Digital Commons Network^™

Explaining The Body-Worn Camera Perspective Bias, Rémi Boivin, Camille Faubert, Annie Gendron, Bruno Poulin

Qualitative Criminology (QC)

"Body-worn cameras (BWCs) can be used to provide video evidence that is expected to help settle cases quickly. The present study explores the assumption that everyone who watches a recorded intervention will have the same understanding of the images. Focus groups were conducted with different people: citizens from the general population, in-training police candidates and cadets, as well as experienced police officers. The aim was to provide insights into how a potential BWC perspective bias affects attitudes towards use of force incidents. Results suggest that the bias has more effect on those without actual experience of police work. In particular, …

“A Victim Is A Victim:” Lgbt Blindness Among Victim Assistance Workers, Michael C. Lasala, James P. Fedor

Qualitative Criminology (QC)

"LGBT crime victims underutilize victim assistance services because they fear secondary victimization by homophobic and insensitive workers and organizations. However, assessment of the perceptions and competence of those working with these populations is largely absent from the literature. To address this gap, we qualitatively investigated 83 victim assistance workers and administrators regarding their practices with LGBT victims. Overall, respondents believed that a victim’s sexual orientation or gender identity was irrelevant, which was well-meaning but potentially perpetuated a type of LGBT cultural blindness to the needs of these populations, not dissimilar to color blindness among some white service providers toward African …

“Driver’S License, Military Id, And Proof Of Registration And Insurance, Please”: Officer Discretion Surrounding Traffic Stops On An Air Force Installation, Steven L. Holman, Don Hummer

Qualitative Criminology (QC)

"Officer discretion is an oft-debated topic in American culture today. A plethora of research has been conducted on how local, county, and state law enforcement officers use their discretionary authority specific to enforcement of moving violations and the initiation of traffic stops, however to date, no such work has been conducted on a policing entity within the United States military. Through observational ride alongs and unstructured discussion with participants, this study breaks that barrier and assesses how one particular Air Force installation’s law enforcement officers exercise their authority."

“Sometimes I’M Just Wearing The Prosecutor Down”: An Exploratory Analysis Of Criminal Defense Attorneys In Plea Negotiations And Client Counseling, Jacqueline G. Lee, John W. Ropp

Qualitative Criminology (QC)

"As plea bargains have proliferated in the criminal justice system, scholars have been working to better understand their mechanics. There have been a few recent examinations of plea bargaining, but the literature lacks qualitative research that gives the defense sufficient attention. Using a sample of courtroom practitioners in one large, urban county, we examine defense attorney bargaining and client counseling tactics. Results demonstrate that defense attorneys use a variety of strategies for negotiation, including sharing humanizing information about their clients with the prosecutor and utilizing delay tactics. Results also suggest that attorneys counsel their clients about plea offers in varying …

Understanding The Motivations Of Citizens To Join A Community Posse Initiative: A Qualitative Analysis, Michael Mcskimming

Qualitative Criminology (QC)

"This qualitative study examines a community posse initiative initiated by the Clearfield County Sheriff’s Office in Pennsylvania in 2015. In this research, we aimed to understand the motivations of volunteers who joined the posse initiative and identify the factors that affect citizens’ decisions to contribute to a volunteer policing effort. To do this, we collected data through semi-structured interviews with posse members and also obtained official data from the Sheriff’s Office. The major findings suggest that participants were motivated to join the posse out of feelings of duty/attachment to the community, a desire to help law enforcement, and a heightened …

Person-Based Proactivity And Community Relations: Examining Police Perspectives In Troubled Times, Vaughn J. Crichlow, Ross Deuchar, Seth Wyatt Fallik

Qualitative Criminology (QC)

"Deadly encounters between police and Black men have led to public outrage and increasing scrutiny of law enforcement. In response, some law enforcement leaders have called for more proactive strategies in high-crime areas. While many have criticized oppressive examples of proactivity, such as stopquestion- and-frisk, others have suggested that proactive approaches could be more effective if tailored to the needs of racial and ethnic minority residents. In this qualitative study, we explore these issues using data collected from interviews and participant observation with police officers at a Southern Police Department located near several low-income ethnic minority neighborhoods. The aim of …

Policing Internet Sex Trafficking, Johnny Nhan, Kendra N. Bowen

Qualitative Criminology (QC)

