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Doing Death Work: A Mixed Method Examination Of Imprinted Events And Behavioral Responses Of Medical Examiner's Office Employees, Elizabeth L. Gilmore, Kevin Buckler Mar 2023

Doing Death Work: A Mixed Method Examination Of Imprinted Events And Behavioral Responses Of Medical Examiner's Office Employees, Elizabeth L. Gilmore, Kevin Buckler

Qualitative Criminology (QC)

"This study provides a qualitative and quantitative data analysis from interviews of current and former employees of medical examiner offices. These employees’ current and former positions required that they arrive at scenes of natural, accidental, suicidal, undetermined, and homicidal deaths, document and retrieve the decedent(s), and assist in eviscerating the remains to aid forensic pathologists during autopsy procedures. The authors interviewed 14 current or past employees of different medical examiner offices to understand what they liked and disliked about this curious profession and aimed to understand professional struggles. Additionally, study participants answered questions about imprinted events, how they and colleagues …


Editorial, Kevin Buckler Mar 2023

Editorial, Kevin Buckler

Qualitative Criminology (QC)

This issue contains five articles that utilize various qualitative and mixed methods.


Child Sex Abusers In Protestant Christian Churches: An Offender Typology, Andrew S. Denney Mar 2023

Child Sex Abusers In Protestant Christian Churches: An Offender Typology, Andrew S. Denney

Qualitative Criminology (QC)

Sexual abuse within religious settings has been the focus of prior research for over fifty years. However, most research has focused on the Roman Catholic Church, not Protestant Christian churches. Yet, Protestant Christian Churches are the most prominent religious institutions, both in the physical number of churches and total participants, across the United States. By examining 326 alleged instances of sexual abuse at or through activities provided by U.S. Protestant Christian churches, this study sought to create the first typology of sexual abusers within this setting. This study found that three types of offenders exist within these settings, (1) on-site …


Infidelity, Liability, And Violence, Jason Manning Mar 2023

Infidelity, Liability, And Violence, Jason Manning

Qualitative Criminology (QC)

Much criminal violence arises from conflict and is moralistic. The perpetrator is punishing someone for a perceived wrong. Liability refers to accountability for a wrong: Who exactly has to suffer punishment? Here I argue that violence arising from infidelity and sexual jealousy is a strategic research site for studying liability. When these matters trigger lethal violence, there is variation in who the perpetrator targets. Using detailed descriptions of US homicides, as well as the cross-cultural ethnographic literature, I describe and classify three patterns of liability: mate, rival, and dual. I conclude by suggesting sociological factors relevant to explaining these patterns …


“Title Ix Isn’T For You, It’S For The University”: Sexual Violence Survivors’ Experiences Of Institutional Betrayal In Title Ix Investigations, Katherine Lorenz, Rebecca Hayes, Cathrine Jacobsen Mar 2023

“Title Ix Isn’T For You, It’S For The University”: Sexual Violence Survivors’ Experiences Of Institutional Betrayal In Title Ix Investigations, Katherine Lorenz, Rebecca Hayes, Cathrine Jacobsen

Qualitative Criminology (QC)

Institutional betrayal occurs when an institution fails to appropriately respond to harm experienced by a member of the institution, such as by failing to act or by mishandling cases. The concept has been applied to higher education institution’s (HEI’s) response to students who experience sexual violence, particularly Title IX investigations, showing that institutional betrayal is common among student survivors. Yet, to our knowledge, institutional betrayal in HEI Title IX investigations has not been qualitatively explored. We conducted interviews of graduate and undergraduate student sexual violence survivors (n=21) who participated in a Title IX investigation at a U.S. HEI to understand …


Treating Criminal Justice-Involved Serious Mental Illness (Smi) Clients In The Community, Brittany Hood Mar 2023

Treating Criminal Justice-Involved Serious Mental Illness (Smi) Clients In The Community, Brittany Hood

Qualitative Criminology (QC)

With criminal justice-involved individuals with serious mental illness (SMI) at an all-time high in the criminal justice system, research on community mental health centers (CMHCs) demonstrates a lack of treatment for justice-involved persons. Scholars have argued that providing appropriate treatment to criminal justice-involved individuals with SMI could alleviate symptoms. Therefore improving the effectiveness of mental health treatment to reduce recidivism in this population is paramount. The current study used a qualitative approach to examine how community service providers perceived organizational-level variables and legal constraints to influence treatment decisions for justice-involved individuals with SMI. Findings suggest three critical implications for policy …


