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To Be Judged By Twelve Or Carried By Six? Quasi-Involuntariness And The Criminal Prosecution Of Service Members For The Use Of Force In Combat - A Grunt's Perspective, Lupe Laguna

Journal of Criminal Law and Criminology

Post-9/11 conflicts have altered the way that the United States of America and her allies fight wars. Over the last ten years military commanders have embraced counterinsurgency doctrine as the path to victory in the War on Terror. As they have done so, commanders have been faced with the difficult task of balancing the need to protect local civilian populations with the need to proactively target insurgent fighters. To accomplish this mission, the military has adopted rules of engagement that allow a service member to engage a target when he or she perceives that the target exhibits “hostile intent.” The …

The Psychology Of Workplace Deviant & Criminal Behavior, William Brice, Deborah E. Rupp

Journal of Criminal Law and Criminology

The 2013 book Deviant and Criminal Behavior in the Workplace addresses the psychological constructs, situations, and environments underlying active counterproductive workplace behaviors. Building on a diverse range of psychological findings, this book highlights that the field of criminology needs to expand outside of the realm of violence and instead look at how deviant workplace behaviors can tie into—and motivate—other types of crime.

Lawful Or Fair? How Cops And Laypeople Perceive Good Policing, Tracey L. Meares, Tom R. Tyler, Jacob Gardener

Journal of Criminal Law and Criminology

Legal authorities and the public live in two separate worlds. One world is suffused with law, and the other world is suffused with people’s lived experiences that support their evaluations of fairness. When legal authorities consider whether police policies and practices are desirable, a framework regarding the lawfulness of the relevant policies and practices dominates the conversation. Police departments, their policies, and police officers’ actions are viewed as right or wrong with reference to constitutional standards, as interpreted by prosecutors, judges, and other legal actors. In contrast, we argue that the public is generally insensitive to the question of whether …

Estimating The Prevalence Of Entrapment In Post-9/11 Terrorism Cases, Jesse J. Norris, Hanna Grol-Prokopczyk

Journal of Criminal Law and Criminology

How many of the terrorism convictions since September 11, 2001 have been the product of entrapment? Some scholars and journalists have suggested that the number is quite high. One report went so far as to claim that only 1% of terrorism prosecutions involve “real” terrorism. The government’s defenders, at the opposite extreme, come close to saying that entrapment in a terrorism case is a contradiction in terms.

Little empirical basis exists for evaluating these competing claims. Existing literature on terrorism and entrapment is typically based on detailed discussions of a few egregious cases, rather than systematic analysis of the phenomenon. …

Symposium On The Center On Wrongful Convictions: Foreward, Karen L. Daniel

Journal of Criminal Law and Criminology

No abstract provided.

An Ideological Odyssey: Evolution Of A Reformer, Rob Warden

Journal of Criminal Law and Criminology

No abstract provided.

Remembering Disputed Sexual Encounters: A New Frontier For Witness Memory Research, Deborah Davis, Elizabeth F. Loftus

Journal of Criminal Law and Criminology

This paper reviews sources of distortion in memory for sexual encounters, particularly those between intoxicated participants. We review factors leading to initial misinterpretations of sexual consent including the indirect nature of sexual consent communications, misleading cultural sexual scripts, misinterpretation of passivity, and others. In this context, we consider the way in which alcohol can both contribute to initial misunderstanding and promote specific distortions in memory over time. Finally, we discuss additional influences on memory, including motivations related to self-esteem, self-concept maintenance, or litigation, and the effects of social influence from sources such as friends, forensic interviewers or therapists.

The Unindicted Co-Ejaculator And Necrophilia: Addressing Prosecutors' Logic-Defying Responses To Exculpatory Dna Results, Jacqueline Mcmurtrie

Journal of Criminal Law and Criminology

This article addresses a prosecutor’s development of new and bizarre theories, particularly in cases involving confession evidence, to explain away exculpatory DNA results. In Juan Rivera’s case, the prosecutor’s theory for why sperm found inside the 11-year-old victim on the day she was murdered did not belong to Rivera was that she had sex with someone before Rivera came along and raped (but did not ejaculate) and murdered her. The unnamed-lover theory is used so often by prosecutors that it has a moniker: “the unindicted co-ejaculator.” In the case of the Dixmoor Five, teenagers convicted of the rape and murder …

The Chronic Failure To Discipline Prosecutors For Misconduct: Proposals For Reform, Thomas P. Sullivan, Maurice Possley