"Few studies have examined Internet sex trafficking through the lens of law enforcement working these cases. The purpose of this research is to explore the dynamic nature of policing sex trafficking in the online environment. The qualitative data was drawn from interviews with police investigators and detectives who work sex trafficking cases in two urban cities in Texas. The results suggest that the nature of sex trafficking has significantly evolved since the advent of social media, including the strategies for recruitment of workers and clients, making enforcement easier with some aspects and much more difficult with others. Additionally, law enforcement …

The Inluence Of Traditional Police Culture On The Activities Of School Resource O��Cers, Benjamin W. Fisher, F. Chris Curran, Samantha Viano, John Skinner

Qualitative Criminology (QC)

"School resource officers (SROs) have become increasingly prevalent in U.S. public schools, yet critics suggest that there is an inherent incompatibility between the cultures of police and education. However, research has not examined the extent to which some of the potentially incompatible elements of police culture exist among SROs. This study examines three elements of traditional police culture that are likely to be particularly incompatible with school settings— suspicion, danger anticipation, and unpredictability. Given SROs’ involvement in roles such as teaching and informal counseling that extend beyond the typical duties of police officers, it is unclear whether these elements of …

“I’Ve Never Been Straight Up Robbed Like That”: Resident Perceptions And Experiences Of Inner-City Police Raids, Marta-Marika Urbanik, Carolyn Greene

Qualitative Criminology (QC)

"Empirical research has consistently demonstrated that residents of disadvantaged and racialized inner-city neighborhoods across North America are subjected to disproportionate and omnipresent policing. Consequently, relationships between law enforcement officials and marginalized community members are often strained. Whilst a robust body of literature has examined how citizens perceive “every day” policing practices such as “carding,” stop and search, etc., it remains unclear how citizens perceive more invasive policing encounters—such as police raids. Drawing upon 35 interviews with residents of Toronto’s inner-city, this paper explores how community members experience, make sense of, and talk about police raids. Our data uncover widespread perceptions …

The Federal Sentencing Guidelines: A Guideline To Remedy Ohio's Sentencing Disparities For White-Collar Criminal Defendants, Joelle Livorse

Cleveland State Law Review

Over the past few decades, white-collar crimes have significantly increased across the country, especially in Ohio. However, Ohio’s judges are ill-equipped to handle the influx of cases. Unlike federal judges who are guided by the U.S. Sentencing Commission’s Federal Sentencing Guidelines, Ohio’s judges have significantly more sentencing discretion because the Ohio legislature provides minimal guidance for these crimes. As a result, Ohio’s white-collar criminal defendants are experiencing dramatic sentencing variations. To solve this problem, Ohio should look to the Federal Sentencing Guidelines and neighboring states to adopt and create an innovative sentencing model tailored to white-collar crime. Unlike the federal …

Apology And Restitution: The Psychophysiology Of Forgiveness After Accountable Relational Repair Responses, Charlotte Witvliet, Lindsey M. Root Luna, Everett L. Worthington Jr., Jo-Ann Tsang

Faculty Scholarship

Apology and restitution each represents wrongdoers’ accountable repair responses that have promoted victims’ self-reported empathy and forgiveness in crime scenario research. The current study measured emotional and stress-related dependent variables including physiological measures, to illuminate the links between predictors of forgiveness and health-relevant side effects. Specifically, we tested the independent and interactive effects of apology and restitution on forgiveness, emotion self-reports, and facial responses, as well as cardiac measures associated with stress in 32 males and 29 females. Apology and restitution each independently increased empathy, forgiveness, gratitude, and positive emotions, while reducing unforgiveness, negative emotion, and muscle activity above the …

Online Sex Trafficking Hysteria: Flawed Policies, Ignored Human Rights, And Censorship, Regina A. Russo

Cleveland State Law Review

On April 11, 2018, President Donald Trump signed the Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA) into law. The law, passed with bipartisan support, created a new federal offense that prohibits the use or operation of websites with the intent to "promote" or "facilitate" prostitution, expanded existing liability for federal sex trafficking offenses, and amended Section 230 of the Communications Decency Act. Touted as the "most important law protecting Internet speech," section 230 provides broad protection for online intermediaries that host or republish speech. It immunizes online intermediaries from liability for the things that third-party users …

