Criminal Law Commons^™

Barrett, C.J., Courting Kids: Inside An Experimental Youth Court, Avi Brisman

Qualitative Criminology (QC)

"In the late 1980s and early 1990s, the United States witnessed a small increase in youth violence, particularly a rise in gun violence among young African-American urban males. This spike in gun violence was localized and primarily linked to turmoil surrounding the introduction of crack cocaine into many cities around the country—metropolitan areas that were already experiencing crushing economic pressures, unemployment, and decaying neighborhoods. There was no evidence of an overall nationwide surge in “youth crime” or “juvenile crime”—terms that became conflated with serious “youth violence,” which, in turn, became code for “dangerous young black or brown men.” Despite this …

Ronald Weitzer, Legalizing Prostitution: From Illicit Vice To Lawful Business, Tammy Castle

Qualitative Criminology (QC)

"Dr. Ronald Weitzer is considered an expert on the sex industry, having studied prostitution for over a decade. In his latest book, Legalizing Prostitution: From Illicit Vice to Lawful Business, Weitzer provides a comprehensive examination of the myriad dimensions of sex work by drawing on both past research and his own ethnographic field work. Not only does he shatter prostitution myths by using empirical data, but also offers an alternative paradigm for understanding sex work that is theoretically grounded. In addition, he casts a critical eye on prostitution policies in the United States and proposes a “best practices” approach …

Stephanie C. Kane, Where Rivers Meet The Sea: The Political Ecology Of Water, Ashley K. Farmer

Qualitative Criminology (QC)

"Where Rivers Meet the Sea aims to explore how human beings have somehow created an environment that threatens the life-sustaining water systems that are such a natural, and perhaps taken for granted, part of their communities. Exploring rich cultural and historical contexts within two strikingly different South American neighborhoods, Stephanie C. Kane delves into how communities situated along bodies of water interact with and affect the human-water relationship. She pays particular attention to how culture, art, and race are intertwined with politics, crime, and governance."

Forced To Learn: Community-Based Correctional Education, Ron Mottern, C. Amelia Davis, Mary F. Ziegler

Qualitative Criminology (QC)

"Community-based correctional education has received scant attention in adult literacy research yet mandatory education is a growing part of the legal system and is fueled by research that suggests a link between correctional education and lower rates of recidivism. Growth in alternative to prison programs affects local ABE and GED programs. Adults who attend community-based correctional programs as a condition of their probation or parole face many challenges. The purpose of this existential-phenomenological study was to understand the experience of those adults. Findings describe students’ experiences of being forced to attend a GED program. Opening a space for these stories …

Jamie J. Fader, Falling Back: Incarceration And Transitions To Adulthood Among Urban Youth, Kallee Spooner

Qualitative Criminology (QC)

"In her first book, Jamie J. Fader presents an account of a group of young black males attempting to “fall back,” or stay out of trouble, as they return from a juvenile residential corrections facility to their communities in Philadelphia. Prior to the study, Fader spent six years evaluating delinquency programs for the city of Philadelphia and over a year working at a communitybased aftercare program that assisted youth returning to the city from reform schools. Fader gained access and insight to the structure and processes of the juvenile court system, which facilitated her research."

Making Matters Worse: The Safe Streets And Communities Act And The Ongoing Crisis Of Indigenous Over-Incarceration, Ryan Newell

Osgoode Hall Law Journal

The Safe Streets and Communities Act (SSCA), a recent and wide-reaching piece of the Conservative Party of Canada’s tough-on-crime agenda, will exacerbate the ongoing crisis of Indigenous over-incarceration. In this article, I review the extensive literature that addresses the causes of Indigenous over-representation in the Canadian criminal justice system before assessing the impact of R v Gladue, nearly fifteen years after the Supreme Court of Canada’s decision. I analyze how the SSCA will restrict courts’ resort to Gladue, thus resulting in the incarceration of increasing numbers of Indigenous people. I then develop one avenue of constitutional challenge to the SSCA’s …

Taking Mistakes Seriously, Paul J. Larkin Jr.

Brigham Young University Journal of Public Law

Part I of this article discusses the principle that mistake or ignorance of the law is no excuse. It is settled law that no one can defend against a criminal charge on the grounds that he did not intend to flout the law and, at worst, made only a reasonable, honest mistake as to what he was free to do. Part II examines several areas in which the law does precisely the opposite by repeatedly manifesting a willingness to forgive reasonable mistakes by one or more actors in the criminal justice system. Part III then asks whether the developments discussed …

The Only Thing That Stops A Guy With A Bad Policy Is A Guy With A Good Policy: An Examination Of The Nra’S “National School Shield” Proposal, Gordon A. Crews, Angela D. Crews, Catherine E. Burton

