Criminal Law Commons^™

Pilot Study: An Exploration Of Medication Assisted-Treatment (Mat) For Indigenous Americans Within Tribal Healing To Wellness Courts, Fanni Farago, Lindsay Smith, Violette Cloud, Michael Gordon, Faye Taxman

Qualitative Criminology (QC)

Considering the opioid epidemic’s adverse and disproportionate consequences on Indigenous American communities across the nation, United States federal agencies (i.e., Indian Health Service, the Bureau of Indian Affairs, and the White House Office of National Drug Control Policy) and Tribal nations are urgently calling for more substance use treatment and prevention efforts. Problem-solving courts (PSCs) are a well-known innovation for treating individuals with substance use disorders (SUDs) and those who have committed non-violent offenses. However, very little is known about these courts in indigenous communities and how they address substance use disorders. Drawing on a small sample of court coordinators …

Eroticization Of The Body, Reflexivity, And Qualitative Methodology In Criminology: An Omerta, Catherine Montgamny Grenier

Qualitative Criminology (QC)

This article reflects upon the notion of reflexivity in qualitative methodology, both generally and specifically within the field of criminology. This reflection stems from completing my pre-field research in Costa Rica, which I undertook while completing my doctoral thesis regarding the sexuality of solo female travelers. Based on a sexual assault I experienced during this pre-field research, I critically discuss the notion of reflexivity in cases where the security of researchers is undermined by the relations of power that exist between gatekeepers and participants as a result of gender identity and the eroticization of the body. This article specifically questions …

Actionable Motivational Interviewing: Gendered Perceptions Of Probation Officer-Client Relationships, C.J. Appleton, Lindsay Smith, Danielle S. Rudes

Qualitative Criminology (QC)

Prior research purports that probation officers (POs) view the differences between women and men clients as emotional, with women being more "in-touch" with their emotions and "self-aware" of their issues (Welsh, 2019). Since probation client satisfaction links to relationships with POs (DeLude et al., 2012), it is also important to examine clients' perceptions of POs using a gendered lens that considers the potential variations in women and men clients' views of officers. This study uses 15 semi-structured interviews with women and men clients in one Northwestern probation agency. We examine clients' perceptions of the officer-client relationship, finding that clients desire …

Escape From The Hangman's Noose? Singapore's Discretionary Death Penalty For Drug Traffickers, Wing Cheong Chan

Research Collection Yong Pung How School Of Law

After nearly fifty years of the mandatory death penalty for drug offences, Singapore amended its law in 2012 to give judges a choice in certain situations to impose a sentence of death or life imprisonment instead. However, this change should not be misunderstood as an alteration in Singapore’s zero-tolerance approach towards illegal drugs. Escaping the mandatory death penalty regime under the new law requires fulfilment of strict conditions. This article reviews the exceptional circumstances that are required before judges are given the discretion to impose the death penalty or not and the application of the new law by the Singapore …

Examining Remorse In Attributions Of Focal Concerns During Sentencing: A Study Of Probation Officers, Colleen M. Berryessa

International Journal on Responsibility

This research, using interviews with probation officers in the United States (n = 151) and a constant comparative method for analysis, draws from the focal concerns framework to qualitatively model a process by which probation officers use a defendant’s remorse to attribute focal concerns in order to guide their sentencing recommendations in pre-sentencing reports. The model suggests that officers use expressions of remorse to make attributions about mitigated criminal intention (blameworthiness and notions of responsibility), reduced dangerousness and a high potential for reform (community protection), and organization-level effects for increasing caseload efficiency and using correctional resources (practical effects of …

This Ain't Nothin' New, Samhermundre Raemune Wideman

Writing Beyond the Prison Living Archive

Autobiography, Essay

Youthful Offenders Sentencing Trends In Pennsylvania, Monika Nwajei

All Theses

The overwhelming majority of existing literature on the effects of age on judicial sentence decision-making focuses on juveniles (ages 18 and below) and older adults. This paper focuses on offenders between the ages of 18-29, who fall legally outside the definition of juvenile, yet do not have the full brain development or clinical maturity of an adult to provide knowledge of sentencing outcomes for different populations and a well-rounded review and critique of judicial sentence decision-making (Johnson, Blum, & Giedd, 2009). Using a series of logistic regression analyses on the Pennsylvania Commission Sentencing (PCS) data from 2001 to 2018, I …

Committee Prosecution: Using Expert Opinion To Make Criminal Justice Descisions More Impactful, Ellison Berryhill

University of Michigan Journal of Law Reform Caveat

Those uninitiated to the reality of the United States’ criminal justice framework may believe that judges are the most powerful actors in the system. These casual observers watch crime shows filled with trials where judges make rulings and yell at people who are out of line. Viewers may believe in the adversarial system as a war between zealous prosecutors seeking justice and defense attorneys fighting for their client’s innocence. They may think of judges as neutral arbiter who makes the ultimate decisions. Unfortunately, that is not the case.

