Digital Commons Network^™

Is The Effect Of Procedural Justice On Police Legitimacy Invariant? Testing The Generality Of Procedural Justice And Competing Antecedents Of Legitimacy, Scott E. Wolfe, Justin Nix, Robert Kaminski, Jeff Rojek

Criminology and Criminal Justice Faculty Publications

Objectives

This study tests the generality of Tyler’s process-based model of policing by examining whether the effect of procedural justice and competing variables (i.e., distributive justice and police effectiveness) on police legitimacy evaluations operate in the same manner across individual and situational differences.

Methods

Data from a random sample of mail survey respondents are used to test the “invariance thesis” (N = 1681). Multiplicative interaction effects between the key antecedents of legitimacy (measured separately for obligation to obey and trust in the police) and various demographic categories, prior experiences, and perceived neighborhood conditions are estimated in a series of multivariate …

Masthead And Front Matter

Washington and Lee Law Review

No abstract provided.

Constitutional Regulation Of Forensic Evidence, Brandon L. Garrett

Washington and Lee Law Review

No abstract provided.

Professional Correctional Management Operating A Death Row Population: Putting Theory Into Practice, Toni V. Bair

Washington and Lee Law Review

No abstract provided.

Mental Illness, Severe Emotional Distress, And The Death Penalty: Reflections On The Tragic Case Of Joe Giarratano, Richard J. Bonnie

Washington and Lee Law Review

Joe Giarratano was on death row for twelve years, and remains incarcerated today, because mental illness and severe emotional distress wholly undermined reliable adjudication in his case. Using Giarratano’s remarkable story as a case study, I illustrate some of the ways in which mental illness and acute emotional distress can lead to unreliable findings and judgments and—even worse—can actually propel the criminal justice system toward a death sentence. I cover the unreliability of his confession, his impaired ability to assist counsel, his impaired capacity to make a rational decision regarding whether to initiate or continue post-conviction proceedings, his diminished mental …

The Supreme Court’S Talmudic Debate On The Meanings Of Guilt, Innocence, And Finality, Jonathan D. Colan

Washington and Lee Law Review

No abstract provided.

The Demise Of Capital Clemency, Paul J. Larkin Jr.

Washington and Lee Law Review

No abstract provided.

Matters Of Strata: Race, Gender, And Class Structures In Capital Cases, Phyllis Goldfarb

Washington and Lee Law Review

No abstract provided.

Post-Trial Plea Bargaining In Capital Cases: Using Conditional Clemency To Remove Weak Cases From Death Row, Adam M. Gershowitz

Washington and Lee Law Review

Plea bargaining accounts for over ninety percent of criminal convictions and it dominates the American criminal justice system. Yet, once a defendant is convicted, bargaining almost completely disappears from the system. Even though years of litigation are on the horizon, there is nearly no bargaining in the appellate and habeas corpus process. There are two reasons for this. First, prosecutors and courts typically lack the power to alter a sentence that has already been imposed. Second, even if prosecutors had the authority to negotiate following a conviction, they would have little incentive to do so. Affirmance rates in ordinary criminal …

To Promote Or Not To Promote: An Inquiry Into The Experiences Of Female Police Officers And Their Decisions To Pursue Promotion, Kristin Poleski

Dissertations

Despite an increase in the number of female police officers in U.S. police agencies, female representation in supervisory (sergeant and lieutenant) and command (captain, assistant chief and chief) positions in most agencies is limited. This research study focuses on the promotional aspirations as an explanation of limited female representation with attention to the decision-making criteria female police officers use when deciding to participate in the promotional process. This study also examines the institutional, political, organizational structures, and/or personal factors which may impact the female police officers’ decisions to participate in the promotion process. And, this study examines a factor mentioned …

The Rwandan Diaspora In Canada And The United States: Reconciliation And Justice, Jennifer J. Marson

Dissertations

This dissertation analyzed the attempts at achieving justice and reconciliation among the Rwandan diaspora located in Canada and the United States. Following the 1994 Rwandan genocide, many Rwandans fled and a modest diaspora found a home in various locations throughout Canada and the United States. The diaspora, located thousands of miles from the institutional mechanism of justice and reconciliation in Rwanda, are subject to many of the same concerns regarding justice and reconciliation as those who remain in Rwanda. This research focused primarily on how this specific diaspora attempted to achieve justice and reconciliation, if institutional mechanisms (gacaca) in Rwanda …

