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Sentencing By Ambush: An Insider's Perspective On Plea Bargaining Reform, Justice Michael P. Donnelly Jul 2021

Sentencing By Ambush: An Insider's Perspective On Plea Bargaining Reform, Justice Michael P. Donnelly

Akron Law Review

The vast majority of cases in our state criminal justice system are resolved not by proceeding to trial but through negotiated plea agreements. These are contracts between the government and the accused in which both sides are negotiating for some form of benefit in the ultimate resolution. In this article, Justice Donnelly exposes what he sees as a flaw in the system in the manner in which trial court judges oversee this process of negotiation. In a significant number of cases, the state induces defendants to enter into a guilty plea with no certain sentence, amounting to an illusory agreement …


Everyday Aesthetics, Space, And The Sensory: Fear Of Crime And Affect In Inner Sydney, Murray Lee, Jonathan Jackson, Justin R. Ellis Jul 2021

Everyday Aesthetics, Space, And The Sensory: Fear Of Crime And Affect In Inner Sydney, Murray Lee, Jonathan Jackson, Justin R. Ellis

Qualitative Criminology (QC)

"In this paper we explore pre-conscious aesthetic and sensorial aspects of affect in fear of crime. Drawing on data from focus groups undertaken in inner Sydney, Australia, we link the sensory and aesthetic preconditions of fear of crime to its affective, behavioural and cognitive elements. We argue that fear is grounded in the structural, personal and inter-subjective components of individual’s lives and their interaction with physical and social environments, which then influence how individuals cognitively understand their own risks and react behaviourally to these emotional responses. By bringing alive the importance of environmental cues and the cultural and structural positions …


Conducting A Systematic Social Observation Of Body-Camera Footage: Methodological And Practical Insights, Vijay Chillar, Eric Piza, Victoria Sytsma Jul 2021

Conducting A Systematic Social Observation Of Body-Camera Footage: Methodological And Practical Insights, Vijay Chillar, Eric Piza, Victoria Sytsma

Qualitative Criminology (QC)

"Increased use of video recording technologies such as drones, smartphones, CCTV, and body-worn cameras (BWCs), provides researchers with modes for observing human behavior in their natural settings. Although not originally intended for empirical inquiry, these data sources facilitate a video data analysis (VDA) framework used in the social sciences. BWCs represent an emerging technology within this framework, and BWC footage provides valuable insight into situational dynamics at play during various social phenomena. When combined with systematic social observation (SSO), researchers are well-equipped to unpack social phenomena in a manner that overcomes many challenges of traditional qualitative methodologies. This article incorporates …


“I’M Doing Everything Right All Over Again”: How Women Manage Exiting Street Prostitution Over Time, Nili Gesser, Corey Shdaimah Jul 2021

“I’M Doing Everything Right All Over Again”: How Women Manage Exiting Street Prostitution Over Time, Nili Gesser, Corey Shdaimah

Qualitative Criminology (QC)

"Exiting the criminalized sale of sex, which we refer to as prostitution, is a complex, recursive process which has been rarely studied longitudinally. Using typical case sampling, we selected two respondents from a two-year ethnographic study of a courtaffiliated diversion program in Philadelphia who participated in a total of eight interviews. Saldaña’s (2009) seldom-used longitudinal coding method was applied to conduct a fine-grained analysis of participants’ perceptions of exiting prostitution over time, focusing on participants’ motivations and actions. Respondents managed expectations of others and themselves and their sense of self-worth within a context of changing relationships, structural opportunities, accomplishments and …


Keynote Prosecutors And Race: Responsibility And Accountability, Angela J. Davis Jul 2021

Keynote Prosecutors And Race: Responsibility And Accountability, Angela J. Davis

Scholarly Articles in Law Reviews & Journals

Thank you so much, Madeline. I want to thank the Rutgers University Law Review and the Rutgers Center on Criminal Justice, Youth Rights, and Race for inviting me to participate in this very important symposium on Prosecutors, Power, and Racial Justice: Building an Anti-Racist Prosecutorial System. I want to give a special thanks to Professor Cohen and Gisselly, and all of the students who worked so hard to put the symposium together. It's such an important topic. I appreciate your interest, and [I] am particularly thankful to all of you [who] are here on this Friday afternoon to talk about …


Social Equity And Body Worn Camera Policies: How Do State Politics Lead To Policy Adoption And Implementation?, Heath Brown, James Wright Jun 2021

Social Equity And Body Worn Camera Policies: How Do State Politics Lead To Policy Adoption And Implementation?, Heath Brown, James Wright

