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Enhancing The Community Relations Service Arsenal: A Restorative Justice Solution For Community Conflicts With Local Law Enforcement That Have A Race-Relations Basis, David B. Rabbani

Cardozo Journal of Conflict Resolution

This Note proposes that restorative justice should be incorporated by the CRS to promote fairness and to foster a change in the definition of success for the agency to include more permanent and inspiring solutions that have the potential to prevent conflict in other parts of the country. Part A of Section II provides background on the shooting of Michael Brown and the reaction in both Ferguson and the U.S. in general along with perceptions and facts about race-relations in Ferguson. Part B of Section II focuses on the CRS and its creation, history, and methods. Part C of Section …

Reducing Recidivism Of Violent Offenders Through Victim-Offender Mediation: A Fresh Start, Laura Ravinsky

Cardozo Journal of Conflict Resolution

This Note will examine how VOM between victims and violent offenders improves the criminal justice system and reduces recidivism. The Note will propose that there is a better remedy for violent crime than punitive prison sentences absent genuine efforts to reform. In Section II, this Note will discuss the breakdown of the U.S. criminal justice system, particularly the excessive incarceration rate and the ineffectiveness of the current retributive scheme, followed by a history and overview of VOM. Next, it will discuss the issue of prison recidivism, how it affects our society on both a social and economic level, and the …

Funneled Into Prison: Race And Behavior Modification At A Mississippi Alternative School, Daniela Alexandria Griffin

Electronic Theses and Dissertations

African American youth are 3.5 times more likely than their white counterparts to be expelled from traditional public schools and sent to an alternative school—an exclusionary disciplinary setting focused on behavior modification. Yet how administrators and faculty supervise students’ behavioral achievement in these settings is seldom examined. This research investigates how faculty and administrators define and implement a behavior modification program at Richmond Learning Center, an alternative education setting in Mississippi, and places African American boys as young as 12 years old on a path to prison. To understand how faculty and administrators perceive and practice this program, I performed …

Black Students Resisting And Coping With Racism At Predominately White Institutions, Latierney Frazier

Electronic Theses and Dissertations

Black students attending predominately white institutions (pwis) have many obstacles to overcome while navigating their college career. Black students at pwis experience micro-aggressions and different forms of racial discrimination. Various studies have focused on the experiences of black students and some focused on the responses to their experiences in terms of coping; however, literature is lacking when it comes to how students of color at pwis are also effectively simultaneously resisting racism through their coping mechanisms. My research question is "how do black students at pwis cope with and resist the micro-aggressions found within the structure of new racism?" To …

Can We Forgive Those Who Batter? Proposing An End To The Collateral Consequences Of Civil Domestic Violence Cases, Joann M. Sahl

Akron Law Faculty Publications

Domestic violence is the most common tort committed in our country, involving nearly 1.3 million victims. When a domestic violence incident occurs, the press regularly reports it. Highlighted in these articles is the name of the perpetrator. Perpetrators identified as committing an act of domestic violence face public outrage, contempt, and stigma. This is particularly true if a court determines that the act of domestic violence necessitates a civil protection order (CPO) that bars the perpetrator from having any contact with the victim. Nearly 1.2 million people receive a CPO each year. More people use this civil remedy than those …

Can Law Stop Prosecution Of Afghanistan's Women And Girls For Moral Crimes? Searching For An Effective, Practical Legal Methodology, Tara S. Neal

Intercultural Human Rights Law Review

As a woman working in rule of law in Afghanistan, I was confronted on a daily basis by what it means to be female and the severity of those constraints. This realization began every morning with the choice of what to wear. The daily task of dressing myself in a manner that protected my safety, security, and reputation gave me a tiny glimpse into the lives of Afghan women. I discovered how law is used to reinforce traditional and cultural beliefs and the grave injustices served on Afghanistan's women and girls. I also discovered how vast sums of foreign money …

Mark D. Kielsgard, Responding To Modern Genocide: At The Confluence Of Law And Politics, Roza Pati

Intercultural Human Rights Law Review

This essay is a book review of Responding to Modern Genocide: At the Confluence of Law and Politics by Mark D. Kielsgard.

Childhood Sexual Abuse, Current Prevention Programs And Recommendations For Change, Allison R. Heater

Research Papers

No abstract provided.

