Digital Commons Network^™

From The Legal Literature: America’S Paper Prisons: The Second Chance Gap, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

Cannibalizing The Constitution: On Terrorism, The Second Amendment, And The Threat To Civil Liberties, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

This article explores the links between internet radicalization, access to weapons, and the current threat from terrorists who have been radicalized online. The prevalence of domestic terrorism, domestic hate groups, and online incitement and radicalization have led to considerable focus on the tension between counterterror efforts and the First Amendment. Many scholars recommend rethinking the extent of First Amendment protection, as well as Fourth, Fifth, and Sixth Amendment protections, and some judges appear to be listening. Yet the Second Amendment has avoided this consideration, despite the fact that easy access to weapons is a necessary ingredient for the level of …

From The Legal Literature: Trafficking And The Shallow State, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

Pain That Only She Must Bear: On The Invisibility Of Women In Judicial Abortion Rhetoric, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

The graphic and bodily facts of a legal question of rights are relevant to the courts, particularly in questions that directly implicate physical bodies and pain, such as right to die cases, or what level of search may be allowable and when. However, in the case of abortion, or more specifically the bodily ramifications of pregnancy and childbirth, this detail is conspicuously absent. This article, relying on a content analysis of over 220 legal opinions on abortion rights, documents this absence of rhetoric. Particularly in the context of other discussions of pain and physical health risks in these very same …

From The Legal Literature: Environmental Victimization And Criminal Enforcement: Assessing Evidence From Thirty-Seven Years Of Epa Case Summary Reports, Marshall R. Schmidt, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

From The Legal Literature: Arrest Records, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

From The Legal Literature: Undemocratic Crimes, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

Schoolhouse Rap, Andrea L. Dennis

Scholarly Works

Rap on Trial, the treatment of rap music as evidence in the American criminal legal process, is well-documented and increasingly scrutinised. Research has shown that – with little restraint – police, prosecutors, probation officers and judges use rap lyrics to investigate, prosecute and punish individuals. Less noticed is that a similar phenomenon is occurring in the American K–12 educational system, which disciplines school-age youth who participate in rap culture and sometimes refers them to the juvenile or criminal legal systems for additional punishment. This article describes and analyses a small set of identified cases of this scenario, demonstrating that rap …

New Directions In State Crime: A Queer Criminology Perspective, Haley Elizabeth Bates

Online Theses and Dissertations

While recent decades have seen an expansion of state crime literature, the scholarship has been slow to integrate new criminological perspectives. The field is aware of state-perpetrated harms committed against queer and gender non-conforming individuals, yet there are limited works that explicitly frame the state as a criminal actor. This paper argues for the integration of queer criminology into the field of state crime to elevate harms against the LGBTQ+ community into academic awareness. Case studies demonstrating direct state violence in Russia’s Chechen Republic and indirect state violence against trans women in the United States are included to highlight the …

Communities In Conflict: A Critical Look Into Police And Deaf Interactions In Central Kentucky, Savannah Sublette

Online Theses and Dissertations

The purpose of this study is to examine historical and social patterns of audism, as expressed through criminal justice institutions, within local communities in central Kentucky. Previous research has pointed to patterns of discrimination by surveying either police or deaf and hard of hearing (DHH) people. By conducting research with members of both populations, the present study is able to explore the respective experiences and opinions on various topics, including knowledge of the Americans with Disabilities Act (ADA), criminal justice policy and procedure, and the interaction techniques utilized by law enforcement. Themes and patterns emerge showing the disconnect between a …

The Expansion Of School Resource Officers In A Florida County: A Mixed Methods Study, Melanie Soderstrom

Electronic Theses and Dissertations, 2020-2023

In the aftermath of school shootings, policymakers presented the expansion of school resource officers (SROs) in the nation's schools as a method for keeping students safe. Recently, policing in the United States has come under increased scrutiny, and several school districts across the country cancelled their SRO contracts with law enforcement agencies. Notably, these contradictory decisions have been made with limited empirical knowledge surrounding, the roles, preparedness, and impact of SROs. A county in Florida substantially expanded its SRO program in the 2016-17 school year creating a new unit within the local sheriff's office and an opportunity to investigate these …