Journal of Public Management & Social Policy

Police body-worn cameras (BWC) emerged on state policy agendas to improve public accountability and mitigate social equity concerns in the wake of a national debate on police violence. Some, but not all, states adopted BWC, suggesting several state-level factors determined the policy making process. We develop a two-step political model of state criminal justice policy (adoption and implementation) that incorporates three distinct political actors: law enforcement groups; traditional advocates for civil rights/liberties; and new advocates for social equity/justice. We find that in the first step (policy adoption) traditional civil rights groups are not statistically related to a state adopting a …


The Crime Of Smuggling Migrants From The Perspective Of International Law And Lebanese Legislation, Dr. Ahmed Seifo Alseifo Jun 2021

The Crime Of Smuggling Migrants From The Perspective Of International Law And Lebanese Legislation, Dr. Ahmed Seifo Alseifo

BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية

The crime of smuggling migrants is one of the biggest challenges facing criminal justice agencies in the modern era due to its seriousness that is sweeping the global arena, The International charters and national laws included strict provisions criminalizing the smuggling of migrants. Perhaps one of the most important international achievements in the history of the struggle to curb this crime is the United Nations Convention against Organized Crime across the border and the three protocols attached to it. Among them is the 2000 Protocol on Combating the Smuggling of Migrants by Land, Sea and Air, which urged the United …


Editor's Introduction To Comments On The Crimcon Controversey, Scott Jacques Jun 2021

Editor's Introduction To Comments On The Crimcon Controversey, Scott Jacques

Qualitative Criminology (QC)

This piece introduces two comments and a rejoinder on the “CrimCon Controversy.” I learned of the controversy on Twitter, in early January 2021.


The Crimcon Controversy: An Essay Addressing Irb Approval, Informed Consent, And The Interpretation Of Results, Kevin Buckler, Eryn O'Neal Jun 2021

The Crimcon Controversy: An Essay Addressing Irb Approval, Informed Consent, And The Interpretation Of Results, Kevin Buckler, Eryn O'Neal

Qualitative Criminology (QC)

"In “COVID-19 and academia: Considering the future of academic conferencing,” Reinhard, Stafford, and Payne (2021) present findings based on an analysis of video and audio-recorded CrimCon presentations. The study’s ethics are questionable. A concern is that the investigators did not seek the informed consent of participants. In this essay, we discuss the federal human subjects regulatory definition of “human subjects,” and explain how it substantiates our concern in light of the facts.1 Key among them is that a coinvestigator, Payne, was also on the board that organized the conference, the Criminology Consortium. As such, he was involved in the development …


A Test Of Leadership: Insight From Two Women From The Founding Crimcon Board, Joan Antunes, Breanna Boppre Jun 2021

A Test Of Leadership: Insight From Two Women From The Founding Crimcon Board, Joan Antunes, Breanna Boppre

Qualitative Criminology (QC)

"We write this commentary as two former members of the founding Criminology Consortium (CrimCon) board. In this essay, we share our gendered experiences with respect to the board’s role in Reinhard, Stafford, and Payne’s (2021) article, “COVID- 19 and academia: Considering the future of academic conferencing.” The paper’s third author, Payne, was on the board with us, and remains on it as we write. We will discuss issues with the study process and conclusions. We wish to share our perspectives on the board to inform future leadership and efforts towards public scholarship within criminology."


Seeing The Vision And Moving Forward: The Future Of The Crimcon Conference From The New Board, Bobbie Ticknor, Jessica Warner, Carlos Rojas, Arelys Madero, Daniel Lytle Jun 2021

Seeing The Vision And Moving Forward: The Future Of The Crimcon Conference From The New Board, Bobbie Ticknor, Jessica Warner, Carlos Rojas, Arelys Madero, Daniel Lytle

Qualitative Criminology (QC)

"The Criminology Consortium (CrimCon) was created during one of the worst international pandemics seen in modern history. A group of innovators keenly perceived the need to create a new way to disseminate knowledge in the field because many of our existing conferences and annual meetings were postponed or cancelled due to the pandemic. There was a major void felt in the field by the cancellation of our traditional face-to-face conferences. There are many advantages to attending and participating in conferences in our field. These annual meetings give academics, researchers, practitioners, and policymakers ways to communicate their research, learn about the …


Restorative Retributivism, Brian M. Murray Jun 2021

Restorative Retributivism, Brian M. Murray

University of Miami Law Review

The current criminal justice moment is ripe for discussion of first principles. What the criminal law is, what it should do, and why society punishes is as relevant as ever as communities reconsider the reach of the criminal law and forms of punishment like incarceration. One theory recently put forth—reconstructivism—purports to offer a descriptive and normative theory of the criminal law and punishment while critiquing the ills of the American system. It comprehends the criminal law and punishment as functional endeavors, with the particular goal of restitching or “reconstructing” the social fabric that crime disrupts. In particular, reconstructivism is a …


Racism And Criminal Justice Book Discussion: June 2021, Central Washington University, Roger Schaefer Jun 2021

Racism And Criminal Justice Book Discussion: June 2021, Central Washington University, Roger Schaefer

Brooks Library Events

Monthy book discusion on racism and criminal justice. The book for this month is A Theory of African American Offending: Race, Racism, and Crime by James D. Unnever and Shaun L. Gabbidon.