With Liberty And Justice For The Wealthy: The Criminalization Of The American Poor, Ashlyn Dickmeyer Mar 2023

With Liberty And Justice For The Wealthy: The Criminalization Of The American Poor, Ashlyn Dickmeyer

Honors Program: Senior Projects (Public)

The last phrase of the Pledge of Allegiance states “with liberty and justice for all”. However, not everyone has access to this liberty and justice. Liberty and justice can be bought in this country for a price, and those who can’t afford to pay it are often left in the hands of those who can. One of the most prominent ways to see this is by analyzing the criminal justice system. Despite clauses in the Fourteenth Amendment and court cases like Gideon v. Wainwright (1963) establishing and upholding that the poor are entitled to equal treatment within the criminal justice …


National De-Escalation Training Center - Year 1 In-Person Data Archive, Morgan Steele Jan 2023

National De-Escalation Training Center - Year 1 In-Person Data Archive, Morgan Steele

Criminal Justice Research Data

This dataset includes the demographics, education, perceptions, and assessment of de-escalation skills of law enforcement officers, and other professionals, which were collected as a part of in-person de-escalation training. Many of these trainings were funded as a part of the Office of Community-Oriented Policing Services (U.S. Department of Justice). All of the data is anonymous, and can be linked based on the trainee generated identification number. This data was collected across three separate activities. The first was a pre-training survey that included questions about the trainees' demographics, perceptions, and experiences, and was collected via a Qualtrics survey link. The second …


The Theorizing Of Terrorism Within Criminology, Daren Fisher, Erin M. Kearns Jan 2023

The Theorizing Of Terrorism Within Criminology, Daren Fisher, Erin M. Kearns

Criminology and Criminal Justice Faculty Publications

Objectives. While terrorism studies were once castigated as atheoretical and unempirical, criminology has been well suited to apply theories of crime to terrorism and to then test those theories with rigorous methods and robust data. The present study takes stock of how criminologists have theorized about terrorism and tested those theories over time in 13 of the discipline’s leading journals. Methods. The study systematically examines theoretical framing, hypotheses, methodological approach, focus within criminology and criminal justice, and policy recommendations in terrorism-focused articles. Results. While terrorism has become more central within top journals, sparse attention has been paid to many criminological …


As Long As There Is Money Involved In Justice, There Will Be No Justice: The United States' Criminalization Of Poverty And The Need To Demonitize Our Criminal "Justice" System, Amanda Piccione Jan 2023

As Long As There Is Money Involved In Justice, There Will Be No Justice: The United States' Criminalization Of Poverty And The Need To Demonitize Our Criminal "Justice" System, Amanda Piccione

Hofstra Law Student Works

This paper will show how the United States will fail to achieve a criminal “justice” system if money is involved. The cyclical impacts of poverty and marginalization on communities of color throughout our nation’s history will continuously perpetuate an unequal and unfair criminal system. Section II begins by delving into the history of poverty in the United States. It then analyzes poverty and its impacts today while specifically discussing the effects on communities of color and the intersections with crime. Section III examines the legal issue, exploring our monetized legal system and discussing how we can change our criminal legal …


The Slippery Concept Of "Object And Purpose" In International Criminal Law, Patrick J. Keenan Jan 2023

The Slippery Concept Of "Object And Purpose" In International Criminal Law, Patrick J. Keenan

American University International Law Review

In little more than twenty-five years, the field of international criminal law has grown from a small slice of public international law into a functioning system of international justice, complete with multiple juridical bodies and substantial scholarly attention. Building on the legacy of the Nuremberg Tribunals and drawing from international humanitarian law, human rights law, and domestic criminal law principles, international criminal law has become its own discipline. Creating any new field of law is a complicated endeavor; this is especially true when the field affects and is affected by so many politically sensitive issues. Throughout this doctrinal experiment, one …


Victims Of Coercive Plea Bargaining: Defendants Who Give False Testimony For False Pleas, Lucian E. Dervan, Vanessa A. Edkins, Thea Johnson Jan 2023

Victims Of Coercive Plea Bargaining: Defendants Who Give False Testimony For False Pleas, Lucian E. Dervan, Vanessa A. Edkins, Thea Johnson

American University Law Review

The last decade has seen a significant growth in academic research and literature related to coercive plea bargaining. One thread that emerges from this research is how coercive plea practices encourage innocent defendants to falsely condemn themselves, and sometimes even other innocent people to get the benefit of a “good” deal. This Article compiles and synthesizes this research to highlight how and why typical plea bargaining can lead to false guilty pleas. It also frames those who falsely plead guilty in the face of coercive bargains and those who are subject to false testimony as a result as victims of …


