Law Commons^™

Keynote Speaker, Chuck Easttom

Annual ADFSL Conference on Digital Forensics, Security and Law

Conference Keynote Speaker, Chuck Easttom

John M. Hagedorn, The Insane Chicago Way: The Daring Plan By Chicago Gangs To Create A Spanish Mafia, Thomas Barker

Qualitative Criminology (QC)

"In The Insane Chicago Way, Professor Hagedorn opines that the super street gangs in Chicago have fundamentally changed since the 1990s. He provides an “institutionalized history” of the rise and fall of the Spanish Growth and Development (SGD) alliance to document the fundamental changes in Chicago. He rightly concludes that the SGD is “almost completely unknown to the public, the police, the professors and even most gang members” (p. 1). This powerful SGD case study is supported by the author’s long history of gang study and his interviews with gang leaders and street gang members, and with organized crime—Chicago …

Editorial, Tom Holt

Qualitative Criminology (QC)

"Welcome to the first issue of the fourth volume of the Journal of Qualitative Criminal Justice & Criminology. This is my first issue as editor, and I am pleased to continue along the path established by Will Oliver. It has been both exciting and challenging to take the reins and transition into this role. Thankfully Will already had a great crop of articles prepared for this issue. In a way, you could argue this issue is a result of both of our efforts. To that end, this issue highlights the journal’s continued emphasis on high-quality qualitative scholarship. The first …

Mass Murder And The Mass Media: Understanding The Construction Of The Social Problem Of Mass Shootings In The Us, Jaclyn Schildkraut

Qualitative Criminology (QC)

"Nearly as soon as the first shot is fired in a mass shooting, the news media already are rushing to break coverage, the likes of which typically last days or, in the more extreme cases, weeks. Though mass shootings are rare in occurrence, the disproportionate amount of coverage they receive in the media leads the public to believe that they occur at a much more regular frequency than they do. In order to understand how the public comes to understand mass shooting events, however, one first must understand how the stories are constructed by the media. The present study takes …

Old Message In A New Bottle: Taking Gang Rivalries Online Through Rap Battle Music Videos On Youtube, Joseph D. Johnson, Natalie Schell-Busey

Qualitative Criminology (QC)

"The Internet is changing society, including criminal behavior. It has been shown that gangs are active online, but it is unclear how gangs are using the Internet. Most studies seem to conclude that gang members are not using the Internet instrumentally to commit or promote criminal behavior, but these same studies show that gang members use social media for flame wars— to insult and threaten one another. We argue that using social media in this way is actually an instrumental use of the Internet because it promotes violence. According to the code of the street, a diss requires a response, …

Jody Miller And Wilson R. Palacios, Editors, Qualitative Research In Criminology, Carl Root

Qualitative Criminology (QC)

"Qualitative Research in Criminology is Volume 20 in the series titled Advances in Criminological Theory edited by William S. Laufer and Freda Adler. The title of Miller and Palacios’ contribution brings to mind the saying “one of these things is not like the others.” In fact, they acknowledge as much on page three of the introduction, as they state, “For some readers, our strategy may beg the question, why does a volume oriented around methodology belong in a theoretical series?” Miller and Palacios give a brief answer to this question, but allow the seventeen chapters that comprise their volume …

Homeland Security In The Post-9/11 Era: Forced Compliance Along The Northern Border, Nancy E. Marion, Ronald Gelleny

Qualitative Criminology (QC)

"The border relationship between the U.S. and Canada has traditionally been very trusting, allowing for an ease of trade and travel. However, the terrorist attacks of 9/11 altered this comfortable association. Now, U.S. policy is geared toward protecting the homeland from illegal immigration and potential terrorist actions. In other words, for Americans, security concerns trump trade. At the same time, Canada remains concerned with maintaining an ease of trade and travel with the U.S. To do this, Canada has been forced to establish and implement increased security measures as outlined by U.S. officials, even though there is strong opposition from …

When The Watchers Are Watched: An Interpretive Phenomenological Analysis Of Body-Worn Cameras, David A. Makin

Qualitative Criminology (QC)

