Law Commons^™

Conjectures, Refutations, And (Elusive) Resolution: An Exercise In The Sociology Of Knowledge Within Criminology, Brendan Dooley

Qualitative Criminology (QC)

"An analysis of in-depth discussions (oral histories) with 17 leading criminologists on the seminal debates in which they each participated showcases the benefits of intellectual debate. Over the last half-century, the field’s understanding of crime and its control has experienced genuine gains through a vigorous exchange of conjectures and refutations. It stands to benefit from more of these. However, there is a tension between professional and scientific concerns that limits the expansion of this process. The insistence on open ended inquiry in advancing professional ends dulls the interest and opportunity for debating first principles. As a result, the field is …

Kitty Calavita And Valerie Jenness, Appealing To Justice: Prisoner Grievances, Rights, And Carceral Logic, Talisa J. Carter

Qualitative Criminology (QC)

"In Appealing to Justice, by Kitty Calavita and Valerie Jenness explain the grievance system of the California Department of Corrections and Rehabilitation (CDCR) in detail. Grievance systems are the formal internal process by which inmates contest prison conditions. Federal law requires that prisoners fully exhaust the grievance system before their claims can be heard in court. Although there may be an assumption that justice exists in systems that are charged with upholding standards of safe and humane conditions within confinement facilities, the authors find the grievance process to be riddled with inefficiencies and inequalities."

Waverly Duck, No Way Out: Precarious Living In The Shadow Of Poverty And Drug Dealing, Jascha Wagner

Qualitative Criminology (QC)

"No Way Out: Precarious Living in the Shadow of Poverty and Drug Dealing examines how the residents of “Lyford Street,” an impoverished Black neighborhood, organize for survival against the backdrop of “increasingly desperate circumstances.” Decades of deindustrialization and misguided social policies have left the neighborhood economically and socially isolated. Unemployment and poverty are rampant for young men of Lyford Street. Stripped of educational or economic opportunities, the drug trade has become their “principal employment.” However, against the “stereotypical image of the drug infested ghetto,” Waverly Duck compels us to see Lyford Street as a place with a unique social …

Aldo Civico, The Para-State: An Ethnography Of Colombia’S Death Squads, Elena Sciandra

Qualitative Criminology (QC)

"On August, 24, 2016, the Colombian conflict returned to the spotlight. On this day the peace agreement between the Colombian government and the last active guerrilla group, the FARC (Fuerzas Armadas Revolucionaria de Colombia), had been signed after decades of discontinuous peace talks. Such discontinuity, along with other peculiarities, have long piqued the interest of scholars in this conflict; not only is it one of the longest civil wars in recent history – its origin dating back to the end of the 1950s – it has also shaped the political, economic, and cultural life of the country. Started as sectarian …

Self-Motivation In Policing, Scott W. Phillips

Qualitative Criminology (QC)

"Research shows that the work shift of a patrol officer includes a large amount of “down time.” Occupational scholarship has validated that workers can reduce boredom by engaging in activities that are ancillary to normal duties. The autonomous work environment of police officers provides them a unique opportunity to minimize boredom by working in a way that makes their expected behavior interesting. To date the police motivation scholarship tends to examine “job satisfaction,” but the notion of boredom is missing from the research. This study used an observational research design to provide a qualitative examination of the techniques used by …

Michel Foucault, Discipline & Punish: The Birth Of The Prison, Trans. Alan Sheridan, Brian Sellers

Qualitative Criminology (QC)

"For hundreds of years, criminologists and penologists alike have investigated the various functions and designs, as well as the policies and practices that regulate the effectiveness of prisons as correctional institutions. The ideological aims underpinning penal practice can be either myopically focused or quite diverse as they reflect the varying goals of retribution, deterrence, incapacitation, and rehabilitation. However, as corrections continue to undergo numerous reforms, scholars and policymakers might do well to revisit, critically reflect upon, and reexamine the socio-historical origins of the prison and its close relationship to power structures operating in the wider society. French philosopher, Michel Foucault’s …

Playing Nice In The Sandbox: An Examination Into The Working Relationships Between Retail Store Detectives And Public Law Enforcement Officers, Ronald Floridia

Qualitative Criminology (QC)

"This study explores the working relationship between store detectives and public law enforcement officers. Thirty semi-structured interviews were conducted with store detectives from two national retail chains. The results of this study indicate that store detectives have a positive working relationship with police and engage in active cooperation with them. In addition, the presence of community development units and organized retail crime task forces enhance active cooperation between the two parties. Findings from this study can be used by both academics and practitioners to promote strong relationships between law enforcement and the retail security industry."

