Criminal Law Commons^™

"Data Can Be Manipulated": How Prosecutors' Attitudes Toward Racial Disparities And Data-Informed Decision-Making Diverge, Maria Arndt, Rachel Silverthorn

Qualitative Criminology (QC)

"Research examining prosecutorial decision-making has grown considerably in recent years. Much of this research is focused on assessing unwarranted disparities in case processing outcomes using administrative case data. Comparatively few studies analyze prosecutors' perceptions using qualitative sources. Additionally, little is known about how prosecutors view their role in reducing racial disparities or how they can use data as a decisionmaking aid despite recent innovations in prosecutorial data collection capacity. The current study addresses this dearth of scholarship by analyzing interview data from two midsized Florida State Attorney’s Offices conducted in 2018. Results suggest two main groups of prosecutors: data-positive and …

"They Say Where There’S Smoke, There's Fire; But Sometimes It's A Self-Induced Fire": Understanding Claims Of Unequal Treatment Among Mexican-American Officers In The Los Angeles Police Department, Roberto Gallardo

Qualitative Criminology (QC)

"Serving as an ethnographic case study and utilizing qualitative interviews, this study focuses on Mexican-American police officers and their perceptions of claims of unequal treatment based on race/ethnicity from other officers. The study finds that officers ideologically stand firmly against racism and discrimination. When non-overt claims of unequal treatment based on race/ethnicity are encountered, officers develop negative perceptions of claiming officers. Officers revert to individualized, merit-based, and other colorblind justifications to interpret and dismiss the claims. It is argued that given the lack of the overt nature of most claims today, facilitated by the most common occupational context in which …

You In Or Out?: Reflecting On Positionality In Gang Research, Sou Lee, John Leverso

Qualitative Criminology (QC)

"Positionality is an important consideration when carrying out research. An effective tool for understanding this process is reflexivity—a continual dialogue that explores the interplay between our identities and how data is collected, analyzed, and interpreted. These reflexive accounts have been used in various disciplines, including criminal justice and criminology. In advancing this important practice, we offer insight into our experiences studying a hard-to-reach population: gangs. Specifically, we document how our insider and outsider identities, as well as the space between facilitated access, were used strategically and informed our interpretations of data. We conclude by encouraging reflexivity within criminology broadly and …

Sexual Abuse: A Multi-Faceted Problem, Marcus Venable

LSU Doctoral Dissertations

On average, US citizens have experienced approximately 400,000 sexual assaults per year, which results in enormous immediate and long-term consequences for individuals, as well as society in general.

In the U.S., the principal method of combatting this crime has been the creation of Sex Offender Registries used to notify the public of the identity and location of convicted sex offenders who may be living in proximity to their residence. In addition to the Registry, laws have been passed forbidding convicted sex offenders from residing within buffer zones around areas of high child concentration [schools/parks/etc.].

The efficacy and consequences of these …

Injustice: Parental Betrayal And The Exploitation Of Child Murder In The United States, Isabella Merlini

Honors Scholar Theses

The following serves as an extensive literature review on the phenomena of filicide and familicide–the ultimate forms of parental betrayal–perpetrated within the United States. Subsequently highlighted is the theme that the people who should always take care of and love their children are sometimes also those who demonically arrange for their children’s very deaths, and while parents have the power to bring children into this world, they do not have the right to remove children from it. An overview of the unique perpetrations, victimologies, psychopathologies, and motivations that contribute to the classifications of filicide and familicide are further provided. Six …

Dazed & Confused... And... Psychotic?, Judy Ann Clausen, Joanmarie I. Davoli, Benjamin W. Lacy Md

UF Law Faculty Publications

This Article examines marijuana’s impact on developing brains. Secondly, this Article explores the Green Rush – the rise of the multibillion-dollar marijuana industry and the media and legal environment that unleashed massive marijuana commercialization. The Article compares decriminalization with commercialization, illustrating that it is possible to address social justice concerns of arrests, incarceration, and criminal records for marijuana use without unleashing a multibillion-dollar industry that markets to youth. The Article concludes by exploring approaches from Australia, the United Kingdom, and Sweden, all of which continue to criminalize marijuana, in part because they have observed the U.S. Green Rush and its …

