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Articles 481 - 510 of 7212
Full-Text Articles in Criminal Law
Some Things Are Just Better Left As Secrets: Non-Transparency And Prosecutorial Decision Making In The Era Of Neoliberal Punitivism, Shanda Angioli, Paul Kaplan
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 …
Physical Match: Unique Fracture Patterns In Wooden Popsicle Sticks, Yiu Ming Sunny Lau
Physical Match: Unique Fracture Patterns In Wooden Popsicle Sticks, Yiu Ming Sunny Lau
Themis: Research Journal of Justice Studies and Forensic Science
Physical match (or physical fit) evidence was considered reliable in court for years, until the Daubert case, which required standardized scientific methodology on all forensic evidence. Physical matching faces the same criticism as other forms of physical evidence (specifically, that it lacks a scientific foundation). Physical matching is based on the idea that when an object is fractured, the shape of each fragment is unique and it is not possible to recreate a fragment that is identical to any other. In this study, fifty wooden popsicle sticks were broken in half, the pieces were mixed, and then reconstructed using physical …
The Fear Factor: Exploring The Impact Of The Vulnerability To Deportation On Immigrants' Lives, Shirley P. Leyro
The Fear Factor: Exploring The Impact Of The Vulnerability To Deportation On Immigrants' Lives, Shirley P. Leyro
Dissertations, Theses, and Capstone Projects
This qualitative study explores the impact that the fear of deportation has on the lives of noncitizen immigrants. More broadly, it explores the role that immigration enforcement, specifically deportation, plays in disrupting the process of integration, and the possible implications of this interruption for immigrants and their communities. The study aims to answer: (1) how vulnerability to deportation specifically impacts an immigrant’s life, and (2) how the vulnerability to deportation, and the fear associated with it, impacts an immigrant’s degree of integration. Data were gathered through a combination of six open-ended focus group interviews of 10 persons each, and 33 …
Ideology, Race, And The Death Penalty: "Lies, Damn Lies, And Statistics" In Advocacy Research, Anthony Walsh, Virginia Hatch
Ideology, Race, And The Death Penalty: "Lies, Damn Lies, And Statistics" In Advocacy Research, Anthony Walsh, Virginia Hatch
Journal of Ideology
We use the literature on race in death penalty to illustrate the hold that ideology has on researchers and journalists alike when a social issue is charged with emotional content. We note particularly how statistical evidence become misinterpreted in ways that support a particular ideology, either because of innumeracy or because—subconsciously or otherwise—one’s ideology precludes a critical analysis. We note that because white defendants are now proportionately more likely to receive the death penalty and to be executed than black defendants that the argument has shifted from a defendant-based to a victim-based one. We examine studies based on identical data …
Convicting The Innocent Redux, Brandon L. Garrett
Convicting The Innocent Redux, Brandon L. Garrett
Faculty Scholarship
No abstract provided.
Project Safe Neighborhoods In Chicago: Looking Back A Decade Later, Ben Grunwald, Andrew V. Papachristos
Project Safe Neighborhoods In Chicago: Looking Back A Decade Later, Ben Grunwald, Andrew V. Papachristos
Faculty Scholarship
Project Safe Neighborhoods (PSN) is a federally funded initiative that brings together federal, state, and local law enforcement to reduce gun violence in urban centers. In Chicago, PSN implemented supply-side gun policing tactics, enhanced federal prosecution of gun crimes, and notification forums warning offenders of PSN’s heightened criminal sanctions. Prior evaluations provide evidence that PSN initiatives have reduced crime in the first few years of their operation. But over a decade after the program was established, we still know little about whether these effects are sustained over an extended period of time. This Article examines PSN Chicago, an anti-violence program …
The American Death Penalty Decline, Brandon L. Garrett, Alexander Jakubow, Ankur Desai
The American Death Penalty Decline, Brandon L. Garrett, Alexander Jakubow, Ankur Desai
Faculty Scholarship
