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Anomie In The Oil Patch? An Examination Of Durkheim’S Anomie Theory Through A Case Study Of The Bakken Region, Fred Matthew Jones Jan 2016

Anomie In The Oil Patch? An Examination Of Durkheim’S Anomie Theory Through A Case Study Of The Bakken Region, Fred Matthew Jones

Theses and Dissertations

Emile Durkheim serves as one of the seminal contributors to the field of sociology; his contributions to criminology are numerous as well. Many authors consider Durkheim’s concept of anomie to be his most important contribution to the field of criminology (Lunden, 1972). Durkheim’s anomie theory has been subject to extensive empirical examination, these efforts have resulted in disparate findings. Graeff and Mehlkop (2007) insist this lack of coherence is due to improper operationalization of Durkheim’s anomie by some researchers. In particular, it is the utilization of cross sectional data in these previous studies which contributes to these disparate results. The …

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Public Opinion About Police Use Of Body-Worn Cameras, Deanne Paulsen Jan 2016

Public Opinion About Police Use Of Body-Worn Cameras, Deanne Paulsen

Theses and Dissertations

There has been a significant increase in media attention about encounters between police officers and the public which have ended badly, sometimes in injury or death. These events have increased public concern about police conduct. Because of these events and the adverse publicity they have generated, many police departments have begun using body-worn cameras. The police use of body-worn cameras raises many important issues such as their effects on privacy and police-community relations. Because police departments have just recently begun using body cameras, there has been limited research on them. Consequently, the current study examined whether the public favors the …

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Uf Law Spring 2016, University Of Florida Levin College Of Law Jan 2016

Uf Law Spring 2016, University Of Florida Levin College Of Law

UF Law Magazine

Practice Makes Perfect; Semester in Practice Prepares Students for Major Legal Markets; New Connections Between UF and China; Cesar Alvarez's Big Idea; A Very Deep Bench

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Now & Then (Volume 31, Issue 02, 2016), Center Of Excellence For Appalachian Studies And Services, East Tennessee State University Jan 2016

Now & Then (Volume 31, Issue 02, 2016), Center Of Excellence For Appalachian Studies And Services, East Tennessee State University

Now & Then: The Appalachian Magazine

Now & Then: The Appalachian Magazine, Volume 31, Issue 02, published in 2016. The theme of this issue is Justice in Appalachia. Framed by questions of justice and accountability, this issue brings together writing that addresses legal, environmental, social, and cultural struggles across Appalachia. Drawing on both historical memory and contemporary events, it documents labor conflicts, resource extraction, and public health crises alongside efforts to organize, protest, and seek reform. Contributors present personal narratives and community based accounts that examine issues of identity, including LGBTQ and Melungeon experiences, as well as movements for racial justice and intergenerational activism. The …

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Furling The South Carolina Confederate Flag: Political Expediency Or Cultural Change?, Grant Burnette Lefever Jan 2016

Furling The South Carolina Confederate Flag: Political Expediency Or Cultural Change?, Grant Burnette Lefever

Electronic Theses and Dissertations

Until July 2000, three Confederate battle flags flew at the South Carolina State House—one in each Legislative chamber and a third on top of the State House dome, on the same pole and just below the U.S. flag and the state’s Palmetto flag. A legislative compromise that year removed the flags from the State House to a prominent site 100 yards away in front of the building, next to a memorial to South Carolina’s Confederate dead. Though it only moved the flag a short distance and to an arguably more visible location, the 2000 compromise was the culmination of over …

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When Does A Juvenile Become An Adult? Implications For Law And Policy, Alexandra O. Cohen, Richard J. Bonnie, Kim A. Taylor-Thompson, B J. Casey Jan 2016

When Does A Juvenile Become An Adult? Implications For Law And Policy, Alexandra O. Cohen, Richard J. Bonnie, Kim A. Taylor-Thompson, B J. Casey

Faculty Articles

The U.S. Supreme Court has issued a series of landmark decisions regarding the culpability of juveniles under the age of eighteen and has increasingly referenced developmental science in these opinions. Still, the line between juvenile court jurisdiction and criminal court jurisdiction varies widely among state laws, as do the minimum ages for other legal or regulatory purposes. Although the operative age of “adulthood” typically falls somewhere between the ages of eighteen and twenty-one, it has been set lower in some important policy contexts, such as the age at which an adolescent is subject to criminal prosecution and punishment. Legal distinctions …

