Criminal Law Commons^™

In The Shadow Of Shular: Conduct Can Unify The Disjointed Categorical Approaches, Sheldon Evans

Scholarship@WashULaw

The categorical approach, which is the method federal courts use to ‘categorize’ which state law criminal convictions can trigger an enhanced sentence under the Armed Career Criminal Act (ACCA), is one of the most confusing doctrines in criminal sentencing. For thousands of criminal offenders every year, the categorical approach determines whether a previous state law conviction—as defined by the legal elements of the crime—sufficiently matches the elements of the federal crime counterpart that justifies imposing the ACCA’s harsh fifteen-year mandatory minimum sentence. But this elements-based categorical approach has unwittingly undermined one of the most important principles in our determinative sentencing …

Race And Reasonableness In Police Killings, Jeffrey A. Fagan, Alexis D. Campbell

Faculty Scholarship

Police officers in the United States have killed over 1000 civilians each year since 2013. The constitutional landscape that regulates these encounters defaults to the judgments of the reasonable police officer at the time of a civilian encounter based on the officer’s assessment of whether threats to their safety or the safety of others requires deadly force. As many of these killings have begun to occur under similar circumstances, scholars have renewed a contentious debate on whether police disproportionately use deadly force against African Americans and other nonwhite civilians and whether such killings reflect racial bias. We analyze data on …

Improving Law Enforcement’S Victim-Centric Responses To Sexual Assault: Global Best Practice Catalog, Ayesha Ashraf, Sebastián Galleguillos Agurto, Frederick Geyer, Kamela Gjoka, Jasmine Hwang, Stanley Montinat, Jessica Moor, Pierre Reyes, Tara Ventimiglia, Hongda Xu

Publications and Research

This catalog was compiled as part of a U.S. State Department Diplomacy Lab Project entitled “Improving Law Enforcement’s Victim-Centric Responses to Sexual Assault,” in fall semester of 2019, for American Citizens Services, US Embassy Bangkok. It is intended to cover best practices in law enforcement response to sexual assault across the globe, including laws, policies and programs.Ten multilingual graduate students in the capstone seminar of the Master of Arts Degree Program in International Crime and Justice at John Jay College of Criminal Justice (CUNY) established criteria for inclusion and standardized elements for each entry in this catalog. The ultimate aim …

When Cute Becomes Criminal: Emoji, Threats And Online Grooming, Marilyn M. Mcmahon, Elizabeth A. Kirley

Minnesota Journal of Law, Science & Technology

No abstract provided.

How Gun Control Laws Affect Homicide, Abbey Maloney

Honors Theses

Homicide is an ever-prevalent problem in the United States (U.S.). One solution that is often turned to is the implementation of stricter gun control laws. This causes much divide as many citizens are not in agreement about whether or not these laws do what they are intended to. The aim of this study was to determine whether or not gun control laws have an effect on homicide, and, if so, what this effect is. The U.S. states were evaluated in several different categories to determine how strict or lax their gun laws were. They were scored using the number of …

Comparing The Violent Crime Trends In Select States To The National Trends To Determine Differences Between Crimes, States, And Regions, Alexandra N. Kremer

The Downtown Review: An Interdisciplinary Journal Written and Peer-Reviewed by Mandel Honors College Students at Cleveland State University

Violent crimes include crimes such as murder, rape, robbery, and assault. The FBI in the UCR breaks these down into Type I, crimes against the person, and Type II, property crimes, offenses. The FBI also divides the country into four regions: West, South, Northeast, and Midwest. Each of these regions are examined, through the use of two states from each, here. Their overall violent crime rates and trends, and their specific Type I offensive rates and trends, are examined against the national data and against each other. Several theories are used to explain the potential causes of the differences in …

Getting Out: Bruce Bryant’S Climb To Redemption Inside Prison, Rachel M. Rippetoe, Sean Sanders-Mills

Capstones

Bruce Bryant, 50, was convicted of the murder of 11-year-old Travis Lilley in June 1996. Bryant maintains he never fired a weapon that day in 1993. But he recognizes that his lifestyle as a young person — he started dealing drugs when he was 14 — contributed to an environment in which a stray bullet could take a young life. And for that reason, he’s spent most of his 25 years in prison working to help young people.