Some Things Are Just Better Left As Secrets: Non-Transparency And Prosecutorial Decision Making In The Era Of Neoliberal Punitivism, Shanda Angioli, Paul Kaplan

Qualitative Criminology (QC)

"This paper focuses on prosecutorial decision-making during the late-20th and early 21st century era of punitive American criminal justice. Qualitative semi-structured in-depth interviews were conducted with 10 former prosecutors who worked in two large and diverse states to determine how they made their decisions regarding charging and plea bargaining. This study investigates how prosecutors consider legal and extra-legal factors when making decisions. The results suggest that prosecutors considered legal factors such as evidence/provability and elements of the crime, the defendant’s criminal history, and witness credibility and/or victim credibility, but also extra-legal factors such as, victim’s request, law enforcement priorities, relations …

Race, Partisan Gerrymandering And The Constitution, John M. Greabe

Law Faculty Scholarship

[Excerpt] “For the most part, the Constitution speaks in generalities. The 14th Amendment, for example, instructs the states to provide all persons the "equal protection of the laws." But obviously, this cannot mean that states are always forbidden from treating a person differently than any other person. Children can, of course, be constitutionally barred from driving, notwithstanding the Equal Protection Clause. Thus, there is a need within our constitutional system to refine the Constitution's abstract provisions.”

Beyond Vulnerability: Refugee Women’S Leadership In Jordan, Widad Hassan

Dissertations, Theses, and Capstone Projects

While both men and women are affected by conflicts and humanitarian crises, 80 percent of the world’s refugees and internally displaced persons are women and children, indicating that women experience conflict and war differently. The emphasis on women’s vulnerability during conflicts and humanitarian crises leads to their exclusion from leadership roles and decision-making on humanitarian programs and issues that impact them. Though women experience numerous socio-cultural barriers to exercising leadership in humanitarian settings, they have taken on important roles in emergency response and in refugee camps. This paper traces the progress of UN and humanitarian agencies recognition and development of …

Procedural Justice For Youth: Discrepancies In The Provision Of Defense Counsel For Youth In The Juvenile Justice System, Emily K. Pelletier

Dissertations, Theses, and Capstone Projects

Youth in the juvenile justice system experience racially disparate outcomes at all contact points throughout the system process, despite race-neutral state policies governing the juvenile justice system. States provide defense counsel for indigent youth in the juvenile justice system through policies containing race-neutral language; however, each state maintains different policies protecting youth rights to defense counsel. This study questions the relationships among state policies protecting youth rights to defense counsel, racially disparate outcomes for youth in the juvenile justice system, and state socioeconomic and racial composition. The study relies on content analysis to transform qualitative state policies into quantitative data …

The Torch (June 2017), Crtp

Torch: The Civil Rights Team Project Newsletter

Civic and Community Engagement | Civil Rights and Discrimination | Education | Gender and Sexuality | Inequality and Stratification | Politics and Social Change | Public Policy | Race and Ethnicity

Recommended Citation

Baldwin, Brandon and Civil Rights Team Project, "Torch (August 2013)" (2013). Torch: The Civil Rights Team Project Newsletter. 58. http://digitalcommons.usm.maine.edu/torch/58

Torch (June 2017), Brandon Baldwin

Torch: The Civil Rights Team Project Newsletter

Civic and Community Engagement | Civil Rights and Discrimination | Education | Gender and Sexuality | Inequality and Stratification | Politics and Social Change | Public Policy | Race and Ethnicity

Multiple Perspectives On Service Animals In Society, Arthur W. Blaser

Political Science Faculty Articles and Research

This paper explores alternative strategies for taking service dogs seriously. I argue for multiple analytical perspectives to understand service dog issues (as opposed to overreliance on a single method). Analysts (including journalists, policy-makers, and activists) should reflect on media coverage, socio-economic realities, politics and law, and many other factors. Rather than thinking "either/or" on service dogs in society, we need to move to thinking "both/and," to critical analysis of multiple perspectives.