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The New Public, Sarah A. Seo Jan 2016

The New Public, Sarah A. Seo

Faculty Articles

By exploring the intertwined histories of the automobile, policing, criminal procedure, and the administrative state in the twentieth-century United States, this Essay argues that the growth of the police’s discretionary authority had its roots in the governance of an automotive society. To tell this history and the proliferation of procedural rights that developed as a solution to abuses of police discretion, this Essay examines the life and oeuvre of Charles Reich, an administrative-law expert in the 1960s who wrote about his own encounters with the police, particularly in his car. The Essay concludes that, in light of this regulatory history …

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Selling Kids Short: How "Rights For Kids" Turned Into "Kids For Cash", Martin Guggenheim, Randy A. Hertz Jan 2016

Selling Kids Short: How "Rights For Kids" Turned Into "Kids For Cash", Martin Guggenheim, Randy A. Hertz

Faculty Articles

In this Article, we will use one of JLC’s many victories, the case of the so-called “kids for cash” scandal of Luzerne County, Pennsylvania in 2008–2009, to look at the current state of juvenile justice and to look back at how we got here. This was a case so bizarre and shocking that it is still difficult to believe it could have happened, let alone that it could have taken place in the modern era. Over the course of roughly a decade, two judges in the western part of Pennsylvania made millions of dollars by wrongfully imprisoning more than 1,800 …

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Secret Policing, Barry Friedman Jan 2016

Secret Policing, Barry Friedman

Faculty Articles

This is a paper about secrecy and policing. It is written at a time of intense discussion about policing in America. There is widespread concern that policing agencies have lost the trust of the communities they are charged to police, and that the "legitimacy" of policing is at risk. Part of what is needed, no doubt, is greater transparency around policing. People do not trust those who keep secrets from them. But it goes beyond that. For too long policing has operated aloof from the regular workings of democracy. And there cannot be democratic engagement with policing if what those …

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Something Old, Something New: Reflections On The Sex Bureaucracy, Melissa Murray, Karen Tani Jan 2016

Something Old, Something New: Reflections On The Sex Bureaucracy, Melissa Murray, Karen Tani

Faculty Articles

This essay responds to “The Sex Bureaucracy,” in which Jacob Gersen and Jeannie Suk identify a “bureaucratic turn in sex regulation”—one that has expanded the reach of sexual regulation to include “nonviolent, non-harassing, voluntary sexual conduct” (or in their words, “ordinary sex”). In their view, the Department of Education’s campaign against sexual assault on college campuses epitomizes this bureaucratic shift. While applauding the authors’ attention to the intersection of sexuality and governance, we challenge their account of the “bureaucratic turn” as an unprecedented event. Drawing on examples from across U.S. history, we show how administrative agencies and unelected bureaucrats have …

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Consent: What It Means And Why It’S Time To Require It, Stephen J. Schulhofer Jan 2016

Consent: What It Means And Why It’S Time To Require It, Stephen J. Schulhofer

Faculty Articles

In this paper, I argue that it is time—past time—to give workable content to the notion of sexual consent and to require it as a prerequisite to the penetration of another person. Before turning to the core of my argument, however, I will explain the precise form of consent that I defend. Although it should be uncontroversial that consent—whether favored or opposed—is something communicated by the totality of a person’s conduct, there remains potential ambiguity and significant disagreement about how such a requirement is best framed. In Part I, I describe alternative formulations of consent-by-conduct that are currently in play …

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Procedural Justice And Policing: Four New Directions, Rebecca Hollander-Blumoff Jan 2016

Procedural Justice And Policing: Four New Directions, Rebecca Hollander-Blumoff

Washington University Journal of Law & Policy

This Article, by Professor Rebecca Hollander-Blumoff from Washington University School of Law in St. Louis, analyzes the concept of procedural justice within the frame of contemporary policing. Using the shooting of Michael Brown as a catalyst, Hollander-Blumoff advocates for four potential areas of future development in procedural justice: (1) the interaction between the research on self-control and procedural justice; (2) research on the tools most effective in creating positive perceptions of fairness by police; (3) the implications of treating procedural justice not as a dynamic interchange; and (4) the role of reactive devaluation as it might affect reaction to procedural …

