Digital Commons Network^™

Prison Siting In Appalachia: Carceral Expansion, Neoliberalism, And Environmental Harm, Macey Logan Hall

Online Theses and Dissertations

Since 1991, 14 state and federal prisons have been built in Appalachia with a recent proposal for a federal prison to be constructed in Letcher County, KY. Contradicting the narrative that Appalachia remains separated from the national economy, the ills of carceral growth are apparent throughout the region. This study examines the proposal to build a federal prison in Letcher County, KY. The purpose of this study is to gain further insight into the impact that the carceral state, including its promise of economic development, has on environmental harm and land exploitation in the region. The proposed federal prison would …

Testing The Marshall Hypothesis: A Survey Among Justice And Safety College Students, Kimberly Alice Barrett

Online Theses and Dissertations

In his concurrence with the Supreme Court ruling in Furman v. Georgia (1972), Justice Thurgood Marshall postulated that levels of support for capital punishment are associated with the amount of knowledge about the death penalty process. He suggested that exposure to information about capital punishment produces sentiments in opposition to capital punishment except in instances for which support is based on retributive beliefs. These notions have become known as the Marshall Hypothesis and have been empirically tested among a variety of populations. The research presented in this thesis adds to that body of literature by testing these ideas among a …

Pacifying The Visual: Police Reform And The Promise Of Body Worn Cameras, Ivan Benitez

Online Theses and Dissertations

Reform is a political tool, long used to ensure the continuation of specific police practices and the police institution itself. Promising increased transparency and accountability and hence legitimacy, Body Worn Cameras (BWC) purport to show the facts of police work and critical incidents precisely as they happened. Invoking and relying upon the objective truth of the image, policy makers, academics and some police themselves see BWCs both as a panacea to arrest police misconduct and a way to guard against spurious allegations. However, placing them in the long history of police reform, BWCs are also usefully understood as a form …

'Savages','Animals' And 'Criminals':Capitalism, Racial Threat And The U.S Long War On Immigration, Rossana Alejandra Diaz

Online Theses and Dissertations

From mass shootings targeting specific ethnic, racial and religious communities to detention centers for immigrant children, it is imperative to ask of such violent contemporary phenomena: "how did we get here? How is this possible in a place like the United States?" The purpose of this study is to begin to address such questions by analyzing the historical legacy of dehumanizing narratives towards immigrants, and by querying how that history may shape and inform contemporary manifestations, illustrated by the rhetoric stemming from the Trump administration. Examining examples of such rhetoric through ethnographic content analysis of President Trump’s speeches and social …

Serial Killers In Popular Media: A Content Analysis Of Sensationalism And Support For Capital Punishment, April Nicole Pace

Online Theses and Dissertations

Serial murder has been a popular media phenomenon across the United States since the 1980s, and media representations of serial killers may significantly influence public opinion as well as impact capital punishment policies. This content analysis examined the portrayal of one dozen different serial killers using 120 online media reports which included articles published between the 1970s to present day. Results of the analysis showed serial killers were often sensationalized and portrayed in biased ways by popular media, with little attention afforded to academic theories. Support for capital punishment was also prevalent. These findings have implications for policy makers seeking …

Challenges To Legal Education, Clinical Legal Education, And Clinical Scholarship, Peter A. Joy

Scholarship@WashULaw

This essay analyzes the challenges to legal education and what those challenges may mean both to clinical legal education and to clinical scholarship. Since the Great Recession, several law schools have closed, some have merged, and still other law schools approved by the American Bar Association (ABA) have been found out of compliance with ABA Accreditation Standards and either have been directed to take specific remedial action, have been placed on probation, or have lost ABA-approval. While enrollment has rebounded at some law schools, other law schools have continued to experience much smaller entering classes than the entering class in …

Judges' Misuse Of Contempt In Criminal Cases And Limits Of Advocacy, Peter A. Joy

Scholarship@WashULaw

This article examines the conduct of Judge Julius Hoffman and the defense lawyers, William Kunztler and Leonard Weinglas, in the Chicago Eight Trial. The article presents lessons from the Chicago Eight Trial about the limits of a judge's contempt authority against defense lawyers in criminal matters, and how far a defense lawyer may go in advocating for a client without being liable for contempt of court.