Journal of Criminal Law and Criminology

While most prosecutors adhere to the maxim that their primary task is to obtain just results, there are some who violate their ethical responsibilities in order to rack up convictions. This article describes the distressing, decades-long absence of discipline imposed on prosecutors whose knowing misconduct has resulted in terrible injustices being visited upon defendants throughout the country. Many honorable lawyers have failed to speak out about errant prosecutors, thus enabling their ethical breaches. The silent accessories include practicing lawyers and judges of trial and reviewing courts who, having observed prosecutorial misconduct, failed to take corrective action. Fault also lies with …

Who Could It Be Now? Challenging The Reliability Of First Time In-Court Identifications After State V. Henderson And State V. Lawson, Aliza B. Kaplan, Janis C. Puracal

Journal of Criminal Law and Criminology

Despite the recent advances in assessing the reliability of eyewitness identifications, the focus to date has largely been identifications made pretrial. Little has been written about identifications made for the first time in the courtroom. While in-court identifications have an extraordinarily powerful effect on juries, all such identifications are potentially vulnerable to post-event memory distortion and decay. Absent an identification procedure that effectively tests the witness’s memory, it is impossible to know if the witness’s identification of the defendant is a product of his or her original memory or a product of the extraordinarily suggestive circumstances created by the in-court …

Prohibition, Stare Decisis, And The Lagging Ability Of Science To Influence Criminal Procedure, Wesley M. Oliver

Journal of Criminal Law and Criminology

Science has revealed that, contrary to longstanding intuitions, eyewitnesses are sometimes mistaken and false confessions do occur. The methods police use to obtain identifications and confessions can affect their reliability. Yet criminal procedure does not deter investigatory methods that produce unreliable evidence as thoroughly as it does those methods that produce reliable evidence. If an officer conducts an illegal search of a car trunk, the evidence is excluded and subsequently officers know that they must follow the rules if they hope to admit the fruits of such searches. If, however, an officer creates a suggestive lineup—which risks a false conviction—the …

Prosecutors And Victims: Why Wrongful Convictions Matter, Jeanne Bishop, Mark Osler

Journal of Criminal Law and Criminology

Often, discussions of wrongful convictions focus almost entirely on the wrongfully convicted and ignore two important constituencies: prosecutors and crime victims. Both constituencies have unique connections to wrongful convictions and should be recognized as potentially powerful allies for change. Prosecutors are deeply committed to justice and to the outcomes of their cases; they can help identify and correct wrongful convictions and introduce policies to avoid wrongful convictions in the first place. Wrongful convictions matter to crime victims because convicting the wrong person leaves the real perpetrator free to commit more crimes, creates a new, innocent victim, and drains resources that …

Paternal Incarceration And Adolescent Well-Being: Life Course Contingencies And Other Moderators, Raymond R. Swisher, Unique R. Shaw-Smith

Journal of Criminal Law and Criminology

No abstract provided.

Some Sources Of Crime Guns In Chicago: Dirty Dealers, Straw Purchasers, And Traffickers, Philip J Cook, Richard J. Harris, Jens Ludwig, Harold A. Pollack

Journal of Criminal Law and Criminology

No abstract provided.

Forward: The Past And Future Of Guns, James Lindgren

Journal of Criminal Law and Criminology

No abstract provided.

Strain Drain: A Qualitative Analysis Of The Impact Of Mortgage Strain Recovery Strategies On Health Outcome And Behaviors, Anastasia Beletsky

Public Health Theses

When individuals enter into mortgage delinquency or foreclosure, the benefits of home become threatened. How individuals respond to economic stress, and the strategies they use to recover, provides insight into personal spending priorities, the importance of healthcare for such individuals, and resulting health outcomes and behaviors. This paper aims to explore how foreclosure and mortgage strain act as distal or upstream determinants of health for a small sample of individuals from an urban African-American community. It presents a qualitative analysis of how individuals’ experiences with, attitudes concerning and circumstances surrounding mortgage delinquency, and their recovery from it, impact health. It …

Consumer Protection And Cybersecurity: The Consumer Education Gap, David Serabian

Brookings Mountain West Publications

Consumer cyber protection as it relates to the threat of cyber insecurity is an increasingly critical issue with cyberattacks on major businesses such as Target and Sony. Over 100 million Americans to date have had their financial information compromised, and in the ten-year history of Verizon’s Payment Card Industry investigations no companies were compliant with Payment Card Industry standards at the time of the attack. In March 2015, the FCC fined AT&T $25 million for failing to adequately provide cybersecurity that resulted in almost 300,000 people having their personal and financial information compromised. It was the largest in FCC history …

Soc 3622 : Population, Sociology And Anthropology

Approved Course Proposals

No abstract provided.

Rec 1780 : Introduction To Recreation Services, Recreation Studies

Approved Course Proposals

No abstract provided.

