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Justice

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The Structural Underpinnings Of Access To Justice: Building A Solid Pro Bono Infrastructure, Latonia Haney Keith Jan 2019

The Structural Underpinnings Of Access To Justice: Building A Solid Pro Bono Infrastructure, Latonia Haney Keith

Mitchell Hamline Law Review

No abstract provided.

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Mental Health Courts: Mental Illness, Diversion Programs And Recidivism, Michelle Blount Jan 2019

Mental Health Courts: Mental Illness, Diversion Programs And Recidivism, Michelle Blount

Walden Dissertations and Doctoral Studies

Many large urban juvenile probation departments have begun to utilize mental health courts to meet the demands of the increasing number of individuals who have mental health issues that end up in the juvenile justice system. Diversion programs are designed to keep youth in the community and out of the juvenile justice system, but it is not clear whether these programs keep individuals from re-offending. Therefore, this study was conducted to determine whether diversion programs used in the mental health courts are helping to decrease recidivism for juveniles identified with mental illness. This study was also aimed at identifying how …

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Talking About Black Lives Matter And #Metoo, Linda S. Greene, Lolita Buckner Inniss, Bridget J. Crawford, Mehrsa Baradaran, Noa Ben-Asher, I. Bennett Capers, Osamudia R. James, Keisha Lindsay Jan 2019

Talking About Black Lives Matter And #Metoo, Linda S. Greene, Lolita Buckner Inniss, Bridget J. Crawford, Mehrsa Baradaran, Noa Ben-Asher, I. Bennett Capers, Osamudia R. James, Keisha Lindsay

Publications

This essay explores the apparent differences and similarities between the Black Lives Matter and the #MeToo movements. In April 2019, the Wisconsin Journal of Gender, Law and Society hosted a symposium entitled “Race-Ing Justice, En-Gendering Power: Black Lives Matter and the Role of Intersectional Legal Analysis in the Twenty-First Century.” That program facilitated examination of the historical antecedents, cultural contexts, methods, and goals of these linked equality movements. Conversations continued among the symposium participants long after the end of the official program. In this essay, the symposium’s speakers memorialize their robust conversations and also dive more deeply into the phenomena, …

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Redemptive Penology Vs. Exclusive Retributive Justice, Samuel Chuks Japhets Jan 2019

Redemptive Penology Vs. Exclusive Retributive Justice, Samuel Chuks Japhets

Masters Theses

Grounded on long-standing penal notions of exclusive retributivism inherited from classical theorists, Ancient Near East lex talionis, and theonomist penology, the United States federal sentencing and corrections system aims to administer just desert sentences on offenders, to curtail crimes. This exclusively retributive model of criminal sanction is, presumably transformative and innately capable of dispensing holistic justice to society, victims, and criminals. However, the preponderance of high rates of recidivism raises the question of whether this exclusively retributive doctrinal framework that drives the federal penology empirically results in a redemptive administration of penal justice, especially to the offender. Given the traditional …

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Small Crimes, Big Injustices, Stephanos Bibas Jan 2019

Small Crimes, Big Injustices, Stephanos Bibas

Michigan Law Review

Review of Alexandra Natapoff's Punishment Without Crime: How Our Massive Misdemeanor System Traps the Innocent and Makes America More Unequal.

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Allegedly, Emma Patton Dec 2018

Allegedly, Emma Patton

Children's Book and Media Review

Mary Addison killed a baby when she was nine years old. Allegedly. Now fifteen, Mary is out of “baby jail,” but lives in a group home for teenage girls with criminal records. Though she is supposed to have many advocates in her life, none of the professionals assigned to her case seem to care at all. Consequently, Mary lives a cold and tortured life. When she discovers she is pregnant, she knows that she has to find a way to keep the baby to prove to herself and others that she is more than a baby killer. Mary experiences hope …

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Karma After Democratic Kampuchea: Justice Outside The Khmer Rouge Tribunal, Caroline Bennett Dec 2018

Karma After Democratic Kampuchea: Justice Outside The Khmer Rouge Tribunal, Caroline Bennett