American death sentences have both declined and become concentrated in a small group of counties. In his dissenting opinion in Glossip v. Gross in 2014, Justice Stephen Breyer highlighted how from 2004 to 2006, "just 29 counties (fewer than 1% of counties in the country) accounted for approximately half of all death sentences imposed nationwide." That decline has become more dramatic. In 2015, fifty-one defendants were sentenced to death in thirty-eight counties. In 2016, thirty-one defendants were sentenced to death in twenty-eight counties. In the mid-1990s, by way of contrast, over 300 people were sentenced to death in as many …
Legal Responses To Nonconsensual Pornography: Current Policy In The United States And Future Directions For Research, Cynthia J. Najdowski
Legal Responses To Nonconsensual Pornography: Current Policy In The United States And Future Directions For Research, Cynthia J. Najdowski
Psychology Faculty Scholarship
Technological advances have created new avenues for the perpetration of sexual violence. The widespread availability of cameras has made it easier to take covert recordings of an individual’s intimate body parts, and whether sexually explicit images are recorded with or without an individual’s consent, growing access to the Internet has facilitated the nonconsensual dissemination of those images. Yet criminal laws have not kept pace with technology in most jurisdictions across the United States, and victims of nonconsensual pornography typically have no avenue by which to seek justice. There have been efforts to reform laws in a variety of jurisdictions, some …
What Impact Is Felony Disenfranchisement Having On Hispanics In Florida?, Angel E. Sanchez
What Impact Is Felony Disenfranchisement Having On Hispanics In Florida?, Angel E. Sanchez
Honors Undergraduate Theses
This research produces original empirical estimates of Hispanics in Florida’s Dept. of Corrections (FDOC) and uses those estimates to measure the impact felony disenfranchisement is having on Hispanics in Florida. Research institutions find that data on Hispanics in the criminal justice system, particularly in Florida, is either lacking or inaccurate. This research addresses this problem by applying an optimal surname list method using Census Bureau data and Bayes Theorem to produce an empirical estimate of Hispanics in FDOC’s data. Using the Hispanic rate derived from the empirical FDOC analysis, the rate of Hispanics in the disenfranchised population is estimated. The …
Dignity Is The New Legitimacy, Jeffrey A. Fagan
Dignity Is The New Legitimacy, Jeffrey A. Fagan
Faculty Scholarship
In this chapter, Jeffrey Fagan responds to Jonathan Simon’s essay by exploring the emotional dimensions of individual interactions with state actors. In a procedural justice vein, this chapter considers the dignitary implications of official maltreatment, focusing in particular on the dignity-injuring potential of unjustified, racially motivated, or otherwise abusive police stops. Such interactions not only personally humiliate, but they also deny the targeted individuals “basic and essential recognition” as social and political equals, instilling instead “a profound sense of loss.” Fagan calls for a jurisprudence that “recognizes the emotional highway between dignity and legitimacy.” This approach would “internalize[] the central …
Race And Death Sentencing For Oklahoma Homicides Committed Between 1990 And 2012, Glenn L. Pierce, Michael L. Radelet, Susan Sharp
Race And Death Sentencing For Oklahoma Homicides Committed Between 1990 And 2012, Glenn L. Pierce, Michael L. Radelet, Susan Sharp
Journal of Criminal Law and Criminology
This Article examines 4,668 Oklahoma homicide cases with an identified suspect that occurred during a twenty-three year period between January 1, 1990, and December 31, 2012. Among these, we identified 153 cases that ended with a death sentence. Overall we found that while the defendant’s race did not correlate with a death sentence, there was a strong correlation with the race of the victim, with cases with white victims significantly more likely to end with a death sentence than cases with non-white victims. Homicides with female victims were also more likely to result in a death sentence than other cases. …
Constructing Recidivism Risk, Jessica M. Eaglin
Constructing Recidivism Risk, Jessica M. Eaglin
Articles by Maurer Faculty