Calls For Accountability: Redefining The Culture Of Policing In Las Vegas, Olivia K. Cheche Jun 2021

Calls For Accountability: Redefining The Culture Of Policing In Las Vegas, Olivia K. Cheche

Governance: The Political Science Journal at UNLV

In summer 2020, national attention on racial injustice brought into focus the culture of policing as a critical area of policy exploration for the United States. The purpose of this policy report is to examine the culture of policing in the Las Vegas metropolitan area, and specifically within Las Vegas's largest police force, the Las Vegas Metro Police Department (LVMPD). Through this case study analysis, the racial, social and fiscal aspects of the culture of policing are investigated between the years 2016 & 2020. The research here presents data on disparities within policing found at the national and local levels. …


Systemic Racism In The United States, Ari Emilia Short May 2021

Systemic Racism In The United States, Ari Emilia Short

Libraries

This bibliography contains an annotated selection of articles and studies related to systemic racism in the United States of America, covering 21st-century racial inequities in criminal justice, housing, employment, voting, education, and healthcare. Given the contentious nature of this topic - whether and to what extent systemic racism exists in the United States - sources were selected for relative neutrality, authority, and quality of methodologies used. This piece is intended to assist leaders, educators, activists, and any who wish to become better informed about this topic, develop empathy toward impacted groups, and prepare to address institutional concerns related to diversity, …


Improving Mandatory Firearms Training For Law Enforcement: An Autoethnographic Analysis Of Illinois Law Enforcement Training, Casey Lafrance May 2021

Improving Mandatory Firearms Training For Law Enforcement: An Autoethnographic Analysis Of Illinois Law Enforcement Training, Casey Lafrance

Qualitative Criminology (QC)

"This study employs autoethnographic analysis of the author’s experiences in a mandatory police firearms training course in the United States. I first review relevant literature on firearms training as well as autoethnographic methodology. Afterward, I present my experiences and analyze them in the context of literature on police use of force, representative bureaucracy, and accountability. Based on this account, I offer suggestions for improving the course by integrating concepts from the literature on officer decision-making, community-police relations, and group dynamics. I conclude by recommending more course time be devoted to the decision to use force, rather than simple firearm proficiency."


Hate Exhaustion, Emotional Support, And Desistance From White Supremacist Groups, April Celeste Gould May 2021

Hate Exhaustion, Emotional Support, And Desistance From White Supremacist Groups, April Celeste Gould

Qualitative Criminology (QC)

"This study examines how and why people join, participate in, and leave White supremacist terrorist (WST) groups. In-depth life history interviews and biographic timelines of former White supremacists in the United States and Canada were collected. Findings indicate that former members’ decisions to engage and desist from WST groups are greatly influenced by their experiences of emotional support—or lack thereof. Participants lacked emotional support prior to joining WST and the emotional support they received from group membership was toxic. Participants exited WST because they experienced hate exhaustion and were willing to sacrifice all or most of their emotional support to …


“She Is A Woman, She Is An Unbeliever—You Should Not Meet With Her”: An Ethnographic Account Of Accessing Sala, Kathrine Elmose Jørgensen, Henriette Frees Esholdt May 2021

“She Is A Woman, She Is An Unbeliever—You Should Not Meet With Her”: An Ethnographic Account Of Accessing Sala, Kathrine Elmose Jørgensen, Henriette Frees Esholdt

Qualitative Criminology (QC)

"The Salafi-jihadist environment, which seeks to remain closed and clandestine, is extremely hard to access. Moreover, the milieu is gender segregated and hostile towards non-Muslims, even other Muslims who are not considered “real” Muslims. Depending on the researcher’s positionality this can either further complicate or facilitate accessing the milieu. Based on methodological experiences from ethnographic fieldwork (interviews and observations) in Denmark and Sweden, this article aims to unravel how researcher positionality influences different layers of access when investigating Salafi-jihadist environments. Acknowledging that gaining access is a continuous process throughout the entire research process, we specifically explore how our positions as …