"The Terror Within:" Neoliberalism And The Rhetoric Of The Obesity Crisis, Anna Hensley

Dissertations - ALL

This dissertation focuses on specific discourses within the rhetoric of the "obesity crisis" that position the fat body as a threat to U.S. military power and national identity. Since 9/11, there has been a growing rhetoric that frames obesity as a threat to national security that is weakening U.S. military forces and straining the U.S. economy through increased health care costs and lower worker productivity. Drawing on research from rhetorical studies, transnational feminism, and disability studies that highlight the way that discourses surrounding the body are used to limit access to citizenship and rhetorical agency, this research analyzes the material …

Mediated Motherhood: Discourse And Maternal Identity In The Digital Age, Melissa A. Vaillancourt

Dissertations - ALL

The ubiquity of the smartphone is both celebrated and contested, since the possibility of constant connectivity is seen as simultaneously inviting and exciting on the one hand, and demanding and burdensome on the other. This thesis uses discourse analysis to analyze a television interview and an online comment forum to shed light on the ways in which experts and mothers talk about the impacts of technology on family interaction and parenting practices. I consider how both experts and parents discursively construct the family-technology relationship by analyzing how parents communicate about technology use (both their own and their children's), the emotional …

Soc 3660 : Social Organization, Sociology And Anthropology

Approved Course Proposals

No abstract provided.

Culpability Through Anonymity: Why Navarette V. California Vastly Lowers The Standard For Reasonable Suspicion Based Solely On Anonymous Tips, Joshua Aberman

Loyola of Los Angeles Law Review

No abstract provided.

Nebraska Coalition Of Juvenile Justice Strength-Based Assessment, Ryan E. Spohn

Reports

The Nebraska Coalition for Juvenile Justice (NCJJ) was established in 1982, as required by the Juvenile Justice and Delinquency Prevention Act and acts as an advisory group to the Nebraska Crime Commission. In 2013, NCJJ submitted a technical assistance request for strategic planning to the State Relations and Assistance Division of the Office of Juvenile Justice and Delinquency Prevention (OJJDP) seeking assistance in the development of an action oriented, strategic plan to guide its future activities. The OJJDP technical assistance meeting occurred on May 30th and 31st, 2013.

One of the recommendations resulting from this technical assistance meeting was that …

Annual Report 2015, Nebraska Center For Justice Research, University Of Nebraska At Omaha, Ryan E. Spohn

Reports

The Nebraska Center for Justice Research (NCJR) was established in 2014 with a mission to develop and sustain criminal justice research capacity internal to the State of Nebraska. Our goal is to assist the Legislature, justice agencies, practitioners, foundations, and stakeholders with research and evaluation to reduce recidivism, promote the use of evidence-based practices, and improve public safety. This inaugural annual report summarizes the activities and financial status of NCJR in its first year. From a research standpoint, we are very excited about the reports our Center has produced in its inaugural year. For example, we created a Trends in …

Nebraska Coalition Of Juvenile Justice Strength-Based Assessment, Ryan E. Spohn

Reports

The Nebraska Coalition for Juvenile Justice (NCJJ) was established in 1982, as required by the Juvenile Justice and Delinquency Prevention Act and acts as an advisory group to the Nebraska Crime Commission. In 2013, NCJJ submitted a technical assistance request for strategic planning to the State Relations and Assistance Division of the Office of Juvenile Justice and Delinquency Prevention (OJJDP) seeking assistance in the development of an action oriented, strategic plan to guide its future activities. The OJJDP technical assistance meeting occurred on May 30th and 31st, 2013. One of the recommendations resulting from this technical assistance meeting was that …

The Forgotten Jurisprudential Debate: Catholic Legal Thought’S Response To Legal Realism, John M. Breen, Lee J. Strang

Faculty Publications & Other Works

No abstract provided.

Sexual Assault Reports To The Police: A Pilot Investigation Of The Factors That Influence Victimization Reporting And Victim Perceptions Of Police Responses, Hailey A. Powers

Undergraduate Theses, Professional Papers, and Capstone Artifacts

The purpose of this study is to examine issues associated with the reporting of sexual assault victimization to the police and police responses to these reports. The information gathered will be used to inform best practices regarding future responses by the Missoula Police Department (MPD) and other stakeholders. The information will also be used to inform a larger investigation that will take place after the current pilot phase of the project ends. Evidence gathered from the data collected shows that many officers are conducting successful interviews with survivors of sexual assault. A majority of respondents state that detectives made them …

Of Word Grenades And Impermeable Walls: Imperial Scholarship Then And Now, Juan F. Perea

Faculty Publications & Other Works

No abstract provided.

Antisemitism And Hate Speech Studies, Alexander Tsesis

Faculty Publications & Other Works

No abstract provided.