Criminal Law Commons^™

Analyses Of Prosecutorial Power And Discretion In Mississippi: Evaluating Proposals To Address Misconduct And Abuse, Lucy Pruitt

Honors Theses

This thesis seeks to create a policy proposal in order to address incidences of prosecutorial misconduct and abuse of discretion in the Mississippi criminal justice system. To do so, the author has summarized and analyzed seven criminal cases in which defendants have become victims of prosecutorial misconduct in order to shed light on the lack of prosecutorial accountability in the state’s criminal justice system. In an attempt to solve the problem, the author has developed a novel grading rubric in order to objectively and systematically analyze and evaluate previously proposed policy recommendations by legal experts and justice organizations. The successes …

Locked Up And Locked Out: True Stories Of Individuals Who Experienced The Intersection Between Homelessness And The Criminal Justice System, Jean Johnson

Senior Honors Projects

JEAN JOHNSON (Criminology & Criminal Justice)

Locked Up and Locked Out: True Stories of the Interlocking Cycle of

Homelessness and the Criminal Justice System

Sponsor: Jill Doerner (Criminology & Criminal Justice, Sociology & Anthropology), Heather Johnson (Writing & Rhetoric)

Key locks work when a key made with teeth is placed into a cylinder with a series of pins and tumblers. If you don’t insert the right key one or more of the pins will remain in the way, preventing the key from turning and the lock will remain closed. According to the United States Interagency Council on Homelessness, tens of …

Non-Traditional Church Involvement As A Life-Course Turning Point: Qualitative Interviews With Religious Offenders, William Hunter Holt

Dissertations

This research project conducted and then analyzed qualitative interviews from former and current addicts and criminal offenders who are voluntarily participating in the Christian faith at the same non-traditional, Protestant church. An abridged case study of this church is also provided for background and context. Life-course theory and grounded theory are utilized.

Both the offenders and this church were chosen in an attempt to better understand how the offenders’ involvement at this house of worship, along with their faith in general, have impacted them. Obtaining the perspectives of the offender is essential for three reasons. First, qualitative research conducted in …

The Revolving Door Of Recidivism, Laura E. Bull

Classical Conversations

With the rise in the use of prisons, recidivism also grew. Recidivism, in the broadest sense, is the act of a past offender coming back into contact with the justice system. Prisons have been used as far back as the fourth century, but over time their purpose has changed. Today in the United States, the main purpose of prisons is rehabilitation. The most recent law, the First Steps Act, reflects the desire to reduce the trend of recidivism. Many programs have been used as a method of reducing recidivism. Recidivism is a cycle of pain, creating jaded prisoners and placing …

Debt Bondage: How Private Collection Agencies Keep The Formerly Incarcerated Tethered To The Criminal Justice System, Bryan L. Adamson

Northwestern Journal of Law & Social Policy

This Article examines the constitutionality of statutes which allow courts to transfer outstanding legal financial obligations to private debt collection agencies. In Washington State, the clerk of courts can transfer the legal financial obligation of a formerly incarcerated person if he or she is only thirty days late making a payment. Upon transfer, the debt collection agencies can assess a “collection fee” of up to 50% of the first $100.000 of the unpaid legal financial obligation, and up to 35% of the unpaid debt over $100,000. This fee becomes part of the LFO debt imposed at sentencing, and like that …

Safe Consumption Sites And The Perverse Dynamics Of Federalism In The Aftermath Of The War On Drugs, Deborah Ahrens

Dickinson Law Review (2017-Present)

In this Article, I explore the complicated regulatory and federalism issues posed by creating safe consumption sites for drug users—an effort which would regulate drugs through use of a public health paradigm. This Article details the difficulties that localities pursuing such sites and other non-criminal-law responses have faced as a result of both federal and state interference. It contrasts those difficulties with the carte blanche local and state officials typically receive from federal regulators when creatively adopting new punitive policies to combat drugs. In so doing, this Article identifies systemic asymmetries of federalism that threaten drug policy reform. While traditional …

Recognizing The Need For Mental Health Reform In The Texas Department Of Criminal Justice, Kara Mchorse

St. Mary's Law Journal

The ways in which mental health care and the criminal justice system interact are in desperate need of reform in Texas. The rate of mental illness in Texas is higher than the current state of mental health care can provide for. While state hospitals were once the primary care facilities of those with mental illness, the Texas Department of Criminal Justice (TDCJ) has taken on that role in the last few decades; and when the criminal justice system becomes entangled with mental health care, it often leads to “unmitigated disaster.” If Texas continues to allow the TDCJ to act as …

Resentencing Of Juvenile Lifers: The Philadelphia Experience, Tarika Daftary Kapur, Tina Zottoli

Department of Justice Studies Faculty Scholarship and Creative Works

We examined the Philadelphia District Attorney Office’s approach to juvenile lifer resentencing, which began in 2017 under the administration of District Attorney Seth Williams and has continued under the administration of District Attorney Larry Krasner. For cases resentenced as of December 31st, 2019, we describe similarities and differences between the Williams and Krasner administrations in decision making and sentence length reductions, and we report on the recidivism rate and estimated cost savings for Pennsylvania as a result of release.

