Pressing The Verdict: The Social Influence Of Pretrial Publicity On Juror Biases, Kara Cato

CMC Senior Theses

Past psychological research has indicated that pretrial publicity has a significant impact on jury decision-making (Shniderman, 2013). This current review aims to expand on past research by investigating the social influence of pretrial publicity on juror biases. The effects of pretrial publicity on juror biases are examined through three mechanisms of social influence: story model, predecisional distortion, and conformity prejudice. This research inspects the relationship between media and the law by reviewing the pervasiveness of the media's depiction of criminal cases, the changing nature of media, and the biasing effects of media exposure. In addition, it explores the different forms …

Lessons Learned In Prison, Daniel Keating

Scholarship@WashULaw

One way that I have tried to stay fresh as a teacher through the decades is to periodically force myself outside of my teaching comfort zone by trying something completely different. Sometimes these initiatives will end up being a one-time experiment. That was the case a little over ten years ago when I decided to teach a new course (Contracts) in a new format (online, but well before Zoom had become commonplace). Other times, my teaching experiment will prove to be more than just a frolic and detour, as was true eight years ago when I began offering a free …

After The Criminal Justice System, Benjamin Levin

Scholarship@WashULaw

Since the 1960s, the “criminal justice system” has operated as the common label for a vast web of actors and institutions. But, as critiques of mass incarceration have entered the mainstream, academics, activists, and advocates increasingly have stopped referring to the “criminal justice system.” Instead, they have opted for critical labels—the criminal legal system, the criminal punishment system, the prison industrial complex, etc. What does this re-labeling accomplish? Does this change in language matter to broader efforts at criminal justice reform or abolition? Or, does an emphasis on labels and language distract from substantive engagement with the injustices of contemporary …

“Progressive” Prosecutors And “Proper” Punishments, Benjamin Levin

Scholarship@WashULaw

After decades of relative inattention to prosecutorial elections, academics and activists recently have focused on “progressive prosecutors” as a promising avenue for criminal justice reform. That said, the growing literature on progressive prosecutors reflects little clarity about what makes a prosecutor “progressive.” Recent campaigns suggest disparate visions of how to operationalize “progressive prosecution.” In this chapter, I describe four ideal types of progressive prosecutor: (1) the progressive who prosecutes, (2) the proceduralist prosecutor, (3) the prosecutorial progressive, and (4) the anti-carceral prosecutor. Looking to sentencing policy as a case study, I examine how these different ideal types illustrate different visions …

Prosecuting The Crisis, Benjamin Levin

Scholarship@WashULaw

Over the past decade, activists and academics have celebrated the rise of the so-called “progressive prosecutor” movement. District attorney candidates—often former public defenders or civil rights lawyers—have promised to use prosecutorial discretion to address the injustices of the criminal system. A proliferation of such campaigns, and the electoral successes of some of these candidates have raised questions about progressive prosecution: what does it actually mean to be a progressive prosecutor? Does progressive prosecution work? Do progressive candidates follow through on campaign promises? And, how enthusiastic should defense attorneys, reformers, and critics of the carceral state be about progressive prosecution? The …

Punishment Externalities And The Prison Tax, Sheldon Evans

Scholarship@WashULaw

Punishment as a social institution has failed to live up to the quixotic ideals of theory and has descended into the practice of mass incarceration, which is one of the defining failures of this generation. Scholars have traditionally studied punishment and incarceration as parts of a social transaction between the criminal offender, whose crime imposes a cost to society, and the state that ensures the offender repays this debt by correcting past harms and preventing future offenses. But if crime has a cost that must be repaid by the offender, punishment also has a cost that must be repaid by …

The Conflict Among African American Penal Interests: Rethinking Racial Equity In Criminal Procedure, Trevor George Gardner

