmental Design (CPTED) postulates that jurisdictions can deter crime and antisocial behavior via effective use and proper design of the physical environment. When a jurisdiction implements a CPTED strategy, it makes involvement in criminal behavior more difficult, thereby increasing the chance of being caught. Using interviews with 35 active juvenile street taggers from a large metropolitan area in Texas, this research explores whether implementing CPTED strategies deter offenders from engaging in criminal activity. Results suggest physical barriers, natural surveillance, access, and signage serve as deterrents during the target selection process."

“I Know A Guy”: Examining Homeless Income Generation And Spatial Mobility, Daniel J. Reinhard, Ted Palys

Qualitative Criminology (QC)

"This study explores the variety of income-generating activities, along with corresponding distances that homeless and marginally housed persons travel to engage in the activities. Altogether 24 individuals were interviewed, and ethnographic field observations occurred over several months to increase rapport. The qualitatively gathered data were used in ArcGIS to calculate travel distances. These income-generating activities that persons engaged in were commonly forms of shadow work, and many kinds of income-generating activities were found. Among our sample, there appeared to be two distinct groups: those with more income methods and further travels, and those with fewer methods and shorter travels. The …

Entering Without Breaking: Challenges And Strategies Of The Qualitative Criminologist Investigating Carceral Spaces, Anaïs Tschanz

Qualitative Criminology (QC)

"Although qualitative methodology courses in criminology make it possible to gain theoretical and practical training in the collection, analysis and interpretation of data gathered using qualitative tools, these more rarely help address more targeted questions and concerns. Without making any claim to offer definitive solutions beyond the status of “tip,” this article attempts to tackle “things they don't really teach you how to handle in your qualitative methodology class,” concerning research in a carceral environment. By characterising carceral space as an opaque, all-encompassing environment pervaded by spatiotemporal constraints, it describes strategies that can be implemented in the face of organisational, …

Quicker, J. C., Batani-Khalfani, A. S., Before Crips: Fussin’, Cussin’, And Discussin’ Among South Los Angeles Juvenile Gangs., Shilpashri Karbhari

Qualitative Criminology (QC)

"Before Crips: Fussin’, Cussin’, and Discussin’ Among South Los Angeles Juvenile Gangs delves into a criminological discussion of juvenile gangs in South Los Angeles. Authors John C. Quicker and Akil S. Batani-Khalfani, deconstruct the term “juvenile gangs” and instead recommend using “street groups.” Chapters one through nine provide a historical timeline of the various pre-Crip-and-Blood gangs in South Central Los Angeles, past and present theoretical approaches, and the origins of the Slausons, one of the established early gangs in South Los Angeles. The book features a visual description of the various clubs, street groups, and gangs that were visible …

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."

“Have You Seen Me?”: Forensic Art For Human Identification, Mckenzie Stommen

Honors Theses

Forensic art for human identification is used to identify victims, suspects, and unidentified decedents. The field is highly interdisciplinary, and forensic artists draw on a broad range of skills, knowledge, and relationships with colleagues to complete this work. This paper will focus mainly on age progression and forensic facial reconstruction, although more applications of forensic art do exist. The case study in forensic art discussed here took the form of an age progression.

New developments in artificial intelligence, facial recognition, computed tomography, and DNA have implications for forensic art, and have already begun to find a place in the field. …

An Updated Look At Mental Health Services In American Public And Private Prisons, Lieren E. Tyira

Student Theses

People residing in American prisons have the legal right to mental health care while incarcerated (Justia, 2021). This is important, as the prevalence of mental disorders is high in this population (Prins, 2014), and incarceration is a psychologically damaging experience, which hinders a person’s success at rehabilitation. Numerous of issues related to the mental health services (MHSs) in both public and private prison facilities have been reported in recent years, which warrants systematic exploration. The little existing research comparing the presence of MHSs in these facilities has produced mixed results, it uses out-of-date datasets, and none has explored MHSs in …

The Fiscal Impact Of Marsy's Law: A Financial Analysis Of Victims' Rights Policy In Nevada, Elia Del Carmen Solano-Patricio

Undergraduate Research Symposium Lightning Talks

Since 2008, the "Marsy's Law" campaign has sought to embed in state constitutions a specific and lengthy set of victims' rights. In 2018, voters ratified "Question 1" in Nevada which broaded the definition of the term victim to any person directly and 'proximately' harmed by a criminal offense. As a result, Marsy's Law opens the door to the interpretation of the word "crime" and the word "victim."

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; …

Smoke But No Fire: Convicting The Innocent Of Crimes That Never Happened, Autumn Huber

Symposium of Student Scholars

“Smoke but no Fire” published by Jessica Henry provides various discussions of no-crime wrongful convictions of those who are innocent. Throughout this novel, the evaluation of forensic error, police roles, judiciary roles, and misdemeanors bring to light the phantom crimes that occur within our criminal justice system. The criminal justice system brings the injustice of those wrongfully convicted to the eyes of readers worldwide. Part of this research provided throughout her novel includes the National Registry of Exonerations, short for NRE, which assesses evidence of exonerations of those who were innocent and those who remain inside the four walls of …

Reparations For The Wrongly Convicted, Gillian Trost

Graduate Dissertations and Theses

Wrongly convicted persons should be offered reparations in instances where they have suffered or faced harm as a result of their wrong conviction. Harms can include, but are not limited to, losing physical time, mental health damages, monetary harm, and damages to the person’s reputation. Harms are anything that has diminished a person's quality of life throughout the conviction process and even after exoneration. Failure to offer reparations to these persons is unethical and reparations are a necessary consequence when the judicial system convicts the wrong person. Failure to offer reparations also lessens the judicial system’s accuracy and reliability when …

Criminal Justice Update - December 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 (no updates this month)

• Updates from the Courts

  • U.S. Supreme Court: Criminal Law & Procedure (no updates this month)

  • PA Supreme Court: Criminal Law & Procedure (no updates this month)

  • PA Superior Court: Criminal Law & Procedure