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2012

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Amphetamines And Western Australian Detainees: A Social Profile, Karen L. Foster Jan 2012

Amphetamines And Western Australian Detainees: A Social Profile, Karen L. Foster

Theses: Doctorates and Masters

The current study utilised data collected from the Australian Institute of Criminology’s project known as Drug Use Monitoring in Australia (DUMA). The DUMA project examined detainees’ social demographics and past and present drug use, at various Australian sites. The current study examined secondary data as a subset of the DUMA data collected from the East Perth lockup in Western Australia. Three sections of the DUMA data were analysed in this study (i) changes in amphetamine use by detainees (ii) demographic profile of detained amphetamine users and (iii) offences for which they have been detained. Analyses included chi-square tests, Kendall’s tau_b, …

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Prisoner Reentry And Reintegration : Perspectives Of The Women Involved In Outcare's St John Of God Women's Program, Melissa Lackner Jan 2012

Prisoner Reentry And Reintegration : Perspectives Of The Women Involved In Outcare's St John Of God Women's Program, Melissa Lackner

Theses: Doctorates and Masters

Promoting and supporting the successful transition of prisoners into the wider community following release is a challenge that has received increasing attention on the part of both researchers and policymakers alike, especially considering the great costs to the community of crime and incarceration. Consequently, literature in this area has grown considerably, spurred by criminal justice interests in reducing recidivism and social justice interests in improving the opportunities and life circumstances of returning prisoners. This literature has however, traditionally been comprised of international studies based exclusively on male populations or with disregard for the differentiation between males and females. Although there …

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Face-To-Face : An Exploratory Study Of How People With Aphasia And Speakers Of English As A Second Language Perceive Their Interactions With Government Agencies, Susan Booth Jan 2012

Face-To-Face : An Exploratory Study Of How People With Aphasia And Speakers Of English As A Second Language Perceive Their Interactions With Government Agencies, Susan Booth

Theses: Doctorates and Masters

Creating communication accessible environments is increasingly recognised as an essential component to facilitating the social inclusion of people with aphasia (a language disorder after brain damage), (Cruice, 2007; Duchan, 2006; Duchan, Jennings, Barrett, & Butler, 2006; Howe, Worrall, & Hickson, 2008 ; Pound, Duchan, Penman, Hewitt, & Parr, 2007; Simmons-Mackie & Damico, 2007). There have been suggestions that communication access principles in aphasia may also assist people with the communication difficulties associated with English as a second language (ESL) (Kagan & LeBlanc, 2002; Law et al., 2010; Worrall, Rose, Howe, McKenna, & Hickson, 2007). Currently, in Western Australia for example, …

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Assessing Risk Of Violence In Caucasian And African-American Male Forensic Patients, Brandy Lynn Herriott Jan 2012

Assessing Risk Of Violence In Caucasian And African-American Male Forensic Patients, Brandy Lynn Herriott

All-Inclusive List of Electronic Theses and Dissertations

Violence risk assessment, or the ability to predict the likelihood of a criminal offender's to commit a violent act in the future, is an essential role of psychologists in the criminal justice system. One of the most widely used violence risk assessment instruments is the Violence Risk Appraisal Guide (VRAG). The Psychopathy Checklist-Revised (PCL-R) is the most widely used measure of psychopathy and is often used as part of violence risk assessment, including in the the VRAG. The PCL-R is lengthy and time-consuming process, which has led to the development of the Childhood and Adolescent Taxon Scale (CATS), which is …

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"The Good Mother": Mothering, Feminism, And Incarceration, Deseriee A. Kennedy Jan 2012

"The Good Mother": Mothering, Feminism, And Incarceration, Deseriee A. Kennedy

Scholarly Works

As the rates of incarceration continue to rise, women are increasingly subject to draconian criminal justice and child welfare policies that frequently result in the loss of their parental rights. The intersection of an increasingly carceral state and federally imposed timelines for achieving permanency for children in state care has had a negative effect on women, their children, and their communities. Women, and their ability to parent, are more adversely affected by the intersection of these gender-neutral provisions because they are more likely than men to be the primary caretaker of their children. In addition, incarcerated women have higher rates …

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Representing Injustice: Justice As An Icon Of Woman Suffrage, Kristin Collins Jan 2012