Genocide Studies and Prevention: An International Journal

This article considers ways people in Cambodia narrate the Khmer Rouge regime and its genocide outside the bounds of the Extraordinary Chambers in the Courts of Cambodia (ECCC). Based on anthropological fieldwork, I explore how informants use ‘karma’ to discuss the genocide, and by doing so create their own understandings and lived experiences of that period of historical violence, understandings that do not fit neatly into the narrative modes created by the courts. By stepping outside the court, I consider ways of dealing with the genocide that exist beyond the international framework of transitional justice, thereby asking wider questions of …

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"I Wanted Them To Be Punished Or At Least Ask Us For Forgiveness”: Justice Interests Of Female Victim-Survivors Of Conflict-Related Sexual Violence And Their Experiences With Gacaca, Judith Rafferty Dec 2018

"I Wanted Them To Be Punished Or At Least Ask Us For Forgiveness”: Justice Interests Of Female Victim-Survivors Of Conflict-Related Sexual Violence And Their Experiences With Gacaca, Judith Rafferty

Genocide Studies and Prevention: An International Journal

Survivors of human rights abuses need to experience a sense of justice to support their individual recovery. Women who have experienced conflict-related sexual violence have specific justice interests that are distinct from those of survivors of other abuses. This article focuses on justice interests of Rwandan women who experienced sexual violence during the genocide in Rwanda and who had their cases tried in gacaca community courts between 2008 and 2012. The article discusses two justice interests that emerged during interviews with 23 Rwandan women about their gacaca experience. These interests include the punishment of perpetrators and perpetrators taking responsibility for …

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Occupational Therapy: A Partner For Justice In Jesuit Higher Education, Rebecca M. Aldrich Dec 2018

Occupational Therapy: A Partner For Justice In Jesuit Higher Education, Rebecca M. Aldrich

Jesuit Higher Education: A Journal

The commitment to justice spans disciplines across Jesuit higher education, including the health sciences. At least 12 Jesuit colleges and universities offer occupational therapy programs, but the profession has been somewhat overlooked as a partner for justice on those campuses. Through a case example focusing on Saint Louis University’s Department of Occupational Science and Occupational Therapy (SLU-DOSOT), this article aims to illustrate the ways in which occupational therapy can be a partner in the promotion and pursuit of justice. A brief overview of the profession’s perspective on occupational justice precedes the description of SLU-DOSOT, and selected examples illustrate the range …

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Law School News: Rwu Law Student Receives Skadden Fellowship To Pursue Public-Interest Law 11/26/2018, Edward Fitzpatrick Nov 2018

Law School News: Rwu Law Student Receives Skadden Fellowship To Pursue Public-Interest Law 11/26/2018, Edward Fitzpatrick

Life of the Law School (1993- )

No abstract provided.

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Broadly Speaking - Fall 2018, Nova Southeastern University Oct 2018

Broadly Speaking - Fall 2018, Nova Southeastern University

Broadly Speaking

No abstract provided.

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Revisiting A Classic: A Qualitative Analysis Of Differential Opportunity Theory And Its Utility In Explaining Residential Burglary, John A. Shjarback Sep 2018

Revisiting A Classic: A Qualitative Analysis Of Differential Opportunity Theory And Its Utility In Explaining Residential Burglary, John A. Shjarback

Qualitative Criminology (QC)

"Cloward and Ohlin’s (1960) differential opportunity theory made several significant contributions to criminology, including the emphasis on illegitimate means and the idea that social structure influences criminal opportunity. The problem, however, is that the field largely misinterpreted Cloward and Ohlin’s intent as a simple variation of strain theory instead of a critical refinement of the existing perspective. Generally, the theory has not received much scholarly attention in terms of testing of its key propositions. Using semi-structured personal interviews with 105 active residential burglars in St. Louis, Missouri during 1989- 1990, the current study uses qualitative measures to analyze differential opportunity …

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Interviewing Cybercrime Offenders, Alice Hutchings, Thomas J. Holt Sep 2018

Interviewing Cybercrime Offenders, Alice Hutchings, Thomas J. Holt

Qualitative Criminology (QC)

"Research on cybercrime offending and victimization has increased dramatically over the past two decades, though qualitative scholarship on more technical offenses such as computer misuse has not kept pace with this broader trend. This research aims to identify potential best practices for researchers considering qualitative interviews as a method for researching computer misuse offenses, more commonly involving hacking techniques. The authors interviewed six experienced researchers who conducted qualitative examinations of active or incarcerated cybercriminals to understand their common experiences with recruitment, ways in which they interviewed research participants, ethical issues, and publishing their research. This analysis explores the difficulties associated …

