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Articles 451 - 480 of 7840
Full-Text Articles in Criminal Law
U.S. Prisons And System Reform, Darian Reimels
U.S. Prisons And System Reform, Darian Reimels
English Department: Research for Change - Wicked Problems in Our World
Prison systems, specifically in the U.S., are a wicked problem. For years prisoners have been treated inhumanely inside and outside of prison, with everyone looking at them with a judgmental eye. This essay aims to point out and bring light to these issues within the prison system. Specifically, it focuses on how inmates are treated during and after serving their sentence, and solitary confinement. To better understand and explain the problems to you, extensive research was done. Articles were read, organizations were researched, and a documentary was watched to gather the information needed to write this essay. The results showed …
The “Innocence Penalty”: Is It More Pronounced For Juveniles?, Nilam A. Sanghvi, Elizabeth A. Delosa
The “Innocence Penalty”: Is It More Pronounced For Juveniles?, Nilam A. Sanghvi, Elizabeth A. Delosa
Dickinson Law Review (2017-Present)
Despite the presumption of innocence, we know that individuals accused of crimes are punished for maintaining their innocence in ways both tangible and intangible as they make their way through our criminal justice system. For example, even if instructed not to, jurors may infer guilt from a defendant’s failure to testify; defendants who exercise their right to go to trial receive lengthier sentences if convicted than those who plead guilty; and, once convicted, defendants who maintain their innocence are often denied opportunities for parole or clemency. This article explores whether these “innocence penalties” are even greater for children who are …
Young, Black, And Wrongfully Charged: A Cumulative Disadvantage Framework, Emily Haney-Caron, Erika Fountain
Young, Black, And Wrongfully Charged: A Cumulative Disadvantage Framework, Emily Haney-Caron, Erika Fountain
Dickinson Law Review (2017-Present)
The term wrongful conviction typically refers to the conviction or adjudication of individuals who are factually innocent. Decades of research has rightfully focused on uncovering contributing factors of convictions of factually innocent people to inform policy and practice. However, in this paper we expand our conceptualization of wrongful conviction. Specifically, we propose a redefinition that includes other miscarriages of justice: A wrongful conviction is a conviction or adjudication for someone who never should have been involved in the juvenile or criminal legal system in the first place. Although there are various miscarriages of justice that might appropriately be categorized under …
The Absence Or Misuse Of Statistics In Forensic Science As A Contributor To Wrongful Convictions: From Pattern Matching To Medical Opinions About Child Abuse, Keith A. Findley
The Absence Or Misuse Of Statistics In Forensic Science As A Contributor To Wrongful Convictions: From Pattern Matching To Medical Opinions About Child Abuse, Keith A. Findley
Dickinson Law Review (2017-Present)
The new scrutiny that has been applied to the forensic sciences since the emergence of DNA profiling as the gold standard three decades ago has identified numerous concerns about the absence of a solid scientific footing for most disciplines. This article examines one of the lesser-considered problems that afflicts virtually all of the pattern-matching (or “individualization”) disciplines (largely apart from DNA), and even undermines the validity of other forensic disciplines like forensic pathology and medical determinations about child abuse, particularly Shaken Baby Syndrome/Abusive Head Trauma (SBS/AHT). That problem is the absence or misuse of statistics. This article begins by applying …
Understanding Disrespectful Behavior Through A Gendered Lens: Race And Power In A Women’S Prison, Timbre Wulf, Rebecca Trammell
Understanding Disrespectful Behavior Through A Gendered Lens: Race And Power In A Women’S Prison, Timbre Wulf, Rebecca Trammell
Qualitative Criminology (QC)