Alternatively, casual observers may think that the jury is the most powerful …

Investigation Procedures In The Crimes Of Ministers And Senior Officials In Light Of Federal Decree-Law No. (24) Of 2021 On The Accountability Of Ministers And Senior Officials Of The Federation, Yousuf Alkaabi

Journal of Police and Legal Sciences

The aim of this research is to define the concept of ministers and senior employees of the federation and to explain their legal nature, to stand on the legal basis for the penal responsibility of ministers and its scope, in addition to clarifying the procedures for receiving complaints and communications against ministers and senior employees of the federation in the UAE, and examining their seriousness, and indicating the competent authority for the preliminary investigation. And a statement of its authority to issue precautionary orders against ministers.

The problem of the research was to determine the adequacy of the procedural provisions …

Criminalization Of Community-Based Ecotourism (Cbet) In Indonesia: The Cases Of Pari Island, Kepulauan Seribu, Janthi Dharma Shanty, Bono Budi Priambodo

Journal of Indonesian Tourism and Policy Studies

Pari islanders have revamped their island into cultural ecotourism destination since 2010. It has been successful because the activities have diverted the islanders’ dependence on the hard-pressed local coastal and fisheries resources and supplemented their income. This is a win-win situation the Indonesian government seeks to create with the 2007 Coastal Zone and Small Islands Management Law where natural conservation benefits local populace economically. The Law stipulates, among others, that community participation is one of the integrated coastal zone management principles. The Law also prioritizes coastal zones for conservation and tourism activities. Pari islanders thus have already implemented the imperatives …

“Prison Tiktok”: Incarcerated Life Shared On Social Media, Kayla Reid, Nicole Niebuhr

Qualitative Criminology (QC)

Different areas of the criminal justice system interact with social media, but not much is known about how those incarcerated may be using it. A thematic analysis of “Prison TikTok” videos was conducted in order to gain a better understanding of what those incarcerated are sharing. The most represented themes in the sample are performance, food, prison views, and pains of imprisonment. Performance and food demonstrate creativity within the sample, and highlight how those incarcerated may be looking for creative outlets. Prison and pains of imprisonment include the realities of life incarcerated, and contain messaging that those incarcerated may be …

Blowing In The Wind: Cannabis Legalization, Insiders, And Methodological Insights From British Columbia, Jon Heidt, Johannes Wheeldon

Qualitative Criminology (QC)

Legalizing cannabis in Canada has proven momentous in some ways and insufficient in others. This paper presents findings from a re-analysis of two studies on cannabis legalization conducted in British Columbia (B.C.) before and after legalization. Prioritizing public health over access appears to prolong stigmatization, complicate policing, and undermine efforts to disrupt illicit cannabis markets. We outline three contributions to the nascent post- prohibition cannabis research agenda. First, we demonstrate the potential for secondary data analysis (SDA) and model an approach to address recent concerns about this practice. Second, we show the value of insiders when assessing cannabis policy by …

“I’M Not Unemployed, I’M Unemployable”: Challenges Finding And Sustaining Work For People Requires To Register As Sex Offenders, Jennifer L. Wooldridge, Danielle J. S. Bailey

Qualitative Criminology (QC)

Many individuals convicted of a sexual offense (ICSOs) experience various collateral consequences due to registration requirements, including income loss, unemployment, harassment, social isolation, homelessness, and more. Finding employment post-conviction is a difficult endeavor for many reentering citizens with criminal records, but for ICSOs, the difficulty increases due to their label as sex offenders. When these individuals are unsuccessful in obtaining steady, living-wage employment, it can result in mental health impacts such as depression, hopelessness, and other reactions. This paper seeks to analyze participants’ emotional and mental health reactions to their direct experiences with employment struggles due to registration. What feelings …

Stroking Reflexivity Into Practice: The Pros And Cons Of Resorting To Gatekeepers To Conduct Qualitative Criminological Research, Gabriela Mesquita Borges, Ana Guerreirro, Leonardo Conde

Qualitative Criminology (QC)

Accessing research settings and participants can be deeply challenging for scientific research, especially when gatekeepers are involved. Gatekeepers are known to affect research through, among other reasons, their position inside institutions, their knowledge of the research topic, and their power over prospective participants. This article explores the methodological and ethical challenges that may arise from resorting to gatekeepers to access participants in qualitative criminological research. Using reflexive notes from the fieldwork of two doctoral research projects in criminology, this article emphasizes the central role gatekeepers can assume in qualitative research regarding gaining access to participants for a study and conducting …