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The Life Course Of Female Homicide Offenders: The Context Of Turning Points, Alesa Liles Sep 2018

The Life Course Of Female Homicide Offenders: The Context Of Turning Points, Alesa Liles

Qualitative Criminology (QC)

"Although research on female offending has grown in the past few decades, the criminal justice system has remained inadequate in addressing the needs of women. Available research shows some experiences play a significant role in the lives of women that differ from men. To elaborate, this study sought to incorporate life course perspective and the individual’s perspective to show that context is fundamental to life course research. This study identified life events and turning points specific to female homicide offenders and validated the necessary incorporation of perception and attribution to future research with life course perspective."

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Culture, Socialization, And Firearms Violence In The United States, Jennifer L. Lanterman, Sarah J. Blithe Sep 2018

Culture, Socialization, And Firearms Violence In The United States, Jennifer L. Lanterman, Sarah J. Blithe

Qualitative Criminology (QC)

"Firearm violence persists in the United States despite innumerable social, political, and economic changes throughout the 20th and early 21st centuries. Collaborative Event Ethnography was used at seven gun shows in three regions of the United States to explore childhood socialization into firearm culture via intergenerational communication of values and views regarding violence, safety, and the use of firearms. Children were observed at all gun shows engaged in activities ranging from standard play to potentially dangerous activity in an environment characterized by bias and controversy. The findings support social learning theory and provide some insight into the role of culture …

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Preliminary Investigation Of Pharmaceutical Counterfeiters In The United States, Jay P. Kennedy, Ksenia Petlakh, Jeremy M. Wilson Sep 2018

Preliminary Investigation Of Pharmaceutical Counterfeiters In The United States, Jay P. Kennedy, Ksenia Petlakh, Jeremy M. Wilson

Qualitative Criminology (QC)

Pharmaceutical counterfeiting is one of the most pressing public health concerns in the United States and abroad, and recently an increasing amount of scholarly attention has been given to this issue. However, the extant literature lacks a systematic investigation of the specific roles undertaken within pharmaceutical counterfeiting schemes. We attempt to address this knowledge gap through an analysis of individuals convicted in federal court of counterfeiting offenses related to U.S.-based pharmaceutical counterfeiting incidents. From our investigation we identified six distinct roles that can classify an individual’s involvement in a pharmaceutical counterfeiting scheme: Key/Lead, Supporting, Sales/Distribution to Legitimate Others, Sales/Distribution to …

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Cons, Constructions And Misconceptions Of Computer Related Crime: From A Digital Syntax To A Social Semantics, M. R. Mcguire Jul 2018

Cons, Constructions And Misconceptions Of Computer Related Crime: From A Digital Syntax To A Social Semantics, M. R. Mcguire

Qualitative Criminology (QC)

"Has the framing of computer crime been a process which has, in effect, left us all framed? What is it that we think that we understand when we use terms like “internet crime,” “cybercrime,” or “technocrime,” and in what sense does this understanding constitute knowledge? In particular, the kind of knowledge which can be defined as “social scientific?” In this paper, I apply one of the key distinctions used to define computational processes – that made between a syntax and a semantics – to illustrate some of the problems that have affected our thinking about cybercrime and undermined our responses …

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Technocrime At The Margins: Introduction To The Special Issue On Critical Or Marginal Perspectives And Issues In The Study Of Technocrime, Kevin F. Steinmetz Jul 2018

Technocrime At The Margins: Introduction To The Special Issue On Critical Or Marginal Perspectives And Issues In The Study Of Technocrime, Kevin F. Steinmetz

Qualitative Criminology (QC)

"When first asked to guest edit a special issue of the Journal of Qualitative Criminal Justice and Criminology, I admit that I was hesitant. I knew from helping Willard Oliver start this journal and from working as its first book review editor that editorship can be trying—and often underappreciated— work. Tom Holt, the editor of the journal at the time, however, was ambitious and willing to take some risks in his mission to carry the journal forward. As such, he offered me tremendous latitude and support for pursuing my unique vision for a special issue on technocrime issues from …

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The Cyborgian Deviant: An Assessment Of The Hacker Through The Lens Of Actor-Network Theory, Wytske Van Der Wagen Jul 2018

The Cyborgian Deviant: An Assessment Of The Hacker Through The Lens Of Actor-Network Theory, Wytske Van Der Wagen