Scholarship@WashULaw

This Article argues that neither the criminal justice reform platform nor the penal abolition platform shows the ambition necessary to advance each of the primary African American interests in penal administration. It contends, first, that abolitionists have rightly called for a more robust conceptualization of racial equity in criminal procedure. Racial equity in criminal procedure should be considered in terms of both process at the level of the individual, and the number of criminal procedures at the level of the racial group—in terms of both the quality and “quantity” of stops, arrests, convictions, and the criminal sentencings that result in …

The Problematic Structure Of Indigent Defense Delivery, Eve Brensike Primus

Michigan Law Review

The national conversation about criminal justice reform largely ignores the critical need for structural reforms in the provision of indigent defense. In most parts of the country, decisions about how to structure the provision of indigent defense are made at the local level, resulting in a fragmented patchwork of different indigent defense delivery systems. In most counties, if an indigent criminal defendant gets representation at all, it comes from assigned counsel or flat-fee contract lawyers rather than public defenders. In those assigned-counsel and flat-fee contract systems, the lawyers representing indigent defendants have financial incentives to get rid of assigned criminal …

Error Aversions And Due Process, Brandon L. Garrett, Gregory Mitchell

Faculty Scholarship

William Blackstone famously expressed the view that convicting the innocent constitutes a much more serious error than acquitting the guilty. This view is the cornerstone of due process protections for those accused of crimes, giving rise to the presumption of innocence and the high burden of proof required for criminal convictions. While most legal elites share Blackstone’s view, the citizen-jurors tasked with making due process protections a reality do not share the law’s preference for false acquittals over false convictions.

Across multiple national surveys, sampling more than 10,000 people, we find that a majority of Americans views false acquittals and …

Do Crime Prevention Through Environmental Design Strategies Deter Taggers? Voices From The Street, Arthur Vasquez, Nina Barbieri, John J. Rodriguez

Qualitative Criminology (QC)

"Crime Prevention Through Environmental Design (CPTED) postulates that jurisdictions can deter crime and antisocial behavior via effective use and proper design of the physical environment. When a jurisdiction implements a CPTED strategy, it makes involvement in criminal behavior more difficult, thereby increasing the chance of being caught. Using interviews with 35 active juvenile street taggers from a large metropolitan area in Texas, this research explores whether implementing CPTED strategies deter offenders from engaging in criminal activity. Results suggest physical barriers, natural surveillance, access, and signage serve as deterrents during the target selection process."

Editorial, Kevin Buckler

Qualitative Criminology (QC)

"

Editor Introduction to Volume 11, Issue 4

This issue of the Journal contains four articles and two book reviews. Each of the four articles focuses in some way on crime, criminal justice, and space. "

Getting Jumped In Vacationland: The Complicated Rhetoric And Realities Of Assault In A Small Town, Andrew Burns, Kat Albrecht

Qualitative Criminology (QC)

"Crime Prevention Through Environmental Design (CPTED) postulates that jurisdictions can deter crime and antisocial behavior via effective use and proper design of the physical environment. When a jurisdiction implements a CPTED strategy, it makes involvement in criminal behavior more difficult, thereby increasing the chance of being caught. Using interviews with 35 active juvenile street taggers from a large metropolitan area in Texas, this research explores whether implementing CPTED strategies deter offenders from engaging in criminal activity. Results suggest physical barriers, natural surveillance, access, and signage serve as deterrents during the target selection process."

“I Know A Guy”: Examining Homeless Income Generation And Spatial Mobility, Daniel J. Reinhard, Ted Palys

Qualitative Criminology (QC)

"This study explores the variety of income-generating activities, along with corresponding distances that homeless and marginally housed persons travel to engage in the activities. Altogether 24 individuals were interviewed, and ethnographic field observations occurred over several months to increase rapport. The qualitatively gathered data were used in ArcGIS to calculate travel distances. These income-generating activities that persons engaged in were commonly forms of shadow work, and many kinds of income-generating activities were found. Among our sample, there appeared to be two distinct groups: those with more income methods and further travels, and those with fewer methods and shorter travels. The …

Entering Without Breaking: Challenges And Strategies Of The Qualitative Criminologist Investigating Carceral Spaces, Anaïs Tschanz

