Criminal Law Commons^™

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 …

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.

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 …

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 …

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 …

Dna And Distrust, Kerry Abrams, Brandon L. Garrett

Faculty Scholarship

Over the past three decades, government regulation and funding of DNA testing has reshaped the use of genetic evidence across various fields, including criminal law, family law, and employment law. Courts have struggled with questions of when and whether to treat genetic evidence as implicating individual rights, policy trade-offs, or federalism problems. We identify two modes of genetic testing: identification testing, used to establish a person’s identity, and predictive testing, which seeks to predict outcomes for a person. Judges and lawmakers have often drawn a bright line at predictive testing, while allowing uninhibited identity testing. The U.S. Supreme Court in …

When Society Becomes The Criminal: An Exploration Of Society’S Responsibilities To The Wrongfully Convicted, Amelia A. Haselkorn

Pitzer Senior Theses

This thesis explores how society can and should compensate those who have been wrongfully convicted after they are exonerated and how we can prevent these mistakes from happening to others in the future. It begins by presenting research on the scope of the problem. Then it suggests possible reforms to the U.S. justice system that would minimize the rate of innocent convictions. Lastly, it takes both a philosophical and political look at what just compensation would entail as well as a variety of state compensation laws.

The Drug Court Paradigm, Jessica M. Eaglin

Articles by Maurer Faculty

Drug courts are specialized, problem-oriented diversion programs. Qualifying offenders receive treatment and intense court-supervision from these specialized criminal courts, rather than standard incarceration. Although a body of scholarship critiques drug courts and recent sentencing reforms, few scholars explore the drug court movement’s influence on recent sentencing policies outside the context of specialized courts.

This Article explores the broader effects of the drug court movement, arguing that it created a particular paradigm that states have adopted to manage overflowing prison populations. This drug court paradigm has proved attractive to politicians and reformers alike because it facilitates sentencing reforms for low-level, nonviolent …

Unintended Lawlessness Of Stand Your Ground: Justitia Fiat Coelum Ruat, Ann Marie Cavazos

Journal Publications

This paper will examine Florida's Stand Your Ground law by analyzing the origins and purpose of the law, vis-a-vis comparative analysis, and by discussing the application of this law. It will compare the stories of victims and further dissect the necessity and benefits of the Stand Your Ground laws, and examine in particular how it has affected the citizens of Florida and the nation. This Article will examine unforeseen outcomes derived from the enactment of a law meant for the common good and will further discuss how the Castle Doctrine evolved into the current Stand Your Ground laws. It will …

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 …

Are Hispanics Discriminated Against In The Us Criminal Justice System?, Maria A. Eijo De Tezanos Pinto

Graduate Research Posters

Recent publications have contributed to increase the perception among Hispanics of an unfair and unequal treatment of this community by the US Criminal Justice System. One of the major concerns was the claim that Hispanics are incarcerated before conviction nearly twice as often as Whites. Unfair treatment perception by the population reduces legitimacy of police and government, and thus, it is imperative to analyze these uninvestigated allegations. Therefore, the purpose of this study is to address said allegations of discrimination against Hispanics and analyze with updated and reliable statistics whether Hispanics are incarcerated before conviction more often than Whites. There …

Guns And Drugs, Benjamin Levin

Scholarship@WashULaw

This Article argues that the increasingly prevalent critiques of the War on Drugs apply to other areas of criminal law. To highlight the broader relevance of these critiques, the Article uses as its test case the criminal regulation of gun possession. The Article identifies and distills three lines of drug-war criticism, and argues that they apply to possessory gun crimes in much the same way that they apply to drug crimes. Specifically, the Article focuses on: (1) race- and class-based critiques; (2) concerns about police and prosecutorial power; and (3) worries about the social costs of mass incarceration. Scholars have …

Neuroscience And Behavioral Genetics In Us Criminal Law: An Empirical Analysis, Nita A. Farahany

Faculty Scholarship

The goal of this study was to examine the growing use of neurological and behavioral genetic evidence by criminal defendants in US criminal law. Judicial opinions issued between 2005–12 that discussed the use of neuroscience or behavioral genetics by criminal defendants were identified, coded and analysed. Yet, criminal defendants are increasingly introducing such evidence to challenge defendants’ competency, the effectiveness of defense counsel at trial, and to mitigate punishment.