Qualitative Criminology (QC)

"When we think of technocrime, it is immediately “the hacker” who comes to mind, a somewhat mystical figure who can do seemingly magical as well as malicious things with technology. Throughout history, various scholars, including criminologists, have sought to grasp the hacker phenomenon so as to unravel hackers’ techno-culture, identity, and mentality. The current study is one of them, yet it does so from a novel, less anthropocentric angle. Drawing on the cyborg-lens of actor-network theory, which considers the human and the technical as nonseparable, this study conceives the hacker as a “cyborgian deviant:” a transgressive blend of human and …

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The Use Of Mythic Narratives In Presidential Rhetoric On Cybercrime, Joshua B. Hill, Nancy E. Marion Jul 2018

The Use Of Mythic Narratives In Presidential Rhetoric On Cybercrime, Joshua B. Hill, Nancy E. Marion

Qualitative Criminology (QC)

"What politicians say about crime matters, both because of the impact their rhetoric has on public opinion and the policies and motives those words often portend. This is no different when presidents speak about the relatively new area of technocrime. As with other types of crime, political rhetoric on technocrime relies on previous social constructions of the problem, which are (in part) based on myths rooted in popular culture. These myths can be used to help forward political agendas in ways that may be useful to the politician, but that do not address the causes or effects of technocrime. Using …

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Seductive Events: A Critical Examination Of Youth Sexting, Karen Holt Jul 2018

Seductive Events: A Critical Examination Of Youth Sexting, Karen Holt

Qualitative Criminology (QC)

"The social impact of technologies is evident among both teenagers and young people. Youth now experience and engage in most aspects of daily life “online” through the use of social media, mobile phones, and the Internet. This has led to a host of concerns, from parents, educators, advocates, and law enforcement regarding the ways in which this technology is being used, with the debate focused primarily on the issue of “sexting” or sharing of naked and semi-naked selfies. This paper explores sexting behavior from a critical perspective, examining the individual and institutional narratives that continue to shape and influence opinion …

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Coping With Cybercrime Victimization: An Exploratory Study Into Impact And Change, Jurjen Jansen, Rutger Leukfeldt Jul 2018

Coping With Cybercrime Victimization: An Exploratory Study Into Impact And Change, Jurjen Jansen, Rutger Leukfeldt

Qualitative Criminology (QC)

"An increasing number of Internet users are dealing with cybercrime victimization. In order to find out whether victims adequately recover from cybercrime incidents, it is important to gain insight into its effects and impact on users. However, as it stands now, there is not much literature on the impact of cybercrime. We address this gap by qualitatively examining the impact of two types of cybercrime, namely phishing and malware attacks targeting online banking customers. We used the coping approach as a framework to study how victims deal with the negative events they have experienced. In order to study the impact …

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Rhode Island's Top Lawyer: Peter Kilmartin, Rwu Class Of 1998 5-2018, Roger Williams University School Of Law May 2018

Rhode Island's Top Lawyer: Peter Kilmartin, Rwu Class Of 1998 5-2018, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

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Role Of The Church In Restorative Justice : Sex Trafficking Of Children And Young Girls In Karnataka, Roopa Anand May 2018

Role Of The Church In Restorative Justice : Sex Trafficking Of Children And Young Girls In Karnataka, Roopa Anand

ATS Dissertations

No abstract provided.

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Integrating The Access To Justice Movement, Lauren Sudeall Apr 2018

Integrating The Access To Justice Movement, Lauren Sudeall

Vanderbilt Law School Faculty Publications

Last fall, advocates of social change came together at the A2J Summit at Fordham University School of Law and discussed how to galvanize a national access to justice movement - who would it include, and what would or should it attempt to achieve? One important preliminary question we tackled was how such a movement would define "justice," and whether it would apply only to the civil justice system. Although the phrase "access to justice" is not exclusively civil in nature, more often than not it is taken to have that connotation. Lost in the interpretation is an opportunity to engage …

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Qualitative Approach To Understanding Guardian Models Of Policing, Jacqueline B. Helfgott, Beck M. Strah, Joycelyn Pollock, Loren T. Atherley, John Vinson Mar 2018

Qualitative Approach To Understanding Guardian Models Of Policing, Jacqueline B. Helfgott, Beck M. Strah, Joycelyn Pollock, Loren T. Atherley, John Vinson