Hawaiian History: The Dispossession Of Native Hawaiians' Identity, And Their Struggle For Sovereignty, Megan Medeiros

Electronic Theses, Projects, and Dissertations

In Hawaiian History: The Dispossession of Native Hawaiians’ Identity and Their Struggle for Sovereignty, three of the Western constructed narratives of Hawai’i are identified and juxtaposed with Hawai’i’s historical facts taken primarily from the late 1800s through the mid 1900s. These Western narratives contribute to an identity crisis experienced by Native Hawaiians during a time when their culture was almost lost, due to the colonial powers assimilating Hawai’i to America. An account of the historical events of the Kingdom of Hawai’i is then reviewed, which includes the diplomatic moves of the Hawaiian monarchs, the changes in the statuses of the …

Soft Law And The Development Of Norms And Trust In Countering The Terrorist Threat: Engaging The Faith Communities In Post-9/11 Singapore, Eugene K. B. Tan

Research Collection Yong Pung How School Of Law

On July 6, 2010, Singapore's Internal Security Department (ISD) announced that a “self-radicalized,” full-time national serviceman had been detained under the Internal Security Act (ISA) since April 4, 2010. Muhammad Fadil bin Abdul Hamid (Fadil), age 20, would be detained under the ISA for two years in the first instance. According to the media statement, Fadil had become convinced that “it was his religious duty to undertake armed jihad alongside fellow militants and strive for martyrdom.” According to local media reports, Fadil was the sixth known case of self-radicalization. Fadil was subsequently released on a Restriction Order on April 4, …

Assessing The Influence Of Career-Linked Experiential Opportunities On The F-1 Undergraduate Student Enrollment Decision-Making Process, Harrison Fuerst

Capstone Collection

International mobility efforts in the United States have garnered increased attention and funding in recent years, with such government-led initiatives as Generation Study Abroad and 100,000 Strong driving up inbound and outbound student numbers. Recent inbound mobility reports from the Institute of International Education show double-digit percentage increases in international student enrollment. Other countries also experiencing an influx of international students continue to research these trends to shape their own education strategies. Research conducted by the International Education Association of Australia points specifically to hands-on professional experience and enhanced employability as key factors important to Australia’s international student population. As …

End Of Life Care For The Incarcerated, Codie Robinson

Dialogue & Nexus

As the prison population ages, a new need has come to light – caring for those who are in the final stage of life. This paper will examine the current end of life services provided to those in prison throughout the United States. After a general awareness of the system is presented, a more complete discussion of end of life care for prisoners will be considered, in light of ethics, social justice, and the Christian perspective. The two care options presented, hospice care and compassionate release, are observed through these lenses. In order to make a decision on how to …

Downstream Competence Challenges And Legal/Ethical Risks In Digital Forensics, Michael M. Losavio, Antonio Losavio

Annual ADFSL Conference on Digital Forensics, Security and Law

Forensic practice is an inherently human-mediated system, from processing and collection of evidence to presentation and judgment. This requires attention to human factors and risks which can lead to incorrect judgments and unjust punishments.

For digital forensics, such challenges are magnified by the relative newness of the discipline and the use of electronic evidence in forensic proceedings. Traditional legal protections, rules of procedure and ethics rules mitigate these challenges. Application of those traditions better ensures forensic findings are reliable. This has significant consequences where findings may impact a person's liberty or property, a person's life or even the political direction …

Defining A Cyber Jurisprudence, Peter R. Stephenson Phd

Annual ADFSL Conference on Digital Forensics, Security and Law

Jurisprudence is the science and philosophy or theory of the law. Cyber law is a very new concept and has had, compared with other, older, branches of the law, little structured study. However, we have entered the cyber age and the law - on all fronts - is struggling to keep pace with technological advances in cyberspace. This research explores a possible theory and philosophy of cyber law, and, indeed, whether it is feasible to develop and interpret a body of law that addresses current and emerging challenges in cyber space.