Addressing Environmental Toxins That Affect Children Through A Children's Rights Framework: Tools To Help You Succeed, Jenifer Cartland

Center for the Human Rights of Children

This toolkit was developed as part of Loyola University Chicago’s Advancing Healthy Homes and Healthy Communities Initiative (HHHCI). This initiative establishes an interdisciplinary university-community-public-private partner- ship to tackle the problem of environmental toxins in homes and communities through a range of activities. This approach integrates a unique set of strategies and tactics, including applied research, public education, organiz- ing, coalition building, legislative and policy advocacy, and policy implementation. HHHCI uses an integrative research and advocacy model to address the public health and hous- ing problems associated with environmental toxins. This approach integrates a unique set of strategies and tactics, including …

Law Library Blog (April 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Domestic Violence: A Comparative Analysis Of Legal Statues In The United States (New York) And The Republic Of India (Mumbai), Lenard G. Gomes Esq.

Student Theses

Domestic violence has continued to be a major global issue effecting many if not all countries in the world. The form domestic violence can take varies from country to country. Laws protecting women from domestic violence also differs as a result This research examines how cultural differences impact domestic violence legislations in the United States and the Republic of India. India was chosen as a comparison jurisdiction because of differing demographics and possible variables in that country.

The primary data source for this study were the numerous enacted legislations pertaining to domestic violence that form the legislative landscape on domestic …

“But I’M Standing Inside Right Now And I Need Help”: Security Projects And The Perceptions Of Campus Security, Andrea Corradi, Carrie B. Sanders, James Popham

Qualitative Criminology (QC)

"Acts of violence at institutions of higher education have been heavily publicized, leading security on post-secondary campuses to become a hotbed issue in the media and in the daily lives of those who attend them. With extensive media coverage of events such as the attack on Jeanne Clery, and the mass shootings at Northern Illinois University, Dawson College, and Virginia Tech, many post-secondary schools are working to enhance their security practices. The present study uses Valverde’s (2001; 2008; 2009; 2010; 2011; 2014) security projects framework to examine the lived experiences of security measures on a Canadian urban-integrated campus. Through semi-structured …

Public Opinion Of The Police In 1930s America: A Qualitative Historiographical Study, Willard M. Oliver

Qualitative Criminology (QC)

"Public opinion polls largely developed post-WWII and questions about the police did not appear until the late 1960s. Since then, over 100+ studies have assessed the modern-day public opinion of the police, but none have looked to public opinion from an earlier time period. This study uses a qualitative historiographical approach for assessing public opinion of the police in the 1930s by drawing on the primary source of a letter exchange between two of that eras greatest pulp writers: Robert E. Howard and H.P. Lovecraft. Findings suggest similarities between the 1930s and present day public opinion of the police."

Jennifer E. Cobbina, Hands Up, Don't Shoot, Joshua R. Ruffin

Qualitative Criminology (QC)

"Issues surrounding police use of excessive force continue to be a longstanding debate in the field of Criminal Justice. In the timely boots-on-the-ground work, Hands Up, Don't Shoot, Jennifer Cobbina amplifies the voices of Ferguson and Baltimore protestors by conducting indepth interviews with residents as it relates to their everyday experience with the police. In Hands Up, Don’t Shoot, Cobbina takes an “and” instead of an “or” approach in understanding the experiences often faced by residents of different intersecting identities in these communities. Further, Cobbina provides readers the opportunity to learn of the racialized experiences of these groups …

Out-Of-School Suspensions: Counter-Narratives From The Student Perspective, Karen Mcelrath, Lori Guevara, Zahra Shekarkhar, Joe M. Brown

Qualitative Criminology (QC)

"Out-of-school suspension (OSS) is a major disciplinary tool that has impacted large numbers of students in the United States. Most research into OSS has drawn exclusively on data collected from school records and other “official” sources, and this body of work has contributed to our understanding of suspension decisions by school officials. Considerably less is known about how students experience out-of-school suspensions. This line of inquiry is important because it captures the student voice and reveals a series of counter-narratives that offer alternative interpretations of students’ behaviors that lead to OSS. The aims of this study were twofold: 1) to …

“Everybody Loses:” Understanding Police Roles And Perceptions Of Domestic Violence Calls, Anjali Fulambarker

Qualitative Criminology (QC)