Corporate Stewardship, Danielle D'Onfro

Scholarship@WashULaw

Harnessing strategies both ancient and modern — hostages, surety, gatekeepers, and blame — this Article proposes a new tool for achieving more efficient corporate compliance. It begins with the premise that a handful of well-known factors, including agency costs, misaligned time-horizons, cognitive biases, and insufficiently deterrent legal regimes sometimes cause companies to ignore important public safety obligations even when those obligations are cost-effective and welfare-maximizing. The result is systemic undercompliance with certain regulatory obligations. Despite the seriousness of this problem, currently available options for motivating compliance mostly fail to make public-safety regulations sufficiently salient to the individuals who perform the …

Immigrant Sanctuary As The 'Old Normal': A Brief History Of Police Federalism, Trevor George Gardner

Scholarship@WashULaw

Three successive presidential administrations have opposed immigrant sanctuary policy, at various intervals characterizing state and local government restrictions on police participation in federal immigration enforcement as reckless, aberrant, and unpatriotic. This Article finds these claims to be ahistorical in light of the long and singular history of a field this Article identifies as “police federalism.” For nearly all of U.S. history, Americans within and outside of the political and juridical fields flatly rejected federal policies that would make state and local police subordinate to the federal executive. Drawing from Bourdieusian social theory, this Article conceptualizes the sentiment driving this longstanding …

Right At Home: Modeling Sub-Federal Resistance As Criminal Justice Reform, Trevor George Gardner

Scholarship@WashULaw

Over the past two decades, state and local governments have crippled the federal war on marijuana as well as a series of federal initiatives designed to enforce federal immigration law through city and county police departments. This Article characterizes these and similar events as sub-federal government resistance in service of criminal justice reform. In keeping with recent sub-federal criminal reform movements, it prescribes a process model of reform consisting of four stages: enforcement abstinence, enforcement nullification, mimicry, and enforcement abolition. The state and local governments that pass through each of these stages can frustrate the enforcement of federal criminal law …

A Practitioner Survey Exploring The Value Of Forensic Tools, Ai, Filtering, & Safer Presentation For Investigating Child Sexual Abuse Material, Laura Sanchez, Cinthya Grajeda, Ibrahim Baggili, Cory Hall

Electrical & Computer Engineering and Computer Science Faculty Publications

For those investigating cases of Child Sexual Abuse Material (CSAM), there is the potential harm of experiencing trauma after illicit content exposure over a period of time. Research has shown that those working on such cases can experience psychological distress. As a result, there has been a greater effort to create and implement technologies that reduce exposure to CSAM. However, not much work has explored gathering insight regarding the functionality, effectiveness, accuracy, and importance of digital forensic tools and data science technologies from practitioners who use them. This study focused specifically on examining the value practitioners give to the tools …

Evidence-Based Practice In Offender Programming: An Examination Of The Crimesolutions.Gov Registry, Mckenzie L. Jossie

UNF Graduate Theses and Dissertations

Offender reentry, felony declassification, and the opioids epidemic have led to quick and widespread implementation of substance abuse and mental health treatment programming in justice settings. This tremendous increase in offender treatment programming has outpaced applied research on program quality and treatment efficacy. This study examined whether designated evidence-based practices are actually delivered in funded treatment initiatives. Secondary data was utilized from the National Institute of Justice’s CrimeSolutions.gov, a national evidence-based practice and program registry. A content analysis methodology examined CrimeSolutions.gov program profiles and topical refereed literature through systematic analysis of five offender treatment evidence-based practices (actuarial screening, co-occurring disorders …