While there is an expanding discussion of the nature …

Disrespecting The Minimum Wage: How States Limit The Opportunity For Restaurant Workers To Support Themselves, Samantha Pereira

Themis: Research Journal of Justice Studies and Forensic Science

This paper examines the inequality in the restaurant industry in America. It focuses specifically on the tipped minimum wages in different states compared to the real minimum wage and looks into the gender and racial inequality present in restaurants. The first section analyzes the history of tipping and what it has become in the United States. The paper then moves to describe different struggles that tipped workers in the restaurant industry have to face. The paper also discusses different arguments to raising the tipped minimum wage and compares states with a tipped minimum wage and states without a tipped minimum …

Solitary Confinement: Social Death And Its Afterlives, Jen Rushforth

Themis: Research Journal of Justice Studies and Forensic Science

No abstract provided.

Papers Please: Immigration, Enforcement, And Remittances, Jose A. Rojas-Fallas

Student Research Symposium

Immigrants are an understated agent in local economies. Whilst legal immigrants may be accounted for in the macro realm, illegal immigrants are very much an externality. Immigrant agents participate heavily in local economies, almost exclusively, due to their status and the implicit risks associated with it. Immigrants’ decision to migrate towards better economies come with the goal of achieving prosperity that more than likely would not have been possible in their location of origin. A majority of immigrants are heads of households that migrate alone seeking greater wages to support their household. They do this through remittances. These are capital …

Veterans Banished: The Fight To Bring Them Home, Alejandra Martinez

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

Judge Posner's Road Map For Convention Against Torture Claims When Central American Governments Cannot Protect Citizens Against Gang Violence, Steven H. Schulman

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

Immigrating While Trans: The Disproportionate Impact Of The Prostitution Ground Of Inadmissibility And Other Provisions Of The Immigration And Nationality Act On Transgender Women, Luis Medina

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

The Unconstitutional Application Of Apprehension And Detention Laws: Section 236(C) Of The Immigration And Nationality Act, Rigoberto Ledesma

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

Exploring The Impact Of Community Service On Career Exploration, Self-Determination, And Social Skills For Transition-Age Youth With Autism Spectrum Disorders, Jaimie Ciulla Timmons, Agnes Zalewska, Allison C. Hall, Sheila Fesko, Thinkwork! At The Institute For Community Inclusion At Umass Boston

ThinkWork! Publications

Bleak transition outcomes for youth with autism spectrum disorder (ASD), coupled with the surge in incidence, has led to the need for focused and innovative transition strategies. While structured community service reveals promise, documentation of how community service experiences contribute to building employment skills for youth with intellectual/developmental disability (IDD), including those with ASD, is under-researched. The purpose of this paper is to explore the impact of a community service on employment skill-building for youth with ASD. Findings from 23 qualitative interviews with a range of stakeholders showed positive perceptions in the areas of career exploration, self-determination, and social skill …

The Plight Of Undocumented Female Migrants: Identifying Structural Factors That Contribute To The Proliferation Of Sex Trafficking And The Failings Of International Law, Hannah K. Valles

International and Global Studies Undergraduate Honors Theses

The aim of this thesis is to investigate the conditions at two specific border zones, the United States-Mexico border and the Mexico-Guatemalan border, that render undocumented female migrants vulnerable to abduction or recruitment into sexual exploitation. In addition to exploring the factors that expose women to trafficking networks, the study scrutinizes the legal failings of the international law-making community with regards to the safeguarding of women whose socio-economic conditions and environment of perpetual violence prompt their extralegal international movement. The paper provides an overview of the social, economic, and historical factors that underpin the flourishing of sex trafficking operations in …

Moral Time And Homicide Investigations., David Stuart Lapsey Jr.

Electronic Theses and Dissertations

Previous literature explores the many dimensions of homicide investigations, including case and individual characteristics, evidence and investigative activities. However, little research delves into situational characteristics and their relationship to specific homicides, charge severity sought by prosecutors and sentence length given to homicide offenders. The current study sampled homicide cases (N=68) to gather baseline information and data regarding judicial outcomes. Donald Black’s Theory of Moral Time (2011) is tested and utilized as the study’s conceptual framework for the study’s hypotheses.