Criminal Labor Law, Benjamin Levin

Scholarship@WashULaw

This Article examines a recent rise in suits brought against unions under criminal statutes. By looking at the long history of criminal regulation of labor, the Article argues that these suits represent an attack on the theoretical underpinnings of post-New Deal U.S. labor law and an attempt to revive a nineteenth century conception of unions as extortionate criminal conspiracies. The Article further argues that this criminal turn is reflective of a broader contemporary preference for finding criminal solutions to social and economic problems. In a moment of political gridlock, parties seeking regulation increasingly do so via criminal statute. In this …

One Last Word On The Blackstone Principle, Daniel Epps

Scholarship@WashULaw

In "The Consequences of Error in Criminal Justice," I analyzed and critiqued the "Blackstone principle" — shorthand for the common intuition that a criminal justice system should strive to minimize false convictions, even at the expense of creating more false acquittals and more total errors overall. Joel Johnson's "Benefits of Error in Criminal Justice" is a thoughtful and well-crafted response to my article. In this short reply, I offer some thoughts on Johnson’s arguments, while also addressing two other recent responses by Laura Appleman and by John Bronsteen and Jonathan Masur. While I use this opportunity to clarify and defend …

How To Incite Crime With Words: Clarifying Brandenburg’S Incitement Test With Speech Act Theory, Bradley J. Pew

BYU Law Review

No abstract provided.

Adam Calverly, Cultures Of Desistance: Rehabilitation, Reintegration, And Ethnic Minorities, Whitney Threadcraft-Walker

Qualitative Criminology (QC)

"Third in an international series investigating desistance and rehabilitation, Adam Calverly’s Cultures of Desistance builds on the extant desistance literature through a comparative analysis of the impact of micro-, meso-, and macro- level factors on the processes associated with criminal disengagement on Indian, Bangladeshi and Black/Dual Heritage offenders in the Brixton neighborhood of London. The author has previously established expertise in the area of ethnicity and desistance through such as Understanding Desistance from Crime: Emerging Theoretical Directions in Resettlement and Rehabilitation (2005) co-authored with Steve Farrell and Black and Asian Offenders on Probationers (2004). Much of the data presented in …

Variations In Patrol Officers’ Concerns About Racial Profiling Across Communal Contexts, Paul Reck

Qualitative Criminology (QC)

"Numerous studies have explored the issue of racial profiling, but only a few studies have examined how officers view racial profiling and whether such views affect officers’ patrolling of racial minorities. These latter studies generally have found that officers rationalize and dismiss the issue of profiling. However, studies pertaining to citizens’ perceptions of the police and studies identifying policing imperatives that officers associate with particular spaces suggest that there are characteristics of communities that may play an important role in shaping officers’ perceptions of profiling and patrolling of racial minorities. The current study, which is based on ethnographic ride-along interviews …

Editorial, Will Oliver

Qualitative Criminology (QC)

"Welcome to the second issue of the third volume of the Journal of Qualitative Criminal Justice & Criminology, and also my last issue as editor. Four years ago, I was given the opportunity by the president and board of the Southwestern Association of Criminal Justice to start up a new association journal and they liked my idea of a qualitative methods journal that would appeal to not only criminal justice, but to criminology as well. I began putting together an editorial board and was overwhelmed by the positive support I received regarding my ideas for the journal. That made …

Michael Welch, Escape To Prison: Penal Tourism And The Pull Of Punishment, Lindsey L. Upton

Qualitative Criminology (QC)

"Prisons and asylums are unique institutions of confinement that attract our gaze long after they are abandoned. In Escape to Prison, Michael Welch draws attention to ten prison museums across the world where the histories of punishment and control found in each respective culture are presented for our consumption. Welch analyzes prison museums as sites of power and authority. Escape to Prison is an invaluable contribution to cultural criminology because it studies each prison museum in the context of their respective cultures and provides connections between dark tourism and the history of punishment across the globe."