Qualitative Criminology (QC)

"Although qualitative methodology courses in criminology make it possible to gain theoretical and practical training in the collection, analysis and interpretation of data gathered using qualitative tools, these more rarely help address more targeted questions and concerns. Without making any claim to offer definitive solutions beyond the status of “tip,” this article attempts to tackle “things they don't really teach you how to handle in your qualitative methodology class,” concerning research in a carceral environment. By characterising carceral space as an opaque, all-encompassing environment pervaded by spatiotemporal constraints, it describes strategies that can be implemented in the face of organisational, …

Quicker, J. C., Batani-Khalfani, A. S., Before Crips: Fussin’, Cussin’, And Discussin’ Among South Los Angeles Juvenile Gangs., Shilpashri Karbhari

Qualitative Criminology (QC)

"Before Crips: Fussin’, Cussin’, and Discussin’ Among South Los Angeles Juvenile Gangs delves into a criminological discussion of juvenile gangs in South Los Angeles. Authors John C. Quicker and Akil S. Batani-Khalfani, deconstruct the term “juvenile gangs” and instead recommend using “street groups.” Chapters one through nine provide a historical timeline of the various pre-Crip-and-Blood gangs in South Central Los Angeles, past and present theoretical approaches, and the origins of the Slausons, one of the established early gangs in South Los Angeles. The book features a visual description of the various clubs, street groups, and gangs that were visible …

Decker, S. H., Pyroox, D. C., & Densley, J. A., On Gangs, Charles Cunha

Qualitative Criminology (QC)

"The authors of the book, On Gangs, are well-known criminologists specializing in criminology and gangs. Scott H. Decker is a Foundation Professor Emeritus of Criminology and Criminal Justice at Arizona State University. David C. Pyrooz is an Associate Professor of Sociology at the University of Colorado Boulder. James A. Densley is a Professor and Department Chair of Criminal Justice at Metropolitan State University. The authors provided a current compilation of robust knowledge."

The Fiscal Impact Of Marsy's Law: A Financial Analysis Of Victims' Rights Policy In Nevada, Elia Del Carmen Solano-Patricio

Undergraduate Research Symposium Lightning Talks

Since 2008, the "Marsy's Law" campaign has sought to embed in state constitutions a specific and lengthy set of victims' rights. In 2018, voters ratified "Question 1" in Nevada which broaded the definition of the term victim to any person directly and 'proximately' harmed by a criminal offense. As a result, Marsy's Law opens the door to the interpretation of the word "crime" and the word "victim."

Intersectionality Pertaining To The Disproportionate Rates Of Black Women In Prisons And Jails, Mackenzie Heller

University Honors Theses

The incarceration rates of Black women in America surpass even all other demographics. Yet, Black women are often not on the news when discussing prison rates in the United States. Rather we see Black men, Hispanic men, and so forth. While these people do make up large portions of the prison system they are seeing a decline in their incarceration rates. Black women are often pushed to the sidelines when discussing matters that can be seen as central to their livelihoods.

This thesis addresses the intersectionality that only Black women experience and how that affects their imprisonment rates and experiences …

Prevention Of Child Sexual Abuse In South Africa: Assessing The Role Of Parents, Community Leaders, Educators, And Social Workers, Nosisa Mabetshe, Emeka E. Obioha, Ishmael Mugari, Elphina N. Cishe

Dignity: A Journal of Analysis of Exploitation and Violence

Child sexual abuse is a global problem and is prevalent in South Africa. Child sexual abuse significantly harms the victims. This study looked at child sexual abuse prevention, focusing on the community, school system, and social workers. A mixed methods research method was used. Data were collected from 115 questionnaire respondents, of which 15 in-depth interview participants were selected. The sample was selected using purposive sampling and stratified random sampling techniques. Low reporting of incidents is hindering the effective response to child sexual abuse. The study revealed the significant role parents and community members could play in preventing child sexual …

S V Lifumbela And Others 2022 (1) Nr 205 (Sc), Dunia P. Zongwe

SAIPAR Case Review

The Lifumbela case stems straight from the High Treason Trial, Namibia’s longest and – probably – most expensive judicial saga. In S v Lifumbela, the Supreme Court of Namibia had to settle an appeal against the convictions and sentences of 30 accused implicated in the High Treason Trial. Despite the big stakes involved in this matter, the apex court did not manage to rise to this once-in-a-lifetime occasion and seize this historic moment.