Courts increasingly use actuarial meaning statistically derived information about a defendant's likelihood of engaging in criminal behavior in the future at sentencing. This Article examines how developers construct the tools that predict recidivism risk. It exposes the numerous choices that developers make during tool construction with serious consequences to sentencing law and policy. These design decisions require normative judgments concerning accuracy, equality, and the purpose of punishment. Whether and how to address these concerns reflects societal values about the administration of criminal justice more broadly. Currently, developers make these choices in the absence of law, even as they face distinct …
Tradition And Culture In Africa: Practices That Facilitate Trafficking Of Women And Children, Norah Hashim Msuya
Tradition And Culture In Africa: Practices That Facilitate Trafficking Of Women And Children, Norah Hashim Msuya
Dignity: A Journal of Analysis of Exploitation and Violence
Many states in Africa have adopted legislative, administrative and institutional measures to combat trafficking in human beings. These measures include, among other things, the formulation and implementation of both national and regional action plans by African states to provide for comprehensive and coordinated interventions. Many African countries have also enacted an anti-trafficking legislation at the country level. Despite these measures, African women and children have been trafficked annually worldwide for purposes of forced labor, sexual exploitation, and domestic servitude. Additionally, women and children are trafficked within their countries from rural to urban areas. Misconception and abuse of African tradition and …
'What Do I Do With The Porn On My Computer?': How A Lawyer Should Counsel Clients About Physical Evidence, Peter A. Joy, Rodney J. Uphoff
'What Do I Do With The Porn On My Computer?': How A Lawyer Should Counsel Clients About Physical Evidence, Peter A. Joy, Rodney J. Uphoff
Scholarship@WashULaw
This Article critically analyzes the legal and ethical limits of advice a lawyer may give clients about evidence of crimes, and provides examples of that advice in a number of situations involving clients with questions about what they should do with real and electronic evidence. When criminal charges have not been brought and are not expected, how much latitude does a lawyer have in giving advice to a client? When may a lawyer counsel a client to destroy contraband or other evidence of a crime? When a lawyer may not counsel destruction, is a lawyer legally and ethically permitted to …
A Comparison Of Defendants With Mental Illness Represented By Public Defenders And Private Attorneys: An Analysis Of Court-Ordered Pretrial Psychiatric Evaluations, Donald M. Linhorst, P. Ann Dirks-Lindhorst, Susan Mcgraugh, Lauren Choate, Sarah Riley
A Comparison Of Defendants With Mental Illness Represented By Public Defenders And Private Attorneys: An Analysis Of Court-Ordered Pretrial Psychiatric Evaluations, Donald M. Linhorst, P. Ann Dirks-Lindhorst, Susan Mcgraugh, Lauren Choate, Sarah Riley
All Faculty Scholarship
This study compared the characteristics and court-ordered evaluation questions and responses among 4,430 defendants to determine if differences existed between those represented by public defenders and private attorneys when receiving trial competency or responsibility psychiatric evaluations from a state department of mental health. Defendants represented by public defenders were more likely to be younger, to have less education, to have psychotic disorders, to have a history of inpatient psychiatric treatment, to live in urban or rural counties, and to be jailed at the time of the evaluation. In addition, defendants represented by public defenders were less likely to have a …
Jailhouse Informants In Canadian Criminal Courts, Olena Beshley
Jailhouse Informants In Canadian Criminal Courts, Olena Beshley
Theses and Dissertations (Comprehensive)
Criminal justice systems in Canada and around the world have been established to deal with matters that require attention, punishment, and justice. An important function of criminal justice systems is the evaluation of evidence presented in the court of law. Evidence from jailhouse informants who testify that they have been privy to confessions of crimes is a contentious issue. Much of the scholarly literature available to date on wrongful conviction cases focuses on causes of insufficient and unreliable evidence obtained through different techniques and from different sources. Despite the high number of investigations into wrongful conviction cases, the subject of …
Contemporary Soviet Criminal Law: An Analysis Of The General Principles And Major Institutions Of Post-1958 Soviet Criminal Law, Chris Osakwe
Georgia Journal of International & Comparative Law
No abstract provided.