Carceral Progressivism And Animal Victims, Benjamin Levin

Scholarship@WashULaw

This chapter places the criminalization of harm to non-human animals within a larger context of left and progressive efforts to use criminal law to address social problems. This chapter treats the animal welfare movement’s turn to criminal legal solutions as a case study of the broader phenomenon of “carceral progressivism.” Specifically, the chapter identifies this case study as reflecting two particularly common features of left or progressive criminalization projects: (1) the presence of a particularly vulnerable class of victims; and (2) the claim that criminal law can send a message about society’s respect for that class of victims and condemnation …

Victims’ Rights Revisited, Benjamin Levin

Scholarship@WashULaw

This Essay responds to Bennett Capers's article, "Against Prosecutors." I offer four critiques of Capers’s proposal to bring back private prosecutions: (A) that shifting power to victims still involves shifting power to the carceral state and away from defendants; (B) that defining the class of victims will pose numerous problems; C) that privatizing prosecution reinforces a troubling impulse to treat social problems at the individual level; and (D) broadly, that these critiques suggest that Capers has traded the pathologies of “public” law for the pathologies of “private” law. Further, I argue that the article reflects a new, left-leaning vision of …

Interest-Based Incorporation: Statutory Realism Exploring Federalism, Delegation, And Democratic Design, Sheldon Evans

Scholarship@WashULaw

Statutory interpretation is a unique legal field that appreciates fiction as much as fact. For years, judges and scholars have acknowledged that canons of interpretation are often based on erudite assumptions of how Congress drafts federal statutes. But a recent surge in legal realism has shown just how erroneous many of these assumptions are. Scholars have created a robust study of congressional practices that challenge many formalist canons of interpretation that are divorced from how Congress thinks about, drafts, and enacts federal statutes. This conversation, however, has yet to confront statutory incorporation, which describes when Congress incorporates state law into …

Lemonade: A Racial Justice Reframing Of The Roberts Court’S Criminal Jurisprudence, Daniel S. Harawa

Scholarship@WashULaw

The saying goes, when life gives you lemons, make lemonade. When it comes to the Supreme Court’s criminal jurisprudence and its relationship to racial (in)equity, progressive scholars often focus on the tartness of the lemons. In particular, they have studied how the Court often ignores race in its criminal decisions, a move that in turn reifies a racially subordinating criminalization system.

However, the Court has recently issued a series of decisions addressing racism in the criminal legal system: Buck v. Davis, Peña-Rodriguez v. Colorado, Timbs v. Indiana, Flowers v. Mississippi, and
Ramos v. Louisiana. On their face, the cases teach …

Race-Aware Algorithms: Fairness, Nondiscrimination And Affirmative Action, Pauline T. Kim

Scholarship@WashULaw

The growing use of predictive algorithms is increasing concerns that they may discriminate, but mitigating or removing bias requires designers to be aware of protected characteristics and take them into account. If they do so, however, will those efforts be considered a form of discrimination? Put concretely, if model-builders take race into account to prevent racial bias against Black people, have they then engaged in discrimination against white people? Some scholars assume so and seek to justify those practices under existing affirmative action doctrine. By invoking the Court’s affirmative action jurisprudence, however, they implicitly assume that these practices entail discrimination …

Little Progress In The Sixth Committee On Crimes Against Humanity, Leila Nadya Sadat

Scholarship@WashULaw

This essay takes up the work of the UN Sixth Committee to date on crimes against humanity. It offers the first comprehensive tabulation of States’ positions, an analysis of the work accomplished thus far, and suggests a potential roadmap for advancing the adoption of a new global treaty on crimes against humanity. The essay notes the substantial progress made by the International Law Commission in the development and shaping of the proposed draft treaty as well as the substantial support the ILC’s work has attracted from States. At the same time, it underscores the disappointing outcome of this year’s negotiations, …

Regulating Police Chokeholds, Trevor George Gardner, Esam Al-Shareffi

Scholarship@WashULaw

This Article presents findings from an analysis of police chokehold policies enacted at the federal, state, and municipal levels of government. In addition to identifying the jurisdictions that restricted police chokeholds in the wake of George Floyd’s death on May 25, 2020, the Article conveys (via analysis of an original dataset) the considerable variance in the quality of police chokehold regulation. While many jurisdictions regulate the police chokehold, the strength of such regulations should not be taken for granted. Police chokehold policies vary by the type of chokehold barred (“air choke” and/or carotid choke), the degree of the chokehold restriction, …

The Promise Of Radical Crime Policy, Trevor George Gardner

Scholarship@WashULaw

To the surprise of no one, the Defund the Police campaign has been subject to attack on several fronts—by political conservatives, police unions, and any number of Democratic Party politicians. How did Defund proponents respond to this high leverage moment? As the national debate about police budgets reached its apex, the Defund campaign seemed to scatter in several policy directions while clinging to the Defund mantra.