Violence Is As American As Cherry Pie: Mass Incarceration And Juvenile Violence, Stephen C. Stanko, Gordon A. Crews

Criminal Justice Faculty Publications

The purpose of this chapter is to offer “food for thought” regarding an under researched area of juvenile violence causation: the possible connection between steadily increasing incarceration rates and steadily increasing incidents of school violence. Unfortunately, the negative, and sometimes violent, traits individuals develop while incarcerated are often brought out into their lives in society and personal lives, which often involve the raising of children. Research has documented the impacts that being incarcerated can have upon an individual. There is growing research supporting that these newly developed traits and behaviors can easily be imbedded in the children in which they …

Sex, Drugs, And Rock 'N' Roll: What Shall We Ban Next?, Gordon A. Crews, Samantha Leigh Crews

Criminal Justice Faculty Publications

Music, literature, movies, and all forms of entertainment play an important role in the socialization of adolescents. Present everywhere and easily available, this allows children almost limitless access to questionable entertainment alone or with friends. Parents are unaware of the content of what their children are absorbing because of the use of downloaded music, videos, and literature, and the use of headphones. Research on popular culture/entertainment has explored its effects on schoolwork, social interactions, and particularly behavior. Lyrics have become more explicit in their references to drugs, sex, and violence over the years, particularly in certain genres. And, in turn, …

Federal Offices Of Inspectors General: The Relationship Between Per Capita Staffing Levels And Performance Results, Craig Yuen

Theses and Dissertations

Each year, the federal government spends trillions of dollars on operations and in awarding contracts, grants, loans, and other forms of financial assistance. Federal Offices of Inspectors General (OIGs) are charged with auditing and investigating fraud, waste, abuse, and misconduct affecting the government. There are 73 such OIGs – 40 of which have law enforcement authority and oversight responsibilities for a parent agency – and each is a separate organization with varying staffing levels and performance results. This study examined, on a per capita level, the relationship between staffing levels and performance results (criminal charges filed, financial recoveries, and questioned …

Law Enforcement Officer Body-Worn Camera Perceptions: Pre And Post Deployment, Benjamin Aaron Straight

Theses and Dissertations

The 2014 fatal police shooting of Michael Brown resulted in (a) a national outcry for police departments to deploy body-worn cameras; and (b) community members and politicians demanding more transparency in the governmental administration of police work. Despite the increased media attention and deployment of body-worn cameras, there is little research on how law enforcement officers perceive body-worn cameras.

The Miami-Dade Police Department implemented a mandatory body-worn camera program on April 20, 2016. The department agreed to a partnership to conduct research on their officers' body-worn camera perceptions. The department internally distributed an electronic survey to 3,313 sworn officers and …

Social Cohesion Among Individuals Participating In Re-Entry Groups, Todd Reiser

Open Access Theses & Dissertations

When prisoners are released from incarceration they enter a social landscape that holds unique challenges. One of the ways humans living within social systems understand their place and role is through the mechanism of religion. This study investigates how group religious practice establishes a shared worldview among those recently released from prison; a worldview that promotes the creation of positive social cohesion which contribute to life improvements, social mobility, and social status changes. "Social networks may include friendship circles in local congregations, scripture study groups and relationships with religious leaders who serve as role models for individuals" (Kerley et al …

Required, Permissible, And Impermissible Forms Of Federal Judicial Assistance To Self-Represented Litigants: Toward Establishment Of A Judicial Duty Of Reasonable Assistance, Jona Goldschmidt

Criminal Justice & Criminology: Faculty Publications & Other Works

In an effort to assist the judiciary in navigating the seemingly mixed messages coming from the Supreme Court, this paper reviews federal Circuit Court of Appeals case law which discusses required, permissible, and impermissible forms of judicial assistance to SRLs.