Seeking Sanctuary: An Analysis Of U Visa Policies In Omaha, Nebraska And Their Impact On Immigrant Communities, Emma Ehmke

Theses/Capstones/Creative Projects

Since 2000, immigrants have been eligible for U visa status if they are a victim of a particular crime and assist law enforcement in criminal investigations. However, challenges arise for numerous reasons with the I-918 Supplement B form, which must be signed by an agency certifier within law enforcement or an attorney’s office. This study examines the policies of six law enforcement agencies and attorney’s offices in the Omaha Metro Area through semi-structured interviews to understand their approach to U visas and the characteristics of successful applications. The study aims to uncover variations in agency procedures and understandings and the …

Silencing And Surveillance: The Struggle Of Same-Sex Desire In The Shadow Of The 20th-Century Police State, Ethan Dunn

Honors Program: Senior Projects (Public)

This paper investigates the intersection of social perceptions of vice and gender norms in shaping the policing of sexual orientation and sexuality during the turn of the twentieth century. Employing a legal analysis rooted in the law and society movement and critical legal studies, this study examines how social anxieties surrounding vice and vice crimes prompted swift legislative measures at both federal and state levels, resulting in statutes characterized by broad language that granted extensive discretion to law enforcement officials and judges. The emergence of morals and vice police squads further intensified the targeting of individuals who deviated from prevailing …

Putting A Slam On Alcohol Violators Through Dram- How The State Of Ohio Can Improve The Day-To-Day Safety Of Its Residents Through Dram Laws, Steven Iwanek

Honors Projects

In the realm of legal frameworks governing the service and consumption of alcohol, Dram Shop Liability Laws play a pivotal role in holding establishments accountable for the consequences of alcohol-related incidents. These laws, known as dram laws, vary across states, delineating the responsibilities of alcohol servers and establishments in preventing the overconsumption of alcohol and the resultant harm. This examination delves into a comprehensive background of dram laws, particularly focusing on their historical evolution, their present implications, and the imperative need for refinement.

As societal dynamics and patterns of alcohol consumption evolve, so too must the legislative mechanisms designed to …

"They Just Needed To Be Given The Opportunity": Judicial Perspectives Of Drug/Dui Courts In South Dakota, Ryleigh A. Christopherson

Honors Thesis

Drug/DUI courts have existed in the state of South Dakota since 2007 when the state became the last to implement a drug/DUI court program. Currently, South Dakota has 17 problem-solving courts which include drug, DUI, mental health, and veterans courts. The drug/DUI court model works to circumvent participants out of the criminal justice system by targeting the root cause of their criminal behavior. The role of the judge in this model is essential. Previous research has found that how participants view the quality of their interactions with the presiding judge is one of the most influential factors for their success …

Profiling Cybercriminals: Behavioral Analysis And Motivations Behind Cybercrime Activities, A'Shya Latrice Reynolds

Cybersecurity Undergraduate Research Showcase

The study of cybercriminal behavior and motivations is crucial for understanding and combating the evolving landscape of digital crime. This paper delves into the intricate realm of cybercrime profiling, employing a multidisciplinary approach to dissect the behavioral patterns and underlying motivations of cybercriminals. Drawing from psychology, sociology, and criminology, the research examines the intricate interplay of individual traits, social dynamics, and technological factors that shape cybercriminal activities.

Through analysis of case studies and research, this paper uncovers the diverse range of motivations driving individuals towards engaging in cybercrime. From financial gain and ideological extremism to thrill-seeking and revenge, cybercriminals exhibit …

Global Strategies For Addressing Communication Disorders In Justice-Involved Youth, Sophia Martinez, Anne Marie Perrotti, Brooke Baker, Allison Chappell