With at least 12 more years on his sentence, Bryant is now asking the governor for early release, with the hope that …

Impact Of High Profile Police Use Of Force Incidents On Violent Crime Rates, Megan Galante

Honors Theses

This research study examined the relationship between high-profile police use of force incidents and local violent crime rates. It is important to analyze the impact that police use of force has on the respective community in regard to crime rates. This study analyzed three incidents of police use of force that have received extensive coverage in the media in order to determine if there was a change in the rates of violent crime in that city. The theory of de-policing suggests that in the aftermath of a high-profile incident of police brutality, police departments in the area change their behaviors …

A Venue To Grow: Researching Professional Growth In The Collaborative Courts Of The Northern District Of California, Wyatt Lim-Tepper

Master's Projects and Capstones

This study examines the professional growth of collaborative court staff in the Northern District of California (NDCA). First, it sets forth a background that reviews the history of collaborative courts and details the development, purpose and structure, and current processes at the federal level. Second, the researcher describes the framework of the NDCA as an institution and further identifies the stakeholders who participate in the NDCA’s two collaborative courts: the Reentry Court and the Conviction Alternatives Program (CAP). Third, the study reviews the literature on professional growth in the legal field, education and academia, and public-health fields. Fourth, this paper …

Money Laundering In The Commercial Sex Market In The United States, Youngbee Dale

Dignity: A Journal of Analysis of Exploitation and Violence

This paper describes money laundering techniques used by different criminal organizations operating in the U.S. sex market. Prior to this study, scholars have not investigated money laundering techniques used in the U.S. sex market in a comprehensive manner. This paper describes and categorizes methods used for money laundering. It discusses the similarities and differences in money laundering techniques in the U.S. sex markets. Current challenges to combating money laundering are reviewed and recommendations are made to strengthen the ongoing fight against money laundering in the U.S. sex markets.

Awareness Of Sex Offender Registration Policies And Self-Reported Sexual Offending In A Community Sample Of Adolescents, Cynthia J. Najdowski, Hayley M. D. Cleary

Psychology Faculty Scholarship

Sex offender registration laws are widely implemented, increasingly restrictive, and intended to serve both specific and general deterrent functions. Most states have some form of policy mechanism to place adolescents on sex offender registries, yet it remains unclear whether adolescents possess the requisite policy awareness to be deterred from sexual offending. This study examined awareness of sex offender registration as a potential sanction and its cross-sectional association with engagement in several registrable sexual behaviors (sexting, indecent exposure, sexual solicitation, and forcible touching) in a community sample of 144 adolescents. Results revealed that many adolescents were unaware that these behaviors could …

Critical Reviews Of Flawed Research On Prostitution, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

The Effects Of Criminal Embeddedness On School Violence In Brazil, Braulio Figueiredo Alves Da Silva, Silvio Segundo Salej Higgins, Elenice Desouza Oliveira

Department of Justice Studies Faculty Scholarship and Creative Works

This study examines the influence of criminal embeddedness on the intensity of criminal behavior among primary and secondary school students in a large Brazilian city. A database conceived by the Center for the Study of Crime and Public Security at the Federal University in Minas Gerais is used to analyze the involvement of youths displaying delinquent behavior at home or at school and how school performance and peer relationships are effected. Based on differential association and learning theories, the main hypotheses are (1) the greater the criminal embeddedness, the lower the degree of school satisfaction as well as future expectation …

Terrorism And Its Legal Aftermath: The Limits On Freedom Of Expression In Canada’S Anti-Terrorism Act & National Security Act, Percy Sherwood

FIMS Publications

This analysis aims to demonstrate how s. 83.221 in Bill C-51 is likely to violate freedom of expression guaranteed under the Charter. The first section employs the two-step Irwin Toy analysis to show that the speech offense infringes upon s. 2(b) of the Charter. The second section uses the Oakes test to determine whether the breach of freedom of expression is a reasonable limit. On whether the speech offense can be justified under s. 1 of the Charter as a reasonable limit, the legislation fails at the third and fourth step of the Oakes test. Section three of this paper …

Systems Of Crime And Castigation: A Reevaluation Of The Punishment Bureaucracy, Lia Pikus

Independent Study Project (ISP) Collection

Models of reform within the criminal justice system often operate from a top-down perspective, affecting change on surface levels to attempt to better the system. One example of such a reform is Scotland’s Presumption Against Short Sentences. These kinds of changes, as I will illustrate in this paper, both fall short of achieving genuine change and often produce negative side effects. However, a few countries have made deeper changes to the ways their systems both view and handle crime and punishment; one such system is Norway. Through rehabilitation and restorative justice, Norway has greatly decreased rates of recidivism, increased social …

Law Versus Action: How Five Cape Town Organizations Are Combating High Rates Of Sexual Assault And The Failure Of Progressive Sexual Offences Legislation, Anna Tinker

Independent Study Project (ISP) Collection

This Independent Study Project (ISP) seeks to understand the work various Cape Town organizations are doing to help survivors of sexual assault gain access to justice. Previous research finds that social norms defining masculinity as well as rape myths and stereotypes lead to the high levels of gender-based violence (GBV) in South Africa. This research led to my hypothesis that organizations fighting GBV would target these norms to help survivors access the justice system that so frequently ignores them. Eight organizations were contacted requesting an interview to discuss their work and two agreed to participate. Participants were asked to discuss …

