Criminal Law Commons^™

Department Of Corruption, Rashad El

Writing Beyond the Prison Living Archive

Poem on Prison Life, Mental Health; Rehabilitation; Policing; Sentencing; Popular culture (film)

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 …

Punishment And Resources, Mark D. White

Publications and Research

Philosophers of punishment have paid little attention to resource constraints, which have an undeniable impact on how various approaches to punishment work in the real world. It has fallen on economists, with their central focus on scarcity and opportunity cost, to analyze the resource demands of different philosophies of punishment. However, the utilitarian nature of mainstream economics limits the scope of economic theories of punishment to deterrence, which fits naturally into mathematical economic techniques, as opposed to retributivism, the principled nature of which resists quantification. This chapter explores the resource implications of punishment. It starts by identifying shortcomings of the …

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 …

Law In Inaction: The Origins And Implications Of Chronic Drug Law Underenforcement In One Southern County, Kay L. Levine, Elizabeth Griffiths, Joshua M. Hinkle, Volkan Topalli

Faculty Articles

Common accounts of police and prosecutorial nonenforcement discretion tend to valorize individual declination choices as demonstrations of mercy and resource constraint. Simultaneously, these accounts critique blanket nonenforcement policies as being outside the bounds of executive authority. Both accounts fail to consider the origins and implications of nonenforcement decisions made by police officers and prosecutors in individual cases that, when taken together, amount to significant underenforcement of an otherwise valid law.

This Article fills the gap between these differing perspectives by empirically examining the hidden and habitual underenforcement of technically valid drug-free-zone (DFZ) laws in one Southern county. Data matching the …

The Sociology Of Bail Reform: Crime, Social Interaction, And Offender Experiences In Rurality., Scott Kevin Turner

Graduate Theses, Dissertations, and Problem Reports (ETD)

The study sought to explore the impact of the New York State “Bail Reform Act of 2019,” in rurality. It examined some of the legislative goals of the law, the claim that it caused crime, and offender experiences in rurality. Secondary data was used to map the rural crime landscape and primary data was collected from offenders during face to face interviews. The study was framed using deterrence and opportunity approaches and situated within the broader field environments; legislative, courtroom, and community. The research failed to find support for the claim that bail reform caused crime. Instead, it revealed that …

Using Education To Confidently Identify And Report Concerns Of Child Abuse And Neglect: A Qualitative Improvement Initiative Through Staff Development, Sarah E. Neilson

Master's Theses and Capstones

BACKGROUND: Pre-licensure education on child abuse and neglect is crucial for nurses in the healthcare field. It helps to equip them with the knowledge and skills necessary to effectively identify, report, and intervene in cases of child abuse and neglect. Having this education available and understanding the signs and effects of child abuse and neglect, empowers nurses to take quick and decisive action in early intervention and prevention. Within the microsystem of a local Operating Room (OR), this quality improvement (QI) project will determine the muchneeded addition to the healthcare curriculum.

METHODS: The Plan, Do, Study, Act (PDSA) framework was …

Shades Of Justice: Exploring Colorism In The Hispanic Community And Its Legal Battle For Equity, Christel A. Infante

Honors Undergraduate Theses

This thesis focuses on the racial disparity within the Hispanic and Latinx communities as injustices exist within the community and the workplace. Racial disparities in the United States have been a persistent and deeply rooted issue that has plagued the nation for centuries. Despite significant progress in civil rights and anti-discrimination legislation, disparities in areas such as education, employment, and criminal justice persist. Understanding the factors contributing to these disparities is essential for addressing systemic inequalities and fostering a more just society. The analysis of this thesis primarily focuses on the cases and ramifications of Hispanic persons within the workplace, …

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 …

Volume 6, Issue 1 (2023) Criminal Justice Agents And Responsibility, Colleen Berryessa, Elizabeth Griffiths, Kaitlen Hubbard, Deena A. Isom, Kateryna Kaplun, Hiuxuan Li, Siyu Liu, Esther Nir, Heather L. Scheuerman, Rachel Schumann, Sandy Xie, Carolyn Yule

International Journal on Responsibility

This special issue of the International Journal on Responsibility (IJR) advances scholarship on the various ways responsibility infuses the roles of criminal justice agents. As the inaugural issue of my tenure as Editor-in-Chief, Volume 6 deepens our understanding of responsibility in the context of the criminal justice system, thereby fulfilling IJR’s aim and scope. Specifically, the articles highlight issues of responsibility within each component of the criminal justice system: police, courts, and corrections.