"To better understand police response to domestic violence, it is useful to consider the perspectives of officers themselves. Through exploratory, in-depth interviews and applying the lens of role theory, this study focuses on police officers’ perceptions of their role in responding to domestic violence, their perceptions of the effectiveness of their response, and challenges they face. Findings suggest that, for these participants, there is an overlap in the different roles they inhabit, as well as limitations and barriers to their response. These limitations and obstacles are a signal that officers may be experiencing role overload, which leads to their frustration …

Incapacitated Fatherhood: The Impact Of Mass Incarceration On Black Father Identity, Dara Lewis, Philip Young P. Hong

Qualitative Criminology (QC)

"Despite the growing body of literature detailing the disproportionate social consequences of mass incarceration to black men, many of whom are fathers, insufficient attention has been given to the extent of damage on fatherhood and father identity in particular. This article examines the consequences of mass incarceration on father identity and the performance of fatherhood among a group of black men. Drawing from rich qualitative data, the study uses the lived experiences and perceptions of a group of formerly incarcerated black fathers. This research found that the incarceration experience significantly disrupted the performance of fatherhood among this group of men …

Tasseli Mckay, Megan Comfort, Christine Lindquist, & Anupa Bir, Holding On: Family And Fatherhood During Incarceration And Reentry, Danielle L. Haverkate

Qualitative Criminology (QC)

"The impact of incarceration on families has received increased focus over the past 20 years. The bulk of examinations have narrowed in on the impact of parental incarceration on children (see Wakefield & Wildeman, 2013), the impact of incarceration on parenting (see Hairston, 2002), and the impacts of incarceration on the partners of those incarcerated (see Roy & Dyson, 2005; Turney, 2015). All of this suggests that family functioning is disrupted during periods of incarceration. Despite this, a large proportion of the literature on family relationships during and after prison focuses on incarcerated mothers (see Ferraro & Moe, 2003; Enos, …

What’S After Good?: The Burden Of Post-Incarceration Life, Quintin Williams, Cesraéa Rumpf

Qualitative Criminology (QC)

"In the current era of mass incarceration, an increasing number of people face the challenge of transitioning from prison to society. Researchers of post-incarceration life have produced a detailed account of the collateral consequences of incarceration, noting the numerous barriers people must overcome as they try to return to society. In this paper, we show how stigma continues to be a structuring force in the lives of the formerly incarcerated. We develop the concept of the burden of post-incarceration life, meaning the structural constraints formerly incarcerated people face and the constant work they undertake to demonstrate and attempt to …

Letter From The Outgoing Editor, Lynne Vieraitis

Qualitative Criminology (QC)

"Welcome to the first issue of Volume 9 of the Journal of Qualitative Criminal Justice & Criminology, and my last issue as editor. I am happy to hand over the position to Scott Jacques from Georgia State University, who has a solid record as a qualitative researcher. The journal is in excellent hands, and I wish Scott and his editorial team the best as they continue to advance the journal and qualitative research."

Explaining The Body-Worn Camera Perspective Bias, Rémi Boivin, Camille Faubert, Annie Gendron, Bruno Poulin

Qualitative Criminology (QC)

"Body-worn cameras (BWCs) can be used to provide video evidence that is expected to help settle cases quickly. The present study explores the assumption that everyone who watches a recorded intervention will have the same understanding of the images. Focus groups were conducted with different people: citizens from the general population, in-training police candidates and cadets, as well as experienced police officers. The aim was to provide insights into how a potential BWC perspective bias affects attitudes towards use of force incidents. Results suggest that the bias has more effect on those without actual experience of police work. In particular, …

“A Victim Is A Victim:” Lgbt Blindness Among Victim Assistance Workers, Michael C. Lasala, James P. Fedor

Qualitative Criminology (QC)

"LGBT crime victims underutilize victim assistance services because they fear secondary victimization by homophobic and insensitive workers and organizations. However, assessment of the perceptions and competence of those working with these populations is largely absent from the literature. To address this gap, we qualitatively investigated 83 victim assistance workers and administrators regarding their practices with LGBT victims. Overall, respondents believed that a victim’s sexual orientation or gender identity was irrelevant, which was well-meaning but potentially perpetuated a type of LGBT cultural blindness to the needs of these populations, not dissimilar to color blindness among some white service providers toward African …

“Driver’S License, Military Id, And Proof Of Registration And Insurance, Please”: Officer Discretion Surrounding Traffic Stops On An Air Force Installation, Steven L. Holman, Don Hummer

Qualitative Criminology (QC)

"Officer discretion is an oft-debated topic in American culture today. A plethora of research has been conducted on how local, county, and state law enforcement officers use their discretionary authority specific to enforcement of moving violations and the initiation of traffic stops, however to date, no such work has been conducted on a policing entity within the United States military. Through observational ride alongs and unstructured discussion with participants, this study breaks that barrier and assesses how one particular Air Force installation’s law enforcement officers exercise their authority."