Texas, The Death Penalty, And Intellectual Disability, Megan Green

St. Mary's Law Journal

Abstract forthcoming

Handcuffing The Vote: Diluting Minority Voting Power Through Prison Gerrymandering And Felon Disenfranchisement, Rebecca Harrison Stevens, Meagan Taylor Harding, Joaquin Gonzalez, Emily Eby

The Scholar: St. Mary's Law Review on Race and Social Justice

For the purposes of legislative redistricting, Texas counts prison populations at the address of the prison in which they are incarcerated at the time of the census, rather than their home prior to incarceration—regardless of whether the prisoners themselves maintain a residence in their home communities and intend to return home after incarceration. This deprives those home communities of full representation in the redistricting process. Combined with Texas’s felon disenfranchisement laws, this also results in arbitrarily bolstering the representational power of some Texans on the backs of other Texans who themselves are unable to vote. All of this takes place …

Aggrieved Entitlement In The Ivory Tower: Exploratory Qualitative Results From A Large-Scale Campus Climate Survey, Walter S. Dekeseredy, Kathryn Burnham, Robert Nicewarner, James Nolan, Amanda K. Hall-Sanchez

Qualitative Criminology (QC)

"A number of key risk factors are associated with racist, sexist, and homophobic practices on North American college campuses. However, one additional determinant that has thus far been overlooked is male aggrieved entitlement. Using exploratory qualitative data gleaned by the Campus Quality of Life Survey administered at a large college in the South Atlantic region of the United States, the main objective of this article is to help fill a major research gap by showing that aggrieved entitlement is a correlate that warrants more attention in future empirical and theoretical work on campus climates."

It’S Dirty Work But Someone Has To Do It: An Examination Of Correctional Officer Taint Management Techniques, Scott Chenault, Brooke Collins

Qualitative Criminology (QC)

"Since the 1950s scholars have applied the term dirty work to occupations that society views as demoralizing or disgusting. Occupations are labeled as dirty when they require work which is physically, socially and/or morally tainted. Correctional officers experience pervasive levels of all three types of taint while working in a low prestige occupation. This article relies on ethnographic data to examine how occupational stigma management techniques are taught to new officers and what techniques are most prominent. The findings indicate that new officers are taught occupational ideologies regarding stigma management primarily through sense-making and storytelling. We find that officers manage …

Ethically Representing Drug Use: Photographs And Ethnographic Research With People Who Use Methamphetamine, Heith Copes, Whitney Tchoula, Jared Ragland

Qualitative Criminology (QC)

"The use of photographs in criminological research can be an important tool for both collecting data and illustrating findings. When used in published research, photographs can aid in viewers connecting with the subject matter and the participants. However, photographs can also reify and reinforce cultural stereotypes. We believe that the potential damage done by including photographs can be mitigated when the photographs are properly contextualized. Our aim here is to argue for the value of contextualized photographs in research with those who engage in crime or deviance. We illustrate how by including the stories of participants and ourselves we can …

An Analytical History Of Black Female Lynchings In The United States, 1838-1969, David V. Baker, Gilbert Garcia

Qualitative Criminology (QC)

"Narratives on the lynching of black females in the United States have rarely commanded much more than minor postscripts in the lynching scholarship, thus leaving the historical picture of lynching violence incomplete and distorted. To correct for this unfinished portrait of American lynchings, the present work provides a contextual history on black females victimized largely by white male terrorists. To distinguish black female lynchings and bring into sharper focus the wretched horror suffered by black women and young black girls, this work constructs an inventory of 188 confirmed cases of black females lynched mostly by white mobsters from 1838 to …

“I Did What I Believe Is Right”: A Study Of Neutralizations Among Anonymous Operation Participants, Kimberly A. Detardo-Bora, Erica N. Clark, Bill Gardner

Qualitative Criminology (QC)

"Our knowledge of online activists or hacktivists is growing, but it is still far from complete. The reasons why some of these individuals violate computer laws or how they justify their behavior remains elusive, yet one particular framework that lends itself to understanding a hacker or hacktivist’s belief system is Sykes and Matza’s (1957) neutralization theory. The present study involved a content analysis of publicly available commentary found online and made by participants in Anonymous operations against United States targets from 2008-2013. Over 13,000 words were analyzed, and of the 384 passages of text and phrases, roughly 62% of passages …

#Jesuisparis?: An Appeal To Hypocrisy And Justifications For Mass Casualty Violence, Karyn Sporer, Michael K. Logan, Gina S. Ligon, Doug C. Derrick

Qualitative Criminology (QC)