Criminal Justice Faculty Research

With the recent tragedy at Sandy Hook Elementary in Newtown, CT, the public and the government are looking for solutions to school violence. The National Rifle Association (NRA), a Second Amendment, pro-gun advocacy group, has proposed an “education and training emergency response program” called The National School Shield, which advocates the placement of armed security in schools. Although the program sounds provocative, serious questions complicate its plausibility, necessity, motive, and effectiveness. Furthermore, the potential policy and practical ramifications of encouraging armed security forces in U.S. schools are complex. The authors examined the proposal’s key elements from a public policy perspective …

The Plea Bargain Crisis For Noncitizens In Misdemeanor Court, Jason A. Cade

Scholarly Works

This Article considers three factors contributing to a plea-bargain crisis for noncitizens charged with misdemeanors: 1) the expansion of deportation laws to include very minor offenses with little opportunity for discretionary relief from removal; 2) the integration of federal immigration enforcement programs with the criminal justice system; and 3) the institutional norms in non-federal lower criminal courts, where little attention is paid to evidence or individual equities and where bail and other process costs generally outweigh perceived incentives to fight charges. The Article contends that these factors increase the likelihood that a noncitizen’s low-level conviction will not reliably indicate guilt …

Review Of Capote’S In Cold Blood, Yevgeniy Mayba

Themis: Research Journal of Justice Studies and Forensic Science

No abstract provided.

Editorial, Willard M. Oliver

Qualitative Criminology (QC)

Criminal Justice & Criminology have a long history of using qualitative methods in the conduct of research, but to date there has been neither a qualitative journal in criminal justice, nor one in criminology. That has now changed with this first issue of the Journal of Qualitative Criminal Justice & Criminology (JQCJC); and as one leading scholar recently told me, “It’s about time!”

Hearts In The Wasteland: Redeeming The Moral Self In Corrections, Allison M. Hicks

Qualitative Criminology (QC)

"In this article, I examine the emotional culture of prisons as perceived by prison chaplains, a population characterized by conflicting expectations and split loyalties. Expected to enforce institutional rules and punish rule violators, chaplains are also charged with the spiritual rehabilitation of their clients. Greer (2002) argues that prisons represent rich environments for exploring emotion management, being simultaneously emotionally inciting and constraining for those individuals living and working within them. To better understand this duality, I explore chaplains’ interpersonal management of inmates’ emotions. Based on qualitative interview data, I describe some of the assumptions chaplains make about inmates’ emotions and …

Looking Back At Other People’S Money: A Qualitative Test Of Cressey’S Classic Hypothesis Of Trust Violating Behavior, Paul M. Klenowski, Heith Copes

Qualitative Criminology (QC)

"Cressey’s study of trust violators has had a tremendous impact on how criminologists understand white collar offenders. Despite this, few have sought to replicate or validate his findings. The aim of this study is to replicate Cressey’s classic work to determine if it still has practical theoretical value today. To do this, we relied on data collected from 25 male federally incarcerated occupational offenders using semi-structured interviews. The results indicate that there is moderate empirical support for Cressey’s hypothesis when collectively examining all three components of his hypothesis. We found only minimal support for the importance of “non-shareable problems” because …

How Families Of Murder Victims Feel Following The Execution Of Their Loved One’S Murderer: A Content Analysis Of Newspaper Reports Of Executions From 2006-2011, Corey Burton, Richard Tewksbury

Qualitative Criminology (QC)

"Two common assumptions are that family members of murder victims (i.e. co-victims) will achieve closure and perceive a sense of justice following the execution of their loved one’s murderer. Those acting on behalf of co-victims and purporting to represent their best interests often use closure and justice discourses to bolster their arguments in favor of capital punishment in a particular case. However to assume, unequivocally, that family members will view the execution as the last of several steps in the journey to closure and perceived justice is to ignore a significant number of co-victims who may feel differently. Drawing on …

A Formative Approach In Applying A Meta- Ethnography Across The Qualitative Professional Criminal Literature, Douglas J. Wholl, Wilson R. Palacios, John K. Cochran, Christine S. Sellers

Qualitative Criminology (QC)

"This paper aims to introduce and teach readers step-by-step how to conduct a meta-ethnography within the field of criminology. In order to accomplish this, we purposefully selected a very narrow area of study, professional criminals as presented in well-known classic criminological monographs and then further restricted it to a rational choice perspective, a theoretical rubric easily addressed via the meta-ethnography. These limiting decisions were done so that readers would not get lost in the substance of the meta-ethnography. A search of qualitative research monographs and related online bibliographic databases identified a total of 32 research monographs, 6 of which met …

Examining The Decision-Making Processes Of Sex Tourists Using On-Line Data, Thomas J. Holt, April M. Zeoli, Kathleen Bohrer

Qualitative Criminology (QC)

