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Criminal Justice And The Challenge Of Family Ties, Dan Markel, Jennifer M. Collins, Ethan J. Leib

Faculty Journal Articles and Book Chapters

This Article asks two basic questions: When does, and when should, the state use the criminal justice apparatus to accommodate family ties, responsibilities, and interests? We address these questions by first revealing a variety of laws that together form a string of family ties subsidies and benefits pervading the criminal justice system. Notwithstanding our recognition of the important role family plays in securing the conditions for human flourishing, we then explain the basis for erecting a Spartan presumption against these family ties subsidies and benefits within the criminal justice system. We delineate the scope and rationale for the presumption and …

The Influence Of Collective Efficacy On Reporting Crime Among College Students, Violet Angelina Colavito

UNLV Retrospective Theses & Dissertations

Colleges and universities often aim to create a sense of community and a neighborhood feel for students. University campuses are designed in ways that reflect the factors of social cohesion measured by Goudriaan, Wittebrood, and Nieuwbeerta (2006). Crime on college campuses is an important social issue. Data from the NCVS suggest that between 1995 and 2002, college students experienced an estimated 400,000 to 530,000 violent crimes each year; yet only about 35% of violent victimizations against college students were reported to the police (Baum 2005, and Hart 2003). Yet, research exploring the effect of social cohesion and collective efficacy on …

Law, Responsibility, And The Brain, Owen D. Jones, Hakwan C. Lau, Dean Mobbs, Christopher D. Frith

Vanderbilt Law School Faculty Publications

This article addresses new developments in neuroscience, and their implications for law. It explores, for example, the relationships between brain injury and violence, as well as the connections between mental disorders and criminal behaviors. It discusses a variety of issues surrounding brain fingerprinting, the use of brain scans for lie detection, and concerns about free will. It considers the possible uses for, and legal implications of, brain-imaging technology. And it also identifies six essential limits on the use of brain imaging in courtroom procedures.

The Feminist War On Crime, Aya Gruber

Publications

One of the most celebrated successes of the feminist movement is its lasting impact on domestic violence criminal laws. Today, society has moved from discourse characterizing domestic abuse as legitimate or merely a private problem to a belief that battering is a heinous crime, more egregious than garden-variety assault. I know all too well how far the pendulum has swung, having practiced as a public defender in the District of Columbia domestic violence system. Day after day, prosecutors proceeded with cases against the wishes of victims, resulting in the mass incarceration of young black men. Could this have been the …

Reconsidering Incarceration: New Directions For Reducing Crime, Don Stemen

Criminal Justice & Criminology: Faculty Publications & Other Works

Little empirical study had been done to confirm or refute the effectiveness of incarceration in reducing crime rates when America began its historic reliance on prisons in the 1970s. Today, conversely, policymakers are faced with a large, complex, and sometimes contradictory body of research. This paper seeks to help officials make sense of this information and offers an up-to-date understanding of what works best. It also examines research on several of the other factors that might be developed as part of an expanded notion of public safety. Informed by this more inclusive understanding of current research, it suggests that effective …

Opposing The Lottery In The U.S.: The Forces Behind Individual Attitudes Towards Legalization In 1975, Andrew J. Economopoulos

Business and Economics Faculty Publications

In the 1970s, opposition to the lottery started to fracture in the US. This study examines causes of the fracture and historical factors that contributed to changes in individual attitudes towards legalization. The opponents at the time held to traditional arguments against legalized lotteries—negative economic effects, costs to others and increased crime. Unlike in the past, however, there was weak religious institutional opposition to lotteries. Individuals with a strong commitment to their religious affiliation were more resistant to pro-lottery arguments, but in most cases could be convinced to support the lottery. The pre-World War II generation remained steadfast against the …

Annual Report Fiscal Year 2005-2006, Tennessee. Bureau Of Investigation.

Annual Report

No abstract provided.