"Seventy-four incarcerated women in a Midwestern prison were interviewed to explore their experience with disrespect between inmates and staff in a prison setting. Nonwhite women experienced disrespect and conflict differently than their white peers. While the women generally described disrespect as staff members expressing their power inappropriately, non-white women were quick to describe disrespect as tied to racist behaviors. Further, African-American women in our study were more likely to believe that few people, inmates or employees, show respect to others on a regular basis in prison. White women tend to be more positive in their evaluations of interactions with staff …
The Politics Of Being An "Expert": A Critical Realist Auto-Ethnography Of Drug Policy Advisory Panels In The Uk, Alex Stevens
The Politics Of Being An "Expert": A Critical Realist Auto-Ethnography Of Drug Policy Advisory Panels In The Uk, Alex Stevens
Qualitative Criminology (QC)
"The work of ‘experts’ with policy advisory panels plays an important part in the making of illicit drug and other policies. This article explores what is involved in this work. It uses critical realist auto-ethnography of the author’s experience over five years of working with the UK’s Advisory Council on the Misuse of Drugs and the House of Commons Health and Social Care Committee. It analyses: how some people become recognised as a ‘suitable’ expert through relational networks of esteem, while others are excluded; how bureaucratic processes and scientific modes of discourse select some types of information rather than others …
Pornography, Its Harms, And A New Legal Strategy: Research And Experience In Japan, Seiya Morita, Caroline Norma
Pornography, Its Harms, And A New Legal Strategy: Research And Experience In Japan, Seiya Morita, Caroline Norma
Dignity: A Journal of Analysis of Exploitation and Violence
In this article we describe pornography’s harms in Japan, which are known about from surveys and research, and from the outreach and consulting activities of Japanese feminist-abolitionist groups. Among these are the Anti-Pornography and Prostitution Research Group (APP) and People Against Pornography and Sexual Violence (PAPS). We then propose a renewed classification scheme for pornography’s harms that centrally considers the experiences of victims in Japan. Lastly, we consider various legal approaches to addressing the myriad harms we describe and suggest possibilities for a new legal strategy. The article’s research comes from Japanese-language materials produced by the above-mentioned activist groups, as …
Prostitution Decriminalization Campaigns In The United States: Libertarianism Or A "Decent Society", Jody Raphael
Prostitution Decriminalization Campaigns In The United States: Libertarianism Or A "Decent Society", Jody Raphael
Dignity: A Journal of Analysis of Exploitation and Violence
Recently, legislative campaigns to totally decriminalize the sex trade industry in a handful of U.S. states and the District of Columbia failed, but a look at campaign supporters and their arguments demonstrates that libertarian principles are mainly guiding their efforts. This article explores how libertarianism principles, when applied to the sex trade, could bring about severe and lasting harm to others, including sellers of sex, potential victims of sex trafficking to meet the new demand, and the general community. Philosophic principles of liberty have been incorporated by courts, which find that liberty is never absolute and requires a balancing test …
What Telling Of A Survivor's Story Will Finally Force A Remedy? Notes On A Silencing By Lacy Crawford And Is Rape A Crime? A Memoir, An Investigation, And A Manifesto By Michelle Bowdler, Jody Raphael
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
The Use Of Hearsay In Criminal Proceedings: An Updated Framework, Siyuan Chen, Wen Min Chai, Yi Hang Lau
The Use Of Hearsay In Criminal Proceedings: An Updated Framework, Siyuan Chen, Wen Min Chai, Yi Hang Lau
Research Collection Yong Pung How School Of Law
When the Evidence Act was amended in 2012, significant changes were made to the provisions concerning hearsay to broaden the gateways of admissibility.
Law School News: Whitehouse, Cicilline To Offer 'Inside View' Of 2nd Trump Impeachment Trial 02-17-2021, Michael M. Bowden
Law School News: Whitehouse, Cicilline To Offer 'Inside View' Of 2nd Trump Impeachment Trial 02-17-2021, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Re: Center For The Human Rights Of Children’S Input For The 2021 Trafficking In Persons Report, Katherine Kaufka Walts Jd
Re: Center For The Human Rights Of Children’S Input For The 2021 Trafficking In Persons Report, Katherine Kaufka Walts Jd
Center for the Human Rights of Children
No abstract provided.
