Open Access. Powered by Scholars. Published by Universities.®

Criminal Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Social and Behavioral Sciences

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 1 - 30 of 7840

Full-Text Articles in Criminal Law

Are Individual Mental Health Issues Treated Fairly By The Criminal Justice System?, Taylor Anderson Aug 2026

Are Individual Mental Health Issues Treated Fairly By The Criminal Justice System?, Taylor Anderson

Master of Arts in Human Services

The intersection of mental health and the criminal justice system is a critical area of inquiry that highlights the complexities of addressing psychological disorders within our legal frameworks. This paper explores the prevalence of mental health issues among incarcerated individuals and examines how systemic deficiencies contribute to a cycle of recidivism and inadequate treatment. By analyzing the existing literature, the research aims to illuminate the pressing need for a reform in the handling of mentally ill offenders, advocating for a shift towards more rehabilitative approaches rather than punitive measures. The implications of those findings extend beyond individual cases to societal …


When Childcare Becomes A Crime Space In Contemporary Indonesia, Isyana Kurniasari Konoras, Dr. Dra. Vinita Susanti, M.Si Aug 2026

When Childcare Becomes A Crime Space In Contemporary Indonesia, Isyana Kurniasari Konoras, Dr. Dra. Vinita Susanti, M.Si

Jurnal Kriminologi Indonesia

Abstract. The increasing incidence of violence against children in daycare institutions reflects a structural crisis in contemporary child protection systems. This study examines the violence case at Little Aresha Daycare in Yogyakarta to identify the criminogenic factors underlying abuse in institutional childcare settings. The research applies a normative-empirical qualitative method through media-based case studies, legal analysis, and criminological interpretation. The findings demonstrate that violence emerged from the convergence of three major factors: structural strain experienced by caregivers, weak capable guardianship within daycare institutions, and the normalization of abusive disciplinary practices. Robert K. Merton’s Strain Theory explains how economic and occupational …


The Nature Of Human Trafficking Enterprises: Analysis Of U.S. And International Prosecutions--And The Path Forward, Jay Albanese Aug 2026

The Nature Of Human Trafficking Enterprises: Analysis Of U.S. And International Prosecutions--And The Path Forward, Jay Albanese

Dignity: A Journal of Analysis of Exploitation and Violence

The primary objective of this research is to develop a description and typology of the nature of serious cases of human trafficking and how traffickers, their victims, and consumers (the demand) overlap and interact across locations. This study examines known human trafficking enterprises for which sufficient evidence has been obtained to result in prosecution. These are also serious cases because US federal and international prosecutions result when the offenses are interstate or international in scope. Using a sample of US cases prosecuted over three calendar years (2021-2024), combined with an international sample of cases, an effort is made to develop …


Disrupting The Bonded Economy Of Sex Buying, Sex Trafficking, And Organised Crime Through Policy Change, Dellene Clark Aug 2026

Disrupting The Bonded Economy Of Sex Buying, Sex Trafficking, And Organised Crime Through Policy Change, Dellene Clark

Dignity: A Journal of Analysis of Exploitation and Violence

Emerging criminological research underscores how the economic drivers of trafficking for sexual exploitation reinforce organised criminal markets while reproducing the structural vulnerabilities of those in prostitution. Using South Africa as a case study, this article argues that evidence-based legislative reform is necessary to confront the systemic conditions that enable exploitation. It contends that achieving substantive equality requires recognising the criminogenic role of sex‑buyer demand in sustaining trafficking pipelines and criminal profitability. The Swedish/Nordic demand‑reduction model illustrates how asymmetrical criminalisation can suppress demand, reduce reliance on trafficked persons, and diminish the financial incentives that underpin organised crime. Such an approach reorients …


Impunity: A Case Study Of Sex Trafficking In Nevada Brothel Prostitution, Christen Price Aug 2026

Impunity: A Case Study Of Sex Trafficking In Nevada Brothel Prostitution, Christen Price