Economic Well-Being And Intimate Partner Violence: New Findings About The Informal Economy, Loretta Pyles

The Journal of Sociology & Social Welfare

The purpose of this research was to explore the relationship between intimatep artnerv iolence (IPV) and women's participationin the informal economy (both legal and illegal) and their impact on economic well-being. This research was part of a National Institute of Justice (NIJ) study that was concerned with women's survival of childhood and adult abuse. For the 285 women that were in this sample, there were positive, medium correlations between IPV and various types of informal economic activity. Illegal informal economic activity, institutionalized informal economic activity, incarceration and physical abuse negatively impacted women's economic well-being.

Labeling And Deviance: Fraternities And Gangs, Cristina Masiello

Honors College Theses

Labeling has a large effect on individuals and how they are viewed by society and how they view themselves. Who makes the rules about gang members? What is a gang and what do they represent? Fraternities and street gangs have more similarities than most would imagine. Both take part in illegal activities, however, only one group is criminalized for it. Society labels certain individuals as deviants or gang members and potentially can cause systematic violence. Those with privilege are treated differently and excuses are made for them, leading them to believe that status can excuse anything.

The Model Federal Sentencing Guidelines Project: Adjustments For Guilty Pleas And Cooperation With The Government, Model Sentencing Guidelines §3.7 - 3.8, Frank O. Bowman Iii

Faculty Publications

This Article is the tenth of twelve parts of a set of Model Federal Sentencing Guidelines designed to illustrate the feasibility and advantages of a simplified approach to federal sentencing proposed by the Constitution Project Sentencing Initiative. The Model Sentencing Guidelines and the Constitution Project report are all to be published in Volume 18, Number 5 of the Federal Sentencing Reporter. The project is described in an essay titled 'Tis a Gift To Be Simple: A Model Reform of the Federal Sentencing Guidelines, available on SSRN at http://ssrn.com/abstract=927929. This segment of the project contains rules addressing cases in which the …

Testing Social Disorganization As It Pertains To Prostitution, Wynter Leighanne Edwards

Sociology & Criminal Justice Theses & Dissertations

The impact of crime on the community has gained notoriety within the sociological field over the last twenty years. With growing citizen concern it is important to understand the impact of crimes rates on communities. Social disorganization theory focuses on the relationship between crime and the community, however, little research has been done on social disorganization theory as it relates to victimless crimes such as prostitution. It is important to understand how variables derived from social disorganization theory explain levels of prostitution across neighborhoods. This is important because victimless crimes such as prostitution often act as precursors to greater crime …

The “Csi Effect”: Better Jurors Through Television And Science?, Michael D. Mann

ExpressO

This Comment discusses how television shows such as CSI and Law & Order create heightened juror expectations. This will be published in the Buffalo Public Interest Law Journal's 2005-2006 issue.

Notorious Murders, Black Lanterns, And Moveable Goods: Transformation Of Edinburgh's Underworld In The Early Nineteeth Century, Deborah A. Symonds

University of Akron Press Publications

The year 1828, when William Burke, William Hare, and their wives murdered nearly a score of Edinburgh’s poor and sold their bodies, is a time when entrepreneurial criminals in Edinburgh’s Old Town flourished. Young thieves ransacked a warehouse for tea, women pretending to be prostitutes lifted gentlemen’s watches, and fine linens disappeared from washerwomen’s houses. What Symonds reveals is a shadow economy where the most numerous of all criminals and thieves practice their trade not out of poverty and misery, but because it is their means of earning a living. Laborers and immigrants struggled to make a few pennies, and …

Crime In Tennessee 2005, Tennessee. Bureau Of Investigation.

Crime in Tennessee

No abstract provided.

