Digital Commons Network^™

Recommendations For Conducting Ethical Network Research, Francisca Ortiz Ruiz, Paola Tubaro, José Luis Molina, Jennifer Watling Neal, Raffaele Vacca, Jana Diesner, Jimi Adams, Michelle Birkett, Jenny Godley, Juniper Lovato, Michael Schönhuth, Laura Teves, Michael Zimmer

Faculty Publications

Ethical considerations in social network studies are grounded in the general principles of human subjects’ research, including avoidance of harm, promotion of justice, equitable distribution of burdens and benefits, respect for human dignity, and protection of confidentiality. To help navigate these challenges, this article presents recommendations for conducting ethical network research, developed by a multi-disciplinary and multi-national working group. The article is divided in three main sections where there are certain recommendations identified for each one of them: data collections, use, and availability. Discovering how others addressed and solved problems can be a way for all of us to improve …

Examining Reporting And Risk-Avoidance Intentions Among Residents Of High-Crime Neighborhoods: Results From A City-Wide Survey Experiment, Paige E. Vaughn, Matt Vogel

Faculty Publications

Objectives

Examine how offense severity and victim–offender relationship shape intentions to report violence and engage in avoidance behaviors among residents of high-crime neighborhoods.

Methods

A 2×2 factorial survey experiment was embedded in a community survey of 220 adults from nine high-crime St. Louis, MO neighborhoods. Logistic regression models estimated vignette effects on reporting and avoidance intentions.

Results

Firearm presence increased intentions to contact police and community workers and avoid risk. Simple assaults by strangers were more likely to be reported to police than those by acquaintances. Respondents expressed willingness to report to police and family or friends, but not community …

Individualized Cannabis Reparations, Scott Bloomberg

Faculty Publications

This Article makes an argument that should be obvious. The best way for governments to right the wrongs of cannabis prohibition is to give money to people with cannabis offenses. Nonetheless, this straightforward reform has been consistently overlooked, dismissed, or minimized by policymakers and scholars alike, eschewed in favor of other social equity programs that do not right those wrongs nearly as effectively. Governments have indeed invested hundreds of millions of cannabis tax dollars in social equity licensing programs and community reinvestment initiatives. These programs-while often worthwhile-do not benefit the vast majority of people with past cannabis offenses. Governments should …

Who Is Presidential? Women’S Political Representation, Deflection, And The 2016 Election, Kaitlin M. Boyle, Chase B. Meyer

Faculty Publications

In 2016, Hillary Clinton was the first woman to gain the presidential nomination from a major political party in the United States, yet she was unsuccessful. The current study explores barriers to being elected as president for women generally and Hillary Clinton specifically. Using the propositions and tools of affect control theory, we demonstrate how women’s political representation shapes cultural sentiments about women and the president. In a nationwide sample of Americans surveyed shortly before the election, we find women’s representation on the state level influences voter preferences through these cultural sentiments: More women in politics makes a woman president …

Social Control And Neglect At A Crossroads: Unpacking The Interactive Effects Of Residential Segregation And Violence On Pretrial Detention, Paige Vaughn, Joshua H. Williams

Faculty Publications

Racial segregation and violent crime are both important predictors of jurisdiction-level criminal justice outcomes, yet little research has examined their influences on front-end detention patterns and how they may interact to shape local punishment practices. The current study uses official sources and Vera Institute of Justice data spanning 1496 decennial county-years (374 counties from 1980 to 2010) to examine the independent and combined effects of county-level racial segregation and violent crime on pretrial detention rates. Drawing on group threat and minority neglect arguments, we find that high segregation levels are associated with neglect, especially in violent areas. Reduced segregation between …

More Rights, More Danger For Police: An Experimental Look At How Messaging Shapes Public Views About Constitutional Carry, Hunter M. Boehme, Paige Vaughn