Dignity: A Journal of Analysis of Exploitation and Violence

It is well-documented that legalization and other forms of official protection for prostitution lead to an increase in sex trafficking, including by encouraging demand for prostitution. This paper will consider the relationship between official protection, organized crime, and sex trafficking in pro-prostitution legal regimes, both historical and contemporary. Prostitution is legal in rural counties in Nevada that have fewer than 700,000 residents, if prostitution occurs within a brothel. There is significant overlap between sex trafficking and legal brothel prostitution in Nevada, as well as a nexus to corruption and organized crime, illustrating the normalization of coercion that occurs within legalized …


Sex Buying, Sex Trafficking, And Organized Crime: Introduction To A Special Issue, Marcel Van Der Watt, John A. Winterdyk Aug 2026

Sex Buying, Sex Trafficking, And Organized Crime: Introduction To A Special Issue, Marcel Van Der Watt, John A. Winterdyk

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.


The Confluence Of Conflict-Induced Vulnerability, Organized Crime, And Sex Trafficking In Receiving States: A South African Civil Society Perspective, Monique Emser Aug 2026

The Confluence Of Conflict-Induced Vulnerability, Organized Crime, And Sex Trafficking In Receiving States: A South African Civil Society Perspective, Monique Emser

Dignity: A Journal of Analysis of Exploitation and Violence

The crime-conflict nexus has been well-documented in conflict-affected and post-conflict states. Criminal networks make use of manifold methods and strategies to exploit individual and structural vulnerabilities, particularly those affected by war, displacement, and precarious migration journeys, forming the backbone of most conflict-induced trafficking ecosystems, whether in countries of origin, transit, or receipt. This article examines the intersection of sex trafficking, diaspora communities, and organized crime within South Africa as a receiving state from a civil society perspective. It underscores the deficiencies in traditional, reductionist, enforcement-based approaches to counter-trafficking by the state, where nested subsystems, such as those produced by endemic …


Behind The Screen: Online Sex Buyer Networks And The Organized Criminal Promotion Of Exploitation, Ava Kamdem, Vanessa Bouché, Ben Silver, Nick Freeman, Justin Euteneier Aug 2026

Behind The Screen: Online Sex Buyer Networks And The Organized Criminal Promotion Of Exploitation, Ava Kamdem, Vanessa Bouché, Ben Silver, Nick Freeman, Justin Euteneier

Dignity: A Journal of Analysis of Exploitation and Violence

This study investigates the extent to which online sex buyer communities in the United States function as organized criminal networks pursuant to the United Nations Convention against Transnational Organized Crime’s definition of organized criminal groups. Drawing from theories of organized crime, social network analysis, and digital ecosystems, we conceptualize sex buyers not as isolated actors but as participants in coordinated, mutually reinforcing networks that share information to facilitate exploitation, mitigate risk, and sustain criminal behavior. To test this framework, we scraped over 1.2 million posts from a publicly accessible sex buyer forum, comprising 72,974 unique users and nearly 800,000 direct …


Stop Blaming My Users: Illumination Of The Technocentric Mythos Bias, Ervin H. Frenzel, Richard Lightcap Jul 2026

Stop Blaming My Users: Illumination Of The Technocentric Mythos Bias, Ervin H. Frenzel, Richard Lightcap

Journal of Cybersecurity Education, Research and Practice

 Abstract -This conceptual essay addresses the need for systemic and systematic transdisciplinary analytical techniques within cybersecurity and technical security. This conceptual essay is contingent upon recognition that cybersecurity is not simply technical in nature, it does not need an adversary, and more importantly it is based upon systems engineering and systems thinking.  The essay contributes a socio-technical attribution chain and field-specific ontology/taxonomy which distinguish user-triggered events from root causes, latent conditions, technical debt, validation failures, governance failures, and attribution bias before assigning responsibility to end users. It systematically defines an ontology inclusive of developer technical debt, organizational debt arising from …


Bloomington Community Brain Health Services Program: The Intersection Of Law Enforcement And Brain Health, Janet Yeats, Luke Campbell, Booker Hodges Jul 2026

Bloomington Community Brain Health Services Program: The Intersection Of Law Enforcement And Brain Health, Janet Yeats, Luke Campbell, Booker Hodges

Forensic Scholars Today

In 2023, the Bloomington Police Department launched the Bloomington Community Brain Health Services (BCBHS) program in response to increasing mental health crises, provider shortages, long wait times for services, and rising law enforcement involvement in crisis calls. The Bloomington Model integrates licensed therapists and supervised graduate-level interns directly within a police department structure. The program aims to reduce mental health-related calls, stabilize residents experiencing crisis, and eliminate cost barriers by offering up to 15 sessions of free, short-term therapy delivered in homes, schools, virtual settings, and community spaces.