"This research explores the individual construction of the bodyworn camera (BWC) within what would be labeled as an average size police agency. Using a pre- and post-implementation qualitative design and leveraging interpretive phenomenological analysis as the analytical strategy, this research explores the nuanced reaction to this technological diffusion within the agency. Results reveal global themes spanning a continuum of negative and positive reactions to the diffusion, with an overwhelming acceptance of the device and individual construction of how best to use the device. While providing an initial lens of analysis for future researchers, the research includes considerable unanswered questions concerning …

Executive Order 13492: Legal Borderlands, Laura Diaz

Themis: Research Journal of Justice Studies and Forensic Science

On January 22, 2009, newly inaugurated President Barack Obama implemented Executive Order 13492. The order refers to the legal disposition of detainees at the Guantánamo Bay Naval Base and the termination of the detention center. The Executive Order lists five possible options to close Guantánamo Bay and to otherwise try and place current prisoners elsewhere: prosecution under military law, prosecution under federal law, permanent detainment, deportation and release. Still, Guantánamo Bay remains open. Guantánamo detainees exist in a legal limbo without formal charges and trial. Executive Order 13492 was created to place them elsewhere and close the detention center.

Ab 109 And Its Impact On Prison Overcrowding And Recidivism: A Policy Analysis, Angie Wootton

Themis: Research Journal of Justice Studies and Forensic Science

California experienced escalating issues with prison overcrowding from the late 1970s to 2010, as the prison population skyrocketed to unprecedented highs. This article will discuss the problem of prison overcrowding, and one recent policy intervention implemented to decrease overcrowding and offender recidivism rates, the Public Safety Realignment Act (AB 109). After providing background on the Public Safety Realignment Act, this article will analyze the effectiveness of the policy and make recommendations.

Parental Substance Use And The Need For Family Dependency Treatment Court In Taylor County, Rebekah Rich

Electronic Theses and Dissertations

The impact of parental substance use and the need for Family Dependency Treatment Court in Taylor County are qualitatively explored and described, analyzing interviews of identified key informants. The areas explored are the current practices and process in Taylor County when a substance use issue is identified in a parent during a child welfare case, the impact of parental substance use on the child welfare system, knowledge and opinions regarding treatment options, and knowledge and opinions of Family Dependency Treatment Court. The sample size was 8 professionals who worked as attorney ad litems, Department of Family and Protective Services workers, …

Breaking The Legacy: Recognizing And Prosecuting Sexual Violence As A Violation Of Human Rights In The Democratic Republic Of The Congo, Miranda L. Weinstein

Sustainability and Social Justice

This paper aims to outline the existing policies aimed at providing protection for sexual abuse survivors in the Democratic Republic of the Congo. In an attempt to provide justice for the survivors of sexual abuse, an analysis of the 1992-1995 Bosnia and Herzegovina post-conflict reconstruction is included. In particular, prosecution of sexual violence and rape as a weapon of war will be provided in order to weigh the benefits and weaknesses of international criminal law. The conflict in eastern Democratic Republic of the Congo witnesses widespread and systematic sexual violence abuses. With over 60 armed groups at any given day, …

Rape And Sexual Violence: Questionable Inevitability And Moral Responsibility In Armed Conflict, Katherine W. Bogen

Scholarly Undergraduate Research Journal at Clark (SURJ)

Wartime sexual violence is a critical human rights issue that usurps the autonomy of its victims as well as their physical and psychological safety. It occurs in both ethnic and non-ethnic wars, across geographic regions, against both men and women, and regardless of the “official” position of commanders, states, and armed groups on the use of rape as tactic of war. This problem is current, pervasive, and global in spite of the status of wartime sexual violence perpetration as a crime against humanity and the capacity of the international criminal court to indict offenders. Though some scholars have argued that …

Early Warning/Intervention Systems (Presentation Slides From Nacole Symposium 2016 Held At John Jay College), Jennifer Helsby, Samuel Carton, Kenneth Joseph, Ayesha Mahmud, Youngsoo Park, Joe Walsh, Lauren Haynes

Publications and Research

Adverse interactions between police and the public harm police legitimacy and produce high costs due to harms to both officers and the public as well as litigation. Early intervention systems (EIS) that flag officers considered most likely to be involved in one of these adverse situations are an important tool for police supervision and for targeting of interventions such as counseling or training. However, the EIS that exist are often not data-driven and are based on supervior intuition. We have developed a prototype data-driven EIS that uses a diverse set of data sources from the Charlotte-Mecklenburg Police Department and machine …

The Progression And Evolution Of International Law Scholarship Over The Past 50 Years: Some Quantitative Observations, Donald J. Kochan

Buffalo Human Rights Law Review

No abstract provided.