Undergraduate Research Symposium

Throughout all stages of processing, most juveniles who encounter the justice system demonstrate cognitive-communicative difficulties (CCDs). Empirical evidence reveals that 19-22% of female and 28-38% of male youth offenders, culminating in approximately 50-60% of youth offenders, demonstrate language disorders that require intervention, but most have never received services (Snow et al., 2014; Winstanley et al., 2021). Speech-language pathologists (SLPs) are communication experts certified to assess and treat CCDs. While nations abroad recognize the value of SLP involvement in all stages of processing for justice-involved youth (JIY), America lags in utilizing SLPs to improve JIY outcomes and lower youth's risk of …

Searching Govinfo.Gov/, Bert Chapman

Libraries Faculty and Staff Presentations

This U.S. Government Publishing Office (GPO) database provides access to information legal, legislative, and regulatory information produced on multiple subjects by the U.S. Government. Content includes congressional bills, congressional committee hearings and prints (studies), reports on legislation, the text of laws, regulations, and executive orders and multiple U.S. Government information resources covering subjects from accounting to zoology.

"Can I Get Some Harder Work?": Former Juvenile Offenders Narrated Educational Experiences In Juvenile Correctional Facilities, Deneil D. Christian, Joshua L. Adams, Carl M. Miedich

Qualitative Criminology (QC)

Adolescents in the juvenile justice system have a right to comparable education as their peers in public school settings. Interestingly, the existing literature indicates that this is not always the case. This study explored the experience of earning a high school diploma or equivalent in a juvenile correctional facility in Pennsylvania. We framed our study within Bandura’s social cognitive theory. This study was guided by the following research question: How do former youth offenders describe their experiences obtaining a high school diploma or equivalent in a juvenile correctional facility in Pennsylvania? This qualitative study employed a hermeneutic phenomenology research design. …

Information Trolls And Democracy: A Qualitative Examination Of Disinformation Campaigns In Canada, Rachelle Louden, Richard Frank

Qualitative Criminology (QC)

This research explores disinformation delivered during the 2019 Canadian Federal election. This study explores the methods and techniques used by the perpetrators of disinformation campaigns in the context of Canadian elections. This research also examines whether the disinformation discovered during the election falls within criminal foreign interference. Critical discourse analysis is used to qualitatively analyze 26 articles published by a Northeastern U.S. based independent news website within the ten months leading up to the election. This research finds that the use of unnamed sources, hyperbolic statements to misrepresent facts, and strategies to de-legitimize reputable institutions were the most common tools …

Thoughts Beyond Stigma-Implications For Change Reflected In The Voices Of Previously Incarcerated Citizens, Amy Frankel, Elizabeth Depoy

Qualitative Criminology (QC)

State and federal prisons release more than six hundred thousand people annually, with nearly 95% of those returning to the communities in which they resided before incarceration, albeit frequently with discomfort and marginalization, largely due to stigma (Alexander, 2020, Park & Tietjen, 2021). Programs to foster reintegration exist in almost every locale, yet recidivism remains due to many factors. Stigma has received much attention as a cause of failure for successful reentry and acclimation (Park & Tietjen, 2021). With the surge of interest and empirical study of stigma as a barrier, the voices of returning citizens can further enhance significant …

I Had Nowhere To Go: Disenfranchised Grief And Support Groups For Families Of Incarcerated Individuals, Allegra Pocinki

Qualitative Criminology (QC)

Almost two million Americans are incarcerated in state and federal prisons, juvenile corrections facilities, and local jails. While many studies have examined the impact of mass incarceration on the daily lives of wives, female partners, and children, little is known about support groups for families of incarcerated loved ones. Throughout 2021, I conducted virtual interviews with 13 respondents across the United States who created support groups for families of incarcerated individuals or are executive leaders in these organizations. I find that support groups provide space for families to grieve without judgment, can help re-frame the grief experience and provide tools …

Guns On Campus: The Impact Of Campus Carry On Student Behavior And Emotions, Inara Ramazanova, Terressa Benz, Joseph Deangelis

Qualitative Criminology (QC)

Most research on campus carry uses a quantitative approach to measure attitudes towards campus carry policies, existing or pending. Using focus group data, this paper examines self-reported impacts on behavior and emotional responses to a three-year-old campus carry law at one university in the rural west. We explore whether guns on campus impacted student-reported behavior in the classroom or on campus. Student responses were entered into qualitative analysis software, where data was categorized according to themes. The two most prominent themes were that students reported no impact on their behavior on campus while also expressing anxiety over the lack of …

