Law Commons^™

Smoke But No Fire: When Innocent People Are Wrongly Convicted Of Crimes That Never Happened, Jessica S. Henry

Department of Justice Studies Faculty Scholarship and Creative Works

Nearly one-third of exonerations involve the wrongful conviction of an innocent person for a crime that never actually happened, such as when the police plant drugs on an innocent person, a scorned lover invents a false accusation, or an expert mislabels a suicide as a murder. Despite the frequency with which no-crime convictions take place, little scholarship has been devoted to the subject. This Article seeks to fill that gap in the literature by exploring no-crime wrongful convictions as a discrete and unique phenomenon within the wrongful convictions universe. This Article considers three main factors that contribute to no-crime wrongful …

Adoption Process For The Model Aquatic Health Code: An Example, William D. Ramos, Allison L. Fletcher, Mike Mettler, Marcus A. Yoder

International Journal of Aquatic Research and Education

In 2014 the U.S. Centers for Disease Control and Prevention (CDC) published the first edition of the Model Aquatic Health Code (MAHC). This document represented the inaugural introduction of a federal policy guideline with a direct focus in the area of aquatic venue operation and maintenance with the sole purpose of improving the nature of public health in the field. The Indiana State Department of Health (ISDH) began the review and adoption process soon after the policy’s release. The ISDH process is proposed as one method for others to consider. The background and history of the MAHC are presented in …

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, …

Understanding The Sexual Assault Kit Backlog In Pennsylvania, Kallie Crawford, Lyndsie Ferrara

Graduate Student Research Symposium

According to the FBI, to date, there are more than 400,000 untested sexual assault kits nationwide. While this is a huge issue that cannot be solved overnight, continual improvements and changes are needed to reduce and hopefully eliminate the backlog.

This research examines work going on nationwide and aims to better understand the backlog issues specifically in Pennsylvania. Furthermore, the research examines a program utilized by the law enforcement community that garnered necessary resources. First, a comprehensive review of improved practices in proactive jurisdictions of Ohio, Houston, Texas, and Detroit, Michigan was conducted to identify general policies and procedures that …

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 …

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 …

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 …

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 …

Proxy Punishment: Consequences Of Informal Sanctions Among Families Of Offenders In Japan, Mari Kita

Qualitative Criminology (QC)

This study demystifies the nature of societal reactions to crime in Japan and their consequences on the family members of those who have trouble with the law. Over a 20-month period in metropolitan areas in Japan, participant observation and in-depth interviews were conducted with 50 mothers, fathers, wives, and sisters of those who had broken the law. Major findings include the role that the media and criminal justice authorities play in triggering the informal labeling of offenders’ kin. Families’ strong ties to communities also rendered them particularly vulnerable to the effects of informal sanctions, even more so than offenders themselves. …

A Diversity Course For Criminal Justice Undergraduate Students: A Preliminary Evaluation, Nancy Hirschinger-Blank, Lori Simons, David Fernandez

Qualitative Criminology (QC)

Racially-involved police community incidents demonstrate the urgent need for educating future criminal professionals to work in a multicultural environment. We present a qualitative evaluation of a criminal justice diversity course designed to broaden university students' multicultural attitudes, knowledge, and skills. Results indicated that most students reportedly experienced a decrease in biases, described the importance of learning about cultural differences, acknowledged minorities’ negative attitudes toward the criminal justice system, and reported intentions to serve as fair and open-minded criminal justice professionals. Students also showed a significant increase in empathy across the semester.

The Deweyan Approach To Learning Victim Advocacy: Seeing Beyond Stigmas And Facilitating Second Chances, Ashley Peake Wellman, Sherri Dioguardi

Qualitative Criminology (QC)

Fundamentally, criminal justice practitioners are public safety promoters, yet safety can be compromised if a divide exists between them and the communities they serve. The best way to train future criminal justice practitioners may be found in the progressive education proposed by John Dewey in the early 20th-century. Dewey’s experiential approach, specifically service-learning, has gained traction as an effective teaching tool for broadening perspectives, deepening understanding of diverse populations, and fostering higher order reasoning, all of which are critical characteristics for criminal justice professionals as well as for all American citizens. Undergraduate students participated in service-learning during a semester-long honors …

Back Matter, Adfsl

Annual ADFSL Conference on Digital Forensics, Security and Law

No abstract provided.

Front Matter, Adfsl

Annual ADFSL Conference on Digital Forensics, Security and Law

No abstract provided.