Faculty Publications

Constitutional carry (CC) laws, now enacted in 29 states, allow individuals to carry firearms openly without permits, yet little is known about public perceptions of these laws. This study employs a pre-registered survey experimental design to investigate whether varying support for CC laws by police leaders and politicians influences attitudes toward the laws and their perceived consequences. One-third of respondents supported CC laws, with most disagreeing that they will make communities safer. The majority of the sample felt these laws would increase personal liberty but also felt these laws would increase police danger. Oppositional messaging increased agreement that the laws …

The Brady Materiality Standard, Brandon L. Garrett, Adam M. Gershowitz

Faculty Publications

The Brady doctrine requires prosecutors to disclose all favorable and material evidence to the defense. To effectuate that rule, the U.S. Supreme Court has defined materiality as a “reasonable probability” that the evidence would have affected the outcome at trial. But apart from that definition, the Court has resisted offering any further guidance to lower courts. While far too little is known about how Brady materiality claims are actually adjudicated, there is strong evidence that courts often reject Brady claims involving withheld evidence on the grounds that the evidence was not significant enough to be material.

To examine how Brady …

(Re)Individualizing Criminal Law, Itay Ravid

Faculty Publications

Criminal law purports to care about the individual culpability of those committing crimes. Individual mental states or defenses based on one’s beliefs are considered foundational to moral responsibility and criminal conviction. The expansion of algorithmic risk assessment tools in the criminal legal system, however, threatens these principles, changing the criminal law subject from an autonomous individual to merely a predicted object. This Article argues that risk assessment tools—now functioning as gatekeepers at both the entry and exit stages of the criminal process, from predictive policing to compassionate release eligibility—have shifted the criminal system away from its foundation in individual culpability. …

Recalibrating The Risk Of False Confession Wrongful Convictions: Interrogation Tactics And Inverse Probability, Scott M. Mourtgos, Ian T. Adams

Faculty Publications

False confession wrongful convictions (FCWCs) are a serious failure of the criminal justice system. Although scholars have identified interrogation tactics thought to elevate this risk, existing research rarely estimates the population-level probability that legally permissible methods will produce an FCWC. Instead, inference relies on outcome-selected case series and laboratory diagnosticity ratios that ignore base rates and the far larger universe of interrogations without false confessions. This article offers a methodological recalibration. We formalize the outcome-selection problem and apply inverse probability logic to derive posterior FCWC risk integrating base rates, sensitivity, and specificity. Using Monte Carlo simulation, we synthesize available empirical …

Boiling A Frog: Pre-Adaptive Processes And Prison Riot Dynamics, Hayden P. Smith

Faculty Publications

This study explores the adaptive mechanisms and survival strategies deployed by incarcerated individuals during the Lee Prison Riot of April 15, 2018. Drawing solely on in-depth interviews with 25 incarcerated men (predominantly Black, aged 25–61) at Lee Correctional Institution, and utilizing the importation and deprivation models as analytical frameworks, the analysis reveals that early-life trauma, neighborhood disruption, and the construction of survival pride significantly shape inmate adaptation. In particular, the research documents how inmates are channeled into “high‑alpha dorms” where collective violence becomes both predictable and deeply ambiguous, and where post‑riot behaviors signal the emergence of a “new normal” in …

Meet Me At The Rock: The Behavioral Patterns Of Collective Violence In Prison, Hayden P. Smith

Faculty Publications

This study explores the behavioral dynamics of collective violence in prisons, focusing on the largest prison riot in the United States in twenty-five years at Lee Correctional Institution, using an ethnographic approach and Crime Script Analysis (CSA). The sample consisted of twenty-five incarcerated men, predominantly African American, aged 25 to 61, with extensive incarceration histories, experiences of violence, and influencer status within the prison community. It identifies key factors such as situational awareness, gang affiliations, and chronic understaffing that escalate violence. Themes include the "pressure cooker" environment, elevated tensions, and stages of confrontation, escalation, and de-escalation. A key finding is …

Police Staffing Shortages, Public Awareness, And Policy Preferences, Hunter M. Boehme, Joshua Mccrain, Scott M. Mourtgos, Brandon Tregle