Facing Evil, Joseph E. Kennedy

Michigan Law Review

It is no earthshaking news that the American public has become fascinated- some would say obsessed-with crime over the last few decades. Moreover, this fascination has translated into a potent political force that has remade the world of criminal justice. Up through the middle of the 1960s crime was not something about which politicians had much to say. What was there to say? "Crime is bad." "We do what we can about crime." "Crime will always be with us at one level or another." Only a hermit could have missed the transformation of crime over the last couple of decades …

Behavioral Genetics And Crime, In Context, Owen D. Jones

Law and Contemporary Problems

Jones explains the relationship between behavioral genetics and other disciplines in behavioral biology. He compares the potential contributions of behavioral genetics and behavioral ecology and suggests how the diverging efforts could be joined. He also notes that criminal law is but one of many fields of law potentially affected by behavioral genetics.

The Floating Population And Crime In Contemporary China, Jonathan Wade Lopez

Sociology & Criminal Justice Theses & Dissertations

Since the late 70's in China there has been a dramatic increase in both the floating population and criminal activity. Members of the floating population, numbering between 79 and 145 million, live apart from their place of official permanent household registration (hukou) and are ineligible for the state-sanctioned social and economic benefits which accompany permanent hukou status. Although the literature and the media suggest that the floating population is to blame for the marked increase in criminal activity, few statistical studies examine the relationship between these two phenomena. This study used data from an extensive population based survey conducted in …

Alaska Justice Forum ; Vol. 23, No. 1 (Spring 2006), Snodgrass Matthew N/A, Antonia Moras

Vols 21-30 (2004-2014)

The Spring 2006 issue of the Alaska Justice Forum features articles on case processing in sexual assault cases, a review of the report of the Rural Justice and Law Enforcement Commission, and a bibliography of six major commissions which have examined the spectrum of Alaska justice system issues since the early 1990s

Turning Jails Into Prisons—Collateral Damage From Kentucky's War On Crime, Robert G. Lawson

Law Faculty Scholarly Articles

The primary purpose of this article is to scrutinize Kentucky's ever-increasing reliance on local jails for the incarceration of state prisoners. This objective cannot be achieved without an examination of the problems that compel counties and cities to allow (and even encourage) the state to capture their jails for this use. The first half of the article (Parts I-IV) provides general information about jails (including some pertinent history), contains a detailed description of jail functions (including some that have descended upon jails by default), and concludes with a discussion of what the state has done over two decades to convert …

Dislocated And Deprived: A Normative Evaluation Of Southeast Asian Criminal Responsibility And The Implications Of Societal Fault, Jason H. Lee

Michigan Journal of Race and Law

This Note argues that certain Southeast Asian defendants should be able to use their families' refugee experience as well as their own economic and social marginalization in the U.S. as a partial excuse for their criminal acts. This argument draws its strength from both the socioeconomic deprivation of much of the Southeast Asian community and the linking of this reality to a careful analysis of the moral foundations of the criminal law. In essence, the American criminal justice system, which draws much of its moral force to punish from the theory of retributivism, cannot morally justify the full punishment of …

Shame And The Meaning Of Punishment, Chad Flanders

Cleveland State Law Review

This Essay critiques the shaming punishments debate, not in the interest of defending one side or the other, but to make more explicit the paradox with which this Essay began. This Essay also advances the proposal that a consistent liberalism, one that demands that all citizens be respected equally, is incompatible with any punishment that requires the infliction of hard treatment (treatment which inflicts pain or suffering) or humiliation on the offender. It is important to bracket the practical consequences of this proposal. Perhaps it was proposals like this one that made Nietzsche worry about the progressive softening of societies …

The News Media’S Influence On Criminal Justice Policy: How Market Driven News Promotes Punitiveness, Sara Sun Beale

Faculty Scholarship

This Article argues that commercial pressures are determining the news media's contemporary treatment of crime and violence, and that the resulting coverage has played a major role in reshaping public opinion, and ultimately, criminal justice policy. The news media are not mirrors, simply reflecting events in society. Rather, media content is shaped by economic and marketing considerations that frequently override traditional journalistic criteria for newsworthiness. This Article explores local and national television's treatment of crime, where the extent and style of news stories about crime are being adjusted to meet perceived viewer demand and advertising strategies, which frequently emphasize particular …

Behavioral Genetics And Crime, In Context, Owen D. Jones

Vanderbilt Law School Faculty Publications

This Article provides an introduction to some of the key issues at the intersection of behavioral genetics and crime.

