Digital Commons Network^™

Convict Criminology Prisoner Re-Entry Policy Recommendations, Stephen C. Richards, Jeffrey Ian Ross, Greg Newbold, Michael Lenza, Richard S. Jones, Daniel S. Murphy, Robert S. Grigsby

Social and Cultural Sciences Faculty Research and Publications

No abstract provided.

Review Of Battle Cries: Black Women And Intimate Partner Violence, By Hillary Potter, Angelique Harris

Social and Cultural Sciences Faculty Research and Publications

No abstract provided.

Women Under Attack: Violence And Poverty In Guatemala, Corinne Ogrodnik, Silvia Borzutzky

Journal of International Women's Studies

In 2009 Guatemalan women experienced the highest level of violence in Latin America and one of the highest in the world, and death rates have continued to increase in 2010. At the core of the issue are two major problems: pervasive poverty and legal exclusion. In turn, these two issues are closely connected since legal/judicial exclusion is a consequence of poverty. This paper aims to analyze the question of violence against women in Guatemala, to discuss women’s limited political, legal and economic rights, as well as the policies pursued since the end of Guatemala’s civil war to deal with the …

Building Pathways Of Possibility From Criminal Justice To College: College Initiative As A Catalyst Linking Individual And Systemic Change, Susan P. Sturm, Kate Skolnick, Tina Wu

Faculty Scholarship

Across the United States, communities, especially marginalized and low income communities, face challenges resulting from the “school-to-prison pipeline”—a continuum of conditions increasing the probability that people from such marginalized communities, particularly black men, will find themselves in prison rather than college.1 Dismantling this pipeline has become a significant national focus of advocates and policy makers. In New York City, a network has emerged in the last ten years to focus on building a new pipeline from criminal justice to college. This network focuses on rebuilding the lives of the over 70 thousand people who have fallen into the school-to-prison pipeline. …

In Memoriam: William J. Stuntz, Pamela S. Karlan, Michael J. Klarman, Martha Minow, Daniel C. Richman, Robert E. Scott, David Skeel, Carol Steiker

Faculty Scholarship

Bill made a lot of errors in his articles. I know that, because he told me so, often in graphic detail, sometimes years after writing them; sometimes days. As anyone familiar with Bill or his work knows, this sort of harsh self-criticism bespeaks not any laxity or insouciance on Bill’s part, or even a false modesty, but rather an intense commitment to intellectual rigor, and (even more astounding for a legal academic) actually “getting it right.”

Inside Out, Elizabeth F. Emens

Faculty Scholarship

Russell Robinson has done it again. With Masculinity as Prison: Sexual Identity, Race, and Incarceration, he has given us another provocative Article, which illuminates a phenomenon in the world and, indirectly, in ourselves. The Article represents much of what generally makes Robinson’s work so compelling. First, he writes about tremendously complex subjects and attends to their many complexities in remarkably lucid prose. Second, despite his critical perspective, he does not hesitate to make prescriptive arguments.

In this Article, he even ventures into the hallowed ground of constitutional argument, something he has not done since his first article on race-based …

Prosecutorial Discretion And The Neglect Of Juvenile Shielding Statutes, Andrea L. Dennis

Scholarly Works

When legislatures enact statutes, furtherance of legislative intent depends on the behavior of actors in the executive and judicial branches of government. In the criminal justice system, prosecutors may frustrate legislative intent when they exercise prosecutorial discretion. This Article examines an instance in which prosecutors’ choices work to the detriment of children.

This Article reviews the failure of juvenile shielding statutes to take hold in the prosecution of cases involving child witnesses because of prosecutors’ discretionary decisions not to use these statutes. The Article investigates prosecutors’ pragmatic and doctrinal justifications for not utilizing juvenile shielding statutes and concludes that the …

Class Matters, Erica J. Hashimoto

Scholarly Works

Poor people constitute one of the most overrepresented categories of people in the criminal justice system. Why is that so? Unfortunately, we simply do not know, in large part because we have virtually no information that could provide an answer. As a result of that informational vacuum, policymakers either have ignored issues related to socioeconomic class, instead focusing on issues like drug addiction and mental illness as to which there are more data, or have developed fragmented policy that touches on socioeconomic class issues only tangentially. The bottom line is that without better data on the profile of poor defendants, …