Faculty Publications

Since the summer of 2020, police agencies across the United States have continued to experience police staffing shortages. The consequences of understaffed police agencies are well studied, but little is known about whether the public is aware of the staffing problem and its consequences for public safety and police behavior. This study presents a pre-registered factorial survey experiment to 3105 US adults, varying the information respondents see on the consequences of staffing shortages (e.g., public safety, police behavior) and the messenger of this information (e.g., police chief, mayor). Respondents are then asked about their levels of concern about police staffing, …

Statewide Sanctuary Policies And Female Homicide Rates, 2016–2021, Kaitlin M. Boyle, Sophia Shaiman, Veronica Valencia Gonzalez, Wendy Regoeczi

Faculty Publications

The current study examines whether state immigration enforcement policies, such as sanctuary policies that limit local police cooperation with federal immigration enforcement, are associated with female homicide rates in the United States (2016–2021). We examine crude female homicide rates from the National Violent Death Reporting System (N = 244 state-years), which we stratify by race and ethnicity (Hispanic of all races, non-Hispanic Black, and non-Hispanic White) and victim–suspect relationship (domestic vs. stranger homicide). State-years with policies that are more protective of immigrants were not associated with higher homicide rates for any group. Instead, state-years with these policies reported significantly lower …

Risk And Public Judgments On Police Pursuits: A Nationally Representative Conjoint Experiment, Scott M. Mourtgos, Ian T. Adams, Kyle Mclean, Geoffrey P. Alpert

Faculty Publications

Police vehicle pursuits emphasize a central tension between law enforcement imperatives and public safety. While modern policies emphasize balancing apprehension needs against risks of continuation, little is known about whether public intuitions mirror this framework. We address this gap using a nationally representative conjoint experiment (N = 3,334) that varied eleven contextual factors across randomized pursuit scenarios. Respondents rated perceived risk, indicated whether pursuits should be terminated, and made forced-choice tradeoffs. Across all outcomes, high-risk situational factors (e.g., high speeds, adverse weather, heavy traffic, urban settings, etc.) increased perceived danger and termination support, while more serious underlying offenses, particularly …

The Long Run Effects Of A Teacher-Focused School Reform On Student Outcomes, Sarah R. Cohodes, Ozkan Eren, Orgul Ozturk

Faculty Publications

This paper examines the effects of a teacher-focused school reform program — combining performance pay with teacher observation and feedback — implemented in high-need schools on students’ longer-run educational, criminal justice, and economic self-sufficiency outcomes. Using linked administrative data from a Southern state, we leverage the quasi-randomness of the timing of program adoption across schools to show that the school reform improved educational attainment and reduced both felony criminal activity before age 19 and dependence on government assistance in early adulthood (ages 18–22). We find little scope for student sorting or changes in the composition of teacher workforce to explain …

Toddlers, Investors, And Tax Policy, Lauren Shores Pelikan

Faculty Publications

There is a continuing childcare crisis that worsens every year. Congress has historically used tax incentives aimed at parents and employers to try to alleviate the lack of affordable childcare. However, with private equity's increasing investment in the childcare sector, this Article advocates for an entirely new approach: Congress should encourage more people to work in the childcare sector by enacting a tax benefit for the individual childcare service provider.

Childcare is a broken market. The labor-intensive nature of the industry results in razor thin profit margins, and wages remain low due to entrenched racial and gender norms. There is …

The Non-Punishment Principle And Restorative Justice, Rachel J. Wechsler

Faculty Publications

The non-punishment principle is a legal norm that has increasingly gained legitimacy over the past quarter-century within international, regional, and domestic law on human trafficking. At its core, this principle opposes the punishment of human trafficking victims for unlawful conduct they engage in as a consequence of their trafficking victimization. Little is known about the presence and operation of the non-punishment principle within U.S. law. This Article fills this gap as the first to comprehensively map and analyze the principle’s instantiation across state and federal law.