"Criminological research has increasingly focused on the decision- making processes of offenders in order to better understand criminal behavior as a whole. A small body of research has considered how the bounds or limits of offender decision-making are shaped by various factors. In addition, limited research has considered the role of preference and bounded rationality in crimes where long-range planning and careful consideration of options are possible. To that end, this study explores both the factors that influence individual decisions and the way that they interact with preference to shape the decision-making process of sex tourists or individuals who travel …

Van Den Hoonaard, D.K. Qualitative Research In Action: A Canadian Primer, Deborah Landry

Qualitative Criminology (QC)

"Dr. Deborah Van Den Hoonaard has made a distinguished career of applying qualitative methodologies to uncover the rich everyday experiences of marginal populations. Professor Van Den Hoonaard holds a prestigious position as Canada Research Chair in Qualitative Analysis, garnering the respect of her peers for her fieldwork. The savvy experience of a seasoned field researcher unfolds easily in this guidebook, which feels more like a documentary than a methodology textbook. Nodding to the ethnographic traditions of the Chicago School and McGill University (the Canadian version of the Chicago School), her engagement with contemporary approaches is couched in an informed historical …

Louise Westmarland, Gender And Policing: Sex, Power, And Police Culture, Maria D. H. Koeppel

Qualitative Criminology (QC)

"Originally released in 2001, Louise Westmarland’s Gender and Policing has been released with a new publisher. With Routledge’s rerelease of the book, it is necessary to reassess the value of its research in the field of gender and policing to determine if it is still relevant. Throughout the book, Westmarland uses qualitative data to explore gendered themes in United Kingdom police forces. More specifically, her work focuses on whether differential deployment exists in policing based on gender and explores the role of gender within policing culture in several different situations. To analyze possible gendered patterns, Westmarland bases her work on …

“We’Re All Born With Equal Opportunities”: Hegemonic Individualism And Contextual Mitigation Among Delaware Capital Jurors, Ross Kleinstuber

Qualitative Criminology (QC)

"The Supreme Court has ruled that evidence derived from a capital defendant’s life history is crucial for making the reasoned moral judgment that is central to the death penalty’s constitutionality. However, Dunn and Kaplan (2009) suggested that individualism is so embedded in American culture that most people defer to it uncritically, which makes the use of such contextualizing mitigating evidence challenging. Prior studies suggest that capital jurors do not understand mitigation and focus on guilt-related issues when making their sentencing decisions, but they do not examine why this is so. This study extends these prior works by comparing the content …

Geoff K. Ward, The Black Child-Savers: Racial Democracy & Juvenile Justice, Robin D. Jackson

Qualitative Criminology (QC)

"Drawing on biographical details, people’s experiences, and historical documents, Geoff K. Ward examines Black child savers’ efforts and struggles to transform a Jim Crow juvenile justice system into a racially democratic model of juvenile justice. In his first book: The Black Child-Savers: Racial Democracy & Juvenile Justice, Ward describes Black child-savers as concerned Black Americans and their allies who sought racial reform in the juvenile justice system and who intervened on the behalf of Black dependent and delinquent youth. Ward also discusses “the sociocultural origins and organization of Jim Crow juvenile justice as well as the social movement by …

W.E.B. Dubois, The Philadelphia Negro: A Social Study, Howard Henderson

Qualitative Criminology (QC)

"Criminology’s Forgotten Genesis?

Crime is a phenomenon of organized social life, and is the open rebellion of an individual against his social environment. Naturally then, if men are suddenly transported from one environment to another, the result is lack of harmony with the new conditions; lack of harmony with the new physical surroundings leading to disease and death or modification of physique; lack of harmony with social surroundings leading to crime. (DuBois, p. 235) "

Saundra D. Westervelt & Kimberly J. Cook, Life After Death Row: Exonerees’ Search For Community And Identity, Jeanne Subjack

Qualitative Criminology (QC)

"Life After Death Row examines how individuals wrongly sentenced to death adjust to life after their release. The idea for the book arose in 2009, after Westervelt and Cook attended a conference and learned about the different aspects related to wrongful convictions that had yet to be addressed in academia. To gain a more thorough understanding of the events the participants experienced, the authors used life history and feminist methods to conduct their research. Although the current analysis is not necessarily focused on gender, feminist methods are useful here because they can be applied when a researcher “seeks an …

The Problem With Misdemeanor Representation, Erica J. Hashimoto

Scholarly Works

The failure to appoint counsel in misdemeanor cases may represent one of the most widespread violations of federal constitutional rights in criminal cases. A decade ago, in Alabama v. Shelton, the Supreme Court held that indigent defendants sentenced to suspended terms of incarceration in misdemeanor cases have a constitutional right to appointed counsel, even if the defendant is never actually incarcerated. Several factors contribute to this omission. First, some jurisdictions have simply refused to honor the Court's holding. Second, potentially unconstitutional barriers to the appointment of counsel-including prohibitively high fees imposed on defendants, failures to fully inform defendants of their …

The Enemy Within: Sexual Assault And Rape In The Us Armed Forces, Dahlia D'Arge

Lewis Honors College Capstone Collection

This paper follows my personal journey in learning about this problem, its legal repercussions for individual soldiers, its history within the United States, the actions which are being taken to remedy it, and its cost to the US military as a whole. By taking a more personal approach and by using my personal experience as an intern as a US Army Judge Advocate Corps office, this paper intends to educate the wider college populace about this issue and its current handling by the US Army from the perspective of an insider.