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Sexual Assault Complaint Management From The Perspectives Of Ex-Military Air Force Leaders, Annmarie Macaraeg Jan 2016

Sexual Assault Complaint Management From The Perspectives Of Ex-Military Air Force Leaders, Annmarie Macaraeg

Walden Dissertations and Doctoral Studies

Military sexual assault continues to be a persistent problem for the Department of Defense despite the development of new reporting procedures. A sexual assault in the military can cause a lapse in mission accomplishment, negatively interrupt the victim's career, and lead personnel to fail at meeting high standards and expectations. The management of sexual assault complaints in the military has not been effective in preventing sexual assaults from occurring. This grounded theory study looked to explain how military leadership approaches the sexual assault complaint management process. Bronfenbrenner's (1979) ecological model of human development was the conceptual lens used for this …

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Culture As A Structural Problem In Indigent Defense, Eve Brensike Primus Jan 2016

Culture As A Structural Problem In Indigent Defense, Eve Brensike Primus

Articles

In Part I, I will describe the ways in which today's right-to-counsel challenges are similar to and different from those that faced the writers of the 1961 symposium. I will also explain in more detail why the structural conditions of criminal defense work to create (and, to some extent, always have created) a cultural problem in indigent defense delivery systems across the country. In Part II, I will discuss why I believe that we are, once again, facing a moment for potential reform, albeit reform that is different in scope and kind from that which was possible in the 1960s. …

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The Tribes Of Maycomb County: The Continuing Quest To Transcend Our Differences, Steven H. Hobbs Jan 2016

The Tribes Of Maycomb County: The Continuing Quest To Transcend Our Differences, Steven H. Hobbs

Articles

No abstract provided.

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Tsai Today (2016), Southern Methodist University, Dedman School Of Law, Tsai Center For Law, Science And Innovation Jan 2016

Tsai Today (2016), Southern Methodist University, Dedman School Of Law, Tsai Center For Law, Science And Innovation

Tsai Today

No abstract provided.

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The Quad (The 2016 Alumni Magazine), Southern Methodist University, Dedman School Of Law Jan 2016

The Quad (The 2016 Alumni Magazine), Southern Methodist University, Dedman School Of Law

The Quad (Law Alumni Magazine), 1988-present

• Faculty Forward: A celebration of amazing things our outstanding faculty members are doing
• The Second Century Campaign Ends Strong
• Mustang Bar Goes Global
• Four Terrific New Faculty Members
• SMU Dedman Law Remembers Professor Joe McKnight

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Mass Incarceration In Detroit: A Historical Narrative, Labreonna \. Bland Jan 2016

Mass Incarceration In Detroit: A Historical Narrative, Labreonna \. Bland

Wayne State University Theses

Mass incarceration has pervaded throughout the country and in its wake, the United States is looked to as the country that imprisons the largest percentage of its population than any other place in the world. The phenomenon of mass incarceration continues to be deconstructed by scholars in an attempt to turn the tide and understand the various intricacies that lie at the center of our carceral state. This paper attempts to explore those intricacies on a local level by looking at Detroit, Michigan. The city of Detroit has been constantly restructured economically, politically, racially, and socially throughout the years as …

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Conversations On Controversy: An Examination Of Internet Discussions On High-Profile Incidents Of Recorded Police Brutality, Brittany Nicole Jefferson Jan 2016

Conversations On Controversy: An Examination Of Internet Discussions On High-Profile Incidents Of Recorded Police Brutality, Brittany Nicole Jefferson

Wayne State University Theses

The purpose of this study is to examine the conversations that Internet user have when discussing publicized, recorded incidents of police brutality. This study examined the deaths of Tamir Rice, Eric Garner and Walter Scott and the subsequent discussions about the incidents on YouTube.com, MSNBC.com and NYTimes.com. This was accomplished by using an exploratory content analysis to establish what are the general topics of these discussions. This analysis found that there are 2 major themes that are discussed by Internet users when they comment; the content of the video and the social context of the incident itself. However, the popularity …

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Does Justice Exist?: An Examination Of The Association Between Race And Perceptions Of The Criminal Justice System., Catina Antionette Polk Jan 2016