Diversity In Criminal Justice Education, Cody Salvatore May 2021

Diversity In Criminal Justice Education, Cody Salvatore

The Mid-Southern Journal of Criminal Justice

The absence of a proper understanding of diversity feeds into an already poor relationship between the criminal justice system and marginalized communities who often harbor fear and resentment towards the criminal justice system. This can be linked to the overall lack of diversity courses within criminal justice curriculums, as the absence of these courses leads to a lessened quality of education for criminal justice professionals and distrust from marginalized communities. The LGBT community exemplifies this, and its history and current relationship with the criminal justice system are presented in this study. While criminal justice education is successful in its endeavors …


Are We Giving Them A Fair Chance? Racial Stereotypes And The Juvenile Justice System, Cali Bloem May 2021

Are We Giving Them A Fair Chance? Racial Stereotypes And The Juvenile Justice System, Cali Bloem

Honors Program Theses and Projects

Prior research indicates that there are racial disparities throughout the criminal justice system, including the juvenile justice system, and that decision-makers may use stereotypes when determining guilt and deciding on sentences for juveniles. We used a mock juror study design in which participants were randomly assigned to read one of four trial summaries of an assault committed by either a White juvenile or Latinx juvenile, with the victim being a White juvenile or Latinx juvenile. The participants were asked to provide a verdict and sentencing decision and explain why they chose the sentence that they did. They were also tasked …


Valuing Mental Health In The Justice System, Anabel Lugo May 2021

Valuing Mental Health In The Justice System, Anabel Lugo

Themis: Research Journal of Justice Studies and Forensic Science

Mental health is an issue that needs more recognition, especially within inmates and law enforcement. The mental health of incarcerated inmates, as well as law enforcement officials, has been overlooked and negatively impacted our criminal justice system. Ignoring mental health has helped create negative depictions and stereotypes about these communities. Law enforcement tends to ignore its mental health due to masculinity and police culture, feeding into the stigma that lingers around it. Although mental health has become a recurring topic in recent years, little has been done to help restore it within our justice system. Recently, there have been numerous …


To What Extent Are Appropriate Resources Provided To Veterans With Mental Illness To Prevent Contact With The Criminal Justice System?, Riley Christine Doyle May 2021

To What Extent Are Appropriate Resources Provided To Veterans With Mental Illness To Prevent Contact With The Criminal Justice System?, Riley Christine Doyle

Master’s Theses and Projects

United States military veterans are a special population of men and women that have willingly sacrificed their lives to serve their country. They are perceived to be patriotic, honorable, strong, and disciplined people. Unfortunately, veterans are not exempt from committing criminal acts that land them in the criminal justice system. In fact, veterans are highly susceptible to developing mental illnesses and substance use disorders which can ultimately lead to criminal behavior. The purpose of this study was to examine to what extent available resources are provided to veterans to help them prevent contact with the criminal justice system. This study …


Stepping Towards Justice: The Case For The Illinois Constitution Requiring More Protection Than Not Falling Below “Cruel And Unusual” Punishment, Andrea D. Lyon, Hannah J. Brooks May 2021

Stepping Towards Justice: The Case For The Illinois Constitution Requiring More Protection Than Not Falling Below “Cruel And Unusual” Punishment, Andrea D. Lyon, Hannah J. Brooks

Northern Illinois University Law Review

In these tumultuous times, when our nation is trying to not only navigate a global pandemic, but also actually reckon with its long history of institutional racism, mass incarceration, and devastation of poor communities and communities of color, the cry for criminal justice reform is loud and getting louder, particularly regarding sentencing, and it is time for Illinois to require its courts to commit to doing more in accordance with our constitution. In this article, the authors examine the legislative and constitutional history of Illinois, the effects of a series of recent decisions made in the context of the sentencing …


The Root Of The Problem: Mississippi And The School-To-Prison Pipeline, Matthew Brennan Hendley May 2021

The Root Of The Problem: Mississippi And The School-To-Prison Pipeline, Matthew Brennan Hendley

Honors Theses

The Root of the Problem: Mississippi and the School-to-Prison Pipeline is a solutions journalism piece about the “schoolhouse to jailhouse” theory, which represents a phenomenon in which grade school students, the majority of which are minority youth, are funneled into the criminal justice system via schools through policies and procedures that criminalize student misbehavior. The piece is an in-depth analysis of the arrival, history, and current state of the school-to-prison pipeline in Mississippi, featuring one specific effort to dismantle the phenomenon in the Sunflower County Consolidated School District in the Mississippi Delta. In addition to this analysis, the piece explores …


“Can You Make It Out Alive?” Investigating Penal Imaginaries At Forts, Sanitaria, Asylums, And Segregated Schools, Linda Mussell, Kevin Walby, Justin Piché Apr 2021