By confirming that the appellants committed high treason, murder, and attempted murder on the basis of conspiracy (i.e., an incomplete crime), the Namibian Supreme Court upended the …

The Intersecting And Additive Nature Of Vulnerability: Dehumanizing Or Protecting?, Megan Berry-Cohen

Department of Psychology: Dissertations, Theses, and Student Research

Recent research has examined how extra-legal factors such as emotions and stereotypes impact legal judgment decisions regarding traditionally vulnerable populations. Less work has explored not only what makes a group vulnerable, but how people perceive, interpret, and apply that vulnerability. The current research therefore integrates psychological theory and legal models to understand vulnerability and its implications. Three studies examined the roles of various factors, including dehumanization and empathy, in understanding how people respond to vulnerable individuals in general and then to women who have survived sexual violence.

In Experiment 1, I manipulated sex (female vs. male), age (older: 60 years …

Greening Criminal Legal Deserts In Rural Texas, Pamela R. Metzger, Claire Buetow, Kristin Meeks, Blane Skiles, Jiacheng Yu

Deason Center Reports

Texas’ rural communities urgently need more prosecutors and public defense providers. On average, Texas’ most urban areas have 28 lawyers for every 100 criminal cases, but rural areas only have five. Many rural prosecutor’s offices cannot recruit and retain enough staff. The Constitution’s promise of equal justice for all remains unfulfilled. Rural Texans charged with misdemeanors are four times less likely to have a lawyer than urban defendants. In 2021, only 403 rural Texas lawyers accepted an appointment to represent an adult criminal defendant. In 65 rural counties, no lawyer accepted an appointment. And the problem is getting worse. Since …

Maternal Figures Or Aggressors: Controlling Images In Newspaper Constructions Of Police Violence Against Black Women And Men, Ashley Hollingshead

Qualitative Criminology (QC)

"In the last decade, media coverage of state-sanctioned police violence against Black women and men re-emerged. Despite campaigns that expose how Black women and men become victims of police violence, Black men’s fatalities gain more traction, garnering national outrage and calls for police reform, policy reform, and criminal justice reform (Crenshaw & Ritchie, 2015). I conduct a content analysis of 76 newspaper articles covering 24 cases of Black women and men from 2016 to determine how newspapers construct narratives of Black women and state-sanctioned violence in comparison to Black men. Newspaper articles reflect and construct differing narratives on Black women’s …

"Everything I Believe Is Rooted In Love": Women And Non-Binary Activists Of Color Fighting For The Practice And Promise Of Abolition, Brittany Pearl Battle

Qualitative Criminology (QC)

"The police murders of Breonna Taylor and George Floyd in the first half of 2020 sparked a powerful movement against police violence, white supremacy, and the carceral state with millions taking to the streets in the U.S. and globally. The movement coalesced around calls for police accountability, and to defund and abolish the prison industrial complex. While these calls for abolition were certainly not new, they reached national dialogues in a way not previously experienced. Although there are significant projects exploring abolition as a theory, there is not much scholarship on the specific area of the social movement that advocates …

Reclaiming Our Stories: Centering The Voices, Experiences, And Expertise Of Black, Indigenous, And Women Of Color (Biwoc) On The Carceral State (Introduction To The Special Issue), Janet Garcia-Hallett, Kanika Samuels-Wortley, Tri Keah Henry, Andrea S. Boyles

Qualitative Criminology (QC)