Knowledge Of Juvenile Sex Offender Registration Laws As A Predictor Of Adolescent Sexual Behavior, Cynthia J. Najdowski, Margaret C. Stevenson, Tisha Ra Wiley

Psychology Faculty Scholarship

Because juveniles can now be registered as sex offenders, we conducted a pilot study to investigate awareness of these policies and sexual behavior histories in a convenience sample of 53 young adults (ages 18 to 23, 79% women). These preliminary data revealed that 42% percent of participants were unaware that youth under the age of 18 can be registered as sex offenders, and when informed that they can be, participants were unaware of the breadth of adolescent sexual behavior that warrants registration. Furthermore, those unaware of juvenile registration policies, compared to those who were aware, were marginally more likely to …

Sex Trafficking: The Influence Of Cultures, Socio-Economic Structures And Law & Order On Sex Trade In Asia, Saanya Dua

Political Science Theses and Capstones

Sex trafficking and prostitution are both matters of concern in today’s world. Trafficking of human beings is a global phenomenon and has been a topic of increased discussion and attention. It is believed that the sex trade industry is considered to be the fastest growing criminal industry in the world, currently it is second to drug trafficking in terms of profits through an illegal industry. Several initiatives have been made to prevent trafficking, through significant legislative and other actions provided to aid victims and those vulnerable in the world. However, the lack of systematic research is a big issue. Asia …

Plea Bargaining, Sentence Modifications, And The Real World, Julian A. Cook

Scholarly Works

This article examines the 2011 Supreme Court decision in United States v. Freeman. At issue was whether defendants, such as Freeman, who enter a guilty plea pursuant to a binding plea agreement, are entitled to seek a modification of their sentence when the guideline range applicable to their offense has subsequently been lowered by the United States Sentencing Commission. By a five-to-four vote, the Court found that Freeman was eligible to seek a sentence reduction. However, as the article explains, the concurring and controlling opinion of Justice Sotomayor may ultimately prove to be problematic for criminal defendants generally and for …

The Only Thing That Stops A Guy With A Bad Policy Is A Guy With A Good Policy: An Examination Of The Nra’S “National School Shield” Proposal, Gordon A. Crews, Angela D. Crews, Catherine E. Burton

Criminal Justice Faculty Publications

With the recent tragedy at Sandy Hook Elementary in Newtown, CT, the public and the government are looking for solutions to school violence. The National Rifle Association (NRA), a Second Amendment, pro-gun advocacy group, has proposed an “education and training emergency response program” called The National School Shield, which advocates the placement of armed security in schools. Although the program sounds provocative, serious questions complicate its plausibility, necessity, motive, and effectiveness. Furthermore, the potential policy and practical ramifications of encouraging armed security forces in U.S. schools are complex. The authors examined the proposal’s key elements from a public policy …

American Gangsters: Rico, Criminal Syndicates, And Conspiracy Law As Market Control, Benjamin Levin

Scholarship@WashULaw

In an effort to re-examine legal and political decisions about criminalization and the role of the criminal law in shaping American markets and social institutions, this Article explores the ways in which criminal conspiracy laws in the United States have historically been used to subdue non-state actors and informal markets that threatened the hegemony of the state and formal market. To this end, the Article focuses primarily on the Racketeer Influenced and Corrupt Organizations Act (RICO) as illustrative of broader trends in twentieth century criminal policy. Enacted in 1970, RICO provides criminal sanctions for individuals engaged in unacceptable organized activities …

De-Naturalizing Criminal Law: Of Public Perceptions And Procedural Protections, Benjamin Levin

Scholarship@WashULaw

In this essay, I examine and challenge the rhetorical trope of the guilty going free by emphasizing the institutional and political intricacies that comprise the criminal justice system and necessarily under-gird a determination of “guilt”. My goal, at its essence, is to de-naturalize the criminal law and discussions of the criminal justice system in the context of this symposium. I aim to emphasize that a guilty verdict is the result of a series of (politically-inflected) decisions about how to draft criminal statutes, how to structure a trial, and how to select a jury. De-naturalizing criminal law is, of course, a …