Digital Commons Network^™

Compensating Exonerees In The United States, Brandon L. Garrett, Luke Mears

Faculty Scholarship

No abstract provided.

Liberty, Safety, And Misdemeanor Bail, Brandon L. Garrett, Sandra Guerra Thompson, Dottie Carmichael, David Shi, Songman Kang

Faculty Scholarship

The highest volume of cases in the U.S. criminal system are misdemeanors, and every day, hundreds of thousands of people are detained pretrial in such low-level cases. In policy and in politics, pretrial rules have swung between a focus on protecting constitutional rights and the public safety dangers posed by releasing arrestees. The Supreme Court’s ruling in United States v. Salerno sought to promote a balance between protecting individual due process rights and public safety interests. A central constitutional and pressing policy question is what trade-off exists between pretrial liberty and reoffending. The highest profile jurisdiction to examine that question …

Evaluating Pre-Trial Programs Using Interpretable Machine Learning Matching Algorithms For Causal Inference, Travis Seale-Carlisle, Saksham Jain, Courtney Lee, Caroline Levenson, Swathi Ramprasad, Brandon Garrett, Sudeepa Roy, Cynthia Rudin, Alexander Volfovsky

Faculty Scholarship

After a person is arrested and charged with a crime, they may be released on bail and required to participate in a community supervision program while awaiting trial. These ‘pretrial programs’ are common throughout the United States, but very little research has demonstrated their effectiveness. Researchers have emphasized the need for more rigorous program evaluation methods, which we introduce in this article. We describe a program evaluation pipeline that uses recent interpretable machine learning techniques for observational causal inference, and demonstrate these techniques in a study of a pre-trial program in Durham, North Carolina. Our findings show no evidence that …

Judging Firearms Evidence, Brandon L. Garrett, Eric Tucker, Nicholas Scurich

Faculty Scholarship

Firearms violence results in hundreds of thousands of criminal investigations each year. To try to identify a culprit, firearms examiners seek to link fired shell casings or bullets from crime scene evidence to a particular firearm. The underlying assumption is that firearms impart unique marks on bullets and cartridge cases, and that trained examiners can identify these marks to determine which were fired by the same gun. For over a hundred years, firearms examiners have testified that they can conclusively identify the source of a bullet or cartridge case. In recent years, however, research scientists have called into question the …

The New Straightjackets: How Prisons Have Come To Be The Mental Illness Solution, Parker A. Wolfe

Soaring: A Journal of Undergraduate Research

This paper examines the current mental health resources that are available in prisons, as well as the correlation between deinstitutionalization and the rise of individuals struggling with mental illness within prison walls.

An Overview Of Youth Crime And Violence In The Caribbean Community (Caricom), Marika Dawkins-Cavazos

Criminal Justice Faculty Publications

No abstract provided.

Crj 63 - An Introuction To The Criminal Justice System, Grace Trotman

Open Educational Resources

This course provides a study of the elements that comprise the criminal justice system: the police, courts, and corrections. Attention is given to civil liberties issues, which involve the procedural due process rights of criminally accused persons. Students undertake an intellectual journey through the criminal justice system to fortify their knowledge of the law and protections guaranteed under the Bill of Rights as they apply to the agencies that comprise the criminal justice system.

The Devil In The Details: Sex Work Legalization, Sexual Violence, And Moral Subjectivity, Molly Hauf

Departmental Honors Projects

Prostitution legislation has re-emerged in public and academic discourse in recent decades after relative silence on the issue since the mid-twentieth century, spurred by Sweden’s adoption of prostitution decriminalization - the first known legislation criminalizing the buyers of sex (rather than the sellers) to be actualized in legislation. Since then, scholarship examining the population-level effects of such legal changes has found evidence that changes in legislation affect rates of sexual violence, although the causal credibility and generalizability of some of this scholarship is disputed. Additionally, much of the previous scholarship examining this question used relatively small sample sizes that include …

Predictors Of Identity Crime Victimization Of Adolescent Youth In Foster Care, John Gyourko, Greg Ridgeway

Department of Social Work - Faculty Scholarship

Identity crimes pose serious risks and challenges for youth in foster care. As young people move through various out-of-home placements and schools, their personal data are often widely disseminated, difficult to secure, and thus vulnerable to theft and misuse. When they transition from foster care to adulthood, identity crime victims with compromised credit histories may be denied loans, employment, and/or housing during the already-precarious period of emerging adulthood. Even though federal law requires state child welfare agencies to conduct annual credit checks for adolescent youth in foster care, little is known about the factors contributing to risk of identity crime …

False Accuracy In Criminal Trials: The Limits And Costs Of Cross Examination, Lisa Kern Griffin