Contents, Adfsl

Annual ADFSL Conference on Digital Forensics, Security and Law

No abstract provided.

Reforming Cash Bail Bonds, Larry Nackerud, Marissa Dodson, Russell C. Gabriel, Katherine Hubbard

Working in the Public Interest Conferences

Many people charged with misdemeanors await trial while in jail because they cannot afford the bonds set by the magistrate guidelines, often for longer than the sentence if they were found guilty. Panelists discuss the historical context of cash bonds and what is currently being done to fight them.

Review, The New Era Of Secret Law, Patrice Mcdermott

Secrecy and Society

In a recent Brennan Center report, The New Era of Secret Law, Elizabeth (Liza) Goitein articulates, examines, and evaluates the claims for and objections to secret law. Under this banner, the report includes any law that is withheld from the public, regardless of whether it may be shared among agencies or with certain members or committees of Congress.” Goitein’s underlying goal is to propose procedural and substantive reforms. Secret Law is a deeply-researched and highly valuable policy brief with an aim of making specific policy recommendations. And readable to boot.

Panel Discussion: Author Meets Critic

Northwestern Journal of Law & Social Policy

No abstract provided.

Waiting For Justice, Jeffrey Bellin

Popular Media

One man’s seven-year wait for a trial reveals the ways mandatory minimums distort our courts.

Exploring Places Of Street Drug Dealing In A Downtown Area In Brazil: An Analysis Of The Reliability Of Google Street View In International Criminological Research, Elenice De Souza Oliveira, Ko-Hsin Hsu

Department of Justice Studies Faculty Scholarship and Creative Works

This study assesses the reliability of Google Street View (GSV) in auditing environmental features that help create hotbeds of drug dealing in Belo Horizonte, one of Brazil’s largest cities. Based on concepts of “crime generators” and “crime enablers,” a set of 40 items were selected using arrest data related to drug activities for the period between 2007 and 2011. These items served to develop a GSV data collection instrument used to observe features of 135 street segments that were identified as drug dealing hot spots in downtown Belo Horizonte. The study employs an intra-class correlation (ICC) statistics as a measure …

Moral Mode Switching: From Punishment To Public Health, Stephen Koppel

Dissertations, Theses, and Capstone Projects

A public health response to drug offenses has potential to improve both public safety and public health. However, the public’s desire for retribution represents a possible hindrance to reform. Relying on dual-process theory of moral decision-making, this dissertation examines agreement among laypeople about the relative blame deserved for various crime types, and probes several possible predictors of support—the need for cognition (“NFC”), intergroup bias, and free-will doubt—for retributive as well as consequentialist responses to crime. Findings from several web-based experiments show: (a) in comparison to core crimes (eg., murder) substantially less agreement about the relative blame deserved for noncore crimes …

The Invisible Scholar: Authors Of Legal Scholarship In Criminology And Criminal Justice Journals, Brenda I. Rowe, Wesley S. Mccann, Craig Hemmens

Criminology and Criminal Justice Faculty Publications (Archived)

This study assesses the authorship of legal scholarship within 20 criminology and criminal justice (CCJ) journals from 2005 through 2015, examining trends over time and variation across journals in the prevalence of sole-authorship and the mean number of authors and identifying the most prolific authors of legal scholarship published in CCJ journals. The study thus sheds light on the extent of collaboration among CCJ legal scholars and identifies CCJ legal scholars who have remained largely invisible due to their focus on a marginalized subfield.

Innovative Justice: Federal Reentry Drug Courts – How Should We Measure Success?, Timothy D. Degiusti

Duke Law Master of Judicial Studies Theses

In response to the drug abuse and addiction epidemic in the United States, innovative ways of dealing with non-violent drug offenders within the criminal justice system began to emerge in the late 1980s. Special court dockets – commonly referred to as drug courts – were developed featuring an interdisciplinary team of criminal justice and mental health professionals, led by a presiding judge. Drug courts and other problem-solving courts have proliferated within the state court system, numbering 3,057 by the end of 2014. The use of such courts is expanding among the states, but the federal courts have been slow to …

Biosocial Criminology Versus The Constitution, Karen E. Balter

Regis University Student Publications (comprehensive collection)