The Anticanon, Jamal Greene

Faculty Scholarship

Argument from the "anticanon," the set of cases whose central propositions all legitimate decisions must refute, has become a persistent but curious feature of American constitutional law. These cases, Dred Scott v. Sandford, Plessy v. Ferguson, Lochner v. New York, and Korematsu v. United States, are consistently cited in Supreme Court opinions, in constitutional law casebooks, and at confirmation hearings as prime examples of weak constitutional analysis. Upon reflection, however, anticanonical cases do not involve unusually bad reasoning, nor are they uniquely morally repugnant. Rather, these cases are held out as examples for reasons external to …

Randomization And The Fourth Amendment, Bernard Harcourt, Tracey L. Meares

Faculty Scholarship

Randomized checkpoint searches are generally taken to be the exact antithesis of reasonableness under the Fourth Amendment. In the eyes of most jurists checkpoint searches violate the central requirement of valid Fourth Amendment searches – namely, individualized suspicion. We disagree. In this Article, we contend that randomized searches should serve as the very lodestar of a reasonable search. The notion of "individualized" suspicion is misleading; most suspicion in the modem policing context is group based and not individual specific. Randomized searches by definition are accompanied by a certain level of suspicion. The constitutional issue, we maintain, should not turn on …

Privacy And Law Enforcement In The European Union: The Data Retention Directive, Francesca Bignami

GW Law Faculty Publications & Other Works

This paper examines a recent twist in EU data protection law. In the 1990s, the European Union was still primarily a market-creating organization and data protection in the European Union was aimed at rights abuses by market actors. Since the terrorist attacks of New York, Madrid, and London, however, cooperation on fighting crime has accelerated. Now, the challenge for the European Union is to protect privacy in its emerging system of criminal justice. This paper analyzes the first EU law to address data privacy in crime-fighting - the Data Retention Directive. Based on a detailed examination of the Directive's legislative …

Prisoners Serving Sentences Of Life Without Parole: A Qualitative Study And Survey, Glenn J. Abraham

University of Kentucky Doctoral Dissertations

This mixed methods exploratory study examined how adult male prisoners serving sentences of life without parole adapt to the probability that they will be incarcerated for the remainder of their lives. As a second element, state prison wardens were surveyed about their support for the provision of certain amenities to those serving life without parole and the extent to which they believed those prisoners presented a risk of future dangerousness. Qualitative interviews were conducted with 24 inmates serving sentences of life without parole at a high security prison in Ohio. Informants identified factors that made adjustment more difficult or which …

Steven M. Schneebaum On The Death Penalty And Human Rights. By Sir Fred Phillips. Q.C. Kingston, Jamaica: Caribbean Law Publishing Company. 2009. 101pp., Steven M. Schneebaum

Human Rights & Human Welfare

A review of:

The Death Penalty and Human Rights. By Sir Fred Phillips. Q.C. Kingston, Jamaica: Caribbean Law Publishing Company. 2009. 101pp.

Human Trafficking And Minorities: Vulnerability Compounded By Discrimination, Heidi Box

Human Rights & Human Welfare

Human trafficking is an extreme human rights violation that impacts all populations across the globe and is characterized by force, fraud, and coercion intended for exploitation (Palermo Protocol 2000). Currently, human trafficking research is particularly limited by non-standard terminology and a clandestine research population. While estimates of the number of trafficked persons vary widely and are notoriously unsubstantiated, we can still arrive at some conclusions regarding the overall number of trafficked persons. One low estimate suggests that in 2005, at least 2.4 million people had been trafficked into forced labor situations and approximately 12.3 million people were victims of forced …

Personal Beliefs And Public Print: The Influence Of Pre-Existing Attitudes And Pretrial Publicity Information On Final Verdicts, Sara Marie Locatelli

Dissertations

Pretrial publicity (PTP), defined as any news story about a case not yet in trial, has been shown to affect trial outcomes. Results, however, are mixed, with studies finding strong effects, others weaker effects, and some no effects. These differences are sometimes attributed to methodology and study stimuli. In the present research, the effect of participant attitudes was explored. Participant attitudes can have a strong influence on perceptions about a piece of information, and could explain differences in use of PTP as well as findings that judicial remedies to alleviate PTP effects are ineffective. Participants were exposed to one of …