Editorial, Franziska Dubgen

Wagadu: A Journal of Transnational Women's & Gender Studies

Epistemic injustice gives a name to experiences that we struggle to articulate due to the injuries of hegemonic speech. This normative grammar seeks to enable social philosophers and activists alike to name experiences of injustice that have not been previously addressed as such. This includes experiences that we cannot make sense of because the society we live in does not provide a vocabulary to make them intelligible or because we are not entitled to give them a name due to our specific identity position, which supposedly disables us from judging matters objectively. By looking at epistemic injustice in practice, this …

Capitalism, Social Institutions, And Pathways To Crime: Reconstructing Institutional Anomie Theory, Amanda Marie Smith

Dissertations

Messner and Rosenfeld (1994; 2013) developed the Institutional Anomie Theory (IAT) as an explanation for the high rates of serious crime in the United States. They theorize that high serious crime rates are the result of a culture that values material gain as the primary goal (i.e., the American Dream) with a weak social institutional structure. This study argues that IAT must be reconstructed because Messner and Rosenfeld: (1) discount religion as a social institution of importance, (2) exclude high inequality as a source of structural blockages, and (3) use the concept of the American Dream as a proxy for …

Intimate Partner Violence In A Conservative Christian Denomination: Prevalence And Risk Factors, Carolyn Sallion-Love

Loma Linda University Electronic Theses, Dissertations & Projects

This study examines the prevalence and risk factors of intimate partner violence (IPV) in a Christian denomination. To date, no studies have been found in the literature that looked at IPV in a Christian denomination in South America, Latin America, and the Caribbean. Little is known regarding how church members from these countries experience victimization from IPV. One 2002 Inter-American Division (IAD) data set provides some insight into IPV; and the Seventh-day Adventist (SDA) Church has analyzed cross-sectional data of more than 7,000 SDA respondents from the study area of interest. Discriminant function analysis (DFA) was used to determine if …

The United States Supreme Court (Mostly) Gives Up Its Review Role With Ineffective Assistance Of Counsel Cases, Paul Marcus

Faculty Publications

No abstract provided.

“Merchants And Thieves, Hungry For Power”: Prosecutorial Misconduct And Passive Judicial Complicity In Death Penalty Trials Of Defendants With Mental Disabilities, Michael L. Perlin

Washington and Lee Law Review

No abstract provided.

Uwlaw, Fall 2016, Vol. 70

Alumni Magazines

No abstract provided.

New Trends In Diversity Leadership And Inclusive Excellence, Seth N. Asumah, Mechthild Nagel, Lewis Rosengarten

Wagadu: A Journal of Transnational Women's & Gender Studies

The process of reaching inclusive excellence, cultural competence and social justice in the academy has generated new questions for interlocutors of diversity studies and new meanings for diversity management. In recent years, more attention has been focused on one area in the academy that implements “diversity management”— Admissions offices. These units that serve as both diversity agents and gatekeepers for recruitment have come under scrutiny for failing to adopt a culturally competent or even “culturally intelligent” skill set for inclusive excellence. Furthermore, the complex approaches in reaching inclusive excellence in recruitment and retention that involve diversity management, which is ideally …

Candor In Criminal Advocacy, Bruce A. Green

Hofstra Law Review

This Article, in Monroe Freedman’s memory, examines prosecutors' and criminal defense lawyers' duties of candor to the court, focusing on candor in the narrow sense: i.e., disclosure of relevant information. After looking generally at lawyers' duties of candor, and then specifically at lawyers' duties of candor in criminal cases, the article explores two hard questions of candor to the court in the criminal sentencing context -- one involving a prosecutor's duty and the other involving criminal defense lawyer's duty. The exploration shows the wisdom of Freedman's insight that hard candor questions - and hard ethics questions generally - cannot be …

Do Prosecutors Really Matter?: A Proposal To Ban One-Sided Bail Hearings, Sandra Guerra Thompson

Hofstra Law Review

In about half of all local jurisdictions today, arrested individuals face a judge at a bail hearing without the assistance of counsel, and in many of those jurisdictions, prosecutors may appear on behalf of the state. This article questions whether prosecutors can function as “ministers of justice” within the context of a one-sided proceeding where defendants appear without counsel. The ABA Standards for Criminal Justice: Prosecution and Defense Function apparently took the position of preferring the presence of prosecutors in all cases, even those in which a party appears without counsel. The rules assign prosecutors in those cases to protect …

Go Fund Me, Please: Crowdsourcing For Bail As An Insufficient Surety, Susan Loeb

Hofstra Law Review

No abstract provided.