We draw from Sykes and Matza’s techniques of neutralization theory to interpret how Islamic State and the Levant (ISIL) soft-sympathizers justify violence perpetrated by ISIL. Data come from Tweets associated with ISIL-affiliated accounts that occurred within 24 hours of three high-profile ISIL-attributed attacks: Paris, Nice, and Orlando. Our findings suggest that condemnation of the condemners was a particularly salient neutralization technique used to point out the perverse motives and inconsistent behaviors of Western armed forces, media, and the public. More specifically, we found that the condemnation of the condemners was underlined by three specific claims: (1) comparable violence, (2) …

Chicago's School Closings: From A Civil Rights Perspective To A Human Rights Perspective, Lincoln Hill

Center for the Human Rights of Children

In May 2013, the Chicago Board of education approved a plan to close 49 of the city’s elementary schools and one of its high schools1 resulting in the largest mass school closure in United states history.2 Those against the school closings argued that the decision was discriminatory considering the racial and socioeconomic disparities of children directly affected. With Black children representing just 40% of the district’s students, 80% of the children impacted by the closings were Black students living in predominantly Black and impoverished neighbor- hoods in the south and West sides of the city.

Despite national criticism and protests …

Criminal Arrests In Clark County, Nevada, By Jurisdiction 2006-2016, Elia Del Carmen Solano-Patricio, Caitlin Saladino, William E. Brown Jr.

Criminal Justice

Criminal arrests in Southern Nevada are on a downward trend. Despite a record-setting influx in population across the Las Vegas Valley and the surrounding metro area, officers in each of Clark County’s police jurisdictions arrest fewer people every year. The present study utilizes the Arrest Trends Tool created by the Vera Institute of Justice and the FBI’s Uniform Crime Reporting (UCR) Program to measure the number of arrests made over ten years for a variety of illegal activities, including drug abuse, violence and murder, property crimes, sex crimes, alcohol-related crimes, theft, white collar crimes, and other offenses. This data set …

The Role Of Eyewitness Confidence And Prosecution/Defense Presentation In How Facial Composites Shape Juror Decision-Making, Rebecca E. Singh

Student Theses

Eyewitness testimony has been found to be an unreliable form of evidence (Loftus, Miller & Burns, 1978; Oswald & Coleman, 2007; Wells & Hasel, 2007; Loftus & Greenspan, 2017; Jaross, 2018; Wade, Nash, & Lindsay, 2018; Wixted, Mickes, & Fisher, 2018). Yet, this evidence is still used in the courts today, and, in fact, is perceived by jurors as important and compelling in comparison to other case factors (e.g., character evidence, physical evidence; Topp-Manriquez, McQuiston, & Malpass, 2014; Kabzińska, 2015). Additionally, eyewitnesses are sometimes requested to help create a facial composite of the suspect and, critically, these composites are then …

Mental Health Jail Diversion: A Therapeutic Approach To Offending In Twenty-First Century America, Ryan J. Parent

Criminology Student Work

This analysis is concerned with understanding the facets of criminal justice diversion programs that successfully improve the mental wellbeing of participants and, as a subsequent effect, reduce offending amongst the mentally ill populous in the United States. An inquiry of pre-program and post-program data from both adult and juvenile mental health specific programs reveals that participation amongst both groups shows a meaningful reduction in new/repeat offending in comparison to non-participants. The data shows that the expansion of law enforcement Crisis Intervention Team’s (CIT’s) has a compounding effect to the positive results. A review of these programs in Australia indicates that …

Conversation With Jody Raphael About "Decriminalization Of Prostitution: The Soros Effect", Heather Brunskell-Evans

Dignity: A Journal of Analysis of Exploitation and Violence

George Soros and Open Society Foundation are supporting the decriminalization of prostitution by funding organizations around the world to advocate for this legal change. Heather Brunskell-Evans (FiLiA podcasts, London) interviews Jody Raphael, Senior Research Fellow, Schiller DuCanto & Fleck Law Center, DePaul University College of Law, Chicago, Illinois, USA, about her research on this topic and discusses her article "Decriminalization of Prostitution: The Soros Effect."

Does The Decriminalization Of Prostitution Reduce Rape And Sexually Transmitted Disease? A Review Of Cunningham And Shah Findings, Lily Lachapelle, Clare Schneider, Melanie Shapiro, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

In 2013, research findings by Cunningham and Shah claimed that rape and sexually transmitted diseases were reduced by decriminalized prostitution in Rhode Island. The original unpublished claims have received wide media coverage which have gone unexamined. This review finds errors in their analyses. One error is the date when prostitution was decriminalized in Rhode Island. Cunningham and Shah claim that prostitution was decriminalized in 2003. Our analysis finds the date of decriminalization of prostitution was 1980. The change in the start date of decriminalization significantly alters the analysis and the findings. Another error results from Cunningham and Shah using an …