Negotiating The Boundaries Of Mental Health And Illness: A Study Of Recovery In Permanent Supportive Housing, Dennis P. Watson

Dissertations

Current sociological understandings of the effect that mental health services on consumers' daily lives are still heavily informed by research conducted during the era of institutional treatment. This is problematic considering that changes to mental health care have shifted the locus of treatment to community settings for the majority of those living with serious and persistent mental illness (SPMI). With this shift there has been a greater focus on consumer-centered recovery in mental health care. The current study addresses this gap in the research by studying the recovery process for formerly chronically homeless individuals with dually diagnosed serious and persistent …

A History Of Programs Implemented By The Chicago Police Department Within Chicago Public Schools, Stacy Ann Lewis

Dissertations

This study provides a history of programs implemented between the Chicago Police Department within Chicago Public School, while looking at the changes in the relationship between the two between 1945 and 2005.

The research answers the following; the change in the relationship of the Chicago Police Department and Chicago Public Schools during the last half of the twentieth century, the programs that have resulted from the relationship between the Chicago Police department and Chicago Public schools, the original intent of the programs, and how did the programs evolve during this time period.

This paper takes a look at how changes …

Methodology Of Comparative Law, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.

Political Discourses Of Idealised Masculinity: The Risk Management Of Male Prisoners Through Work, Education And Family Transitions, Helen Mcfarlane

Other Faculty of Arts, Humanities and Business Theses

This thesis focuses upon the new rehabilitation of male prisoners within the context of idealised masculinity. Through the discourse analysis of written policy documents, this work addresses two fundamental questions: How is idealised masculinity constituted within political discourse and how does idealised masculinity influence the formulation of prison rehabilitation programmes? Idealised masculinity is defined as the heterosexual breadwinning role attributed to men as workers and providers for the family. It is this that is articulated within political discourses as a technique of government by which to reduce re-offending amongst the male prisoner population. Within the Foucauldian analysis of governmentality and …

The Plymouth Community Justice Court And The Concepts Of Multi-Agency Problem-Solving And Community Engagement: A Process Review, Michelle Jolley

Other Faculty of Arts, Humanities and Business Theses

The emergence of Community Justice Courts (CJC) in the UK is a relatively new approach to doing justice. Founded upon the broad principles of community justice they present a challenge to traditional criminal justice practice. This thesis is based on a qualitative ethnographic study, employing an interpretivist methodology to develop knowledge and understanding of the Plymouth CJC. Furthermore it sought to review three specific areas, firstly the operations of the CJC and whether these processes varied from those of traditional magistrates’ court, secondly the development and operationalisation of problem-solving multi-agency working, and thirdly the identification and implementation of community engagement …

A Multilevel Model Of Police Corruption: Anomie, Decoupling, And Moral Disengagement, Ruth Zschoche

USF Tampa Graduate Theses and Dissertations

Police corruption is a primary concern for law enforcement agencies. The purpose of this study was to identify factors that could predict the likelihood of police officer susceptibility to corruption. Data was collected through surveys of 1083 officers within eight U.S. police agencies that were participating in the National Police Research Platform funded by the National Institute of Justice. The data were analyzed using multilevel structural equation and base multilevel models.

The theoretical model for this study addressed susceptibility to corruption on both the departmental (clusters) and individual officer levels. Four main constructs were utilized in this study. Acceptance of …

Mental Health Courts Effectiveness In Reducing Recidivism And Improving Clinical Outcomes: A Meta-Analysis, Brittany Cross

USF Tampa Graduate Theses and Dissertations

Mental health courts have recently emerged with goals to reduce recidivism and improve clinical outcomes for people with serious mental illness in the criminal justice system. The present study is a review of mental health court literature assessing their effectiveness in reducing recidivism and improving clinical outcomes for participants using meta-analytic techniques. A total of 20 studies that included sufficient information to compute the standardized mean difference effect size, focused on adult populations, and were within the United States were included in the analysis. Only experimental and quasi-experimental research designs were obtained. Using Cohen’s d (1988) guidelines, mental health courts …

Localism And Capital Punishment, Stephen F. Smith

Vanderbilt Law Review En Banc

No abstract provided.