Dying In Prison: End-Of-Life Care Services In A State Correctional Facility, Brook Cooley Webb, Mollee K. Steely Smith, Tusty Ten Bensel

Qualitative Criminology (QC)

The aging inmate population in American prisons has noticeably increased, contributing to a more significant number of offenders who will die in prison, thus forcing correctional facilities to aid in caring for prisoners at the end of life. Two common responses have emerged to deliver adequate healthcare to inmates, including hospice programs and End-of-Life (EOL) care services. This study aimed to explore the nature of EOL care in a state prison by interviewing correctional administrators, correctional officers, and relevant medical personnel (N=17). The current study provided insight into the inclusion criteria for inmates who utilized EOL care in the prison …

The Impact Of Community On The Offender's Reentry Process Using Data From The Serious And Violent Offender Reentry Initiative (Svori) On Adult Males And Females, Meta Jean Schlimpert

Student Theses and Dissertations

The objective of this study is to examine how offenders are impacted by their social environment upon being released from prison. Using data from the Serious and Violent Offender Reentry Initiative (SVORI), the current study aims to examine the potential role of community support along with factors including employment, housing, peer relationships, and family support. By doing so, this study aims to identify difficulties in the reentry process and offer suggestions for improvements in this process. The results of the study are discussed, along with recommendations for future studies and policy implications.

Single Crime, Dual Crime And Another? Expansion Of The Concept Of Joint Liability Under Section 34 Of The Penal Code – Public Prosecutor V Azlin Bte Arujunah And Other Appeals [2022] 2 Slr 825, Ting Xuan Jordan Chia, Natalia Mai Do Ngoc

Singapore Law Journal (Lexicon)

It is well-understood that for most crimes to be established, the requirements of actus reus (the physical element) and mens rea (the mental element) need to be proven beyond a reasonable doubt. However, in situations involving joint offenders, if one of the offenders dealt the fatal blow, while the other offender acted as a lookout, can the other offender really be said to have the actus reus of the particular offence?

Criminological Evaluation Of The Impact Of Pathological Ludomania To Gambling Among Nigerian Youths, George Nzeadi Duru Mr., Larry Okechukwu Awo Mr.

International Conference on Gambling & Risk Taking

ABSTRACT

The study was designed to evaluate the effects of pathological ludomania to gambling on Nigerian youth. The study looked at how get-rich-quick mentality, access to gaming, and poverty can lead to gambling ludomania in young people. The Social Learning and Differential Association Theories were debated and chosen as the theoretical framework for the study. A questionnaire created to represent the study's research topics was utilized to collect the study's data. A structured questionnaire was sent to two hundred (200) respondents, who were chosen using a multi-stage sampling procedure. The data were analyzed using simple percentage, descriptive, and chi-square statistical …

“Sports Gambling In America 2023: A Final Piece To The Puzzle?”, John Dombrink

International Conference on Gambling & Risk Taking

No abstract provided.

The Juris Master: A Proposal For Reducing Excessive Public Defender Caseloads, Blake Comeaux

Senior Honors Papers / Undergraduate Theses

The US public defense system is underfunded, understaffed, and underdelivering on the Constitutional promises of the 6^th Amendment, the right to a fair and speedy trial. This state of our public defense system results in monstrous impacts for indigent defendants nationwide. Through indefinite delays in litigation, being abandoned in jail while sitting on waiting lists for public defenders, and being outright denied representation, indigent defendants are deprived of their rights. Beyond just defendant neglect, our current system puts immense strain on public defenders, prosecutors, and state budgets. In an attempt to combat this current state of affairs, this paper …

Mental Distress Among Adults With Serious Mental Illness In A Criminal Legal Setting: A Secondary Data Analysis Of The Mcarthur Mental Health Court Study Data, Violette Cloud

Psychology ETDs

Chronic criminal legal system (CLS) involvement among individuals with serious mental illness (SMI) is of growing concern. Mental health courts (MHCs) are a known diversion strategy currently used by the CLS to address this problem. MHCs are seen as an effective method for linking individuals with SMI to needed treatment, removing them from a detention setting, and subsequently reducing recidivism. However, less is known about the impact of MHC enrollment on mental health related outcomes (mental distress). Using the McArthur Mental Health Court Study data, this study aimed to inspect the impact of MHC participation, legal coercion, and treatment motivation …

Prostitution And Pornography: Reforming A Perspective, Mayce Combs

Helm's School of Government Conference - 2021-2024

Happiness is a subjective emotion that can quickly be twisted by the depravity of humanity’s sinful nature. Human trafficking deprives an individual’s natural right to life, liberty, and their pursuit to happiness. Of the two divisions of human trafficking, sex trafficking, especially involving children, is the most despicable and most evolved. The United States and further the state of Virginia is a crucial player in combating human trafficking. While there are currently many successful tactics state governments and nonprofit groups are utilizing in order eliminate human trafficking there are further more intense strategies the Virginia State Government should implement. One …