How Victim Impact Statements Promote Justice: Evidence From The Content Of Statements Delivered In Larry Nassar's Sentencing, Paul Cassell, Edna Erez Jan 2023

How Victim Impact Statements Promote Justice: Evidence From The Content Of Statements Delivered In Larry Nassar's Sentencing, Paul Cassell, Edna Erez

Utah Law Faculty Scholarship

Whether crime victims should present victim impact statements (VISs) at sentencing remains a subject of controversy in the criminal justice literature. But relatively little is known about the content of VISs and how victims use them. This article provides a content analysis of the 168 VISs presented in a Michigan court sentencing of Larry Nassar, who pleaded guilty to decades of sexual abuse of young athletes while he was treating them for various sports injuries. Nassar committed similar crimes against each of his victims, allowing a robust research approach to answer questions about the content, motivations for, and benefits of …


The Ukraine Crisis And The Future Of International Courts And Tribunals, Milena Sterio Jan 2023

The Ukraine Crisis And The Future Of International Courts And Tribunals, Milena Sterio

Law Faculty Articles and Essays

The Ukraine crisis is an example of modern-day conflict which poses various accountability challenges and demonstrates that not a single existing prosecutorial mechanism is capable of achieving a full measure of accountability while fulfilling the different goals of international criminal justice. As discussed in this Article, the prosecution of a sufficient number of Russian perpetrators of atrocities, as well as of Russian leaders, conducted legitimately and effectively, will necessitate the utilization of almost all accountability models - Ukrainian courts, a war crime chamber, the ICC, as well as an ad hoc aggression tribunal. The Ukrainian crisis demonstrates that all international …


How Police Investigators View Credibility Of Victims Of Sexual Assault Crimes, Lakesha Richele Boone Jan 2023

How Police Investigators View Credibility Of Victims Of Sexual Assault Crimes, Lakesha Richele Boone

Walden Dissertations and Doctoral Studies

Sexual assault is a sensitive topic, and research has become increasingly popular. Most literature focuses on stigma, attitudes, and perceptions that victims and law enforcement have about each other. Law enforcement officers are responsible for making charging decisions based on their investigations and ways by which they determine credibility and reliability of victims. It was unclear what criteria law enforcement officers use to ascertain relevant flaws in victim character and credibility. The purpose of this study was to explore how law enforcement officers evaluate credibility of sexual assault victims during investigations. The feminist legal, just world, and rape myth acceptance …


Asymmetries, Norm Matching, And The Pursuit Of Equity Between The Police And The Public, Eang Ngov Jan 2023

Asymmetries, Norm Matching, And The Pursuit Of Equity Between The Police And The Public, Eang Ngov

Faculty Articles

Concerns about police abuse and overcriminalization are on the forefront of public conscientiousness. In spite of the Black Lives Matter movement and calls for police reform, law enforcement officials enjoy a variety of criminal procedure loopholes and double standards, which the United States Supreme Court has ratified through its creation of the open fields, mistake of law, and third party doctrines, as well as its acceptance of deceptive police practices. This Article analyzes the asymmetries between permissible civilian conduct and permissible police conduct to make a broader, systemic critique of the double standards and loopholes that pervade constitutional criminal procedure. …


Desistance As A Signal Of Rehabilitation: Understanding Public Perception And The Moderating Role Of Redeemability, Jasmyn Stevens Jan 2023

Desistance As A Signal Of Rehabilitation: Understanding Public Perception And The Moderating Role Of Redeemability, Jasmyn Stevens

College of Graduate Studies: Theses & Dissertations

The criminal offender label is enduring and comes with significant real-world consequences. While there is a wealth of literature on offender rehabilitation, less emphasis has been placed on the varying ways that individuals define this concept. The goal of this study is to understand how variations in both punitiveness and rehabilitative definitions affect general beliefs about desistance from crime. Additionally, belief in redeemability is examined as a moderator of this relationship. Using data from an anonymous, national-level, opt-in survey collected through Amazon’s Mechanical Turk (MTurk) platform, I test three hypotheses using logistic regression. Results indicate that while increased punitiveness is …