Nebraska Transcript (University Of Nebraska College Of Law), Volume 49, Number 1, Spring 2016

Nebraska Transcript

2 Dean’s Message -- Richard Moberly

Faculty Updates

4 Works, Kirst & Lyons retirement

6 Faculty Notes

Around the College

17 Moberly appointed interim dean

18 Berger, assoicate dean

18 Sullivan joins Law College

19 Beard & Hurwitz named Trailblazers

Feature

20 Poser closes UNL chapter

Around the College

23 3L gains policy work experience

24 ILSA hosts USPTO’s Morris

25 West African leaders share insight

26 McCoy joins admissions office

27 BYC Boost program

28 Collingsworth, Dean’s roundtable

29 Yale’s Langbein delivers lecture

30 Heiliger, Sheldon at UNK

31 Vinton competes on Jeopardy

32 LL.M., Carns earns promotion

32 …

Examining The Comparative Use, Experience And Outcomes Of Community Service Orders As Alternatives To Short Prison Sentences In Ireland., Kate O'Hara

Doctoral

Background: In Ireland, under the Criminal Justice (Community Service) 1983 Act, a community service order (CSO) must only be imposed if a custodial sentence has first been considered. In 2011, an amendment to the 1983 Act was made, requiring courts to consider imposing CSOs as alternatives to prison sentences of less than one year. This amendment sought to address the underutilisation of community service, decrease the number of short-term committals, and benefit offenders and communities. Methodology: Administrative data from the Irish Prison and Probation Services pertaining to all cases sentenced to a short-term of imprisonment or CSO between 2011 and …

The Cyber-Industrial Complex, Connor O’Malley

Political Science Theses and Capstones

When Edward Snowden released a massive trove of classified files from the National Security Agency, the world became aware of numerous global surveillance systems. As Snowden hoped, a global dialogue began concerning surveillance, privacy, and government transparency. While there was a lively discourse surrounding the leak and Snowden, another story was missed. Snowden was not an employee of the NSA; rather he was an employee of Booz Allen Hamilton, a private contractor maintaining computer systems for the NSA. The deeper story here is the emerging relationship between government agencies and technology companies. This paper discusses the theory of iron triangles …

Mass Incarceration: An Annotated Bibliography, Nicole Dyszlewski, Lucinda Harrison-Cox, Raquel Ortiz

Law Faculty Scholarship

No abstract provided.

Identifying Criminals’ Risk Preferences, Murat C. Mungan, Jonathan Klick

Indiana Law Journal

There is a 250-year-old presumption in the criminology and law enforcement literature that people are deterred more by increases in the certainty rather than increases in the severity of legal sanctions. We call this presumption the Certainty Aversion Presumption (CAP). Simple criminal decision-making models suggest that criminals must be risk seeking if they behave consistently with CAP. This implication leads to disturbing interpretations, such as criminals being categorically different from law-abiding people, who often display risk-averse behavior while making financial decisions. Moreover, policy discussions that incorrectly rely on criminals’ risk attitudes implied by CAP are ill informed, and may therefore …

A Model Of Segmenting A High-Cost Crime Prevention Through Environmental Design Initiative, Paul Adams

All Capstone Projects

This project aimed to create a working model worthy to include within Schneider, Walker, and Sprague's description of a five-stage process of parceling out high-cost Crime Prevention Through Environmental Design (CPTED) initiatives. In 2002, the Department of Education and Department of Justice sponsored Schneider as the lead author for introducing and promoting CPTED initiatives for the first time in schools. This project's funding mechanism was created to help assist with the procurement of a highly priced CPTED initiative (key-less card system) for Suburban College.