Pathways To Freedom: The Evolution Of The Parole Process For Youth Lifers In California, Laura S. Abrams, Kaylyn C. Canlione, Leah Ouellet, Audrey I. Melillo

Qualitative Criminology (QC)

This paper explores the evolution of resentencing/parole mechanisms for youth lifers in California through the lens of lived experience. We use a case study approach with a triangulation of data sources, including qualitative interviews, parole hearing transcripts, and state legislation. For three purposively selected cases, we analyze the emotional experience of seeking resentencing/parole and analyze how the parole board determined suitability for release based on standard parole factors as well as “youth-specific” mitigation considerations. In all three cases, the parole board leaned heavily on standard parole factors such as demonstration of remorse and insight, compliant prison behavior, and participation in …

“He’S In Jail Now And I Don’T Feel Bad”: Analyzing Sureties’ Decisions To Report Bail Violations, Rachel Schumann, Carolyn Yule

International Journal on Responsibility

The control, supervision, and rehabilitation of criminalized people often falls on the shoulders of non-state agents and organizations. Surety bail releases are a clear embodiment of this trend, as the courts call upon relatives, friends, and employers to supervise the pre-conviction activity of people accused of a crime. According to the law, sureties must report all bail violations to the police; the resulting diffusion of responsibility is said to increase the penal state’s power and control over criminal justice-involved individuals while minimizing reputational risks. Yet how sureties carry out this role in the community remains unexplored. Using data from 36 …

Boiling Behind Bars: Exploring The Hidden Toll Of Extreme Heat On Mental Health In Texas Prisons, Sandra K. Miller

Social Work Theses - Archive

The State of Texas supports the largest prison system in the US and held 132,859 people in 100 units scattered across the state as of December 2023. Approximately 70% of Texas prison beds are not air conditioned, despite the state’s reputation for dangerously hot, humid summers. The State has officially recorded temperatures inside Texas prison facilities as high as 120 degrees with heat index values of over 150. Although there is a growing body of research on the negative physiological and psychological consequences of extreme heat among the general public, little is known about the physical and emotional toll of …

What Are We Waiting For? A Collection Of Poems And Essays About Family, Love, Loss, Time, And Hope, Right/Write To Heal, Skye Adams, D W, N L, D G, Jillian Foley, Madison Burke, Erica King, Becky Wurwarg

Justice Policy

This anthology is a collaboration with the Opportunity Scholars project and the Right/Write to Heal Initiative. The collection tells the stories of women and their families who have been impacted by incarceration in Maine and New York, the pathways that brought them to justice system involvement, and what inspires them to remain hopeful. These stories of family, love, loss, time, and hope were written by residents at the Southern Maine Women’s Reentry Center and the Women’s Center at the Maine Correctional Center, and partners from New York who participated in a weekly creative writing project together. The authors and editors …

Liberty, Safety, And Misdemeanor Bail, Brandon L. Garrett, Sandra Guerra Thompson, Dottie Carmichael, David Shi, Songman Kang

Faculty Scholarship

The highest volume of cases in the U.S. criminal system are misdemeanors, and every day, hundreds of thousands of people are detained pretrial in such low-level cases. In policy and in politics, pretrial rules have swung between a focus on protecting constitutional rights and the public safety dangers posed by releasing arrestees. The Supreme Court’s ruling in United States v. Salerno sought to promote a balance between protecting individual due process rights and public safety interests. A central constitutional and pressing policy question is what trade-off exists between pretrial liberty and reoffending. The highest profile jurisdiction to examine that question …

Redistributing Justice, Benjamin Levin, Kate Levine

Scholarship@WashULaw

This article surfaces an obstacle to decarceration hiding in plain sight: progressives’ continued support for the carceral system. Despite increasingly prevalent critiques of criminal law from progressives, there hardly is a consensus on the left in opposition to the carceral state. Many left-leaning academics and activists who may critique the criminal system writ large remain enthusiastic about criminal law in certain areas—often areas where defendants are imagined as powerful and victims as particularly vulnerable. In this article, we offer a novel theory for what animates the seemingly conflicted attitude among progressives toward criminal punishment—the hope that the criminal system can …