Shaw, Clifford, The Jack Roller, Richard Tewksbury

Qualitative Criminology (QC)

"Learn from the classics. Understand where you came from. Know the past so you won’t repeat it. Be informed about those that have preceded you. Find the foundation your own work is based upon. All of these are viable, valuable, and unfortunately, often unheeded pearls of wisdom. I, for one, can admit that while I’ve espoused these lessons many times, I have not adhered to my own advice. Although we all are well versed (at least for an undergraduate level lecture or two) on the history of our field and the influential scholars and works of the field, unfortunately far …

“Age Is Just A Number In Here”: A Qualitative Study Of Adulthood In A Women’S Prison, Janani Umamaheswar

Qualitative Criminology (QC)

"Desistance from crime is a significant marker of adulthood, while persistence in criminal behavior is inconsistent with a subjective sense of adulthood (Massoglia & Uggen, 2010). To understand the relationship between crime and adulthood in greater detail, however, it is important to understand how offenders interpret and conceptualize the notion of adulthood in the first place. Based on interviews and mail correspondence with 35 incarcerated women, I explore this question through an examination of how incarcerated women construct definitions of adulthood while in prison. The findings indicate that in a restrictive environment marked by a lack of independence, women in …

Exploring Police Legitimacy Perceptions Among Arab And Chaldean Business Owners In Detroit, Vaughn J. Crichlow, Edmund F. Mcgarrell

Qualitative Criminology (QC)

"Most agree that police officers cannot do their jobs effectively without the support of community members. However, little is known about the perceptions of small business owners who could potentially make a meaningful contribution to safety and security in such communities. There is also a paucity of research on immigrant-owned businesses in disorderly urban communities. To address the gap, this study explores the attitudes of small business owners toward the police in Detroit, Michigan, a city known for high levels of violent crime and presents an analysis of the qualitative data collected from in-depth interviews with small business owners (n …

Racially Neutral Policing?: Puerto Rican And Mexican Young Adults’ Experiences With Order Maintenance Strategies, Claudio G. Vera Sanchez, Jacinta M. Gau

Qualitative Criminology (QC)

"Despite the proliferation of seemingly racially neutral police strategies, Latinos continue to report unfavorable views toward police. Limited attention has been given to how urban strategies, such as order maintenance policing, are experienced by young Latino males. The present study uses data from in-depth interviews conducted with male Latino youth in two Chicago neighborhoods: one majority-Latino, predominantly Mexican; and one mixed-race, gentrifying Puerto Rican. Results show that youth in both neighborhoods report enhanced surveillance and aggressive stop-and-frisks. Additionally, neighborhood context shapes the dynamics between police and young Latinos. In the Puerto Rican neighborhood, policing is enmeshed in culture clashes. In …

Visualizing Abolition: Two Graphic Novels And A Critical Approach To Mass Incarceration For The Composition Classroom, Michael Sutcliffe

SANE journal: Sequential Art Narrative in Education

This article outlines two graphic novels and an accompanying activity designed to unpack complicated intersections between racism, poverty, and (d)evolving criminal-legal policy. Over 2 million adults are held in U.S. prison facilities, and several million more are under custodial supervision, and it has become clearly unsustainable. In the last decade, there has been a shift in media conversations about criminality, yet only a few suggest decreasing our reliance upon incarceration. In meaningfully different ways, the two novels trace the development of incarceration from its roots in slavery to its contemporary anti-democratic iteration and offer an underpublicized alternative.

Critical and community …