Is Ze An American Or A Foreigner? Male Or Female? Ze's Trapped!, Annette De La Torre

Cardozo Journal of Equal Rights & Social Justice

The note argues that the legal and medical frameworks governing the treatment of transgender and transsexual immigrant detainees in U.S. Immigration and Customs Enforcement (ICE) facilities are inadequate, leading to violations of their Eighth Amendment rights. It contends that the legal system's reliance on narrow medical definitions and outdated gender roles fails to protect these detainees from unsafe and inhumane conditions. The analysis emphasizes the need for comprehensive reforms to address housing, medical care, and staff training to ensure dignity and safety for transgender detainees.

Sending The Principal To The Warden's Office: Holding School Officials Criminally Liable For Failing To Report Cyberbullying, Scott Farbish

Cardozo Journal of Equal Rights & Social Justice

The note argues that current state anti-cyberbullying statutes are insufficient to protect students and that holding school officials criminally liable for failing to address cyberbullying incidents would be a more effective deterrent. It contends that while legislatures have made progress in addressing cyberbullying, the lack of clear definitions and comprehensive measures leaves victims without adequate remedies. The note proposes that criminal liability for school officials would incentivize proactive measures to prevent cyberbullying, particularly in cases where off-campus incidents disrupt the school environment.

Guarding Their Sanctuary On The Offense: Criminal Contempt Actions By Domestic Violence Victims In Private Capacity, Mili Patel

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

New Crimes And Punishments: A Case Study Regarding The Impact Of Over-Criminalization On White Collar Criminal Cases, Lucian E. Dervan

Law Faculty Scholarship

Over-criminalization takes many forms and impacts the American criminal justice system in varying ways. This article focuses on a select portion of the over-criminalization phenomenon by examining two types of over-criminalization prevalent in white collar criminal law. The first type of over-criminalization discussed in this article is Congress’s propensity for increasing the maximum criminal penalties for white collar offenses in an effort to punish financial criminals more harshly. The second type of over-criminalization addressed in this article is Congress’s tendency to create vague and overlapping criminal provisions in areas already criminalized in an effort to expand the tools available to …

Re-Evaluating Corporate Criminal Liability: The Doj’S Internal Moral Culpability Standard For Corporate Criminal Liability, Lucian E. Dervan

Law Faculty Scholarship

This article examines the common law respondeat superior test for corporate criminal liability and proposes that it be expanded beyond the current two prong test to encompass a third prong regarding moral culpability. Further, this article supports this proposal by noting that the Department of Justice has already incorporated a moral culpability element into its analysis of corporate criminal liability through application of the Department’s Principles of Federal Prosecution of Business Organizations. While some might argue that one should be satisfied that the Department of Justice has seen fit to implement a new corporate criminal liability standard on its own …

The Surprising Lessons From Plea Bargaining In The Shadow Of Terror, Lucian E. Dervan

Law Faculty Scholarship

Since September 11, 2001, several hundred individuals have been convicted of terrorism related charges. Of these convictions, over 80% resulted from a plea of guilty. It is surprising and counterintuitive that such a large percentage of these cases are resolved in this manner, yet, even when prosecuting suspected terrorists caught attempting suicide attacks, the power of the plea bargaining machine exerts a striking influence. As a result, a close examination of these extraordinary cases offers important insights into the forces that drive the plea bargaining system. Utilizing these insights, this article critiques two divergent and dominant theories of plea bargaining …

Overcriminalization 2.0: The Symbiotic Relationship Between Plea Bargaining And Overcriminalization, Lucian E. Dervan

Law Faculty Scholarship

In discussing imperfections in the adversarial system, Professor Ribstein notes in his article entitled Agents Prosecuting Agents, that “prosecutors can avoid the need to test their theories at trial by using significant leverage to virtually force even innocent, or at least questionably guilty, defendants to plead guilty.” If this is true, then there is an enormous problem with plea bargaining, particularly given that over 95% of defendants in the federal criminal justice system succumb to the power of bargained justice. As such, this piece provides a detailed analysis of modern-day plea bargaining and its role in spurring the rise of …