The continually emerging field of biosocial criminology provides a basis for productively merging biology with sociological reasonings for criminal behavior. Mainstream research in criminology focuses on environmental factors as the sole reason individuals exhibit antisocial behavior patterns and may ultimately commit crimes. Criminological research has travelled in this direction for decades. The current climate within this community subscribes heavily to the notion that biology has very little to do with why people behave the way they do, and if it did, government control would be the norm. The nature of biocriminology opens a door through which constitutional issues may enter. …

An Examination Of Inattentional Blindness In Law Enforcement, Gregory Lee

All Graduate Theses, Dissertations, and Other Capstone Projects

Inattentional blindness, or the inability to visually detect an unexpected stimulus while attending to a task or situation, can have detrimental effects on those who are subject to the phenomenon. This may be particularly true for law enforcement officers, who are often engaged in cognitively demanding tasks that draw their attention away from potentially deadly hazards. This study aimed to look at the effects of inattentional blindness within a group of officers of varying degrees of experience and expertise. The officers were presented with a video-based scenario in which an unexpected stimulus was placed. The control group was asked to …

Prosocial Religion And Games: Lost & Found, Owen Gottlieb, Ian Schreiber

Articles

In a time when religious legal systems are discussed without an understanding of history or context, it is more important than ever to help widen the understanding and discourse about the prosocial aspects of religious legal systems throughout history. The Lost & Found (www.lostandfoundthegame.com) game series, targeted for an audience of teens through twentysomethings in formal, learning environments, is designed to teach the prosocial aspects of medieval religious systems—specifically collaboration, cooperation, and the balancing of communal and individual/family needs. Set in Fustat (Old Cairo) in the 12th century, the first two games in the series address laws in Moses Maimonides’ …

Honesty Without Truth: Lies, Accuracy, And The Criminal Justice Process, Lisa Kern Griffin

Faculty Scholarship

Focusing on “lying” is a natural response to uncertainty but too narrow of a concern. Honesty and truth are not the same thing and conflating them can actually inhibit accuracy. In several settings across investigations and trials, the criminal justice system elevates compliant statements, misguided beliefs, and confident opinions while excluding more complex evidence. Error often results. Some interrogation techniques, for example, privilege cooperation over information. Those interactions can yield incomplete or false statements, confessions, and even guilty pleas. Because of the impeachment rules that purportedly prevent perjury, the most knowledgeable witnesses may be precluded from taking the stand. The …

Predicting Staff Assault In Juvenile Correctional Facilities, Howard Henderson

Center for Justice Research Reports

This study examines the predictive utility of the community-based Positive Achievement Change Tool–Prescreen (PACT-PS) for staff assault in a sample of 787 state-committed male youth. Bivariate and multivariate analyses indicated the PACT-PS failed to predict staff assault across racial/ethnic groups. Notably, this study also found youth with serious delinquent histories and prior commitments improved the PACT-PS’s ability to predict staff assault. Limitations of this study, suggestions for future research, and practical implications are discussed.

Emancipatory Learning, Open Educational Resources, Open Education, And Digital Critical Participatory Action Research, Jason Leggett, Jay Wen, Anthony Chatman

Publications and Research

Given that we must prepare students for the future workforce today how can we use the power of Open Educational Resources (OERs) and Digital Social Science research to improve student learning and help students develop technical skills needed for the high-tech workforce? In this article, we use transformative learning theory (Mezirow, 1978) and Digital + Critical Participatory Action Research (D+CPAR) to analyze the effectiveness of integrating OERs into a course and reflect on how we used OERs to support student learning and make civic engagement more equitable at an urban community college. In a criminal justice course analyzing the legal …

Legal Deserts: A Multi-State Perspective On Rural Access To Justice, Lisa R. Pruitt, Amanda L. Kool, Lauren Sudeall, Michele Statz, Danielle M. Conway, Hannah Haksgaard

Faculty Publications By Year

Rural America faces an increasingly dire access-to-justice crisis, which serves to exacerbate the already disproportionate share of social problems afflicting rural areas. One critical aspect of the crisis is the dearth of information and research regarding the extent of the problem and its impacts. This Article begins to fill that gap by providing surveys of rural access to justice in six geographically, demographically, and economically varied states: California, Georgia, Maine, Minnesota, South Dakota, and Wisconsin. In addition to providing insights about the distinct rural challenges confronting each of these states, the legal resources available, and existing policy responses, the Article …

The Origins And Development Of Judicial Tenure 'During Good Behavior' To 1485, Ryan Rowberry

Faculty Publications By Year

No abstract provided.