Faculty Scholarship

According to the popular culture of criminal trials, skillful cross-examination can reveal the whole “truth” of what happened. In a climactic scene, defense counsel will expose a lying accuser, clear up the statements of a confused eyewitness, or surface the incentives and biases in testimony. Constitutional precedents, evidence theory, and trial procedures all reflect a similar aspiration—that cross-examination performs lie detection and thereby helps to produce accurate outcomes. Although conceptualized as a protection for defendants, cross-examination imposes some unexplored costs on them. Because it focuses on the physical presence of a witness, the current law of confrontation suggests that an …

Regulatory Monitoring In The Information Economy, Brenda Dvoskin

Scholarship@WashULaw

The administrative state is inadequately structured to define and implement public values related to the design and operation of digital architectures, systems, and processes. The Reimagining the Governance Stack Project at Georgetown Law is a long-term, full-stack effort to reinvent the administrative state so that it is capable of governing the information economy in accordance with public priorities. This first concept paper focuses on regulatory monitoring capacities. Agencies need new tools to monitor compliance with existing public mandates and understand the information economy in order to develop new and more effective regulation.

Speaking Back To Sexual Privacy Invasions, Brenda Dvoskin

Scholarship@WashULaw

Many big players in the internet ecosystem do not like hosting sexual expression. They often justify these bans as a protection of sexual privacy. For example, Meta states that it removes sexual imagery to prevent the nonconsensual distribution of sexual images. In response, this Article argues that banning digital sexual expression is counterproductive if the aim is to alleviate the harms inflicted by sexual privacy losses.

Contemporary sexual privacy theory, however, lacks analytical tools to explain why nudity bans harm the interests they intend to protect. This Article aims at building those tools. The main contribution is an invitation to …

Police Diversity Theory, Trevor George Gardner

Scholarship@WashULaw

In light of both the tragic death of Tyre Nichols in Memphis at the hands of Black police officers and the mixed results of studies of Black same-race policing, this Article proposes a conceptual framework by which to better understand the utility of police diversity. The framework maps the relational possibilities among three factors: (i) the Black officer’s approach to same-race policing; (ii) the Black officer’s performance in the context of same-race policing; and (iii) the policing priorities of the Black communities the Black officer is taken to represent.

Responsive to the conceptual framework for police diversity theory, the Article …

Criminal Law Minimalisms, Benjamin Levin

Scholarship@WashULaw

What is criminal law minimalism? At first blush, it appears to be the sober and sensible cousin of abolition. Where the language of abolition is radical and absolute, the language of minimalism speaks to moderation, pragmatism, and nuance. While I appreciate calls for nuance, I’m not sure that minimalism offers the clarity it promises or answers the hard questions about how to address the ills of the U.S. criminal system.

As a theory or label, minimalism raises two major questions: (1) a question of scope; and (2) a question of scale. On the question of scope, what exactly should be …

Overcoming The Effects Of Oily Contaminants On Dna Extraction Efficiency Using Dna Iq™ System, Elizabeth G. Gillece

Master of Science in Forensic Science Directed Research Projects

In forensic science DNA extraction and purification are crucial to DNA analysis as evidentiary items vary in DNA quantity and quality. In casework the goal to is maximize DNA yield, remove PCR inhibitors, and develop a full profile while preserving evidence. Extraction methods are developed to target the DNA for optimal isolation. Solid-phase extraction is advantageous as it can extract DNA from a variety of tissue types, it is amenable to automation, and it provides quick and efficient purification of DNA. Solid-phase extraction methods may have complications with contaminants that hinder the quantity and quality of the DNA recovered. In …

Quantitation And Visualization Of Epithelial Cells On Cartridge Cases, Paige Kibler, Christopher Ehrhardt, Katherine M. Philpott, Jody H. West, Stephanie Walcott

Master of Science in Forensic Science Directed Research Projects

Fired cartridge cases are a common type of evidence submitted to forensic DNA profiling but are challenging to analyze because they usually contain only trace amounts of biological material. As such, there is a significant need in caseworking units for new screening techniques to determine if biological material is present and is in high enough quantity to attempt DNA profiling. The goal of this study was to test a new method for quickly visualizing biological material on cartridge cases. Biological deposits were created by handling fired and unfired cartridge cases through a series of conditions. The biological material was collected …

Exploring Evidence-Based Intervention Methods In The Juvenile Justice System, Edgar J. Quinones-Gomez