“Can You Make It Out Alive?” Investigating Penal Imaginaries At Forts, Sanitaria, Asylums, And Segregated Schools, Linda Mussell, Kevin Walby, Justin Piché

Qualitative Criminology (QC)

"We draw from literature on penal imaginaries to examine representations at fright nights and other staged cultural scenes from across Canada and the United States that reproduce justifications for imprisonment and punishment. Based on an analysis of online content and news coverage of fright nights organized at forts, sanitoria, psychiatric institutions/asylums, and segregated schools, we demonstrate that these displays mobilize stereotypes and shame to denigrate prisoners and naturalize imprisonment. Moreover, we show that these displays invoke health tropes concerning contagion to intensify fears regarding prisoners by portraying them as a threat to the social body, further rationalizing the existence of …


Do I Report This? Understanding Variation In The Content Of State Mandatory Reporting Laws, Robert D. Lytle, Dana L. Radatz, Lisa L. Sample, Randi M. Latiolais Apr 2021

Do I Report This? Understanding Variation In The Content Of State Mandatory Reporting Laws, Robert D. Lytle, Dana L. Radatz, Lisa L. Sample, Randi M. Latiolais

Qualitative Criminology (QC)

"Since accusations went public that administrators at Pennsylvania State University ignored reports of child abuse during the Jerry Sandusky trial almost a decade ago, several educational and state agencies have reinterpreted aspects of their respective laws requiring certain persons to report suspected child maltreatment (mandatory reporting laws). These reinterpretations were possible due to the ambiguity of statutory language used in the law and, subsequently, may have exposed individuals to a legal responsibility to report to which they were previously unaware. In this study, we use a thematic content analysis to examine variation across state mandatory reporting statutes from all fifty …


Policing Perspectives Concerning Confusion And Uncertainty In Policing Practices With “Honour”- Based Crimes And Forced Marriages, Wendy Aujla Apr 2021

Policing Perspectives Concerning Confusion And Uncertainty In Policing Practices With “Honour”- Based Crimes And Forced Marriages, Wendy Aujla

Qualitative Criminology (QC)

"Police regularly deal with various forms of violence against women and girls, such as domestic violence, family violence, and intimate partner violence in police work. However, since certain kinds of violence require a more nuanced approach to investigations, this paper reports on the experiences and challenges in policing different types of violence, such as “honour”-based crimes (HBCs), including forced marriages (FMs), within the broader Canadian discourse and political stances informing law and policy decisions. As well as what is still needed to improve responses to HBCs and FMs, it is important to consider the impact of laws and policy changes …


“It’S Not A Conversation Starter.” Or Is It?: Stigma Management Strategies Of The Formerly Incarcerated In Personal And Occupational Settings, Nicholas Park, Grant Tietjen Apr 2021

“It’S Not A Conversation Starter.” Or Is It?: Stigma Management Strategies Of The Formerly Incarcerated In Personal And Occupational Settings, Nicholas Park, Grant Tietjen

Qualitative Criminology (QC)

"Mass incarceration and its ill effects remains a major social problem in the United States. Those exiting the criminal justice system reenter society with the label of exconvict, a label that is permanent, highly stigmatized in American society, and has serious potential ramifications for successful reintegration, including: access to employment, higher education, and housing; acceptance in their communities; and successful personal relationships. The purpose of this study was to explore (1) anticipated stigma, (2) actual experienced stigma, and (3) the stigma management strategies that formerly incarcerated individuals employed in their personal and occupational lives. Drawing from a modified labeling theory …


The Societal Impact Of Capital Punishment And Its Future Role In Modern Day America, Laurel Lee Apr 2021

The Societal Impact Of Capital Punishment And Its Future Role In Modern Day America, Laurel Lee

Honors Theses

Capital punishment has been a well-established, although extremely controversial, practice throughout American history. It has been the subject of much criticism and debate both nationally and globally, dating back to ancient times. This study intends to research the historical, legal, and social changes of capital punishment in the United States that have occurred since the dawn of the practice in order to detect any trends, and if so, whether these trends allow a realistic prediction of the future of capital punishment. The chronology of capital punishment is first examined in this study in order to indicate that the controversy surrounding …


Racism And Criminal Justice Book Discussion: April 2021, Central Washington University, Roger Schaefer Apr 2021

Racism And Criminal Justice Book Discussion: April 2021, Central Washington University, Roger Schaefer

Brooks Library Events

Monthy book discusion on racism and criminal justice. The book for this month is America's Original Sin: Racism, White Privilege and the Bridge to a New America by Jim Wallis.