Bail And Mental Illness, Samuel Wiseman Jan 2023

Bail And Mental Illness, Samuel Wiseman

Faculty Scholarship

In many parts of the United States, the bail system is strikingly unfair, imposing burdensome, and often unmeetable, financial conditions on pretrial liberty even for low-risk defendants. Reforms that reduce or eliminate cash bail and lower pretrial detention rates have made progress in recent years, but now face growing opposition even in generally progressive jurisdictions such as San Francisco and New York City. One source of this opposition is rising concern about crime—particularly crime associated with the unhoused, who disproportionately suffer from mental illness, including substance abuse disorder. This is not a coincidence, as one effect of a cash-bail system, …


How The “Black Criminal” Stereotype Shapes Black People’S Psychological Experience Of Policing: Evidence Of Stereotype Threat And Remaining Questions, Cynthia J. Najdowski Jan 2023

How The “Black Criminal” Stereotype Shapes Black People’S Psychological Experience Of Policing: Evidence Of Stereotype Threat And Remaining Questions, Cynthia J. Najdowski

Psychology Faculty Scholarship

Cultural stereotypes that link Black race to crime in the U.S. originated in and are perpetuated by policies that result in the disproportionate criminalization and punishment of Black people. The scientific record is replete with evidence that these stereotypes impact perceivers’ perceptions, information processing, and decision-making in ways that produce more negative criminal legal outcomes for Black people than White people. However, relatively scant attention has been paid to understanding how situations that present a risk of being evaluated through the lens of crime-related stereotypes also directly affect Black people. In this article, I consider one situation in particular: encounters …


Life, Liberty, And Data Privacy: The Global Cloud, The Criminally Accused, And Executive Versus Judicial Compulsory Process Powers, Rebecca Wexler Jan 2023

Life, Liberty, And Data Privacy: The Global Cloud, The Criminally Accused, And Executive Versus Judicial Compulsory Process Powers, Rebecca Wexler

Faculty Scholarship

U.S. policymakers’ responses to a wave of global data privacy laws are creating a deep structural unfairness in the criminal legal system. In an era of cloud computing, when data about communications and activities occurring anywhere in the world can be stored on servers located anywhere else, access to such data can make the difference between convictions and acquittals. At the same time, new global data privacy laws risk cutting off cross-border access to digital evidence in criminal investigations. Recognizing the threat to law enforcement interests, U.S. policymakers enacted the CLOUD Act of 2018 to create special procedures for law …


The Law Enforcement Lobby, Stephen Rushin, Zoe Robinson Jan 2023

The Law Enforcement Lobby, Stephen Rushin, Zoe Robinson

Faculty Publications & Other Works

The law enforcement lobby represents one of the most important and undertheorized barriers to criminal justice reform. We define the law enforcement lobby as the constellation of entrenched actors within the justice system—particularly police unions, correctional officer unions, and prosecutor associations—that exert an outsized role in policy development. The law enforcement lobby operates largely without coordinated opposition, resulting in capture of criminal justice policymaking and skewed policy outcomes that often institutionalize injustice and subordination. The strength of the law enforcement lobby also presents a challenge to the growing defunding and abolition movements. Nevertheless, the law enforcement lobby remains at the …


Engaging In Equity-Centered Policymaking: State-Level Racial Equity Impact Assessment Trends, Lessons Learned, And Future Directions, Daina Strub Kabitz Jan 2023

Engaging In Equity-Centered Policymaking: State-Level Racial Equity Impact Assessment Trends, Lessons Learned, And Future Directions, Daina Strub Kabitz

Mitchell Hamline Law Review

No abstract provided.


Role-Reversibility, Ai, And Equitable Justice — Or: Why Mercy Cannot Be Automated, Stephen E. Henderson, Kiel Brennan-Marquez Jan 2023

Role-Reversibility, Ai, And Equitable Justice — Or: Why Mercy Cannot Be Automated, Stephen E. Henderson, Kiel Brennan-Marquez

Faculty Articles

A few years ago, we developed the concept of “role-reversibility” in AI governance: the idea that it matters whether a party exercising judgment is reciprocally vulnerable to the effects of judgment. This idea, we argued, supplies a deontic reason to maintain certain spheres of human judgment even if (or when) truly intelligent machines become demonstrably superior in every utilitarian sense. While computer science remains far from that holy grail, generative AI is raging through systems as diverse as healthcare, finance, advertising, law, and academe, making it imperative to further shore up our claim. We do so by situating role-reversibility within …


The Incongruence Principle Of Evidence, Hillel J. Bavli Jan 2023

The Incongruence Principle Of Evidence, Hillel J. Bavli

Faculty Journal Articles and Book Chapters

Evidence law assumes that the meaning and value of information at trial is equal to the meaning and value of the same information in the real world. This premise underlies evidence policy, judicial applications of evidence law, and instructions to jurors for evaluating evidence. However, it is incorrect, and the law’s failure to recognize this hinders its aims of accuracy and equality.