Honors Undergraduate Theses

A large body of research has been devoted to understanding evidence-based interventions (EBI) and their effectiveness in the juvenile justice system. This systematic review examines three commonly used interventions used to reduce recidivism among adolescents involved in the juvenile justice system: Cognitive-Behavioral Therapy (CBT), Functional Family Therapy (FFT), and Multisystemic Therapy (MST). The systematic review analyzes findings from prior studies evaluating the impact of CBT, FFT, and MST on recidivism among adjudicated youth. The sample includes 23 peer-reviewed studies that utilized samples of adjudicated youth in the United States and were published after 2010. Findings revealed CBT as the most …

Empirical Examination Of Factors That Influence Official Decisions In Criminal Cases Against Police Officers, Francis D. Boateng, Daniel K. Pryce, Michael K. Dzordzormenyoh, Ming-Li Hsieh, Alan Cuff

Sociology & Criminal Justice Faculty Publications

In the current paper, we examine departmental and court decision-making in criminal cases against police officers. The study has two objectives: 1) to examine variables that impact departmental decisions in criminal cases against police officers, and 2) to examine factors that affect case disposition/conviction decisions by the courts. To achieve these objectives, we analyzed nationally representative arrest data using multiple statistical approaches. The results obtained revealed important patterns that are critical to our understanding of how the courts and police departments decide matters relating to police criminality. For instance, victim characteristics significantly influenced decision-making by both the police agency and …

Exploring Mental Health Stigma Among Law Enforcement Officers, Nicholas David Chestnut

Theses and Dissertations

This applied dissertation investigates the prevalence and impact of mental health stigma among law enforcement officers (LEOs) in the United States. Despite growing awareness of the importance of mental health in the law enforcement community, stigma surrounding mental illness remains a significant barrier to help-seeking behaviors among officers. The study employed a research design that examined attitudes, perceptions, and experiences related to mental health stigma among LEOs.

Through online self-assessment surveys administered via a secure portal, participants provided insights into their attitudes toward mental illness, perceptions of stigma, and willingness to seek help for mental health concerns.

Data analysis revealed …

Redistributing Justice, Benjamin Levin, Kate Levine

Scholarship@WashULaw

This article surfaces an obstacle to decarceration hiding in plain sight: progressives’ continued support for the carceral system. Despite increasingly prevalent critiques of criminal law from progressives, there hardly is a consensus on the left in opposition to the carceral state. Many left-leaning academics and activists who may critique the criminal system writ large remain enthusiastic about criminal law in certain areas—often areas where defendants are imagined as powerful and victims as particularly vulnerable. In this article, we offer a novel theory for what animates the seemingly conflicted attitude among progressives toward criminal punishment—the hope that the criminal system can …

The Effects Of Confession Evidence And Defendant Race On Juror Perceptions, Victoria E. Dodge

Antioch University Dissertations & Theses

Confession evidence continues to be one of the most persuasive, incriminating forms of evidence presented during a criminal trial (Kassin & Gudjonsson, 2004; Leo, 2009). Research suggests that jurors may also be influenced by extra-legal factors, such as personal characteristics of the defendant (e.g., the defendant’s race; D.J. Devine & Caughlin, 2014; Pickel et al., 2013; Sommers & Ellsworth, 2000). Research investigating the effect of race on juror perceptions has yielded mixed results. Some research has found that White jurors discriminate against defendants belonging to a racial minority while other research identifies a phenomenon referred to as the watchdog hypothesis …

The Lived Experience Of African American Women Leaders In Georgia Law Enforcement: Advances, Barriers, And Impact On Performance, Juantisa X. Hughes

Antioch University Dissertations & Theses

Law enforcement is a male-dominated field that has been slow to accept and promote African American women to positions of authority. As of 2016, there were only 3.1% Lieutenants and Sergeants, along with 1.6% Captains or higher that were African American women in the United States (Gomez, 2016). More recently, there has not been much change, as women are reportedly only 12% of the sworn officers and 3% of law enforcement leadership in the United States (Tumulty, 2023). Of that number, only 1% of African American women hold the position of Lieutenant or higher (Bureau of Alcohol, Tobacco, Firearms and …

Mainstream Media Portrayal Of Banishment And Nation-Imposed Punishment, Keely Ormond

Theses and Dissertations (Comprehensive)

“In a traditional village, we wouldn’t have a teepee with no door on it and throw somebody in there. We wouldn’t cast them out, because banishment meant death. What we had to do was restore relationships” – Ryan Beardy (Thorpe, 2022).