Do Judges Understand Technology? How Attorneys And Advocates View Judicial Responsibility In Cyberstalking And Cyberharassment Cases, Kateryna Kaplun

International Journal on Responsibility

As new technologies emerge and are increasingly used to commit interpersonal cybercrimes like cyberstalking and cyberharassment, the legal system lags in assisting victims in obtaining justice in these types of experiences. This qualitative research study explores how attorney and advocate interviewees from Illinois, New Jersey, and New York view judges’ responsibility to the law in cyberstalking and cyberharassment cases. This study finds three themes: judges’ lack of understanding of technology and its harms, discretion, and law on the books versus law in action as important factors and frameworks that contribute to why judges do not consider the importance of technology …

Criminal Law In Myanmar, Wing Cheong Chan, Mark Mcbride, Neil Morgan, Stanley Yeo

Research Collection Yong Pung How School Of Law

A commentary on the Myanmar Penal Code that describes and critically evaluates the general principles of criminal responsibility contained in the Code. This book was originally published in English in 2016. It was republished in Burmese in 2023.

Auc Community Only Lecture: Gender-Based Violence (Gbv), Women & The Law In Egypt, The Prince Alwaleed Center For American Studies And Research Casar

Performances, Events, and Presentations

This special guest lecture was part of the course “Exploring Feminist Perspectives in Egypt and the US” taught by CASAR Adjunct Faculty Yasmeen El-Ghazaly. The lecture was given in Arabic by Counselor Mohamed Samir, who is a senior member of the judicial authority in Egypt, responsible for the accountability of civil servants’ crimes and misconduct. He is also a lecturer in Political Science and Gender Based Violence Crimes. Samir has over 25 years of experience in his career, and was invited to discuss “challenges and legal obstacles women face when discussing gender based violence in Egypt.” In his insightful lecture, …

Book Review: Kings, Conquerors, Psychopaths: From Alexander To Hitler To The Corporation, Tim Bakken

Genocide Studies and Prevention: An International Journal

The book Kings, Conquerors, Psychopaths is a survey of a vast amount of human wrongdoing. It lays bare the motivations of aggressors who wish to subjugate nations or groups of people and corporate executives and government bureaucrats who make discretionary decisions that harm people. Along with cataloging mass killings by despots and soldiers, the book includes stories about Ponzi-schemers and the deaths of automobile drivers and passengers who were killed by vehicle defects known to the manufacturer. The book posits that “[p]owerful, elite forces are trying to force us backward toward a non-democratic state, one where power, wealth, and prerogative …

Public Perceptions And Legal Dimensions Of Juvenile Sexting, Corey Call

Journal of Social, Behavioral, and Health Sciences

The sending of sexually explicit messages, or “sexting” has been recognized as a common practice among youths. As sexting may involve the creation and distribution of sexually explicit images and videos, juvenile sexters can be charged with offenses related to child pornography. This study examined public attitudes toward juvenile sexting and demographic influences on these views. Based on a quantitative survey of 1,023 U.S. adults, the majority of respondents (51.8%) disapproved of criminalization in cases of consensual sexting, but 80% supported legal repercussions for nonconsensual sharing. Respondents primarily favored educational interventions (67.4%) and restrictions on technology use (53.4%) over harsh …

Willard Mwiinga V The People Appeal No/167/2022 (24 August, 2023), Mwami Kabwabwa

SAIPAR Case Review

This case calls upon judges to move beyond a rigid application and recognition of gender based violence (GBV) laws thoughtfully to cases involving domestic violence, to protect women and girls. In this pivotal Judgement, the Court of Appeal missed a crucial chance to fulfill its duty to construe the law with an acute awareness of gender issues and the prevalent problem of Gender-Based Violence (GBV). Acknowledging such issues in legal decisions is vital as it embeds gender sensitivity into the consciousness of both the legal framework and society at large, as seen through the judiciary’s lens. This acknowledgment is instrumental …

Misconduct On Public Transit: An Exploratory Analysis Using The Comments Formerly Known As Tweets, Egbe Etu Etu, Asha Weinstein Agrawal, Imokhai Tenebe, Jordan Larot, Dang Minh Nhu Nguyen