Qualitative Criminology (QC)

Since 2015, there has been a growing interest and controversy regarding the “warrior” versus “guardian” models of policing. This article discusses the concept of guardian policing and uses qualitative data from an evaluation of guardian-based training in a police academy to highlight guardian concepts as understood by the trainers. Results suggest that trainers generally exhibit a widespread level of support and commitment towards the guardian model and the priorities of guardian training, view the model as consistent with what has traditionally been considered “good policing,” and believe that critics do not understand the basic elements of the model itself, …

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Graffiti With A Purpose: Sexual Violence & Social Justice Conversations In University Bathroom Stalls, Rachel E. Green, Miriam Northcutt Bohmert, Amanda N. Gesselman, Rasul Mowatt, Jennifer Maher, Justin R. Garcia Mar 2018

Graffiti With A Purpose: Sexual Violence & Social Justice Conversations In University Bathroom Stalls, Rachel E. Green, Miriam Northcutt Bohmert, Amanda N. Gesselman, Rasul Mowatt, Jennifer Maher, Justin R. Garcia

Qualitative Criminology (QC)

In 2014, our university began posting educational fliers in bathroom stalls across campus in order to share resources and policies on sexual violence, which spurred numerous forms of graffiti commentary about sexual violence prevention and response. Since some scholars have argued that bathroom graffiti can be a unique form of social commentary and even resistance facilitated by the tension of doing semi-private things in semi-public spaces, we examined 429 bathroom stall fliers across 11 heavily trafficked campus buildings, and a total of 177 graffiti comments/images. We then analyzed the relationships between comments in order to answer research questions about the …

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Routledge Handbook Of Graffiti And Street Art, Jeffrey Ian Ross (Editor), Andrew C. Gray Mar 2018

Routledge Handbook Of Graffiti And Street Art, Jeffrey Ian Ross (Editor), Andrew C. Gray

Qualitative Criminology (QC)

Expressing oneself by depicting images on public surfaces for others to view is a system of communication that has been around since the earliest societies formed and developed their own languages. This tradition of public communication has continued into the present in the form of graffiti and street art. The development of contemporary graffiti and street art is often attributed to the scenes in Philadelphia and New York City, which arose during the 1970s. In fact, it has been contended that these art forms spread to and mixed with graffiti/street art scenes across the globe due to NYC’s status as …

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Criminal Genius: A Portrait Of High-Iq Offenders, James C. Oleson, Allen Copenhaver Mar 2018

Criminal Genius: A Portrait Of High-Iq Offenders, James C. Oleson, Allen Copenhaver

Qualitative Criminology (QC)

Criminology has a long history of attempting to discover and explain what some researchers claim are links between biological characteristics and criminal behavior. More specifically, some criminologists have explored the potential linkages between IQ and criminal behavior (i.e. see the work of Lombroso, Beaver, and Hirschi, among others). James C. Oleson continues this line of research with his 2016 book Criminal Genius: A Portrait of High-IQ Offenders. Oleson’s work is unique in that it is the first attempt to systematically examine the potential links between individuals with high IQs and criminal behavior. To accomplish this, Oleson uses a mixture …

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Susan F. Sharp, Susan Marcus-Mendoza, Kathleen A. Cameron, Elycia S. Daniel-Roberson, Across The Spectrum Of Women And Crime: Theories, Offending, And The Criminal Justice System, Aneesa A. Baboolal Mar 2018

Susan F. Sharp, Susan Marcus-Mendoza, Kathleen A. Cameron, Elycia S. Daniel-Roberson, Across The Spectrum Of Women And Crime: Theories, Offending, And The Criminal Justice System, Aneesa A. Baboolal

Qualitative Criminology (QC)

In Across the Spectrum of Women and Crime: Theories, Offending, and the Criminal Justice System, edited by Susan F. Sharp (The University of Oklahoma), Susan Marcus-Mendoza (The University of Oklahoma), Kathleen A. Cameron (Pittsburg State University), and Elycia S. Daniel-Roberson (Texas Southern University), interdisciplinary perspectives that examine multiple dimensions of women’s offending grounded in feminist theory are presented across three sections of the book. This edited volume first focuses on theoretical perspectives of women and crime including addressing intersectional social locations related to gender, race, class, and sexual orientation. The second section examines a variety of female offenders including …

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