Representing Injustice: Justice As An Icon Of Woman Suffrage, Kristin Collins

Faculty Scholarship

In this Essay, written as part of a symposium on Judith Resnik’s and Dennis Curtis's sumptuously illustrated volume Representing Justice, I offer a historically sensitive interpretation of the figure of Justice in woman suffrage spectacle and propaganda. American suffragists were drawn to Justice as a symbol of women's claim to political and legal rights. Why? Surely one reason is that, as Resnik and Curtis demonstrate, by the early twentieth century Justice had ascended as a distinctively resonant symbol of law and law's legitimacy in a democratic polity. Precisely because Justice was a legible symbol of law's legitimacy, she was ripe …

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The Obama Effect: Specialized Meanings In Anti-Discrimination Law, Angela Onwuachi-Willig, Mario Barnes Jan 2012

The Obama Effect: Specialized Meanings In Anti-Discrimination Law, Angela Onwuachi-Willig, Mario Barnes

Faculty Scholarship

In this Article, we explore the proclamations that have been made about an emerging “post-racial” society within the context of workplace anti-discrimination law. Specifically, as the title of our panel for this symposium asks, we inquire: What is the significance of having a biracial, black-white president (or more specifically, the first self-identified black president) to the enforcement of antidiscrimination law? What impact, if any, has President Barack Obama’s campaign for the presidency and election as president had on discrimination in the workplace? Based in part on our review of discrimination cases in which President Obama’s name has been invoked—in most …

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“We Have The Right Not To Be Rescued...”: When Anti-Trafficking Programmes Undermine The Health And Well-Being Of Sex Workers, Aziza Ahmed, Meena Seshu Jan 2012

“We Have The Right Not To Be Rescued...”: When Anti-Trafficking Programmes Undermine The Health And Well-Being Of Sex Workers, Aziza Ahmed, Meena Seshu

Faculty Scholarship

This paper highlights the impact of raid, rescue, and rehabilitation schemes on HIV programmes. It uses a case study of Veshya Anyay Mukti Parishad (VAMP), a sex workers collective in Sangli, India, to explore the impact of anti-trafficking efforts on HIV prevention programmes. The paper begins with an overview of the anti-trafficking movement emerging out of the United States. This U.S. based antitrafficking movement works in partnership with domestic Indian antitrafficking organisations to raid brothels to “rescue and rehabilitate” sex workers. Contrary to the purported goal of assisting women, the anti-trafficking projects that employ a raid, rescue, and rehabilitate model …

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A Tale Of Two Cases: Urging Caution In The Prosecution Of Hiv Non-Disclosure, Isabel Grant, Jonathan Glenn Betteridge Jan 2012

A Tale Of Two Cases: Urging Caution In The Prosecution Of Hiv Non-Disclosure, Isabel Grant, Jonathan Glenn Betteridge

All Faculty Publications

Two provincial Courts of Appeal have recently released unanimous decisions that clarify the law regarding the obligation imposed upon people living with HIV to disclose their HIV status prior to sexual relations. The decision of the Manitoba Court of Appeal in R v. Mabior and of the Quebec Court of Appeal in R c. D.C. must be seen against a background of increasing criminal prosecutions in Canada of people with HIV who allegedly do not disclose their HIV status to sexual partners. Since the first HIV nondisclosure prosecution in 1989, there have been over 120 prosecutions. A high proportion of …

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Taking Threats Seriously: Section 264.1 And Threats As A Form Of Domestic Violence, Joanna Birenbaum, Isabel Grant Jan 2012

Taking Threats Seriously: Section 264.1 And Threats As A Form Of Domestic Violence, Joanna Birenbaum, Isabel Grant

All Faculty Publications

An alarming number of women are in abusive relationships where violence and threats of violence pervade their lives. This article examines the offence of uttering threats in the Canadian Criminal Code, using the Manitoba Court of Appeal decision in R v O’Brien as a backdrop. We make two arguments. First, we argue that, in intimate relationships, threats of death and bodily harm are a form of domestic violence, often used by men in concert with physical violence and other forms of intimidation to control and dominate women. The Canadian criminal justice response to charges of uttering threats in intimate partner …

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From Smith To Smickle: The Charter's Minimal Impact On Mandatory Minimum Sentences, Debra Parkes Jan 2012

From Smith To Smickle: The Charter's Minimal Impact On Mandatory Minimum Sentences, Debra Parkes