Mineta Transportation Institute

This project developed a simple methodology for using Twitter data to explore public perceptions about misconduct on public transit in California. The methodology allows future researchers to analyze tweets to answer questions such as: How frequent are tweets related to assault, abuse, or other misconduct on public transit? What concerns arise most frequently? What are the types of behaviors discussed? We collected and analyzed data from Twitter posts in California about various types of public transit misconduct from January 2020 to March 2023 to identify the nature and frequency of reported misconduct. Our findings reveal that harassment, uncivil behavior, and …

Dna Analysis: The Answer For Unsolved Cases?, Sarah Hetchler

Master of Arts in Criminal Justice Leadership

DNA analysis has become a crucial part of solving cases. It has developed significantly since its creation in the mid-1980s. The longing for answers within unsolved cases is historically lengthy, leaving traces of distrust and injustice. Criminologists offer a potential solution to the mess created by connecting DNA analysis to protect victims and communities. DNA evidence and analysis can assist in solving cases and provide answers for exonerees. Like public genealogy websites, law enforcement agencies must acknowledge new methods to solve issues. Not only could law enforcement agencies solve and arrest suspects through DNA analysis, but DNA could also provide …

The Assassination Of Dr. Martin Luther King: Understanding The Criminal Behavior And Prosecution Of James Earl Ray, Scott P. Johnson

Ohio Northern University Law Review

No abstract provided.

Hydra: Lessons From The World's Largest Darknet Market, Priyanka Goonetilleke, Alex Knorre, Artem Kuriksha

Faculty Scholarship

Research Summary

We present a comprehensive description of Hydra, the largest darknet marketplace in the world until its shutdown in April 2022. We document the main features of Hydra such as dead-drop delivery, feedback and reputation system, escrow, and dispute resolution. Using data scraped from the platform, we quantitatively examine the scale and the structure of the marketplace. We find that it has been highly competitive, geographically covering at least 69% of the Russian population and trading a wide variety of drugs, while also allowing the wholesale trade of drugs and precursors. The dead-drop delivery system used on Hydra was …

“Social Workers By Day And Terrorists By Night?” Wounded Healers, Restorative Justice, And Ex-Prisoner Reentry, Allely Albert

Articles

Common to many post-conflict societies, former political prisoners and combatants in Northern Ireland are often portrayed as security threats rather than as potential contributors to societal peacebuilding processes. This distrust limits their ability to contribute to the transitional landscape and additionally hinders desistance processes during their reentry from prison. Drawing from the work of Maruna, LeBel, and others on “wounded healers,” this article critically examines the restorative justice work of ex-prisoners who have become involved in leadership roles within community based restorative justice. It is argued that such practitioner work can help former combatants overcome many of the challenges typically …

Methodological And Practical Considerations For Cross-Cultural Focus Groups On Sensitive Topics Within Criminal Justice And Criminology, Hillary Mellinger, Belén Lowrey-Kinberg, Maya Pagni Barak

Qualitative Criminology (QC)

Cross-cultural focus groups offer several advantages over other qualitative methods, particularly when the research goal is to better understand individual and collective perceptions, opinions, or conceptualizations of issues salient to marginalized groups. However, cross-cultural focus groups also pose several unique challenges despite their advantages. Therefore, more scholarly attention needs to address how to overcome these challenges. In this article, we tackle three issues related to cross-cultural focus groups: (1) defining homogenous regarding focus group formation; (2) incorporating intersectionality into cross-cultural focus groups while maintaining homogeneity in crucial aspects of participants’ identities; and (3) overcoming unexpected practical challenges that may appear …

Blood On The Walls: The Influence Of Place Management On Jail And Prison Victimization, Victor J. St. John

Qualitative Criminology (QC)

This study examines the influence of place management on victimization within jail and prison settings. The author conducts content and thematic analysis of narratives deriving from 87 individuals who were formerly incarcerated in Newark, New Jersey, and Cleveland, Ohio. Qualitative findings illustrate that place management may set the stage for victimization by exposing persons in custody to coercive interactions, inadequately surveilled places, deplorable physical conditions, and limited access to quality health services. Such treatment fosters poor relationships among occupants within the correctional setting. I conclude that mismanaged prisons and jails influence the perpetuation of violent victimization. Correctional administrations may foster …