Couples' Relationship Qualities And Child Behavior Problems, Erin Wallace Lovett

LSU Doctoral Dissertations

ABSTRACT

This dissertation examines couples’ relationship quality on child externalizing behavior problems. Family systems theory and Belsky’s determinants of parenting model posit that child behavior problems stem from problematic familial relationships and lack of support within the couple’s relationship. A secondary data analysis was conducted using data from the National Fragile Families and Child Wellbeing Study. The independent variables represent couples’ relationship quality and are affection/support, relationship instability, and coercion. Dependent variables represent child behavior problems and are aggression measured when children are age five and age nine, and rule-breaking behavior when the child is age nine. To examine what …

A Brief Essay Defending The Doctrine Of Objective Chances As A Valid Theory For Introducing Evidence Of An Accused’S Uncharged Misconduct, Edward J. Imwinkelried

New Mexico Law Review

Rule 404(b) has been described as the most controversial of the Federal Rules of Evidence. In many states, errors in the admission of uncharged misconduct evidence are the most common ground for reversal in criminal cases. Testimony about an accused’s other crimes can be so prejudicial that it is “often virtually decisive of the whole case.”

It would be a mistake to jettison the character evidence prohibition altogether. Evidence reformers should focus on improving the administration of the doctrine of objective chances rather than seeking its abolition.

Unsecured (Black) Bodies: How Baltimore Foreshadows The Dangers Of Racially Targeted Dragnet Policing Let Loose By Utah V. Strieff, Lucius T. Outlaw Iii

New Mexico Law Review

Through Utah v. Strieff, the Supreme Court has added to law enforcement’s arsenal of stripping people of their citizenship and humanity. This article strives to add to the growing criticism of Strieff in three ways.

First, it adds to the chorus of work exposing and criticizing the flawed legal reasoning of the majority opinion.

Next, by using Baltimore, Maryland’s recent policing history, this article shows how racially targeted dragnet policing was already a fact of life pre-Strieff for many black residents of our cities, and how this discriminatory policing tactic is fortified and encouraged by Strieff.

Finally, …

Unsettled Weather: The Need For Clear Rules Governing Intrusion Into Attorney-Client Communications, Blake R. Hills

New Mexico Law Review

The Sixth Amendment right to counsel is one of the most crucial parts of the criminal justice system. Because of the nature of crimes and investigations, the government or its agents will sometimes intrude into attorney-client conversations. The Supreme Court last addressed the impact of these intrusions over fifty years ago in Weatherford v. Bursey. Unfortunately, the Court failed to address many of the issues surrounding these intrusions. This failure has led to a split amongst the circuit courts of appeal, with a resulting system of rules that is based on where the intrusion occurred. This situation is untenable in …

Death Marks The Spot: Where Presumptions Against Pretrial Release Live In New Mexico Law, And Where They Should Move, Andrew J. Pavlides

New Mexico Law Review

Like other jurisdictions that have abolished the death penalty, New Mexico no longer has true capital offenses, where the potential of execution is still a legal punishment. The state has also undertaken cash bail reforms by enacting a constitutional amendment that seeks to detain individuals who pose a risk of flight or dangerousness, while never detaining anyone simply because they are financially incapable of posting bond. But, unlike many of the jurisdictions that have ceased the use of the death penalty and shifted away from cash bail, New Mexico approaches the pretrial release process uniformly, making no distinctions between felony …

Apology And Restitution: The Psychophysiology Of Forgiveness After Accountable Relational Repair Responses, Charlotte Vanoyen-Witvliet, Lindsey M. Root Luna, Everett L. Worthington Jr., Jo-Ann Tsang

Faculty Publications

Apology and restitution each represents wrongdoers’ accountable repair responses that have promoted victims’ self-reported empathy and forgiveness in crime scenario research. The current study measured emotional and stress-related dependent variables including physiological measures, to illuminate the links between predictors of forgiveness and health-relevant side effects. Specifically, we tested the independent and interactive effects of apology and restitution on forgiveness, emotion self-reports, and facial responses, as well as cardiac measures associated with stress in 32 males and 29 females. Apology and restitution each independently increased empathy, forgiveness, gratitude, and positive emotions, while reducing unforgiveness, negative emotion, and muscle activity above the …

The George-Anne Inkwell Edition, Georgia Southern University

The Inkwell

No abstract provided.