This article outlines the program’s development, implementation, and early outcomes, highlighting key …


Perceptions Of Legitimacy In Three Forms Of Probation Supervision For People With Serious Mental Illness, Sophia Sarantakos, Emily Claypool Jun 2026

Perceptions Of Legitimacy In Three Forms Of Probation Supervision For People With Serious Mental Illness, Sophia Sarantakos, Emily Claypool

Qualitative Criminology (QC)

"In the context of criminal-legal community supervision, standard and specialized probation officers are often tasked with coordinating services for adults diagnosed with serious mental illness (SMI) on their caseloads. The coordination of services varies across different programs including traditional probation, specialty probation, and mental health court. Given the proliferation of programs focused on mental health in the criminal-legal system, the perspectives of front-line workers or street-level bureaucrats in criminal-legal agencies are a rich source of information about what is happening on the ground and could provide insights into the potential translational barriers of policy to practice. A deeper examination of …


From Acrimony To Forgiveness: How Adolescents Make Sense Of Childhood Maltreatment, Katherine Irwin Jun 2026

From Acrimony To Forgiveness: How Adolescents Make Sense Of Childhood Maltreatment, Katherine Irwin

Qualitative Criminology (QC)

"This paper examines 16 adolescents’ narratives about the abuse they experienced during childhood. To date, most research examining child abuse (CA) survivorship and recovery has been conducted with adults who look back on their early experiences. Consequently, this study fills gaps in our knowledge by offering a youth-centered view of survivors’ efforts to cope with CA. The data come from a 12-year qualitative study of a group counseling program for high school students in Hawaiʻi. The findings revealed that a minority (n = 2) of the teens had negative views of their lives and futures, while the majority (n = …


A Content Analysis Of The Sutherland Address, 2001-22: A Qualitative Exploration, Phillip Shon Jun 2026

A Content Analysis Of The Sutherland Address, 2001-22: A Qualitative Exploration, Phillip Shon

Qualitative Criminology (QC)

"Previous indicators of scholarly influence have been primarily quantitative, measuring a scholar’s influence through citation counts. This body of literature has overlooked the reflections of distinguished scholars, such as the recipients of the Sutherland Award, in the discipline as a form of scholarly influence. The current paper examines the Sutherland Address from 2001 to 2022. The key findings indicate that the majority of Sutherland Addresses reproduced existing sociological canons, while a minority of Sutherland Award winners explicitly rejected Sutherland’s sociological assumptions and their influence on criminology. Such findings suggest that Sutherland exerts a hidden influence on the recipients of the …


A Qualitative Analysis Of Gender Inequality In Southeast Missouri Law Enforcement Agencies, Madeline Marie Whistler, Christopher Bradley, H. Hamner Hill Jun 2026

A Qualitative Analysis Of Gender Inequality In Southeast Missouri Law Enforcement Agencies, Madeline Marie Whistler, Christopher Bradley, H. Hamner Hill

Qualitative Criminology (QC)

"Does gender inequality impact the careers of female law enforcement officers in the Southeast Missouri region? Using a qualitative single instrumental case study, seven cis-gendered female law enforcement officers who were employed at local law enforcement agencies within the Southeast Missouri region were interviewed to investigate the central research question. Four themes emerged from the data that illustrated their experiences: sexual exploitation and harassment, a lack of work-life balance, the presence of gender stereotypes, and patriarchal hierarchy and male dominance in the workplace. The findings suggest that the experiences of female law enforcement officers are heavily impacted by the behavior …