Children, Diane Marie Amann

Scholarly Works

This chapter, which appears in The Cambridge Companion to International Criminal Law (William A. Schabas ed. 2016), discusses how international criminal law instruments and institutions address crimes against and affecting children. It contrasts the absence of express attention in the post-World War II era with the multiple provisions pertaining to children in the 1998 Statute of the International Criminal Court. The chapter examines key judgments in that court and in the Special Court for Sierra Leone, as well as the ICC’s current, comprehensive approach to the effects that crimes within its jurisdiction have on children. The chapter concludes with a …

Federal Restrictions On Tribal Customary Law: The Importance Of Tribal Customary Law In Tribal Courts, Concetta R. Tsosie De Haro, Dine Nation

Tribal Law Journal

This article examines the adverse effects of federal case law and legislation on tribal courts and tribal courts’ ability to incorporate tribal customary law. Tribal customary law is the law given to tribes by holy deities which governs tribal ways of life. It is important to maintain tribal customary law because it strengthens tribal communities’ identities and cultural foundations. While Supreme Court precedent has, at different times, both restricted and promoted tribes’ ability to use tribal customary law to adjudicate the cases of tribal members, federal legislation including the Major Crimes Act, the Indian Civil Rights Act, the Tribal Law …

Attitudes Toward Execution: The Tragic And Grotesque Framing Of Capital Punishment In The News, Katherine Shuy

Graduate Student Theses, Dissertations, & Professional Papers

This essay undertakes a detailed frame analysis of print and electronic media coverage of three nationally publicized death penalty cases between the years of 2014 and 2015. Drawing specifically from the work of Kenneth Burke (1984), this research argues that tragically framed death penalty cases reify victim/perpetrator discourses and cause the actual act of execution to be a fitting resolution within a narrative. Burke’s (1984) grotesque-mystical frame and Bakhtin’s (1984) theory of the grotesque body are used to argue that the media’s portrayal of botched executions help highlight the incongruities with the system of capital punishment, and cause audiences to …

Determinants Of State Firearms Policy Variation, Brandon Paul Kaskawal

University Honors Theses

The public policy landscape within the United States in regards to firearms is one which is inhabited by a large variation in policies. While many studies, such as those conducted by Azrael, Cook and Miller or O’Brien, Forrest, Lynott, and Daly, have looked at aspects of a states given firearms policy, little research has be conducted looking at why such a variation among state firearms policies exist. In order to uncover possible reasons for state firearms policy variation, this study looked at nine states as case studies along with six variables which are known to influence public policy. Utilizing the …

Attitudes Among Legal Professionals: Measuring For A Difference In Attitudes Towards Science, Jonathen N. Gates

University Honors Theses

Media provides an image of science, as used by law, in an unflattering light. Scientific experts are portrayed as misrepresenting and obscuring the truth of research to support a position at the behest of lawyers and their clients. This research examines the occurrence of "junk science" in courts and relates doctrinal and values theories to explain its presence. An investigation of attitudes towards science is conducted using General Social Survey data to test whether legal professionals hold more negative views towards the scientific community than peers in other fields. The regressions suggest that legal professionals may in fact have more …

The Impact Of Compliance With A Certified Accreditation Standard For Municipal Fire Departments, David Ryan Hickel

Online Theses and Dissertations

This report was conducted to assist public administrators serving in municipal fire departments in making the complex decision to pursue agency accreditation. The research finds that very little information is available to administrators that details the impacts accreditation has on a municipal fire department. The research conducted in this report aims to fill that gap.

Literature was reviewed that focused on the emergence of accreditation within the fire service. Then, an exploratory qualitative research method was utilized for the framework of this research, and interviews were arranged with members of various fire departments possessing unique relationships and experience with the …

Policing Celebratory Behavior: Tactical Vs. Relationship, A Micro Study Of Lexington Kentucky Police Response, Gregg Nelson Jones

Online Theses and Dissertations

In the last three plus decades, considerable attention has been given to certain common phases in the life cycle of gatherings, demonstrations, and riots in the United States. Much of the study focuses on theoretical origin and social psychology associated with each type of event. There is considerably less empirical work regarding police reaction to these events, particularly concerning celebratory behavior following a sporting event. Celebratory incidents are less organized than their protests counterpart. A variety of fans with collective zeal gather in a common location without leadership or mission. Celebratory behavior has become commonplace amongst fans in cities with …