Straight From The Source: Examining Gender Differences In Inmate Advice For Avoiding Prison Sexual Victimization, Beatriz Amalfi Marques, Ashley G. Blackburn, Shannon K. Fowler, Janet L. Mullings, Maria L. Lecuna
Straight From The Source: Examining Gender Differences In Inmate Advice For Avoiding Prison Sexual Victimization, Beatriz Amalfi Marques, Ashley G. Blackburn, Shannon K. Fowler, Janet L. Mullings, Maria L. Lecuna
Qualitative Criminology (QC)
"Once incarcerated, inmates face a myriad of potential threats to their physical and emotional wellbeing. The threat of being sexually or otherwise victimized while in prison breeds anxiety and fear among inmates, especially those who are new to the prison environment. In response, inmates have developed strategies to avoid victimization. The present study, utilizing self-report questionnaires, asked a sample of male and female inmates in a large Southern prison system about the advice they would give to another newly incarcerated inmate to avoid being sexually assaulted. A thematic analysis of inmates’ open-ended responses revealed male and female inmates have different …
Military Service And Offending Behaviors Of Emerging Adults: A Conceptual Review, Christopher Salvatore, Travis A. Taniguchi
Military Service And Offending Behaviors Of Emerging Adults: A Conceptual Review, Christopher Salvatore, Travis A. Taniguchi
Department of Counseling Scholarship and Creative Works
Focusing on the United States, this paper examines the impact of military service for the cohort of individuals that have experienced the social factors that characterize emerging adulthood as a unique stage in the life course. We argue that military service, as a turning point, may act differently in contemporary times compared to findings from past research. This difference is driven by changes in military service, the draft versus volunteer military service, and the prevalence of emerging adulthood. As a background, we describe emerging adulthood, examine how emerging adulthood relates to crime and deviance, explore the impact of military life …
Caught In-Between: A Video Essay Of Masculine Identity And Methamphetamine Use In The Rural South, Heith Copes, Jared Ragland, Adam Forrester
Caught In-Between: A Video Essay Of Masculine Identity And Methamphetamine Use In The Rural South, Heith Copes, Jared Ragland, Adam Forrester
Qualitative Criminology (QC)
Since the Great Recession in 2007, rural employment rates have been steadily increasing. According to a 2020 United States Department of Agriculture report, rural unemployment has been at its lowest in over a decade. However, such aggregate trends overlook an important aspect of work—its meaningfulness. In many small towns throughout the Southern United States, much of the available work pays little and demands much on the body. As a result, meaningful employment is often out of reach for some men living in the rural South.
Opening The “Black Box” Of Federal Illegal Reentry Sentencing: A Non-Participant Observational Analysis Of Sentencing Constraints And Judicial Discretion, Kevin Buckler
Qualitative Criminology (QC)
"Judicial discretion in sentencing has historically produced disparities in criminal sentencing outcomes. In an effort to address disparity at the federal level, in 1984, the U.S. Congress passed legislation that led to the creation of the U.S. Sentencing Commission and subsequently the adoption of federal sentencing guidelines. Studies show that even among similarly situated defendants (in terms of offense score and criminal history category) disparities have persisted regardless of the sentencing guidelines. An understudied source of disparity is the combined and interactive role of judges, prosecutors, and defense attorneys in the application of the guidelines and the statutory framework that …
Miriam Boeri, Hurt: Chronicles Of The Drug War Generation, Kathleen E. Padilla
Miriam Boeri, Hurt: Chronicles Of The Drug War Generation, Kathleen E. Padilla
Qualitative Criminology (QC)
In 1971, President Nixon officially declared the War on Drugs. Flash forward to 2020 and the prison population is approximately 2.3 million people, with 1 in 5 of those individuals having been incarcerated for a non-violent drug offense (Wagner & Wagner, 2020). Among those caught up in drug offenses stemming from the policies enacted during the War on Drugs, the majority are baby boomers. Baby boomers are those that are born between the years 1946 and 1964, and whose current population is approximately 73 million, the second largest generation aside from Millennials (Census, 2019). By the start of the 21st …
Forced Interactions With Sheriff Deputies Over Time And Their Influence On Stigma And Self Identities Among Individuals Convicted Of Sex Crimes, Lisa L. Sample, Brooke Cooley, Tusty Ten Bensel, Carin Hyter, Brett Hurley