In this article, I draw on fields outside of law - including Bayesian inference and cognitive psychology - to develop a model of evidence that describes how jurors combine new evidence with prior beliefs (or “priors”) to make …


Understanding Criminal Justice Innovations, Meghan J. Ryan Jan 2023

Understanding Criminal Justice Innovations, Meghan J. Ryan

Faculty Journal Articles and Book Chapters

Burgeoning science and technology have provided the criminal justice system with the opportunity to address some of its shortcomings. And the criminal justice system has significant shortcomings. Among other issues, we have a mass incarceration problem; clearance rates are surprisingly low; there are serious concerns about wrongful convictions; and the system is layered with racial, religious, and other biases. Innovations that are widely used across industries, as well as those directed specifically at the criminal justice system, have the potential to improve upon such problems. But it is important to recognize that these innovations also have downsides, and criminal justice …


Crime Analysis And Its Applications Throughout Different Countries And Systems, Derek Blanc Jan 2023

Crime Analysis And Its Applications Throughout Different Countries And Systems, Derek Blanc

Williams Honors College, Honors Research Projects

Crime analysis plays a vital role in policing and maintaining law and order throughout many countries around the globe. The application and uses of crime analysis can vary greatly not only worldwide, but also between local police agencies as well. Many factors, including resources that are available, as well as funding and the legal frameworks in place can all affect how crime analysis is used and operated. This paper will provide a deeper understanding of how the criminal justice system has evolved into the way it is today, as well as how crime analysis was developed. In addition, the paper …


The Immigration Implications Of Presidential Pot Pardons, Jason A. Cade Jan 2023

The Immigration Implications Of Presidential Pot Pardons, Jason A. Cade

Scholarly Works

This Essay examines the immigration implications of President Joe Biden’s Proclamation on October 6, 2022, pardoning most federal and D.C. offenders who committed the offense of simple marijuana possession. A late twentieth century interpretive shift by the Board of Immigration Appeals holds that pardons only prevent deportation for certain criminal history categories, which do not include controlled substance offenses, and thus far lower federal courts have deferred to the agency’s approach.Nevertheless, according to the analysis I offer, President Biden’s cannabis pardons should be deemed fully effective to eliminate all immigration penalties. All of the immigrant pardon cases to reach the …


Hurt People Hurt People; Broken Systems Break People, Christopher Blackwell Jan 2023

Hurt People Hurt People; Broken Systems Break People, Christopher Blackwell

Seattle Journal for Social Justice

No abstract provided.


An Exploration Of The Relationship Between Learning Disabilities And Juvenile Delinquency From Parents’ Perspectives, Torsha Shawn Childs Jan 2023

An Exploration Of The Relationship Between Learning Disabilities And Juvenile Delinquency From Parents’ Perspectives, Torsha Shawn Childs

Walden Dissertations and Doctoral Studies

This study addressed the relationship between learning disabilities and juvenile delinquency from parents’ perspectives. This qualitative study was guided by Agnew’s general strain theory (GST), which explored the force that stressors have on individuals, such as the impact learning disabilities have on juveniles. The qualitative research approach was used to gather data from 10 parents with children diagnosed with learning disabilities at an early age. Parents responded to 15 open-ended survey questions via SurveyMonkey based on their lived experiences of having children with learning disabilities. Participants remained anonymous. All participants were required to have a child with a learning disability …


How Police Investigators View Credibility Of Victims Of Sexual Assault Crimes, Lakesha Richele Boone Jan 2023

How Police Investigators View Credibility Of Victims Of Sexual Assault Crimes, Lakesha Richele Boone

Walden Dissertations and Doctoral Studies

Sexual assault is a sensitive topic, and research has become increasingly popular. Most literature focuses on stigma, attitudes, and perceptions that victims and law enforcement have about each other. Law enforcement officers are responsible for making charging decisions based on their investigations and ways by which they determine credibility and reliability of victims. It was unclear what criteria law enforcement officers use to ascertain relevant flaws in victim character and credibility. The purpose of this study was to explore how law enforcement officers evaluate credibility of sexual assault victims during investigations. The feminist legal, just world, and rape myth acceptance …