It provides, among other things, an overview of the emerging points of consensus, scientifically, on what behavioral genetics can and cannot tell us about criminal behavior. It also discusses a variety of important implications (as well as complexities) of attempting to use insights of behavioral genetics in legal contexts.

Public Attitudes About The Culpability And Punishment Of Young Offenders, Elizabeth S. Scott, N. Dickon Reppucci, Jill Antonishak, Jennifer T. Degennaro

Faculty Scholarship

Conventional wisdom holds that the public supports harsh punishment of juvenile offenders, and politicians often argue that the public demands tough policies. But public opinion is usually gauged through simplistic polls, often conducted in the wake of highly publicized violent crimes by juveniles. This study seeks to probe public opinion about the culpability of young offenders as compared to adult counterparts through more nuanced and comprehensive measures in a neutral setting (i.e. not in response to a high profile crime or during a political campaign when the media focuses on the issue). The opinions of 788 community adults were individually …

Rational Choice And Developmental Influences On Recidivism Among Adolescent Felony Offenders, Jeffrey Fagan, Alex R. Piquero

Faculty Scholarship

Recent law and scholarship has claimed that the developmental limitations of adolescents affect their capacity for control and decision making with respect to crime, diminishing their culpability and reducing their exposure to punishment. Social science has focused on two concurrent adolescent developmental influence: the internalization of legal rules and norms that regulate social and antisocial behaviors, and the development of rational thought to frame behavioral choices and decisions. The interaction of these two developmental processes, and the identification of one domain of socialization and development as the primary source of motivation or restraint in adolescence, is the focus of this …

Lock'em Up And Throw Away The Key: Racial Attitudes And The Structural Determinants Of Support For Crime Policy Among White Americans, Amanda J. Abraham

LSU Doctoral Dissertations

This study investigates support for the death penalty and federal crime spending among white Americans. Data from the American National Election Studies (ANES) series (1992-2000) are matched with census tract level indicators of demographic and community characteristics from the 1990 and 2000 Census Bureau Summary File Tape 3A and county level crime data supplied by the Federal Bureau of Investigation�s Uniform Crime Reports (UCR). Ordered logistic regression is used to investigate five general research questions: (1) Are racial attitudes the most salient individual level predictors of support for crime policy among whites as suggested by prior research? (2) Are whites� …

Federal Mandatory Minimum Drug Sentences: Weapon In The War On Drugs Or War On Blacks, Crystal S. Byrd

McCabe Thesis Collection

This study will attempt to determine the direct and indirect consequences of Federal mandatory minimum drug sentences and drug policy to African Americans. It will examine statistics on drug use, arrest, convictions, and incarceration of African Americans. These statistics will be gathered from several government agencies and will be used to determine if American drug policy discriminates against African Americans. The purpose of this study is to inform and educate African Americans about Federal mandatory minimum drug sentences and the impact they are having on Black communities and to provide links to resources that can be used to promote drug …

Annual Report Fiscal Year 2004-2005, Tennessee. Bureau Of Investigation.

Annual Report

No abstract provided.

Crime In Tennessee 2004, Tennessee. Bureau Of Investigation.

Crime in Tennessee

No abstract provided.

Seasonal Use Of Marijuana And Cocaine By Arrestees In Anchorage, Alaska, Robert H. Langworthy, Alan R. Mckelvie

UAAJC Working Papers

This paper explores the relation between season (fall, winter, spring and summer) and drug use among arrestees. The analysis examines seasonal differences of proportions of drug tests positive for marijuana or cocaine among recently arrested and booked suspects in Anchorage, Alaska. The study is based on Arrestee Drug Abuse Monitoring (ADAM) data collected in Anchorage during the period between 1999 and the third quarter of 2003.