All Faculty Publications

This paper attempts to assess the impact that the Canadian Charter of Rights and Freedoms has had, and may have in the near future, on mandatory minimum sentences and their legislated proliferation. To answer those questions, the paper first briefly reviews the Supreme Court of Canada case law on the constitutionality of mandatory minimum sentences. The next two sections will outline the approach taken in the recent Smickle decision in the Ontario Superior Court of Justice before moving on to argue that courts should subject the purported goals, justifications and implications of mandatory minimum sentences to a more searching form …

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Responding To Mccleskey And Batson: The North Carolina Racial Justice Act Confronts Racial Peremptory Challenges In Death Cases, Robert P. Mosteller Jan 2012

Responding To Mccleskey And Batson: The North Carolina Racial Justice Act Confronts Racial Peremptory Challenges In Death Cases, Robert P. Mosteller

Faculty Publications

No abstract provided.

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Who Watches The Watchers In Public Corruption Cases?, Richard E. Myers Ii Jan 2012

Who Watches The Watchers In Public Corruption Cases?, Richard E. Myers Ii

Faculty Publications

No abstract provided.

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Holy Or Unholy Matrimony: Does Participation In A Pre-College Program Influence The Retention Rate Of African American Males In College, James Dj Baker Iii Jan 2012

Holy Or Unholy Matrimony: Does Participation In A Pre-College Program Influence The Retention Rate Of African American Males In College, James Dj Baker Iii

LSU Doctoral Dissertations

Fifty percent of all students who enroll in college depart before earning their degree; this proportion is even higher among minorities during the first year of college (Tinto, 2006). Minorities have typically had fewer opportunities to gain a college education. Once enrolled in college, minorities have generally found it more difficult to succeed academically and graduate (Strayhorn, 2011). There is one group among the collective of minorities that are even further behind the rest, African American males. African American males are one of the most underrepresented populations of students on college campuses around the nation (Feagin, Vera, & Imani, 1996). …

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The End Of 'Modes Of Liability' For International Crimes, James G. Stewart Jan 2012

The End Of 'Modes Of Liability' For International Crimes, James G. Stewart

All Faculty Publications

Modes of liability, such as ordering, instigation, superior responsibility and joint criminal liability, are arguably the most discussed topics in modern international criminal justice. In recent years, a wide range of scholars have rebuked some of these modes of liability for compromising basic concepts in liberal notions of blame attribution, thereby reducing international defendants to mere instruments for the promotion of wider socio-political objectives. Critics attribute this willingness to depart from orthodox concepts of criminal responsibility to international forces, be they interpretative styles typical of human rights or aspirations associated with transitional justice. Strangely, however, complicity has avoided these criticisms …

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Advising Terrorism: Material Support, Safe Harbors, And Freedom Of Speech, Peter Margulies Jan 2012

Advising Terrorism: Material Support, Safe Harbors, And Freedom Of Speech, Peter Margulies

UC Law Journal

Ever since Brandenburg v. Ohio, departures from content neutrality under the First Amendment have received strict scrutiny. However, in Holder v. Humanitarian Law Project (“HLP”), the Supreme Court decided that the perils of content regulation were less pressing than was the need to curb the human capital of groups, such as Hamas, designated as foreign terrorist organizations (“DFTOs”). As a result, the Court upheld a statute that bars “material support” of terrorist organizations, ruling that the statute bars speech coordinated with DFTOs, including training in negotiation or the use of international law. Some commentators have labeled HLP as heralding a …

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Guilty By Proxy: Expanding The Boundaries Of Responsibility In The Face Of Corporate Crime, Amy J. Sepinwall Jan 2012

Guilty By Proxy: Expanding The Boundaries Of Responsibility In The Face Of Corporate Crime, Amy J. Sepinwall

UC Law Journal

The BP oil spill and financial crisis share in common more than just profound tragedy and massive clean-up costs. In both cases, governmental commissions have revealed widespread wrongdoing by individuals and the entities for which they work. The public has demanded justice, yet the law enforcement response in both cases has been underwhelming. In particular, no criminal indictments have been sought for any of the corporations responsible for the Macondo oil-rig explosion or for the Wall Street banks involved in the financial meltdown. This governmental restraint reflects a deep-seated ambivalence about corporate criminal liability. Though scholars have been debating the …

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Shadow Citizens: Felony Disenfranchisement And The Criminalization Of Debt, Ann Cammett Jan 2012