Forced Interactions With Sheriff Deputies Over Time And Their Influence On Stigma And Self Identities Among Individuals Convicted Of Sex Crimes, Lisa L. Sample, Brooke Cooley, Tusty Ten Bensel, Carin Hyter, Brett Hurley
Qualitative Criminology (QC)
"This paper examined the perceptions of convicted sex offenders and their interactions with law enforcement over time. Specifically, we focused on how formal interactions influenced stigma management and self-identity transformation. For decades, scholars have proposed that identities and behaviors often result from interactions with others. Sex offender registration and notification laws force interactions between registrants and police agents for years, if not a lifetime. Given that desistance from sex offending is dependent on prosocial identity transformation, we analyzed interviews with 63 registrants to uncover how interactions with police promote or inhibit identity transformation over time. Our findings suggested interactions with …
Interpersonal Interaction Between Prisoners And Officers In Prisons: A Qualitative Meta-Synthesis Exploring Prison Officer Wellbeing, Davinia Rizzo, Belinda Davey, Melanie Irons
Interpersonal Interaction Between Prisoners And Officers In Prisons: A Qualitative Meta-Synthesis Exploring Prison Officer Wellbeing, Davinia Rizzo, Belinda Davey, Melanie Irons
Qualitative Criminology (QC)
"The wellbeing of prison officers has primarily been understood as a function of contextual variables such as their workplace and the nature of their role. Yet the research suggests the officers’ gender and tenure are the only statistically significant predictors of wellbeing for this population (Butler, Tasca, Zhang, & Carpenter, 2019). These findings suggest that variables at the person level may be more important than contextual variables. As such, we conducted a qualitative, meta-synthesis to explore how interpersonal interactions between prisoners and prison officers may affect the health and wellbeing of prison officers. Following a systematic review of the literature, …
Military Service And Offending Behaviors Of Emerging Adults: A Conceptual Review, Christopher Salvatore, Travis Taniguchi
Military Service And Offending Behaviors Of Emerging Adults: A Conceptual Review, Christopher Salvatore, Travis Taniguchi
Department of Justice Studies Faculty Scholarship and Creative Works
Focusing on the United States, this paper examines the impact of military service for the cohort of individuals that have experienced the social factors that characterize emerging adulthood as a unique stage in the life course. We argue that military service, as a turning point, may act differently in contemporary times compared to findings from past research. This difference is driven by changes in military service, the draft versus volunteer military service, and the prevalence of emerging adulthood. As a background, we describe emerging adulthood, examine how emerging adulthood relates to crime and deviance, explore the impact of military life …
The Truth About Snitches: An Archival Analysis Of Informant Testimony, Jeffrey S. Neuschatz, Danielle K. Deloach, Megan A. Hillgartner, Melanie Fessinger, Stacy A. Wetmore, Amy B. Douglass, Brian H. Bornstein, Alexis M. Le Grand
The Truth About Snitches: An Archival Analysis Of Informant Testimony, Jeffrey S. Neuschatz, Danielle K. Deloach, Megan A. Hillgartner, Melanie Fessinger, Stacy A. Wetmore, Amy B. Douglass, Brian H. Bornstein, Alexis M. Le Grand
Department of Psychology: Faculty Publications
Informants are witnesses who often testify in exchange for an incentive (i.e. jailhouse informant, cooperating witness). Despite the widespread use of informants, little is known about the circumstances surrounding their use at trial. This study content-analyzed trials from 22 DNA exoneration cases involving 53 informants. Because these defendants were exonerated, the prosecution informant testimony is demonstrably false. Informant characteristics including motivation for testifying, criminal history, relationship with the defendant and testimony were coded. Most informants were prosecution jailhouse informants; however, there were also defence jailhouse informants and prosecution cooperating witnesses. Regardless of informant type, most denied receiving an incentive, had …
West Mesa Murders Informational Website, Olivia Jackman, Lauren Hunter
West Mesa Murders Informational Website, Olivia Jackman, Lauren Hunter
Spectrum
No abstract provided.
Ua12/8 Annual Campus Safety & Security Report, Wku Police
Ua12/8 Annual Campus Safety & Security Report, Wku Police
WKU Administration Documents
A statement of current campus policies regarding procedures for students and others to report criminal actions or other emergencies occurring on campus and policies concerning the institution's response to such reports.