A Plea For Open Access To Qualitative Criminology: With A Python Script For Anonymizing Data And Illustrative Analysis Of Error Rates, Scott Jaques, Andrew Wheeler Jun 2026

A Plea For Open Access To Qualitative Criminology: With A Python Script For Anonymizing Data And Illustrative Analysis Of Error Rates, Scott Jaques, Andrew Wheeler

Qualitative Criminology (QC)

"Qualitative researchers are expected, sometimes required, to publish their data open access (OA). This is for the sake of science, impact, and social justice. Yet, understandably, qualitative criminologists are worried about what this means for their workload and their ability to protect subjects’ confidentiality. To be solutions-oriented, we developed an open-source Python script for anonymizing qualitative data. It uses named-entity recognition and fuzzy-rule based merging to identify and replace personally identifiable information (PII) with unique pseudonyms. This tool doesn’t eliminate the need for manual work, but it reduces the cost and associated risk. In this article, we describe and explain …


The Unspoken And The Unseen: An Analysis Of Victim Gender And Linguistic Framing Of Sexual Assault In Judicial Discourse, Sarnika Ali Jun 2026

The Unspoken And The Unseen: An Analysis Of Victim Gender And Linguistic Framing Of Sexual Assault In Judicial Discourse, Sarnika Ali

Quantitative Social Science Undergraduate Senior Theses

Sexual assault is a profound legal and social crisis. However, it is also fundamentally a linguistic one. The words used, or conspicuously not used, to describe victims, perpetrators, and their actions are not neutral arbiters of fact. They are powerful mechanisms that shape perceptions of harm, attributions of blame, and assignments of credibility. The central battleground for survivors is credibility, and while a “credibility discount” is often applied to female victims, the male victim is rendered nearly invisible. This research is therefore guided by one central, overarching question: how does a sexual assault victim’s gender influence the judicial language used, …


A Systematic Review Of Restorative Justice In Criminal Contexts, Sigifredo Castell Britton Jun 2026

A Systematic Review Of Restorative Justice In Criminal Contexts, Sigifredo Castell Britton

Journal of Social, Behavioral, and Health Sciences

Restorative justice has gained growing attention within criminal justice reform as a practical alternative to approaches centered only on punishment. It emphasizes accountability, dialogue, and community reintegration, offering a different way to understand how change in behavior takes place. This systematic review examined quantitative evidence from 34 studies, selected from an initial pool of 112 records identified through databases such as Google Scholar, ProQuest, JSTOR, and institutional repositories. The studies assessed a range of interventions, including victim-offender mediation, diversion programs, community conferencing, and in-prison initiatives, which allowed comparison across different settings and populations. Across these studies, 79.4% reported statistically significant …


The Three (3) Eras Of Compstat, Through Cultural Change. Lessons From The Past, Present And Future, Kevin Brown Jun 2026

The Three (3) Eras Of Compstat, Through Cultural Change. Lessons From The Past, Present And Future, Kevin Brown

Student Theses

Abstract

Using data and information from respondent surveys of current and former NYPD police executives, this study examines the cultural change, impact, and effectiveness of the NYPD’s CompStat system from the perspective of superior officers who have participated in it since its inception. CompStat was introduced in 1994 by NYPD, Police Commissioner, William Bratton.  Achieving cultural change in any police organization can be a monumental task, requiring CompStat’s transformational methods of data-driven accountability and four core principles that are aligned with organizational transformation evidence: timely intelligence, rapid deployment, effective tactics, and relentless follow-up.  This research explores how these principles have …


Making Noise Through Law: Indigenous Legal Mobilisation Against A Power Plant In “French” Guiana, Pierre Auzerau May 2026

Making Noise Through Law: Indigenous Legal Mobilisation Against A Power Plant In “French” Guiana, Pierre Auzerau