Shadow Citizens: Felony Disenfranchisement And The Criminalization Of Debt, Ann Cammett

Scholarly Works

The disenfranchisement of felons has long been challenged as anti-democratic and disproportionately harmful to communities of color. Critiques of this practice have led to the gradual liberalization of state laws that expand voting rights for those who have served their sentences. Despite these legal developments, ex-felons face an increasingly difficult path to regaining the franchise. This article argues that, for ex-felons in particular, criminal justice debt can serve as an insurmountable obstacle to the resumption of voting rights and broader participation in society. This article uses the term “carceral debt” to identify criminal justice penalties levied on prisoners, “user fees” …

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Evading Legislative Jurisdiction, Austen L. Parrish Jan 2012

Evading Legislative Jurisdiction, Austen L. Parrish

Articles by Maurer Faculty

In the last few years, and mostly unnoticed, courts have adopted a radically different approach to issues of legislative jurisdiction. Instead of grappling with the difficult question of whether Congress intended a law to reach beyond U.S. borders, courts have side-stepped it entirely. Courts have done so by redefining the definition of extraterritoriality. Significant and contentious decisions in the Ninth and D.C. Circuits paved the way by holding that not all regulation of overseas foreign conduct is extraterritorial. And then suddenly, last term, the U.S. Supreme Court breathed life into the practice. In its landmark Morrison v. National Australia Bank …

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Finding A Forum For North Korea, Morse Tan Jan 2012

Finding A Forum For North Korea, Morse Tan

Faculty Articles, Papers, and Other Scholarship

North Korea’s gross and systematic violations of human rights violate international law, including contravention of the treaties that North Korea itself has ratified (i.e., the International Covenant on Civil and Political Rights; the International Covenant on Economic, Social and Cultural Rights; the Convention on the Rights of the Child; and the Convention on the Elimination of All Forms of Discrimination Against Women). Nevertheless, a surprising dearth of legal scholarship exists with respect to arguably the worst human rights situation in the world. This Article analyzes possible tribunals to provide a measure of redress for the victims of these heinous violations …

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The Influence Of The Introduction Of Baccalaureate Degree Programs On The Awarding Of Associate Degrees At Public Community Colleges, David Joseph Wesse Jan 2012

The Influence Of The Introduction Of Baccalaureate Degree Programs On The Awarding Of Associate Degrees At Public Community Colleges, David Joseph Wesse

LSU Doctoral Dissertations

Little research has been done to examine how the awarding of bachelor’s degrees, by community colleges, influences the traditional associate degree-granting role of these institutions. This quantitative study investigates the impact of this change on the community colleges that have been allowed to award bachelor’s degrees, examining how this change affects the traditional associate degree granting output of these institutions. The population for this study is all public community colleges in the United States that offer associate degrees, including those awarding bachelor’s degrees. A data query was used to collect the data for this study from the Integrated Postsecondary Education …

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Bloodstain Pattern Analysis : An Experiment In Forward Spatter, Kaelyn Heikens Jan 2012

Bloodstain Pattern Analysis : An Experiment In Forward Spatter, Kaelyn Heikens

Undergraduate Theses and Senior Projects

No abstract provided.

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Prevention Of Cyberstalking: A Review Of The Literature, Portland State University. Criminology And Criminal Justice Senior Capstone Jan 2012

Prevention Of Cyberstalking: A Review Of The Literature, Portland State University. Criminology And Criminal Justice Senior Capstone

Criminology and Criminal Justice Senior Capstone Project

With technological advances and increases in the number of people who can access and use technology, cyberstalking is a crime increasing in prevalence across the United States. The goal of this report is to provide a more clear understanding of the definition of cyberstalking, its prevalence, characteristics of both the victims and offenders of this crime, and the modus operandi of the crime. In addition, potential strategies to prevent cyberstalking will be discussed, including but not limited to changing internet behavior and educating the public about cyberstalking.

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Drinking With Friends: A Cellular Automata Approach To Modeling Peer Influence On Binge Drinking Behavior, Piper Jackson, Andrew Reid, Niki Huitson, Kathryn Wuschke, Vahid Dabbaghian Jan 2012

Drinking With Friends: A Cellular Automata Approach To Modeling Peer Influence On Binge Drinking Behavior, Piper Jackson, Andrew Reid, Niki Huitson, Kathryn Wuschke, Vahid Dabbaghian

Criminology and Criminal Justice Faculty Publications and Presentations

In this project, we adopt Cellular Automata (CA) modeling as a means to focus solely on the elements of concern: individual state (binging) and local interactions (peer pressure). CA models are well suited for exploring the dynamics that occur within a population, and are useful for visualizing the clustering behaviour of communities. With this more abstract approach, it is possible to simulate large populations with reasonable computational requirements.