On The Shithouse Wall: The Communicative Value Of Latrinalia, Thomas Lively

Online Theses and Dissertations

Graffiti has communicative value, and it is a medium through which individuals voice their innermost thoughts, concerns, and beliefs. Restroom graffiti or "latrinalia" offers a unique space for graffiti writers to deliver their messages. The sole focus of this paper is to examine the meaning and communicative value of latrinalia as found in the men's restrooms of a medium-sized university. For this study, restrooms in 17 buildings were visited and a total of 965 instances of graffiti were recorded and codified into 14 different categories. The four most common categories of latrinalia were signature, sexual, artistic, and discriminatory. Latrinalia was …

Nemo's Plight: Political Economy, Green-Cultural Criminology, And Fish Abuse, Jordan Edward Mazurek

Online Theses and Dissertations

Using the Marine Aquarium Fish Trade as a case study, I propose an integrated theoretical framework in green criminology that strengthens the political economic "treadmill of production" theory (see Lynch et al., 2013) by incorporating an analysis of the "cultural grease" that ensures the treadmill’s smooth operation. Choosing fish as a subject matter, though, requires challenging the "thoroughgoing speciesism" (Beirne, 1999) inherent in the mammalian-centric animal abuse literature. To do this I draw from research in marine biology and animal cognition to philosophically establish that fish are moral agents, "subjects-of-a-life" (Regan, 1983) on par with mammals and thus worthy of …

Chaos Criminology: A Critical Inquiry, Adrienne Leigh Mccarthy

Online Theses and Dissertations

There has been a push since the early 1980’s for a paradigm shift in criminology from a Newtonian-based ontology to one of quantum physics. Primarily this effort has taken the form of integrating Chaos Theory into Criminology into what this thesis calls ‘Chaos Criminology’. However, with the melding of any two fields, terms and concepts need to be translated properly, which has yet to be done. In addition to proving a translation between fields, this thesis also uses a set of criteria to evaluate the effectiveness of the current use of Chaos Theory in Criminology. While the results of the …

Assessing The Effectiveness Of Safety Training Provided To Corrections Personnel In Appalachia, Ali K. Al Yammahi

Online Theses and Dissertations

The context of the study was assessment of whether corrections officers in Appalachia are receiving adequate health and safety training who attended health and safety trainings sessions provided by the OSHA Training Institute and Education Center on the campus of Eastern Kentucky University. Participants included in the study were corrections officers who have been working in corrections for a minimum of two years. Participants were required to be working in Appalachian corrections during distribution of the questionnaire. Participants were selected by using convenience and snowball sampling procedures. The questionnaire was sent on 4 separate occasions, 10 of the expected 30 …

Anonymity, Cybercrime, And The Connection To Cryptocurrency, Jesse D. Bray

Online Theses and Dissertations

Cybercrime currently poses a significant threat to the infrastructure of the United States. It can exploit vulnerabilities within the Critical Infrastructure or (CI) systems that are increasingly interconnected. Although the increased interconnectedness allows for easier and more efficient communication it creates vulnerabilities that did not exist ten years ago. A lack of a standardized definition of cybercrime has made it increasingly difficult to create policy that will allow for more efficient interagency cooperation and concrete laws regarding cybercrime. Cybercrime thrives on the anonymity of the Internet with the use of specific browsers, The Onion Router for example, to access information …

A Mediacentric Examination Of The Corporate Psychopath, Pamela Martha Brooks

Online Theses and Dissertations

The psychopathic personality disorder is an extraordinarily complex and multidimensional phenomenon. While its study has primarily focused on criminal and forensic populations, many researchers are broadening the scope of psychopathy research to include those in the corporate world. This, after striking similarities were revealed between the personalities of corporate leaders and clinically diagnosed psychopaths. One profession that may be attractive to psychopathic personalities is the media, specifically television and radio. This exploratory study utilized a blend of original and archival data. Calculated effect sizes were used to examine the existence of personality facets among three groups of media professionals and …

Carving A New Notch In The Bible Belt: Rescuing The Women Of Kentucky, Molly Dunn

Online Theses and Dissertations

In recent years, the trafficking of women and girls for sexual exploitation has become a major focus on the local, national, and global level. This is despite research, which has identified labor trafficking to be a significantly larger issue across the globe. The purpose of this research is to identify how human trafficking has come to be defined in Kentucky by examining how prominent local actors guide the state’s anti-trafficking movement. Through interactions with non-profit organizations, law enforcement, and concerned citizens, factors and forces that may shape the public’s conception of human trafficking were examined. While the stated goal of …