From this new map, three key themes emerge. First, the non-punishment principle has a …

Does Voluntary Manslaughter Exist In South Dakota?, Gregory Brazeal

Faculty Publications

The American legal tradition generally distinguishes between cold-blooded, premeditated intentional killing and hot-blooded, spontaneous intentional killing. The former has traditionally been categorized as murder and the latter as the lesser crime of “voluntary manslaughter.” South Dakota’s homicide statutes, interpreted based on their plain meaning, depart from this deeply rooted tradition. The closest equivalent to the crime of voluntary manslaughter appears in South Dakota’s first-degree manslaughter statute, which includes a prohibition on homicide “[w]ithout any design to effect death . . . and in a heat of passion, but in a cruel and unusual manner.” The phrase “heat of passion” suggests …

A First Amendment Right To Know, David S. Ardia

Faculty Publications

This Article tackles an increasingly important question: Can police round up people on American streets and keep secret the names of those they detain without violating the First Amendment? Alarmingly, the government made this very argument in the summer of 2020 when it sought to break up Black Lives Matter protests occurring in cities across the country. Based in part on a Supreme Court decision from the 1970s involving access to prisons, the government argued that the First Amendment imposes no constraints on government secrecy. If it is true that the government can shield its exercise of police power from …

To The Hague And Beyond: The Shifting Terrain Of International Criminal Justice, Leila Nadya Sadat, Valerie Oosterveld, Sharon Weil, Nancy Combs, David Crane

Faculty Publications

Panel of international criminal law experts speak about the areas in which they work.

The Specter Of Jury Nullification, Anna Offit

Faculty Publications

Attention to the trial of Luigi Mangione has renewed debate about nullification—the jury’s inviolate power to acquit a defendant contrary to the evidence presented. Jury nullification proponents hold that it is a mechanism of last resort for refusing to apply laws that conflict with the public conscience. Opponents, by contrast, argue that nullification undermines the law by diminishing its legitimacy. To prosecutors and defense attorneys, however, these arguments are immaterial: Jury nullification is part of the institutional landscape of the contemporary jury trial and thus must be treated as a potentiality—a feature of the agnostic, strategic, and ethical terrain of …

The Police Archipelago: Decentralization, Police Violence, Over-Punishment, And Crime, José F. Girón

Faculty Publications

A strong consensus has taken hold in the legal academy. Criminal Justice Localism, espoused by scholars of every stripe, promotes greater local control of every facet of the criminal justice system. But Criminal Justice Localism largely overlooks an institution that plays a critical role in the criminal justice system, and which has been the subject of intense public criticism: the police. That oversight is remarkable for two reasons. First, calls for increased local control of the police seem to ignore that America operates one of the most—if not the most—decentralized policing models in the world, with its thousands of local, …

Facts, Policy, And Discretion, F. Andrew Hessick, Carissa Byrne Hessick

Faculty Publications

Presidents, prosecutors, and judges often announce policies on how they will make discretionary decisions. These policies have met the criticism that discretion must be the product of an assessment of the particular facts of a case. Decisionmakers cannot base discretionary decisions on policy considerations, nor can they adopt policies stating how they intend to exercise their discretion. To do so, the argument goes, does not constitute an exercise of discretion, but rather an abdication of it.

This Article argues that this criticism misunderstands discretion. Discretionary decisions must rest on reasons, and reasons necessarily appeal to principles and policies that are …

Civil Death By A Thousand Cuts, Eisha Jain

Faculty Publications

Commentators have leveled trenchant critiques of collateral consequences of criminal conviction, analogizing them to a form of “civil death.” This Essay develops the related concept of “civil death by a thousand cuts” in two senses. First, penalties such as voting bans or deportation after a conviction are often just the tip of the iceberg. Second, a system of far-flung, intertwined civil and criminal penalties portends the death of a civil society capable of recognizing and mediating excessive penalties. Recognizing how these penalties operate—and how difficult they can be to address—is a critical step toward creating a more proportionate criminal legal …