Effective Social Media Use By Law Enforcement Agencies: A Case Study Approach To Quantifying And Improving Efficacy And Developing Agency Best Practices, David T. Snively
Effective Social Media Use By Law Enforcement Agencies: A Case Study Approach To Quantifying And Improving Efficacy And Developing Agency Best Practices, David T. Snively
Master of Public Administration Practicums
In the wake of protests against law enforcement for an array of reasons, law enforcement officers and agencies have a responsibility to recognize and utilize the available mediums of communication with which they may best develop a connection to the communities they serve. Furthermore, law enforcement agencies must be informed that established, traditional methods of news dissemination – such as press conferences and printed articles – are now both ineffective and under-utilized, replaced in large part by social media live-time reports. For that reason, law enforcement agency executives must address both the responsibility to provide appropriately timed updates to critical …
Punishing Genocide: A Comparative Empirical Analysis Of Sentencing Laws And Practices At The International Criminal Tribunal For Rwanda (Ictr), Rwandan Domestic Courts, And Gacaca Courts, Barbora Hola, Hollie Nyseth Brehm
Punishing Genocide: A Comparative Empirical Analysis Of Sentencing Laws And Practices At The International Criminal Tribunal For Rwanda (Ictr), Rwandan Domestic Courts, And Gacaca Courts, Barbora Hola, Hollie Nyseth Brehm
Genocide Studies and Prevention: An International Journal
This article compares sentencing of those convicted of participation in the 1994 genocide in Rwanda. With over one million people facing trial, Rwanda constitutes the world’s most comprehensive case of criminal accountability after genocide and presents an important case study of punishing genocide. Criminal courts at three different levels— international, domestic, and local—sought justice in the aftermath of the violence. In order to compare punishment at each level, we analyze an unprecedented database of sentences given by the ICTR, the Rwandan domestic courts, and Rwanda’s Gacaca courts. The analysis demonstrates that sentencing varied across the three levels—ranging from limited time …
The School-To-Prison Pipeline: How Roles Of School-Based Law Enforcement Officers May Impact Disciplinary Actions, Kathy Martinez-Prather, Joseph M. Mckenna, Scott W. Bowman
The School-To-Prison Pipeline: How Roles Of School-Based Law Enforcement Officers May Impact Disciplinary Actions, Kathy Martinez-Prather, Joseph M. Mckenna, Scott W. Bowman
Qualitative Criminology (QC)
"The presence of law enforcement officers in schools has generated an overwhelming amount of concern among educators, parents, researchers, and policy-makers. It is believed their mere presence in schools is associated with the school-to-prison pipeline (STPP), which suggests that the use of police criminalizes minor student behavior and pushes them into the juvenile and criminal justice systems. However, it remains unclear as to what impact law enforcement officers truly have on this phenomenon. The purpose of this study is to examine the impact of law enforcement officers on the STPP in relation to the roles they are assigned. We argue …
The Emergence Of Contemporary Bestiality Law: Applying The Integrative Conflict Model To The Enumclaw Case, Jason S. Ulsperger, Kristen L. Ulsperger, Cole Smith
The Emergence Of Contemporary Bestiality Law: Applying The Integrative Conflict Model To The Enumclaw Case, Jason S. Ulsperger, Kristen L. Ulsperger, Cole Smith
Qualitative Criminology (QC)
"This article examines the social construction of bestiality law in the United States using the Integrative Conflict Model of law formation. With qualitative findings from a media content study including newspaper articles, a documentary transcript, and a variety of online data sources, it explores the dynamics behind the formation of bestiality law in the state of Washington. The research specifically uses the circumstances surrounding the death of Kenneth Pinyan, and the subsequent Enumclaw horse sex scandal that took place in the summer of 2005, to support the idea that bestiality law can emerge due to specific factors: structural foundations, perceptions …
Lois Presser And Sveinung Sandberg (Eds), Narrative Criminology: Understanding Stories Of Crime, Adam Veitch
Lois Presser And Sveinung Sandberg (Eds), Narrative Criminology: Understanding Stories Of Crime, Adam Veitch
Qualitative Criminology (QC)
"Over the last two decades there has been an epistemological push in the social sciences to bring narrative into the methodological fold. Narrative social science is steeped in theories of humans as story tellers. The foreword to Narrative Criminology argues that this theoretical line of thought originates in Jean-Paul Sartre’s belief that people are fundamentally storytelling creatures, or “homo narrativus.” The guiding thought here is that stories are central to understanding how and why we act in society. We are all storytellers, and we enjoy sharing tales with an audience. Furthermore, the way that we construct stories of our social …
Fugitive Safe Surrender: A Qualitative Analysis Of Participants’ Reasons For Surrender And Anticipated Outcomes To Inform Program Evaluation, Joseph D. Galanek, Janelle Duda, Daniel J. Flannery, Jeff Kretschmar, Frederick Butcher