Does Justice Exist?: An Examination Of The Association Between Race And Perceptions Of The Criminal Justice System., Catina Antionette Polk

Wayne State University Theses

This paper examines the association between race and perceptions of trust in the criminal justice system amongst five different racial groups. Sociologists have diligently worked towards determining the effects of race, on court decisions, because (1) it is an important social issue, (2) it is widely considered a testing ground for propositions derived from conflict theory, and (3) the research literature is laced with contradictory findings and conclusions (Unnever et al. 1980). The present study will determine if there is a disconnection between minority groups and the criminal justice system. Furthermore, it will discover if "blackness" alone is the factor …

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Trafficking In Narratives: Conceptualizing And Recasting Victims, Offenders, And Rescuers In The War On Human Trafficking, Sabrina Balmgamwalla Jan 2016

Trafficking In Narratives: Conceptualizing And Recasting Victims, Offenders, And Rescuers In The War On Human Trafficking, Sabrina Balmgamwalla

Law Faculty Research Publications

Anti-trafficking laws emerge from a complex historical context, shaped in no small part by public perception of this highly complex problem. This Article explores and questions the headlines and examples that drove anti-trafficking reforms over the past century. These "trafficking narratives" have stimulated and shaped the response to trafficking both globally and domestically and have powerful implications for the evolving framework of protection and punishment. Specifically, this Article argues that the roles of "victims," "offenders," and "rescuers" serve as proxies for racialized and gendered assumptions about trafficking, which in turn are reflected in anti-trafficking law and enforcement. This Article builds …

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Shocking The Eighth Amendment's Conscience: Applying A Substantive Due Process Test To The Evolving Cruel And Unusual Punishments Clause, Jency Megan Butler Jan 2016

Shocking The Eighth Amendment's Conscience: Applying A Substantive Due Process Test To The Evolving Cruel And Unusual Punishments Clause, Jency Megan Butler

UC Law Constitutional Quarterly

Excessive force is today's most prominently debated governmental abuse. The "shocks the conscience" test is a widely used substantive due process protection that analyzes excessive force claims. More specifically, under excessive force law, the "shocks the conscience" test evaluates whether the government has violated a person's constitutional rights. This Note begins with an overview of Eighth Amendment history and articulates a problem in today's Cruel and Unusual jurisprudence created by the Supreme Court's unsettled proportionality review. This Note then proposes that the Cruel and Unusual Punishments Clause should be interpreted with the "shocks the conscience" standard. For an Eighth Amendment …

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Procedural Due Process Liberty Interests, Ann Woolhandler Jan 2016

Procedural Due Process Liberty Interests, Ann Woolhandler

UC Law Constitutional Quarterly

The Supreme Court's divided decision inKerry v. Din, 135 S. Ct. 2128 (2015), shows the difficulty of defining liberty for purposes of procedural due process. Din, a United States citizen, claimed that she had been denied procedural due process when the State Department refused to grant an immigrant visa to her husband. Justice Scalia's plurality opinion reasoned that Din had no liberty interest protected by procedural due process, while Justice Breyer's dissent concluded that Din had such an interest based on fundamental rights involving marriage, the right of citizens to reside in the country, and statutory immigration preferences for spouses. …

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Waiving Goodbye: In Memory Of The Reasonable-Doubt Standard, Steven Wall Jan 2016

Waiving Goodbye: In Memory Of The Reasonable-Doubt Standard, Steven Wall

UC Law Constitutional Quarterly

This Note will focus on the unique helplessness of innocent defendants who have plead guilty in cases involving governmental misconduct. The Supreme Court has recognized that our criminal justice system is, for the most part, a system of pleas rather than trials. Unfortunately, there are many indications that innocent people plead guilty. The most developed realm of law being used to push for measures to reduce the occurrence of this phenomena is the body of cases stemming from Brady v. Maryland. Brady v. Maryland requires prosecutors to disclose material exculpatory evidence (evidence demonstrating actual innocence) and impeaching evidence at trial. …

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Police Bias In The Enforcement Of Drug Crimes: Evidence From Low Priority Laws, Gregory Deangelo, Kai Gittings, Amanda Ross, Annie Walker Jan 2016