Exploring The Factors That Influence Female Offending In The U.S. And Mexico, Dana Villasenor

CMC Senior Theses

Hollywood has painted a picture of the criminal woman as a sexy, sneaky, and often psychotic female fatale. This is because men run Hollywood. Much like movies, research on why women offend had historically focused on men as their stellar. However, towards the turn of the century and with the disproportionate rise in female incarceration, literature caught up to the fact that women and men do not experience the same socialization, standards, or reality and, therefore, have different reasons for and ways of offending. This research explores those reasons for women in the U.S. and Mexico and paints the picture …

Comparative Analysis Of Prosecutor-Led Diversion Programs: Insights To Japan’S Suspension Of Prosecution For Recidivism Prevention, Mio Hagino

LL.M. Essays & Theses

Around 60% of all crimes in Japan are committed by repeat offenders, and therefore preventing recidivism is a central concern in Japan. Recognizing the importance of early intervention, some prosecutors’ offices collaborate with social workers and provide necessary measures for recidivism prevention when prosecution is suspended. To promote prosecutor-led recidivism prevention, there is an ongoing discussion to legislate the approach currently taken by prosecutors’ offices. However, concerns remain about procedural fairness, transparency of prosecutorial discretion, and collaboration with other agencies. In the United States, prosecutor-led diversion programs are adopted in many states, with ongoing research on their effectiveness and challenges. …

Navigating Sexual Consent In Japan, Samara Mizutani Cesar

Graduate Theses/Dissertations

Employing an exploratory sequential research design, including focus groups and an online survey, this thesis explores the factors influencing how Japanese people navigate the gray zones of sexual consent. This study not only addresses gaps in the literature on sexual consent but also provides a preliminary understanding of Japanese individuals’ perceptions, beliefs, behaviors, and experiences in ambiguous sexual interactions, which is particularly meaningful given Japan’s recent legal revisions and changing sociocultural landscape. Findings indicated the impact of traditional sexual scripts on consent perceptions, with gender and relationship norms contributing to the dismissal of sexual assaults within specific relationships. It was …

Introduction To The Symposium On Digital Evidence, Melissa (M.J.) Durkee, Tamar Megiddo

Scholarship@WashULaw

The past few decades have seen radical advances in the availability and use of digital evidence in multiple areas of international law. Witnesses snap cellphone photos of unfolding atrocities and post them online, while others share updates in real time through messaging apps. Immigration officers search cell phones. Private citizens launch open-source online investigations. Investigators scrape social media posts. Digital experts verify authenticity with satellite geolocation. These new types of evidence and digitally facilitated methods and patterns of evidence gathering and analysis are revolutionizing the everyday practice of international law, drawing in an ever-wider circle of actors who can contribute …

Criminal Law Minimalisms, Benjamin Levin

Scholarship@WashULaw

What is criminal law minimalism? At first blush, it appears to be the sober and sensible cousin of abolition. Where the language of abolition is radical and absolute, the language of minimalism speaks to moderation, pragmatism, and nuance. While I appreciate calls for nuance, I’m not sure that minimalism offers the clarity it promises or answers the hard questions about how to address the ills of the U.S. criminal system.

As a theory or label, minimalism raises two major questions: (1) a question of scope; and (2) a question of scale. On the question of scope, what exactly should be …

The Brady Database, Brandon L. Garrett, Adam M. Gershowitz, Jennifer Teitcher

Faculty Scholarship

The Supreme Court’s landmark ruling in Brady v. Maryland turns sixty this year. The Brady doctrine, which requires the government to disclose favorable and material evidence to the defendant, is one of the most frequently litigated criminal procedure issues. Yet, despite decades of Brady cases in federal and state courts, we still know relatively little about how Brady claims are litigated, adjudicated, and what such claims can tell us about the criminal justice system writ large. Scholars are in the dark about how often Brady violations occur, whether it is primarily the fault of prosecutors or the police, whether violations …