Social Contexts And Disconnectedness: A Mixed Methods Analysis Of Interrelated Effects Of Families, Peers, And Schools On African American Youth, Danielle R. Eugene

LSU Doctoral Dissertations

Youth disconnection, characterized as no school and no work in emerging adulthood, is widespread in American society with debilitating outcomes for each affected young person. Substantial rates of this phenomenon have been found for all youth groups; however, more recently the disconnection rate for African American youth has increased from 17.2% to 17.9% despite remaining flat or falling for all other major racial and ethnic groups. This study utilized a mixed methods approach to examine features of social contexts that explain how African American youth become disconnected from education and employment. This study involved analyzing qualitative data collected from student …

Mass Incarceration Is Dead, Long Live The Carceral State!, Naomi Murakawa

Tulsa Law Review

Reviewing: James Forman, Jr. - Locking Up Our Own: Crime and Punishment in Black America; Issa Kohler-Hausmann - Misdemeanorland: Criminal Courts and Social Control in an Age of Broken Windows Policing; Heather Schoenfeld - Building the Prison State: Race and the Politics of Mass Incarceration

Metamorphosis: Changing Oklahoma Law To Protect Children From Morphed Child Pornography, Caleb Beacham

Tulsa Law Review

No abstract provided.

The Parthenon, March 11, 2020, Amanda Larch, Blake Newhouse, Joelle Gates, Joe Artrip, Brittany Hively, Douglas Harding, Taylor Huddleston, Grant Goodrich, Sarah Ingram, Meg Keller

The Parthenon

The Parthenon, Marshall University’s student newspaper, was published by students Monday through Friday during the regular semester and weekly on Thursdays during the summer. Due to budgetary constraints, beginning with the 2018 Fall semester, the newspaper is only published one day a week (and once every other week during the summer). The editorial staff is responsible for the news and the editorial content.

Buprenorphine: Medication-Assisted Treatment: The Role Of Informed Consent, John Tyler Stocking

Health Law and Policy Brief

No abstract provided.

Telemedicine: The Solution To The Opioid Crisis?, Margaret Reiney

Health Law and Policy Brief

No abstract provided.

"Patient Privacy": The Illusory Barrier To Fixing Missouri's Opioid Overdose Problem, Charlie Mckiver

Health Law and Policy Brief

No abstract provided.

Can Courts Stop Citizens From Prosecuting Criminal Cases Under The Clean Water Act?, Hannah Gardenswartz

Sustainable Development Law & Policy

No abstract provided.

Building An Ecosystem Of Support: An Evaluation Of North Dakota’S Community School Programs, Mckenzie Haines, Shelby Hubach, Jeanette Joyce, Betty Li Simpson, Lucy K. Fredericks, Lyndsi Engstrom, Nathan C. Anderson

National Youth Advocacy & Resilience Conference

Community school programs respond to students’ nonacademic needs so that they can focus on their learning. This session highlights a collaboration of organizations across North Dakota as they implement two community school programs. A shared evaluation plan supports the implementation of the two programs and will provide data to improve services provided to students.

Minority Stress Among Gay And Bisexual Men In Agricultural Occupations, Michael C. Parent, Garrett M. Steede

Journal of Rural Social Sciences

Research integrating the minority stress model and vocational behavior has used broad samples of sexual minority persons. Specific work contexts, particularly traditionally masculine work contexts, may be relevant areas to the integration of minority stress theory and vocational well-being. This study examined the relationship between workplace heterosexism and job satisfaction, as moderated by identity management and person-organization fit, among a sample of 114 sexual minority men, employed in agriculture, recruited from an online social network group. Contrary to prior research, integrating identity management did not moderate the relationship between workplace heterosexism and job satisfaction. Person-organization fit did moderate this relationship, …

Gypsies' And Travellers' Lived Experience Of Harm: A Critical Hate Studies Perspective, Zoë James

School of Law, Humanities and Social Sciences

This article sets out how a critical hate studies perspective can explain and illuminate the hate harms experienced by Gypsies and Travellers in the UK. In doing so, it directly responds to the question of how criminological theory can move beyond existing debates in studies of race and ethnicity and engage more effectively with the wider social sciences. The critical hate studies perspective provides a comprehensive theoretical approach to appreciating the harms of hate in late modernity. This framework challenges existing explanations for bias-motivated violence in society and proposes an approach that acknowledges the overarching role of neoliberal capitalism on …