Police Bias In The Enforcement Of Drug Crimes: Evidence From Low Priority Laws, Gregory Deangelo, Kai Gittings, Amanda Ross, Annie Walker

Economics Faculty Working Papers Series

We consider the impact of adoption of a low priority initiative in some jurisdictions within Los Angeles County on police behavior. Low priority initiatives instruct police to make the enforcement of low level marijuana possession offenses their ``lowest priority.'' Using detailed data from the Los Angeles County Sheriff's Department and a difference-in differences strategy, we show that the mandate resulted in a lower arrest rate for misdemeanor marijuana possession in adopting areas. However, the lower relative arrest rate is driven by a spike in the arrest rate in areas not affected by the mandate rather than a reduction in adopting …

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Shared Spaces, Shared Learning: University/Corrections Partnerships That Transform Thinking, Deborah Smith Arthur, Amy Spring Jan 2016

Shared Spaces, Shared Learning: University/Corrections Partnerships That Transform Thinking, Deborah Smith Arthur, Amy Spring

University Studies Faculty Publications and Presentations

By partnering with correctional facilities, institutions of higher education are well positioned to create shared learning communities that provide profound educational experiences. Portland State University offers several courses involving university/corrections partnerships; these courses meet inside carceral institutions. This article highlights three of these courses and the shared learning spaces they involve. We address the negotiating of these partnerships, development of the courses, and the creation, maintenance and outcomes of these complex learning environments.

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A Preference For Freedom: Kantian Implications For An Incompatibilist Will And Practical Accountability, Maggie Miller Jan 2016

A Preference For Freedom: Kantian Implications For An Incompatibilist Will And Practical Accountability, Maggie Miller

CMC Senior Theses

This thesis aims to provide a coherent account of free will and practical grounds to prefer it. Its goal is to develop a pragmatic understanding of agency by which to hold individuals morally accountable. The paper begins with a critique of P.F. Strawson, whose seminal paper “Freedom and Resentment” bypasses the question of free will altogether in its claims about morality. Subsequently, it proceeds to a defense of incompatibilism that traces an argument through the existing literature. From this position, it claims that neither Strawson nor traditional compatibilists can provide an account of morality that is reliable or well enough …

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Relationships Within The Family Tree: Roots Of Recidivism, Madison Gebhard Jan 2016

Relationships Within The Family Tree: Roots Of Recidivism, Madison Gebhard

CMC Senior Theses

This paper seeks to examine the correlation between family relations and habitual criminal activity. Building on previous research analyzing the power and influence of positive family environments on criminal behavior, I studied the effect of parent-child relationships as determinants of adult recidivism. My results corresponded with previous studies and implied a direct correlation between positive relationships and recidivism reduction. Furthermore, my findings support the research illustrating the effect of a person's family criminal history, level of education, and socioeconomic status on criminal behavior, which may ultimately have an effect on these influential ties between parents and children.

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The Political Implications Of Felon Disenfranchisement Laws In The United States, Katharine G. Connaughton Jan 2016

The Political Implications Of Felon Disenfranchisement Laws In The United States, Katharine G. Connaughton

CMC Senior Theses

This empirical study analyzes the political implications for presidential election outcomes that stem from varying felon disenfranchisement laws within the United States. In the past decade incarceration rates have drastically increased, consequently augmenting the disenfranchised population. This paper focuses on presidential election outcomes and state political party majorities in the election years 2000, 2004, 2008, and 2012. I use demographic characteristics to calibrate assumptions for voter turnout and political party choice among the disenfranchised populations within each state. I then apply these voting populations to historical election outcomes and find that three state political party outcomes change, as well as …

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Playing Fair With Imprisonment, Richard Dagger Jan 2016

Playing Fair With Imprisonment, Richard Dagger

Political Science Faculty Publications

This chapter rests on two assumptions, at least one of which is controversial. The first is that something is wrong when a society imprisons as many people as the United States now does. According to a widely published columnist, George Will, the rate of imprisonment was about 100 per 100,000 Americans until the 1970s. Since then the rate has shot up, to the point where "700 per 100,000" are now in prison; "America," Will reported in 2013, "has nearly 5 percent of the world's population but almost 25 percent of its prisoners." It is possible, of course, that these figures …

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