The following project examines the representation of Indigenous traditions, customs, and issues in Canadian mainstream media. Specifically, this project is interested in the portrayal of banishment as an Indigenous practice in Canadian mainstream news outlets. This project is based on an interpretive paradigm informed by grounded theory and concepts of media framing, postcolonialism, settler colonialism and restorative justice. Nineteen …

Recidivism Outcomes For Young People Who Have Committed A Sexual Offence And Received Treatment: A Systematic Narrative Review Of Studies Conducted In Australia And New Zealand, James L. Finney, Natalie Gately, Suzanne Rock

Research outputs 2022 to 2026

Young people who have committed a sexual offence present unique and serious challenges to the criminal justice systems of Australia and New Zealand. To understand the current state of existing literature, we systematically collated and critically appraised studies using narrative synthesis, examining the recidivism outcomes of young people who have committed a sexual offence and received treatment. Eight studies were identified utilising a sample of 1528 young people. Recidivism was higher among participants who did not complete treatment, compared to those who completed treatment, but highest in those who commenced but subsequently “dropped out”. Our findings highlight a need for …

Exploring Police K-9 Deaths, Their Causes, And Possible Remedies, John Wise

College of Graduate Studies: Theses & Dissertations

Police K-9s face daily dangers due to their work. Data collected by the Officer Down Memorial Page from 2000-2023 on K-9 deaths (N = 405) shows that of K-9s that die in the line of duty, many fall victim to heat stroke. Research was conducted comparing heat stroke to all other causes of death. Through an exploration into the history of mankind’s use of working dogs, the unique capabilities of both dogs and K-9 specific dog breeds and applying Routine Activity Theory and Lifestyle Routine Activity Theory to police K-9s, this study’s objective is to bring awareness to, and …

Should We Disaggregate Latino Youths Based On Ancestral Group When Examining Risk Factors Of Violent And Delinquent Behavior, Elvis G. Sevilla

Theses and Dissertations

Researchers frequently aggregate Latino subgroups during statistical analyses despite findings indicating that cultural distinctions within Latino subgroups have unintended hidden impacts on analyses. This study disaggregated the Latino sample to assess if Latino youth samples differ among subgroups (i.e., Mexicans/Mexican Americans, Cubans/Cuban Americans, Puerto Ricans, Central/South Americans, and other Latinos) who self-reported violent and nonviolent delinquent behavior. Also, this study used Sampson and Laub’s age-graded theory to investigate life-course characteristics that predicted violent and nonviolent delinquent behaviors. A two-step approach analysis determined the differences in violent and delinquent behaviors among Latino subgroups and then which life-course risk factors predicted the …

Examining Digital Hostility Against Black Women: A Thematic Analysis Of The Black Manosphere On Twitter, Nekea Sanders

Theses and Dissertations

The Manosphere is a collective of powerfully influential men who create and control harmful narratives about women online. Individuals within the Manosphere are disseminating their beliefs and garnering support through various online platforms, including social media. This research study sheds light on the Black Manosphere, a group within the Manosphere that has gone under the radar, despite the detrimental and toxic content they publish online about Black women. This qualitative research study examined the hostile rhetoric published by the Black Manosphere on Twitter (now X) about Black women. The research questions guiding this qualitative examination were: (1) What types and …

Applying Social Bond Theory To Foster Care Instability And Justice System Contact, Therin P. Foley

Honors College Theses

While placing a child in foster care is often in an effort to protect them and their future, it does not always fully succeed. Placement in foster care has been found to be highly unstable. Additionally, it has been linked to an increase in individuals’ likelihood to engage in delinquent and criminal behavior. This thesis looks at the possibility that these two aspects may be related through Hirschi’s (1969) Social Bond theory. It examines available data from ten different states in order to explore this idea. The results of this investigation show that the instability of the foster care system …

Impacts Of Sex Work Criminalization On Sex Workers In Oregon: A Pilot Study, Stephanie Wahab, Katie Shammel

School of Social Work Faculty Publications and Presentations

Executive Summary

Context for the Study
In July, 2023, Oregon legislators voted to fund research exploring the impacts of the criminalization of sex work in Oregon. Unfortunately, the Governor vetoed the budget item, stating that the private sector should fund this type of public health research and noting the need for additional public discussion about the issue. To date, there have been no attempts to study the impacts of prostitution laws on the people most impacted by them in Oregon. The research presented in this report seeks to address this gap.

This qualitative pilot study was designed to better understand …

The Contextual Process Of Bystander Intervention In Bias-Motivated Violent Victimization: An Experimental Approach, James Hubbell

Electronic Theses & Dissertations (2024 - present)

Hate crimes against Asian Americans and LGBT individuals have been on the rise within the U.S. in the past few years (UCR, 2024). Although these offenses tend to occur in public, numerous stories in the media highlight that few bystanders choose to intervene. To unveil why bystanders choose not to intervene, this dissertation explored the extent to which 1,001 U.S. adults engaged with the five-step situational model for bystander intervention proposed by Latané and Darley (1970). Respondents were recruited through Qualtrics and randomly assigned to a hate scenario involving one of six victims: an Asian American man, an Asian American …