"This special issue of the Journal of Qualitative Criminal Justice and Criminology pays critical attention to systemic forces that impact Black, Indigenous, and Women of Color (BIWOC). It honors, respects, and reinforces the visibility of BIWOC not only as targets, survivors, activists, and community advocates relative to carceral systems, but showcases our presence as scholars with expertise across its components. In both instances, there continues to be erasure and invisibility that we hope to transform through this series. Reclaiming Our Stories takes on this challenge. This special issue highlights intersectional qualitative work, which includes articles written by BIWOC criminologists and …

One Hundred Tones, One Decision: Exploring Race, Skin Tone, And Motivations For Becoming A Criminal Justice Practitioner, Talisa J. Carter

Qualitative Criminology (QC)

"Overall, scholarship finds individuals have similar motivations to work in the criminal justice system. However, several studies acknowledge race and gender can influence motivations to work as justice professionals. Absent from the motivation and criminal justice profession literature is the potential role that skin tone plays. This gap is surprising as research firmly establishes people with darker skin complexions are more likely to negatively experience the criminal justice system. And thereby may find working as a criminal justice practitioner less desirable. Taken together, this raises the question, how does skin tone impact motivations to work in the justice system? To …

"I Went From Being Held Captive To Captivity Again": How The Criminal Legal System Fails Black Women And Girl Survivors Of Sex Trafficking, Cassandra Mary Frances Gonzalez

Qualitative Criminology (QC)

"Black women and girls are disproportionately arrested and incarcerated for prostitution and prostitution-related crimes while being sex trafficked. Despite laws and policies meant to discourage criminalization, Black women and girls are profiled and subjected to both interpersonal and state violence due to their victimization. This paper uses one-on-one interviews with thirteen survivors of sex trafficking and exploitation across the United States and their encounters with the criminal legal system and incarceration. Grounded in Black feminist criminology, this research analyzes the experiences of survivors as victims and as criminals. Narratives demonstrate that courts and social services were unprepared, and often unwilling, …

"Trying To Get Free": A Theoretical Centering Of Black Women's Post-Carceral Narratives Of Systemic Unfreedom, Geniece Crawford Mondé

Qualitative Criminology (QC)

"This article examines how Black justice involved mothers navigate the enduring unfreedom of post-imprisonment life. Drawing upon the analytical framework of Black Feminist Criminology (BFC), this paper argues that centering women’s narratives of unfreedom provides a context for understanding and critiquing systemic and structural oppression. Interviews with thirty-three Black formerly incarcerated mothers from two transitional organizations in New York and Massachusetts reveals how women a) Identify instances of structural oppression at the hands of the legal system and the labor market and b) Deploy individual responses that reframe their marginal status by subverting expectations of their roles as mothers and …

"I Literally Role With The Punches": Black And Latina Women Coping Through Parental Incarceration, Melissa E. Noel Mondé, Cherrell Green

Qualitative Criminology (QC)

Racial and ethnic disparities within the criminal legal system have been shown to disproportionately impact Black and Latinx children. Parental incarceration is associated with emotional and psychological stresses for children, but these effects can extend beyond incarceration. Research suggests that parental incarceration is not a discrete event and problems during childhood can exacerbate throughout the life course. Yet, little is known on how challenges faced by parental incarceration transcend to adulthood. Further, an examination on the long-term effects of parental incarceration through the lens of race, ethnicity, and gender remains understudied. In order to address this gap, this study focused …

Do Crime Prevention Through Environmental Design Strategies Deter Taggers? Voices From The Street, Arthur Vasquez, Nina Barbieri, John J. Rodriguez

Qualitative Criminology (QC)

"Crime Prevention Through Environmental Design (CPTED) postulates that jurisdictions can deter crime and antisocial behavior via effective use and proper design of the physical environment. When a jurisdiction implements a CPTED strategy, it makes involvement in criminal behavior more difficult, thereby increasing the chance of being caught. Using interviews with 35 active juvenile street taggers from a large metropolitan area in Texas, this research explores whether implementing CPTED strategies deter offenders from engaging in criminal activity. Results suggest physical barriers, natural surveillance, access, and signage serve as deterrents during the target selection process."