Gun Control: The Gun Violence Epidemic In The U.S., Anna Koduru

Williams Honors College, Honors Research Projects

While holding almost half of all civilian-owned guns around the globe and yet only 4.4 percent of the world’s population, the United States of America is heavily centered around gun rights due to the 2nd amendment in the U.S. Constitution. But gun violence is on the rise as deaths due to gun violence are at its highest rate in nearly 40 years. Americans are divided amongst themselves when it comes to how we must approach this issue. In order to reduce gun violence in the U.S., both Republican and Democrat leaders must come together and make bipartisan moves to implement …

Federally Funded Slaving, Rafael I. Pardo

Scholarship@WashULaw

This Article presents a new frame of reference for thinking about the federal government’s complicity in supporting the domestic slave trade in the antebellum United States. While scholars have accounted for several methods of such support, they have failed to consider how federal bankruptcy legislation during the 1840s functionally created a system of direct financial grants to slave traders in the form of debt discharges. Relying on a variety of primary sources, including manuscript court records that have not been systematically analyzed by any published scholarship, this Article shows how the Bankruptcy Act of 1841 enabled severely indebted slave traders …

Mens Rea Reform And Iis Discontents, Benjamin Levin

Scholarship@WashULaw

This article examines the debates over recent proposals for “mens rea reform.” The substantive criminal law has expanded dramatically, and legislators have criminalized a great deal of common conduct. Often, new criminal laws do not require that defendants know they are acting unlawfully. Mens rea reform proposals seek to address the problems of overcriminalization and unintentional offending by increasing the burden on prosecutors to prove a defendant’s culpable mental state. These proposals have been a staple of conservative-backed bills on criminal justice reform. Many on the left remain skeptical of mens rea reform and view it as a deregulatory vehicle …

Media Effects And Criminal Profiling: How Fiction Influences Perception And Profile Accuracy, Asha Bolton

Theses and Dissertations

The objective of this dissertation was to investigate whether media and fictional information that is observed daily can influence perception to build a criminal psychological profile. Staggering between a distinguished art and science, the term profiling has been known by several different names – including criminal profiling, psychological profiling, offender profiling and more. Bandura (2009) believed that exposure to television and other media feeds into a socially constructed reality, where the audience is inevitably influenced by the beliefs and cognitions of observed media. The researcher believed that exposure to media can either influence criminal profiling and investigations with increasing accuracy …

The Deaf & Law Enforcement Listening Though Deaf Eyes: A Grounded Theory Approach, John L. Garner

Theses and Dissertations

This paper examines the perceived and practical schism between deaf society and the police when the deaf attempt to obtain police services. The paper challenges current police culture and operating procedures, which tend to marginalize deaf society and largely ignore the mandates contained in the Americans with Disabilities Act (ADA). This qualitative research project is focused upon perceived law enforcement practices and culture through a multi-layered study of police customs, law, policy, and standard operating procedures as experienced, perceived, and reported by deaf individuals.

A constructivist grounded theory approach was used to examine the way law enforcement is perceived by …

Prisoner, Prison And Situational Characteristics And Their Relationship With The Prevalence, Incidence And Type Of Prison Offending Recorded By A Sample Of Prisoners Within Western Australian Prisons, Catharine Phillips

Theses: Doctorates and Masters

The importance that researchers and prison administrators have placed on ensuring that the good governance, security and safety of prisons are maintained has generated a number of studies of prison offending. Previous studies have identified several prisoner, prison and situational characteristics as relevant in regard to their relationship with the prevalence, incidence and type of prison offences committed. However, no studies have been conducted in Australia, and therefore no studies have included Aboriginal prisoners in their prisoner samples. In addition, the differences in regard to legislation pertaining to prison offending between jurisdictions is also of importance when considering the generalisability …

Effects Of Mental Health Programs On School Violence, Lillian R. Gray

College of Graduate Studies: Theses & Dissertations

Bullying, defined as any unwanted aggressive behavior(s) by another youth or group of youths who are not siblings or current dating partners that involves an observed or perceived power imbalance and is repeated multiple times or is highly likely to be repeated, is becoming an epidemic in our schools, with rates of victimization rising (Donegan, 2012). This thesis examines mental health programs already established within schools, as well as schools where students do not have access to mental health resources and compares the amount of violence that is perpetrated within these schools. Next, this study explores the relationship between bullying …