Suburban College had faced a reoccurring pattern of theft from its classrooms and common areas. The …

Deconstructing The Wall: The Analysis And Implications Of The 2004 International Court Of Justice Advisory Opinion On The Use Of Border Walls, Noah T. Black

MAD-RUSH Undergraduate Research Conference

This research project looks at the various jurisprudences surrounding the 2004 ICJ Advisory Opinion on the Israeli Barrier and analyzes the arguments both in support and in opposition to the Court’s decision. It then looks at the conditions for the illegality of the Israeli Barrier that were established by the Court, analyzes them, and synthesizes a list of characteristics that can be applied to other barriers in order to determine their legality. This checklist, if you will, is then applied to other border walls in order to make a tentative conclusion about their legality and if a suit could be …

Utilizing Prosecutorial Discretion To Reduce The Number Of Juveniles With Disabilities In The Juvenile Justice System, Mary Willis

Brigham Young University Education and Law Journal

No abstract provided.

Establishing Construct Validity And Reliability: Pilot Testing Of A Qualitative Interview For Research In Takaful (Islamic Insurance), Maryam Dikko

The Qualitative Report

This paper describes the process of the conduct of preliminary tests to determine the construct and content validity of the chosen data collection method for a study into the relationship between Islamic principles and objectives, Islamic financial law and takaful (slamic Insurance) operations and practices in Nigeria. Semi-structured interviews were tested on a select group of respondents mirroring the intended subjects in the field. The pilot test showed the construct to be both valid and reliable while giving the opportunity to insert refinements to the research tool.

The Cost Of War: Weighing Civilian Losses In The Afghan War, Jibey Asthappan

Criminal Justice Faculty Publications

Spending almost US $700 billion to combat insurgents in Afghanistan, the U.S. population should be hopeful that they “bought” something of value as the Afghan War concludes. This exploratory study focuses on evaluating operations within Afghanistan by accounting for enemy and civilian losses. Integration of civilian losses offers an opportunity to evaluate operations that represent societal losses to the Afghan people. Regression estimates using zero-inflated negative-binomial models indicate that military operations resulted in more civilian casualties than enemy losses.

The Pracademic And Academic In Criminal Justice Education: A Qualitative Analysis, James E. Mccabe, Stephen A. Morreale, John R. Tahiliani

Criminal Justice Faculty Publications

Over the past several years, a few hundred colleagues involved in criminal justice education have participated in panel discussions and roundtables to discuss the trials and issues that have been observed by practitioners turned academics, or “pracademics.” Some complained of having difficulty breaking into academia. A debate has occurred in a number of colleges and universities over the benefit of having faculty with traditional academic credentials versus hiring non-traditional scholars with a blend of educational and practical experience. Similarly, there have been lively discussions over the appropriateness of a J.D. or professional doctorate as opposed to a Ph.D. in criminal …

The Peril Of Paroline: How The Supreme Court Made It More Difficult For Victims Of Child Pornography, Janet Lawrence

BYU Law Review

No abstract provided.

Charging The Poor: Criminal Justice Debt & Modern-Day Debtors' Prisons, Neil L. Sobol

Faculty Scholarship

Debtors’ prisons should no longer exist. While imprisonment for debt was common in colonial times in the United States, subsequent constitutional provisions, legislation, and court rulings all called for the abolition of incarcerating individuals to collect debt. Despite these prohibitions, individuals who are unable to pay debts are now regularly incarcerated, and the vast majority of them are indigent. In 2015, at least ten lawsuits were filed against municipalities for incarcerating individuals in modern-day debtors’ prisons. Criminal justice debt is the primary source for this imprisonment.

Criminal justice debt includes fines, restitution charges, court costs, and fees. Monetary charges exist …

Through The Gateway: Marijuana Production, Governance, And The Drug War Détente, Michael Polson

Dissertations, Theses, and Capstone Projects

Since the 1996 voter approval of medical marijuana laws in California, marijuana policy has become increasingly liberalized. Producers, however, have remained in the greyest of grey market zones. Federal anti-drug laws and supply-side tactics have intensively targeted them even as marijuana has become more licit. In this legally unstable environment, marijuana patient-cultivators and underground producers have articulated and asserted themselves politically and economically, particularly as the likelihood of full legalization has increased. This dissertation explores how producers navigated the nebulous zone between underground and medical markets. I argue that even as producers supplied marijuana to a formalizing, regulated medical industry …

Copyrightx: Harvard University Law School, Sue Ann Gardner

University of Nebraska-Lincoln Libraries: Presentations

Slides of a talk about the 2014 iteration of the CopyrightX course administered by Professor William Fisher of Harvard University Law School.