Fugitive Safe Surrender: A Qualitative Analysis Of Participants’ Reasons For Surrender And Anticipated Outcomes To Inform Program Evaluation, Joseph D. Galanek, Janelle Duda, Daniel J. Flannery, Jeff Kretschmar, Frederick Butcher
Qualitative Criminology (QC)
"The Fugitive Safe Surrender (FSS) program is a means for individuals with outstanding warrants to turn themselves in at a non-law-enforcement setting. Challenges remain in evaluating FSS program outcomes. Based on n = 211 participants’ demographic data and qualitative, open-ended written responses collected during an FSS event in a mid-sized Midwestern city, we analyze participants’ reasons for surrendering and anticipated outcomes of surrendering. Utilizing inductive thematic analysis of participants’ responses, we identify individual-level program outcomes that can be used for evaluating FSS. We additionally identify the intersection of codes amongst participant responses to demonstrate the inter-connectedness of FSS participants’ reasons …
Framing Legitimacy: A Qualitative Analysis Examining Local Print-Media Portrayals Of An Immigrant Family Detention Center In Texas, Layne Dittmann, Jurg Gerber
Framing Legitimacy: A Qualitative Analysis Examining Local Print-Media Portrayals Of An Immigrant Family Detention Center In Texas, Layne Dittmann, Jurg Gerber
Qualitative Criminology (QC)
"Research suggests that media portrayals can impact the opinions of adults (Dizard, 2000). However, media reports on aspects of our criminal justice system, such as corrections, are an understudied topic (Marsh, 1989), especially regarding the use of private prisons. The current study examines a sample of 12 local Texas newspapers that reported on the T. Don Hutto Facility in Taylor, Texas, between January 1, 2000, and December 31, 2013. This facility was once a state prison for males and local jail inmates before being converted into an undocumented immigrant family detention facility and later into a detention center for undocumented …
“Explaining Similarities And Variations In Program Structures And Professional Roles In Midwestern Mental Health Courts” By Monte D. Staton And Arthur J. Lurigio, Monte D. Staton, Arthur J. Lurigio
“Explaining Similarities And Variations In Program Structures And Professional Roles In Midwestern Mental Health Courts” By Monte D. Staton And Arthur J. Lurigio, Monte D. Staton, Arthur J. Lurigio
Qualitative Criminology (QC)
"For nearly twenty years, legal and mental health professionals have created mental health courts (MHCs) for responding to the increasing numbers of criminally involved people with severe mental illnesses (PSMI) who are entering the criminal justice system. This article presents findings from qualitative analysis of survey and ethnographic data collected at nine MHCs established in a Midwestern state between 2004 and 2008, exploring how professionals who operated the MHCs organized the programs and conducted roles at the work sites. Findings revealed that professionals established very similar models of mental health court organization at each of the nine sites. The data …
Andrea S. Boyles, Race, Place, And Suburban Policing: Too Close For Comfort, Brian P. Schaefer
Andrea S. Boyles, Race, Place, And Suburban Policing: Too Close For Comfort, Brian P. Schaefer
Qualitative Criminology (QC)
"The struggles of African Americans with police in urban environments are well documented in criminological and sociological research. Andrea Boyles in Race, Place, and Suburban Policing offers new perspectives by introducing readers to the relationship between African Americans and the police in Meacham Park, a suburban enclave of affluent Kirkwood, Missouri. The focus on suburbia depicts how race and place shapes interactions and sheds doubt that African Americans can escape the harms associated with living in low-income urban environments by relocating to the suburbs. Boyles spent two years conducting fieldwork and interviewed over thirty adults at length. Her findings provide …
Susan J. Terrio, Whose Child Am I? Unaccompanied, Undocumented Children In U.S. Immigration Custody, Francisco J. Alatorre
Susan J. Terrio, Whose Child Am I? Unaccompanied, Undocumented Children In U.S. Immigration Custody, Francisco J. Alatorre
Qualitative Criminology (QC)
"Whose Child Am I? is by Susan Terrio, Professor of Anthropology at Georgetown and author of two other books about issues of juvenile delinquency. Focusing on the wretched and dangerous experiences of Latino youth desperately traveling to and reaching El Norte, and then experiencing detention and incarceration, Terrio interrogates the American dream and American ideals of inclusion, as both are seriously abused in this international transborder tragedy. Terrio conducts her inquiry into how undocumented children are sent north, how they survive, and what happens to them by relating the process chronologically. She describes the children finding their way “home” …
Criminals Behind The Veil: Political Philosophy And Punishment, Chad Flanders
Criminals Behind The Veil: Political Philosophy And Punishment, Chad Flanders
Brigham Young University Journal of Public Law
No abstract provided.
Identifying Criminals’ Risk Preferences, Murat C. Mungan, Jonathan Klick
Identifying Criminals’ Risk Preferences, Murat C. Mungan, Jonathan Klick
Faculty Scholarship
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 …
John M. Hagedorn, The Insane Chicago Way: The Daring Plan By Chicago Gangs To Create A Spanish Mafia, Thomas Barker
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 …