A Page-Turner With A Social Conscience: Requiem For A Female Serial Killer By Phyllis Chesler, Paula J. Caplan
A Page-Turner With A Social Conscience: Requiem For A Female Serial Killer By Phyllis Chesler, Paula J. Caplan
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Life Without Parole Sentencing In North Carolina, Brandon L. Garrett, Travis M. Seale-Carlisle, Karima Modjadidi, Kristen M. Renberg
Life Without Parole Sentencing In North Carolina, Brandon L. Garrett, Travis M. Seale-Carlisle, Karima Modjadidi, Kristen M. Renberg
Faculty Scholarship
What explains the puzzle of life without parole (LWOP) sentencing in the United States? In the past two decades, LWOP sentences have reached record highs, with over 50,000 prisoners serving LWOP. Yet during this same period, homicide rates have steadily declined. The U.S. Supreme Court has limited the use of juvenile LWOP in Eighth Amendment rulings. Further, death sentences have steeply declined, reaching record lows. Although research has examined drivers of incarceration patterns for certain sentences, there has been little research on LWOP imposition. To shed light on what might explain the sudden rise of LWOP, we examine characteristics of …
Through A Lens Of Therapeutic Jurisprudence: A Case Study Of The Children’S Court Drug Court In Perth, Suzanne Ellis
Through A Lens Of Therapeutic Jurisprudence: A Case Study Of The Children’S Court Drug Court In Perth, Suzanne Ellis
Theses: Doctorates and Masters
The Children’s Court Drug Court (CCDC) has operated for 20 years in Perth as an alternative Court for drug-using young offenders who present at the Children’s Court. Despite the CCDC’s relative longevity, researchers have examined neither the inner workings of the Court nor the experiences of its actors. The current study aimed, not to evaluate the CCDC, but to identify measures needed to refine CCDC processes to enhance the experiences and outcomes of young people who participate in the CCDC. It argues that despite the CCDC’s foundations in contentious therapeutic jurisprudence principles, on balance, the actors – young people, their …
The Court Is In Recession: On The Implications Of The Covid-19 Pandemic For Indigent Defense Spending, Andrew L. B. Davies, Victoria M. Smiegocki, Hannah E. Hall
The Court Is In Recession: On The Implications Of The Covid-19 Pandemic For Indigent Defense Spending, Andrew L. B. Davies, Victoria M. Smiegocki, Hannah E. Hall
Other Publications
What is the likely effect of the recession brought on by the COVID-19 pandemic on indigent defense budgets in the United States? To look forward, we look backward. We examine data on county-level spending on indigent defense in Texas during the Great Recession of 2007–2009. Redistributive policies—those which use taxpayer funds to support individuals who themselves pay little or no tax—are particularly susceptible to cuts during times of fiscal stress. Yet our analysis shows indigent defense policy, measured in terms of spending and access to counsel rates, was generally stable through the Great Recession years, even in counties hit hardest. …
Inconspicuous Victims, Itay Ravid
Inconspicuous Victims, Itay Ravid
Lewis & Clark Law Review
Recent debates on racial inequalities in the criminal justice system focus on offenders while neglecting the other side of the criminal equation—victims of crime. Such scholarly oversight is surprising given the similarly deep racial disparities in the treatment of victims, manifested in different stages of the criminal justice system. Delving into the underexplored territory of racialized victimization, this project bridges that gap and exposes the roots of the disparate treatment of Black victims in the American criminal justice system. These unprecedented times of the COVID-19 pandemic and racial tensions bring to the fore questions about governmental allocation of resources and …
American Exceptionalism At Its Finest: “Soft On Crime” Now A Vote-Winner In The World’S Largest Incarcerator, Mirko Bagaric, Gabrielle Wolf, Daniel Mccord, Brienna Bagaric, Nick Fischer
American Exceptionalism At Its Finest: “Soft On Crime” Now A Vote-Winner In The World’S Largest Incarcerator, Mirko Bagaric, Gabrielle Wolf, Daniel Mccord, Brienna Bagaric, Nick Fischer
Lewis & Clark Law Review
Anyone with even a remote interest in criminal justice was stunned by the “soft on crime” Republican Party advertisement at Super Bowl LIV in 2020, especially during a presidential election year. The United States of America has pursued an unrelenting, merciless “tough on crime” approach for half a century, resulting in it being the world’s largest incarcerator by a massive margin. It was an unshakable political ideology that “tough on crime” was a vote winner. This resulted in incarceration levels increasing fourfold in four decades, with more than two million Americans ultimately behind bars. Legal and criminology scholars had argued …
“I See What Is Right And Approve, But I Do What Is Wrong”: Psychopathy And Punishment In The Context Of Racial Bias In The Age Of Neuroimaging, Alison J. Lynch, Michael L. Perlin
“I See What Is Right And Approve, But I Do What Is Wrong”: Psychopathy And Punishment In The Context Of Racial Bias In The Age Of Neuroimaging, Alison J. Lynch, Michael L. Perlin
Lewis & Clark Law Review
In this Article, we first consider the relevant differences between antisocial personality disorder (ASPD) and psychopathy. Then, we look at the meager cohort of federal sentencing cases in which the issue of psychopathy is even raised, and consider decision-making in this context from the perspective of implicit racial bias. Next, we present some background on the controversy of “psychopathy” diagnosis; here, we share what we call the “inside baseball” about the debate— on the differences between psychopathy and ASPD—that has rocked the world of the psychology academy. We will also analyze how our current ideas about punishment and recidivism could …