“Sometimes I’M Just Wearing The Prosecutor Down”: An Exploratory Analysis Of Criminal Defense Attorneys In Plea Negotiations And Client Counseling, Jacqueline G. Lee, John W. Ropp

Qualitative Criminology (QC)

"As plea bargains have proliferated in the criminal justice system, scholars have been working to better understand their mechanics. There have been a few recent examinations of plea bargaining, but the literature lacks qualitative research that gives the defense sufficient attention. Using a sample of courtroom practitioners in one large, urban county, we examine defense attorney bargaining and client counseling tactics. Results demonstrate that defense attorneys use a variety of strategies for negotiation, including sharing humanizing information about their clients with the prosecutor and utilizing delay tactics. Results also suggest that attorneys counsel their clients about plea offers in varying …

Understanding The Motivations Of Citizens To Join A Community Posse Initiative: A Qualitative Analysis, Michael Mcskimming

Qualitative Criminology (QC)

"This qualitative study examines a community posse initiative initiated by the Clearfield County Sheriff’s Office in Pennsylvania in 2015. In this research, we aimed to understand the motivations of volunteers who joined the posse initiative and identify the factors that affect citizens’ decisions to contribute to a volunteer policing effort. To do this, we collected data through semi-structured interviews with posse members and also obtained official data from the Sheriff’s Office. The major findings suggest that participants were motivated to join the posse out of feelings of duty/attachment to the community, a desire to help law enforcement, and a heightened …

Person-Based Proactivity And Community Relations: Examining Police Perspectives In Troubled Times, Vaughn J. Crichlow, Ross Deuchar, Seth Wyatt Fallik

Qualitative Criminology (QC)

"Deadly encounters between police and Black men have led to public outrage and increasing scrutiny of law enforcement. In response, some law enforcement leaders have called for more proactive strategies in high-crime areas. While many have criticized oppressive examples of proactivity, such as stopquestion- and-frisk, others have suggested that proactive approaches could be more effective if tailored to the needs of racial and ethnic minority residents. In this qualitative study, we explore these issues using data collected from interviews and participant observation with police officers at a Southern Police Department located near several low-income ethnic minority neighborhoods. The aim of …

Policing Internet Sex Trafficking, Johnny Nhan, Kendra N. Bowen

Qualitative Criminology (QC)

"Few studies have examined Internet sex trafficking through the lens of law enforcement working these cases. The purpose of this research is to explore the dynamic nature of policing sex trafficking in the online environment. The qualitative data was drawn from interviews with police investigators and detectives who work sex trafficking cases in two urban cities in Texas. The results suggest that the nature of sex trafficking has significantly evolved since the advent of social media, including the strategies for recruitment of workers and clients, making enforcement easier with some aspects and much more difficult with others. Additionally, law enforcement …

The Inluence Of Traditional Police Culture On The Activities Of School Resource O��Cers, Benjamin W. Fisher, F. Chris Curran, Samantha Viano, John Skinner

Qualitative Criminology (QC)

"School resource officers (SROs) have become increasingly prevalent in U.S. public schools, yet critics suggest that there is an inherent incompatibility between the cultures of police and education. However, research has not examined the extent to which some of the potentially incompatible elements of police culture exist among SROs. This study examines three elements of traditional police culture that are likely to be particularly incompatible with school settings— suspicion, danger anticipation, and unpredictability. Given SROs’ involvement in roles such as teaching and informal counseling that extend beyond the typical duties of police officers, it is unclear whether these elements of …

“I’Ve Never Been Straight Up Robbed Like That”: Resident Perceptions And Experiences Of Inner-City Police Raids, Marta-Marika Urbanik, Carolyn Greene

Qualitative Criminology (QC)

"Empirical research has consistently demonstrated that residents of disadvantaged and racialized inner-city neighborhoods across North America are subjected to disproportionate and omnipresent policing. Consequently, relationships between law enforcement officials and marginalized community members are often strained. Whilst a robust body of literature has examined how citizens perceive “every day” policing practices such as “carding,” stop and search, etc., it remains unclear how citizens perceive more invasive policing encounters—such as police raids. Drawing upon 35 interviews with residents of Toronto’s inner-city, this paper explores how community members experience, make sense of, and talk about police raids. Our data uncover widespread perceptions …

Plugging The Pipeline: Prosecutors And Educators Collaborating To Eliminate The School To Prison Pipeline, Hunter Taylor, Gerry Lopez, Evelyn Essenwanger, Hunter Taylor

National Youth Advocacy & Resilience Conference

Ideal for law enforcement, educators, and all citizens working with youth at-risk, this unique presentation explains how prosecutors in one of the nation’s largest counties have engaged local school districts, community based organizations, and even ex-gang members to create an award winning Crime Prevention Unit designed to keep youth in the classroom and out of the criminal justice system.