The Prosecutor's Ethical Duty To End Mass Incarceration, Angela J. Davis

Hofstra Law Review

No abstract provided.

How To Regulate Legal Services To Promote Access, Innovation, And The Quality Of Lawyering, Gillian K. Hadfield, Deborah L. Rhode

UC Law Journal

Scholars and critics have for decades advocated change in the professional regulation of legal services markets in order to solve the ever-widening gap in access to justice. One of the central obstacles to change has been concern about the impact of opening legal markets to new practitioners and business models on central professional values such as competence, loyalty, and independence. This Article argues that good regulatory solutions are available to ensure that more open and flexible professional models—ones that allow the practice of law by alternative providers and business structures—deliver high quality, lower cost, greater innovation, and more access to …

From Victims To Litigants, Elizabeth L. Macdowell

UC Law Journal

This Article reports findings from an ethnographic study of self-help programs in two western states. The study investigated how self-help assistance provided by partnerships between courts and nongovernmental organizations implicates advocacy and access to justice for domestic violence survivors. The primary finding is that self-help programs may inadvertently work to curtail, rather than expand, advocacy resources. Furthermore, problems identified with self-help service delivery and negative impacts on advocacy systems may be explained by the structure of work within self-help programs and the nature of partnerships to provide self-help services. The Author uncovers previously unseen impacts of self-help programs on survivors …

The Vicious Cycle Of Hate: Systemic Flaws In Hate Crime Documentation In The United States And The Impact On Minority Communities, Harbani Ahuja

Cardozo Law Review

No abstract provided.

Foreword: A New Frontier In Criminal Justice Reform, Kami Chavis

Faculty Publications

Each author featured in this issue of the Wake Forest Journal of Law & Policy explores different aspects of the criminal justice system in the United States, and they come to the same conclusion that there is widespread consensus that in order for our system to fully embody the ideals of our nation and our great Constitution, critical reforms must occur at every stage within the criminal justice process.

There is currently strong momentum and bipartisan support to encourage changes that will impact not only those currently imprisoned, but also those in the pipeline to prison, and recent policy shifts …

Taming The Wild West: Using Unsecured Bail Bonds In Nevada's Pretrial-Release Program, Hayley E. Miller

Nevada Law Journal

No abstract provided.

Toward A Feminist Political Theory Of Judging: Neither The Nightmare Nor The Noble Dream, Sally J. Kenney

Nevada Law Journal

No abstract provided.

Who You Callin' A Bitch? A Content Analysis Of The Images Used To Portray African American Women In Rap Music, Melanie Marie Lindsay

Electronic Theses, Projects, and Dissertations

Rap music has been a major force in American culture since the 1970s. It can be political, uplifting, and celebratory. It can also be misogynistic and degrading to women, the focus of the current research. This paper begins with a brief history of the importance of music in the African American community. It then provides a history of rap music and major influences on its development through the decades. A systematic comparison of Billboard’s top 5 rap videos for 2004 and 2014 follows. This section, the core analysis, compares the lyrical and visual content in terms of the representation of …

The Perception Of Vicarious Trauma Among Master Of Social Work Students, Breyana De Sha Jackson

Electronic Theses, Projects, and Dissertations

Social workers are being sought out more often to treat traumatized individuals. In turn, social workers are at risk of vicarious traumatization. Vicarious trauma is a form of indirect trauma that may occur by working with traumatized clients. Master of Social Work (MSW) students should be educated on vicarious trauma as they will have many responsibilities when they begin their work in the field; including treating traumatized individuals. Education on vicarious trauma could lessen the risks of experiencing the pathology. The purpose of this study is to explore the perception of vicarious trauma among MSW students. Sixty-seven students from the …