Law Enforcement’S Social Media Punitive Anomaly, Christopher Lloyd Freeman

Online Theses and Dissertations

This research is a descriptive study of the misuse of social media in law enforcement from 2011 to present. The research will use a content analysis of social media policies coupled with survey of 10 questions administered anonymously to students at the Department of Criminal Justice Training. This mixed method approach will attempt to explain the growing number of police officers and other law enforcement employees who find themselves in violation of the agency policies. The survey consists of Likert scale style questions concerning the agreement with and understanding of social media policies, as well as the perception of privacy …

Representation On The Courts? The Effects Of Trial Judges' Sex And Race, Christina L. Boyd

Scholarship@WashULaw

Scholars have long sought to resolve whether and to what degree political actor diversity influences the outputs of political institutions like legislatures, administrative agencies, and courts. When it comes to the judiciary, diverse judges may greatly affect outcomes. Despite this potential, no consensus exists for whether judicial diversity affects behavior in trial courts -- i.e., the stage where the vast majority of litigants interact with the judicial branch. After addressing the research design limitations in previous trial court-diversity studies, the statistical results here indicate that a trial judge's sex and race have very large effects on his or her decision …

Criminal Labor Law, Benjamin Levin

Scholarship@WashULaw

This Article examines a recent rise in suits brought against unions under criminal statutes. By looking at the long history of criminal regulation of labor, the Article argues that these suits represent an attack on the theoretical underpinnings of post-New Deal U.S. labor law and an attempt to revive a nineteenth century conception of unions as extortionate criminal conspiracies. The Article further argues that this criminal turn is reflective of a broader contemporary preference for finding criminal solutions to social and economic problems. In a moment of political gridlock, parties seeking regulation increasingly do so via criminal statute. In this …

Assessing Time Served, Patrick A. Woods

Cardozo Public Law, Policy & Ethics Journal

This article examines the utility of a new way of determining when increased punishment should be imposed pursuant to "three strikes" laws or other recidivist enhancements. In the past two years, Congress and the United States Sentencing Commission are each considering criminal justice reform measures that would use the length of time an offender spent incarcerated as a proxy for the seriousness of his earlier criminal conduct. While this reform seems sound at first glance, this article ultimately concludes that its incorporation into current state and federal sentencing laws must be done carefully, if at all, and that doing so …

Said I, 'But You Have No Choice': Why A Lawyer Must Ethically Honor A Client's Decision About Mental Health Treatment Even If It Is Not What S/He Would Have Chosen, Michael L. Perlin, Naomi M. Weinstein

Cardozo Public Law, Policy & Ethics Journal

The article argues that lawyers representing individuals with mental disabilities have an ethical responsibility to prioritize their clients' expressed preferences and autonomy, rejecting the presumption that substituted decisionmaking is acceptable. It critiques the legal system's reliance on paternalistic approaches and highlights the importance of supported decisionmaking, as mandated by international human rights law, particularly under the Convention on the Rights of Persons with Disabilities (CRPD). The analysis emphasizes the need for legal frameworks and attorney practices to align with therapeutic jurisprudence, which prioritizes psychological well-being and dignity while upholding due process principles.

The President In His Labyrinth: Checks And Balances In The New Pan-American Presidentialism, Andrea Scoseria Katz

Scholarship@WashULaw

This dissertation presents a theory of the separation of powers centered on the President’s “power to persuade.” To meet the imperial public expectations placed on the office in the modern age, the President will reliably try to supplement his limited formal powers by convincing others to support his agenda, the people, party allies, and courts being the most important. The President’s techniques of persuasion fall into three regular categories. First, there is “going public,” or popular leadership, where the President turns the force of popular majorities into a tool for shaping policy or legislative outcomes. Second is executive law-making, whereby …

One Last Word On The Blackstone Principle, Daniel Epps

Scholarship@WashULaw

In "The Consequences of Error in Criminal Justice," I analyzed and critiqued the "Blackstone principle" — shorthand for the common intuition that a criminal justice system should strive to minimize false convictions, even at the expense of creating more false acquittals and more total errors overall. Joel Johnson's "Benefits of Error in Criminal Justice" is a thoughtful and well-crafted response to my article. In this short reply, I offer some thoughts on Johnson’s arguments, while also addressing two other recent responses by Laura Appleman and by John Bronsteen and Jonathan Masur. While I use this opportunity to clarify and defend …

Armstrong State University 2016 Fact Book, Armstrong State University

Armstrong Office of Institutional Research: Armstrong Fact Books (Archived)

No abstract provided.