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Resisting Criminalization Through Moses House: An Engaged Ethnography, Lance Arney Jan 2012

Resisting Criminalization Through Moses House: An Engaged Ethnography, Lance Arney

USF Tampa Graduate Theses and Dissertations

Neoliberal restructuring of the state has had destructive effects on families and children living in urban poverty, compelling them to adapt to the loss of social welfare and demolition of the public sphere by submitting to new forms of surveillance and disciplining of their individual behavior. A carceral-welfare state apparatus now confines and controls the bodies of expendable laborers in urban spaces, containing their threat to the neoliberal socioeconomic order through criminalization and workfare assistance, resulting in a new symbiosis of prison and ghetto. The resulting structures of punishment, police surveillance, and criminalization primarily surround African Americans living in high …

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Wrecking Recreation Center Relationships: How Policy Affects Urban Youth In Tampa, Florida, Brett A. Mervis Jan 2012

Wrecking Recreation Center Relationships: How Policy Affects Urban Youth In Tampa, Florida, Brett A. Mervis

USF Tampa Graduate Theses and Dissertations

This dissertation explores the impact of housing and recreation policy on Tampa's urban youth. Deconcentration policy suggests that public housing youth have improved life chances when relocated to mixed-income neighborhoods. In 2007, Tampa's Central Park Village (CPV) public housing complex was demolished and all families were relocated to new neighborhoods. Similarly, neoliberal policy advocates for the government's reduced role in poverty-alleviating mechanisms to include housing the poor and the funding of afterschool programs. To offset a smaller city budget due to state property tax rollbacks in the mid-2000's, Tampa Parks and Recreation instituted increased afterschool and youth sports participation fees. …

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Innocence And Federal Habeas After Aedpa: Time For The Supreme Court To Act, Joseph L. Hoffmann Jan 2012

Innocence And Federal Habeas After Aedpa: Time For The Supreme Court To Act, Joseph L. Hoffmann

Articles by Maurer Faculty

No abstract provided.

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Introduction: Masculinities, Multidimensionality, And Law: Why They Need One Another, Ann C. Mcginley, Frank Rudy Cooper Jan 2012

Introduction: Masculinities, Multidimensionality, And Law: Why They Need One Another, Ann C. Mcginley, Frank Rudy Cooper

Scholarly Works

No abstract provided.

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Interview Or Interrogation: A Critical Review Of The Efficacy And Ethicality Of Post-Conviction Sex Offender Polygraph Testing, Arthur J. Nelson Jan 2012

Interview Or Interrogation: A Critical Review Of The Efficacy And Ethicality Of Post-Conviction Sex Offender Polygraph Testing, Arthur J. Nelson

University Honors Theses

Recently the polygraph, despite its scientific dubiousness, has gained popularity across the globe within post-conviction sex offender management programs, even at times being mandated via judicial decree or legislation. Consequently, the application of this controversial device in sex offender rehabilitation has caused much heated, and at times muddled, debate amongst psychologists as to whether the polygraph is effective, or even ethical. This review surveys the current pool of literature concerning the efficacy and ethicality of the practice of post-conviction sex offender polygraph testing in order to give a clearer overview of the published literature, and to point at future directions …

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Advancing The Human Right To Housing In Post-Katrina New Orleans: Discursive Opportunity Structures In Housing And Community Development, Leigh Graham Jan 2012

Advancing The Human Right To Housing In Post-Katrina New Orleans: Discursive Opportunity Structures In Housing And Community Development, Leigh Graham

Publications and Research

In post-Katrina New Orleans, housing and community development (HCD) advocates clashed over the future of public housing. This case study examines the evolution of and limits to a human right to housing frame introduced by one nongovernmental organization (NGO). Ferree’s concept of the discursive opportunity structure and Bourdieu’s social field ground this NGO’s failure to advance a radical economic human rights frame, given its choice of a political inside strategy that opened up for HCD NGOs after Hurricane Katrina. Strategic and ideological differences within the field limited the efficacy of this rights-based frame, which was seen as politically radical and …

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