In To “Defund” the Police, Jessica Eaglin tracks these directions and draws a conceptual map of the various ongoing political projects designed to stem the flow of public money to police departments. To …

The Informed Jury, Daniel Epps, William Ortman

Scholarship@WashULaw

The right to a criminal jury trial is a constitutional disappointment. Cases almost never make it to a jury because of plea bargaining. In the few cases that do, the jury is relegated to a narrow factfinding role that denies it normative voice or the ability to serve as a meaningful check on excessive punishment.

One simple change could situate the jury where it belongs, at the center of the criminal process. The most important thing juries do in criminal cases is authorize state punishment. But today, when a jury returns a guilty verdict, it authorizes punishment without any idea …

How International Justice Can Succeed In Ukraine And Beyond, Leila Nadya Sadat, Christopher Hale

Scholarship@WashULaw

Depictions of gruesome and heartbreaking mass atrocities resulting from Russia’s invasion of Ukraine have injected discussions of war crimes trials into common discourse the world over. World leaders and government spokespersons in major capitols now field a steady stream of media questions on how crimes in Ukraine will be confronted. An unprecedented number of States Parties (41) of the International Criminal Court (ICC) referred the crimes in Ukraine to the ICC Prosecutor for investigation, and a video statement from the last living prosecutor of the Nuremberg era, 102-year-old Ben Ferencz, was played at one of the most-watched United Nations …

Personality Assessment Inventory Predictors Of Parole For Adults Who Committed Murder As Juveniles, Karlie Rice

Psychology Theses

Previously juveniles as young as 14 guilty of murder were eligible to be sentenced to life without the possibility of parole. However, the decision of Miller v. Alabama (2012) declared mandatory life without the possibility of parole (LWOP) unconstitutional. Juveniles sentenced to LWOP were now able to be either resentenced or eligible for possible parole. The current study examined which scales on the Personality Assessment Inventory (PAI) predict parole outcomes for adult men seeking parole who committed murder when they were juveniles and sentenced to LWOP. The PAI is a 344-item self-report assessment comprised of validity, clinical, interpersonal and treatment …

Assessing The Detectability Of Cannabinoid Analogs (Delta-8 Thc, Delta-10 Thc And Cbd) And Their Major Metabolites In Six Commercial Cannabinoid Urine Screening Kits, Ashley A. Pokhai

Master of Science in Forensic Science Directed Research Projects

Background:

There has been an exponential surge in the presence and use of cannabinoids since the federal legalization of hemp (Agricultural Improvement Act of 2018), which involves the legalization of medical use, adult recreational use, and decriminalization of cannabis in several states. This growth is not only attributed to ∆9-tetrahydrocannabinol (∆9-THC) and cannabidiol (CBD), the most abundant phytocannabinoid components of cannabis and hemp, respectively, but with many other emerging THC analogs. Structurally, these analogs are similar to ∆9-THC, yet very little information is available about their potency and even less information is available regarding their detectability using commercially available cannabinoid …

The Amorphous Nature Of Hackers: An Exploratory Study, Kento Yasuhara, Daniel Walnycky, Ibrahim Baggili, Ahmed Alhishwan

Annual ADFSL Conference on Digital Forensics, Security and Law

In this work, we aim to better understand outsider perspectives of the hacker community through a series of situation based survey questions. By doing this, we hope to gain insight into the overall reputation of hackers from participants in a wide range of technical and non-technical backgrounds. This is important to digital forensics since convicted hackers will be tried by people, each with their own perception of who hackers are. Do cyber crimes and national security issues negatively affect people’s perceptions of hackers? Does hacktivism and information warfare positively affect people’s perception of hackers? Do individual personality factors affect one’s …

The Implications Of A Militarized Police Force In The United States, Nhat Dang

Themis: Research Journal of Justice Studies and Forensic Science

The police model in America is slowly changing. From the early days of America, the police were modeled after the London Metropolitan Police. Over time, this has changed from a civilian police model into a more militaristic one. Police militarization in America can be traced to the implementation of the 1033 program, which granted local law enforcement agencies surplus military equipment such as weapons, surveillance gadgets, and armored vehicles. This research paper examines the effects of increasing police militarization on public perception and public trust of police.