Missing Children Discrimination, Itay Ravid, Tanisha Brown

Faculty Publications

The problem of missing children in America—many of whom are victims of crime—has haunted society for decades. In response, a range of laws and policies have emerged, culminating in the nationwide adoption of the AMBER Alert system in the early 2000s. While often hailed as a success, this Article reveals a sad truth: Not all children benefit equally from AMBER. In particular, missing Black children are systematically underserved by the system, which ultimately contributes to the disproportionate impact of the missing children crisis on Black communities. While this issue received limited scholarly attention, states have recently started recognizing it. In …

Recommendations From Multi-Disciplinary Professionals For Survivor-Informed And Comprehensive Care For Human Trafficking Survivors, Christina Tsoi, Timothy B. Smith, Elizabeth Cutrer-Párraga, Devan Clayton, Joshua M. Marshall, Jamila Mastny

Faculty Publications

Background: Human trafficking affects millions of people worldwide with multiple adverse outcomes including psychopathology. Although research on human trafficking has become abundant in other academic disciplines (e.g., public health, criminology, social work), healthcare research specific to the mental health treatment of survivors remains limited. Objective: The purpose of this study was to gather recommendations from professionals about mental health treatment of trafficking survivors. Method: Semi-structured interviews were conducted with 21 multidisciplinary professionals working with trafficking survivors. Data were analyzed using qualitative content analysis methodology. Results: An overarching theme derived from the data concerned the recommendation to implement trafficking survivor-informed care, …

Anti-Holistic Algorithms, Itay Ravid

Faculty Publications

This Article presents a critical tension in modern criminal justice between holistic criminal-justice aspirations and algorithmic governance: whether the holistic rehabilitation and reintegration project can survive technological determinism. As criminal legal systems embrace algorithmic risk- assessment tools as solutions to address recidivism, this Article reveals a profound epistemological concern: the fundamental incompatibility between viewing offenders as “whole persons” capable of transformation and reducing them to statistical probabilities within computational matrices. By doing so, it demonstrates how algorithmic mediation fundamentally alters—and potentially destroys—the holistic message itself.

In establishing this argument, the Article advances in two stages. It first identifies the development …

Disparities In Street Harassment Exposure And Mental Health Consequences: Elevated Risk For Marginalized Women, Sophia Shaiman, Kaitlin M. Boyle

Faculty Publications

Street harassment is a widespread harm that disproportionately affects women. While research suggests links between racial inequality, street harassment, and mental health outcomes, it is less understood how the severity of harassment experienced is shaped by their demographic characteristics, and how the severity of the harassment shapes mental health outcomes. Thus, we ask two questions. First, which demographic characteristics are associated with a greater risk of “complementary” and “hostile” forms of street harassment? Second, are complementary and hostile forms of street harassment both associated with higher levels of negative emotion, psychological distress, and post-traumatic maladaptive beliefs? To answer these questions, …

Localizing Public Order, Brenner M. Fissell

Faculty Publications

Public order offenses—public intoxication, sleeping outside, etc.—seem trivial, but they have enormous consequences for marginalized populations. These are the offenses that justify coercive police interactions, as well as entry into the procedural morass of the criminal legal system. Accordingly, these offenses have received extensive scholarly attention, with decades of research addressing their vagueness and their impact on urban communities of color. But no work has been done to survey how much of this conduct is criminalized and at what jurisdictional level—city or state.

This Article picks up that task, undertaking a comprehensive analysis of the criminal codes of the fifty …

Examining The Effects Of Firearm Lethality And Aggressors’ Intentions To Kill On Injurious Firearm Violence At American Schools: A Research Note, Brent R. Klein, Cory Schnell, Steven M. Chermak, Joshua D. Freilich

Faculty Publications

This study examined firearm lethality and aggressors’ lethal intent on injurious fatal and nonfatal school shootings using data from The American School Shooting Study, which covers 329 school shootings in the United States from 1990 to 2016. We developed a new multidimensional construct for measuring shooters’ determination to kill and examined firearm characteristics while considering confounding factors. We identified 11 distinct categories of shooters’ intent, with most showing a strong desire to kill. Both intent and weapon lethality significantly impacted school shooting homicides. Overall, we recommend that prevention and theoretical models should address both factors.