Tipití: Journal of the Society for the Anthropology of Lowland South America

In so-called “French” Guiana, or Guyane, the Kali’na village of Atopo Wipi has fought for years against a hydrogen power plant being built on their land. Drawing on ethnographic fieldwork conducted between 2023 and 2024 in Guyane and Western Europe, where I collaborated with various stakeholders to support Atopo Wipi’s resistance to the power plant, my research focuses on the legal dimensions of the Kali’na’s struggle to protect their land. Specifically, this article examines how the Kali’na navigated different normative frameworks, including international human rights standards and French law, to fight the project. Through this analysis, I show how the …


“I Have A Voice”: Bridging The Communication And Sensemaking Gap Between Restorative Justice Practice And Program Implementation, Stefan Cocorelis May 2026

“I Have A Voice”: Bridging The Communication And Sensemaking Gap Between Restorative Justice Practice And Program Implementation, Stefan Cocorelis

Dissertations

Restorative justice (RJ), a philosophy, practice, and movement inspired by local, largely Indigenous traditions, has increasingly been introduced in modern criminal justice systems as an alternative process to more comprehensively address harmful incidents, heal harms, and meet victim’s needs. While RJ implementation growth is encouraging for its advocates, there remain significant questions around formalized RJ practice. Specifically, little is known about the decision-making process in implementing and administering RJ programming within criminal justice. This dissertation aimed to contribute to the understanding of RJ practice and implementation efforts within criminal justice systems by putting emphasis on practitioners already working directly in …


Hammurabi’S Laws: Ancient Traditions Of Violence, Aaron Secrist May 2026

Hammurabi’S Laws: Ancient Traditions Of Violence, Aaron Secrist

The Confluence

The tradition of enforcing private property through violence is truly ancient, and goes back thousands of years to the first civilizations. There exists a prevailing attitude that contemporary culture is more “civilized” than the first organized societies – and while it’s true in some ways, our laws are still remarkably similar to those practiced in antiquity. In the following essay, I analyze the Law Code of Hammurabi and examine its parallels to the way laws function today. First, I will provide context for the technological advances that made the first city-states possible, then give a cultural and economic overview of …


Streamlining Client Information For Post-Conviction Relief In Monterey County, Selena Lopez Arizmendi May 2026

Streamlining Client Information For Post-Conviction Relief In Monterey County, Selena Lopez Arizmendi

Capstone Projects and Master's Theses

This capstone project addresses barriers to record clearing services that impact recidivism and reentry outcomes in California. Individuals with criminal records often face challenges in securing employment, housing, and stability, increasing the likelihood of continued justice system involvement. The Clean Slate Program at the Monterey County Public Defender’s Office provides post-conviction relief services to help reduce these barriers. Although Proposition 47 funding ended in February 2026, program services have continued. This project identified a need for a standardized, client-friendly informational resource, as key information has historically been communicated verbally, limiting understanding and retention. To address this gap, a concise Clean …


Men’S Courts Or Women’S Laws? Domestic Violence, Men’S Rights Activism, And The Specter Of False Cases, Arushi Gupta May 2026

Men’S Courts Or Women’S Laws? Domestic Violence, Men’S Rights Activism, And The Specter Of False Cases, Arushi Gupta

LL.M. Essays & Theses

In the late 1970s and early 1980s, Indian newspapers and magazines began reporting stories of domestic abuse in matrimonial homes ranging from women subjected to dowry demands, beatings, everyday mistreatment, financial control, expulsion from the home, and even being burnt to death. Feminists recognized this as an urgent issue to respond to as these reports highlighted that domestic violence is endemic. Everybody knew a victim. Their own mothers, sisters, friends and, in some cases, they themselves were facing violence within marriage. The lobbying of women’s groups helped prompt the passage of Section 498A in 1983, which criminalized cruelty against women …


In The Shadow Of Justice: How The Mythos Of The Batman Balances Major Ethical Theories In His Pursuit Of Ideal Justice, Camille Bewley Apr 2026

In The Shadow Of Justice: How The Mythos Of The Batman Balances Major Ethical Theories In His Pursuit Of Ideal Justice, Camille Bewley