The Lasting Impact Of Deinstitutionalization: Policing And The Mental Health Crisis, Ruqayyah Sorathia

Themis: Research Journal of Justice Studies and Forensic Science

Society is combating the detrimental effects of the deinstitutionalization policy, which transferred the treatment of mentally ill patients from state-run psychiatric hospitals to community-run psychiatric facilities. These patients frequently fall into relapses and are more likely to experience risky encounters with law enforcement officials who have no formal training in dealing with them. The paper analyzes the criminalization of mentally ill people, many with substance abuse and alcohol addictions, receiving treatment in jails and state prisons. Incarcerating people with mental illness, though reducing the homeless population from the street and disturbances faced by the public, still does not address the …

Justice In Hybrid-Democracy: Blood Feuds And Albania Post Communism, Isabella Mahan

Themis: Research Journal of Justice Studies and Forensic Science

In 1991, Albania shifted from severe communist rule to a regime claiming to be democratic. However, to this day, Albania maintains undemocratic elements. This paper analyzes the impact of hybrid state capacity in the context of state-led justice and the implications for citizen compliance. Albanian culture possesses a deep history of reliance on Kanun and traditional justice in conjunction with the state's inconsistency and unreliability. It further establishes the disconnect between people and the state. Despite attempts to progress towards modernity, traditions of blood feuds reemerged with the movement away from communism. The failure to properly transition from authoritarianism to …

Internal Validation Of Mastr™ Probabilistic Genotyping Software For The Interpretation Of 2–5 Person Mixed Dna Profiles, Michael S. Adamowicz, Taylor N. Rambo, Jennifer L. Clarke

Forensic Science: Faculty Publications

Mixed human deoxyribonucleic acid (DNA) samples present one of the most challenging pieces of evidence that a forensic analyst can encounter. When multiple contributors, stochastic amplification, and allele drop-out further complicate the mixture profile, interpretation by hand becomes unreliable and statistical analysis problematic. Probabilistic genotyping software has provided a tool to address complex mixture interpretation and provide likelihood ratios for defined sets of propositions. The MaSTR™ software is a fully continuous probabilistic system that considers a wide range of STR profile data to provide likelihood ratios on DNA mixtures. Mixtures with two to five contributors and a range of component …

Divest Or Disband?: A Social Problems Game Analysis Of Canadian Media Coverage Of 2020'S Defund The Police Movement, Nicholas Fappiano

Theses and Dissertations (Comprehensive)

Policing in Canada and America has come under the microscope due to several high-profile incidents of police violence against racialized citizens. The murder of George Floyd by officer Derek Chauvin thrust the concept of ‘defund the police’ to the mainstream public dialogue. To date, there are few studies that explore what defund the police means. The present media analysis addresses this research gap by analyzing how Canadian mass media covered the defund police movement. A social constructionist theoretical framework was utilized to analyze 109 newspaper articles on defund the police from The Toronto Star and The Globe and Mail. The …

Grassroots Approach Of Embracing Survivors To Inform The Fight Against Human Trafficking, Christina S. Bentch, Gordon A. Crews

Criminal Justice Faculty Publications

When human trafficking survivors work as “informants and advocates,” they keep systems trying to end this horrific crime honest and open to receiving new input. Grassroots approaches can inform many of the systems survivors pass through to improve or add to policies and procedures. Survivors can reveal new dynamics of transnational criminal networks and the development of new indicators and typologies in several systems. The systems discussed in this chapter will highlight the benefits and barriers to approaching an anti-trafficking agenda through a systems theory lens. The authors suggest ways to amend the limitations of these current systems by utilizing …