The Long Wait For An Improbable Death: A Look At Delays In Executions In Kansas And Possible Reforms To Capital Punishment, Amy M. Memmer, Melanie K. Worsley, Brenda I. Rowe

Criminology and Criminal Justice Faculty Publications (Archived)

This article uses Kansas as a case study to show how in Kansas, as in many other states in the United States, the execution of a death sentence is so improbable, and the delays that precede it so extraordinary, that any arguable deterrent or retributive effect capital punishment might once have had has been severely diminished. This article considers possible reforms to the capital punishment system aimed at reducing the delay between sentencing and execution, and the risks that would accompany those reforms. This article also considers whether capital punishment should still be considered a viable option for states in …

Does Insider Trading Pay? An Analysis Of Trading And Tipping Activities In Insider Trading Litigation, Aneta Spaic, Claire Nolasco, Lily Chi-Fang Tsai, Michael S. Vaughn

Criminology and Criminal Justice Faculty Publications (Archived)

Purpose

This paper analyzes trading and tipping activities in insider trading litigation decided by federal courts from January 1, 2012 to December 31, 2014.

Design/methodology/approach

Legal documents from the US Securities and Exchange Commission, LexisNexis and Westlaw databases were coded to determine profile, patterns of trading and settlement outcomes.

Findings

Results of statistical analysis indicate that a defendant in both civil and criminal cases is more likely to trade on the information when he/she receives a direct, financial benefit from breaching his/her duty of confidentiality. The defendant tipper is also more likely to pass on the information to a close …

Technologically Distorted Conceptions Of Punishment, Jessica M. Eaglin

Articles by Maurer Faculty

Much recent work in academic literature and policy discussions suggests that the proliferation of actuarial — meaning statistical — assessments of a defendant’s recidivism risk in state sentencing structures is problematic. Yet scholars and policymakers focus on changes in technology over time while ignoring the effects of these tools on society. This Article shifts the focus away from technology to society in order to reframe debates. It asserts that sentencing technologies subtly change key social concepts that shape punishment and society. These same conceptual transformations preserve problematic features of the sociohistorical phenomenon of mass incarceration. By connecting technological interventions and …

Hate Crimes And Discrimination Against Jews: The Anti-Semitism Phenomenon In The 21st Century, Jon Zemke

Theses and Dissertations

Hate Crimes and Discrimination against Jews: The Anti-Semitism Phenomenon in the 21st Century. Jonathon Zemke, 2018: Applied Dissertation, Nova Southeastern University, Abraham S. Fischler College of Education. The purpose of this study is to compare the perceptions and opinions of Jewish and non-Jewish adult in Virginia Beach, Virginia regarding Jewish hate crimes, discrimination, the safety of the Jewish population, and general beliefs about the Jewish faith. The study set out to provide an evaluation of opinions regarding hate crimes, discrimination, personal safety, and anti-Semitic propensities among the Jewish population (n=77, 45.29%) compared to the non-Jewish respondents (n=93, 54.71%) examined in …

A Multiple Case-Study Approach To Examine Police Officers Perceptions On Narcan® Policies, Casey Gnann

Theses and Dissertations

In October 2017, President Trump officially declared the opioid epidemic to be a public health emergency. Reports from the CDC indicate that over 140 Americans die per day as a result of an opioid overdose (NPR, 2017). This statistic alone highlights the tragic effects of the current opioid climate. To date, an abundance of research has been conducted on opioid addicts, family members, doctors approach to addiction, etc. However, there is a gap in the research regarding law enforcement officers and their ever-changing role in the fight against opioids. As the opioid epidemic has continued to worsen, many law enforcement …