Ex Sapientia Loqui

For more than eighty years, the Batman character has exhibited a unique synthesis of major theories of Justice, and through his experiences as a vigilante, exemplified the pursuit of the ideal virtue of Justice. Because virtue requires a lived example to be understood, Batman is one of the foundational stories fulfilling this need for one of collective society’s prominent pillars. Within the horror of Gotham City–a hyperbolic, fictional representation of urban corruption–Batman’s actions as a vigilante, walking a tightrope to maintain morality even above the law might not only be justified, but necessary. The Batman’s nature, balancing ethical theories and …


Ai's Double Edged Sword: Fighting Against Synthetic Csam, Shekhinah Adra Green Apr 2026

Ai's Double Edged Sword: Fighting Against Synthetic Csam, Shekhinah Adra Green

Cybersecurity Undergraduate Research Showcase

The rapid advancements in generative artificial intelligence has introduced new challenges in the production and distribution of synthetic child sexual abuse material (CSAM). AI has the capabilities of creating highly realistic imagery and videos, which  raises serious legal and ethical concerns, increasing the risk of harm, exploitation, and revictimization.

This paper discusses the legal improvements needed in order to lower the change of legal loopholes, how digital forensic analyst use advanced tools to identify and investigate synthetic material, and different methods to start the reduction of synthetic CSAM.


Art Battle: Perceptions Of Criminality In Rap Vs. Stand-Up Comedy, Abiodun A. Akinseye, Fabiana Alceste, Ashley N. Peters Apr 2026

Art Battle: Perceptions Of Criminality In Rap Vs. Stand-Up Comedy, Abiodun A. Akinseye, Fabiana Alceste, Ashley N. Peters

Midwest Social Sciences Journal

Applied research on perceptions of rap music shows that it is viewed more negatively than other musical genres, such as rock or country (e.g., Dunbar et al., 2016). This is in part due to associations between rap and Blackness, including stereotypes about Black people in general and about rappers specifically (e.g., Reyna et al., 2009). In the United States, prosecutors will sometimes present a rapper’s lyrics as a form of confessionary evidence in the courtroom (e.g., State of New Jersey v. Vonte Skinner, 2012). The practice of using art as criminal evidence appears to be unique to the musical genre …


How Gender Impacts Mock Jurors’ Receptiveness To Aggravating And Mitigating Evidence In Capital Trials, Jolie E. Parker Apr 2026

How Gender Impacts Mock Jurors’ Receptiveness To Aggravating And Mitigating Evidence In Capital Trials, Jolie E. Parker

Undergraduate Theses

This study examines how gender influences mock jurors’ receptiveness to aggravating and mitigating evidence in capital trials. Drawing on prior research that highlights the critical role of mitigation in reducing death sentences and persistent gender differences in death penalty attitudes, this study addresses a gap in the literature by analyzing how gender shapes responses to specific types of evidence rather than general support for capital punishment. Using a quantitative survey of 209 participants, the research analyzes Likert-scale responses measuring how various aggravating and mitigating factors impact sentencing preferences. Results indicate a weak but consistent relationship between gender and receptivity to …


Gender And Emotional Expression In The Courtroom: Mock Juror Perceptions Of Attorney Effectiveness, Emma Cantrell Apr 2026

Gender And Emotional Expression In The Courtroom: Mock Juror Perceptions Of Attorney Effectiveness, Emma Cantrell

Undergraduate Theses

This quantitative study examines how gender and emotional expression influence mock jurors' perceptions of an attorney's courtroom effectiveness. Using mock jurors, this study extends previous research suggesting that assertiveness and emotional displays are evaluated differently by gender. Participants were randomly assigned to view one of four closing statements in a mock burglary trial. The videos were of either a male or a female attorney delivering a passive or an aggressive argument. Participants then evaluated the attorney’s effectiveness across four categories: competence, persuasiveness, ability to instill confidence, and emotionality. Male participants generally rated female attorneys as less effective than female participants …


Listening To Survivors: A Community Conversation, Jonathan Jackson Apr 2026

Listening To Survivors: A Community Conversation, Jonathan Jackson

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.


Core Elements Of Policy Solutions, Audrey Morrissey Apr 2026

Core Elements Of Policy Solutions, Audrey Morrissey

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.