Drug Ideologies Of The United States, Macy Montgomery

Helm's School of Government Conference - 2021-2024

The United States has been increasingly creating lenient drug policies. Seventeen states and Washington, the District of Columbia, legalized marijuana, and Oregon decriminalized certain drugs, including methamphetamine, heroin, and cocaine. The medical community has proven that drugs, including marijuana, have myriad adverse health side effects. This leads to two questions: Why does the United States government continue to create lenient drug policies, and what reasons do citizens give for legalizing drugs when the medical community has proven them harmful? The paper hypothesizes that the disadvantages of drug legalization outweigh its benefits because of the numerous harms it causes, such as …

Crossfire In The Crosshairs: Why Prosecutions Are Necessary In The Interests Of The Republic, Christopher J. Boosey

Helm's School of Government Conference - 2021-2024

No abstract provided.

Batson V. Kentucky Guidelines And The Use Of Peremptory Challenges In Arkansas Courts: A Case Study, Abigail Lindsey

Political Science Undergraduate Honors Theses

The peremptory challenge is a method by which attorneys can strike a potential juror from the jury pool without a valid reason. With Batson v. Kentucky (1986), the Supreme Court ruled that peremptory challenges cannot be issued on the basis of race, however, there are many problems with the way this precedent has been followed in various states. The goal of this research is to analyze how Arkansas courts implement the Batson precedent. This research also studies whether the way in which Arkansas courts utilize the peremptory challenge creates ideologically imbalanced juries.

How To Solve The Initial Appearance Crisis, Malia N. Brink, Pamela R. Metzger, Jiacheng Yu

Deason Center Reports

Across the United States, people are arrested and held behind bars for days, weeks, and sometimes even months, without ever seeing a judge or attorney. These delays violate the United States Constitution’s promise that an arrested person—who is innocent unless proven guilty—will have prompt access to the courts, the assistance of counsel, and a fair and speedy trial.

These due process milestones begin at initial appearance: the first time an arrested person sees a judge about their case. At an initial appearance, the judge should inform an arrested person of the charges against them. The judge should also make an …

Lineups, Showups, And Simultaneous Showups: A Replication And Extension Of The Red Box Study, Lana Dranow

Psychological Science Undergraduate Honors Theses

The reliability of eyewitness identification procedures and the following testimony in a court of law has been highly contested in recent decades. There are two main types of identification procedures most commonly used by law enforcement officers in the United States: lineups and showups. Prior research has indicated that lineups consistently yield the most accurate identifications due to the presence of fillers (plausible alternatives to a suspect) alongside the suspect when compared to showups. This is commonly attributed to two main theories- filler siphoning theory and diagnostic feature detection theory. In a study conducted by Colloff and Wixted (2020), researchers …

A Comparative Analysis Of The European And American Child Advocacy Model To Address Violence Against Children, Abigail Champion

Undergraduate Research Symposium

This presentation attempts to explain how each of the child advocacy models in the United States and Europe are different and similar. In addition, the presentation demonstrates how each model addresses violence against children. The slideshow provides examples of tools and resources therapists, social workers, and other social scientists use in the field. Lastly, the slideshow offers solutions and references on how the audience can become advocates and learn more information about child advocacy, child advocacy centers, and the different careers people can work in the child advocacy area.

The Weaponization Of Rape: Conflict-Related Rape And The International Criminal Court, Claire Velte

International Relations Honors Papers

Conflict-related rape—once thought to be an inevitable symptom of war—has been legally recognized as both a distinct weapon of war and a crime against humanity, yet it continues to be utilized with impunity. To understand why combatants rape, this paper examines the aspects of military culture that create environments in which raping is not only permissible, but encouraged; additionally, this paper considers cases of genocide in Bosnia and Rwanda in which rape was used systematically to achieve political goals, and how these conflicts contributed to new conceptions of rape in international criminal law. These new conceptions of conflict-related rape created …

Relations Between Peer Influence, Perceived Cost Versus Benefits, And Sexual Offending Among Adolescents Aware Of Sex Offender Registration Risk, Cynthia J. Najdowski, Hayley M. D. Cleary, Paige M. Oja

Psychology Faculty Scholarship

A policy's general deterrent effect requires would-be offenders to be aware of the policy, yet many adolescents do not know they could be registered as sex offenders, and even adolescents who do know may still commit registerable sexual offenses. We tested whether peer influences shape the perceived costs/benefits of certain sexual offenses and, subsequently, registration policy's general deterrent potential in a sample of policy-aware adolescents. The more adolescents believed their peers approve of sexting of nude images, the more likely they were to have sexted. For forcible touching, having more positive peer expectations about sex and perceiving forcible touching as …