Criminal Law Commons^™

Anger From Within: The Role Of Emotions In Disengagement From Violent Extremism, Pete Simi, Steven Windisch, Daniel Harris, Gina Ligon

Qualitative Criminology (QC)

"There is growing recognition about the similarities between generic criminality and violent extremism. Using data derived from a unique set of in-depth life history interviews with 40 former U.S. white supremacists, as well as previous studies of criminal desistance, we examine the emotional valence that characterizes actors' descriptions of the disengagement process. More specifically, results suggest that negative emotions (i.e., anger and frustration) directed toward the extremist group and oneself function as a catalyst for disengagement. Negative emotions become a source of motivation in re-evaluating the relative importance of the group as it relates to the individual. Ultimately, the reevaluation …

Definitions Favorable To Terrorism? Sssl And Radicalization: A Case Study Approach, Jennifer Varriale Carson, Patrick Andres James

Qualitative Criminology (QC)

"Although social structure and social learning (SSSL) theory has oft been proposed as a general theory of crime, it has rarely been applied to that which qualifies as ideologically-motivated. We seek to rectify this notable gap in the research by examining the suitability of an SSSL framework to radicalization; an understudied, yet vital process to enacting evidence-based counterterrorism efforts. Utilizing a “most likely” case study approach, we find several themes consistent with SSSL principles, primarily within its social learning constructs. We conclude that SSSL does indeed offer promise for explaining all forms of crime including acts of terrorism."

Introduction To The Special Issue On Terrorism, Thomas J. Holt

Qualitative Criminology (QC)

"As noted by several scholars, there has been a massive growth in research related to terror and extremism in the wake of the 9/11 attacks in the United States. Federal agencies have invested millions of dollars in funding to understand violent extremism, particularly through the use of quantitative assessments of behavior. As a result, there are several widely recognized databases of terror and extremist violence against targets in the US and abroad."

The Emergence Of Violent Narratives In The Life-Course Trajectories Of Online Forum Participants, Philippa Levey, Martin Bouchard

Qualitative Criminology (QC)

"Online discussion forums have been identified as an online social milieu that may facilitate the radicalization process, or the development of violent narratives for a minority of participants, notably youth. Yet, very little is known on the nature of the conversations youth have online, the emotions they convey, and whether or how the sentiments expressed in online narratives may change over time. Using Life Course Theory (LCT) and General Strain Theory (GST) as theoretical guidance, this article seeks to address the development of negative emotions in an online context, specifically whether certain turning points (such as entry into adulthood) are …

A Mixed Method Examination Of Law Enforcement Investigatory Strategies Used In Jihadi And Far-Right Foiled Terrorist Plots Before And After 9/11, Brent R. Klein, Jeff Gruenewald, Steven M. Chermak, Joshua D. Freilich

Qualitative Criminology (QC)

"Empirical research on the law enforcement strategies used to prevent terrorism has increased since the September 11, 2001 terrorist attacks. Yet, few studies have examined how these preventative approaches vary based on terrorists’ ideological affiliations and across time. This study thus explores the similarities and differences in law enforcement investigatory strategies used to thwart global jihadi and farright terrorist violence prior to and since the 9/11 terrorism events. Employing a convergent parallel mixed method research design, our study analyzes both quantitative and qualitative data on 86 terrorism enterprise investigations from the U.S. Extremist Crime Database (ECDB). The quantitative data analyses …

The Gendered Burdens Of Conviction And Collateral Consequences On Employment, Joni Hersch, Erin E. Meyers

Journal of Legislation

Ex-offenders are subject to a wide range of employment restrictions that limit the ability of individuals with a criminal background to earn a living. This Article argues that women involved in the criminal justice system likely suffer a greater income-related burden from criminal conviction than do men. This disproportionate burden arises in occupations that women typically pursue, both through formal pathways, such as restrictions on occupational licensing, and through informal pathways, such as employers’ unwillingness to hire those with a criminal record. In addition, women have access to far fewer vocational programs while incarcerated. Further exacerbating this burden is that …

Social Media, Venue And The Right To A Fair Trial, Leslie Y. Garfield Tenzer

Elisabeth Haub School of Law Faculty Publications

Judicial failure to recognize social media's influence on juror decision making has identifiable constitutional implications. The Sixth Amendment right to a fair trial demands that courts grant a defendant's change of venue motion when media-generated pretrial publicity invades the unbiased sensibility of those who are asked to sit in judgment. Courts limit publicity suitable for granting a defendant's motion to information culled from newspapers, radio, and television reports. Since about 2014, however, a handful of defendants have introduced social media posts to support their claims of unconstitutional bias in the community. Despite defendants' introduction of negative social media in support …

Texas Indian Holocaust And Survival: Mcallen Grace Brethren Church V. Salazar, Milo Colton

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

When the first Europeans entered the land that would one day be called Texas, they found a place that contained more Indian tribes than any other would-be American state at the time. At the turn of the twentieth century, the federal government documented that American Indians in Texas were nearly extinct, decreasing in number from 708 people in 1890 to 470 in 1900. A century later, the U.S. census recorded an explosion in the American Indian population living in Texas at 215,599 people. By 2010, that population jumped to 315,264 people.

Part One of this Article chronicles the forces contributing …

Skinning The Cat: How Mandatory Psychiatric Evaluations For Animal Cruelty Offenders Can Prevent Future Violence, Ashley Kunz

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

In 2017, the Texas legislature amended Texas Penal Code § 42.092, which governs acts of cruelty against non-livestock animals. The statute in its current form makes torturing, killing, or seriously injuring a non-livestock animal a third degree felony, while less serious offenses carry either a state jail felony or a Class A misdemeanor charge.

While a step in the right direction, Texas law is not comprehensive in that it fails to address a significant aspect of animal cruelty offenses: mental illness. For over fifteen years, Texas Family Code § 54.0407 has required psychiatric counseling for juveniles convicted of cruelty to …

Reforming Recidivism: Making Prison Practical Through Help, Katelyn Copperud

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

While Texas has long been recognized as “Tough Texas” when it comes to crime, recent efforts have been made to combat that reputation. Efforts such as offering “good time” credit and more liberal parole standards are used to reduce the Texas prison populations. Although effective in reducing prison populations, do these incentives truly reduce a larger issue of prison overpopulation: recidivism?

In both state and federal prison systems, inmate education is proven to reduce recidivism. Texas’s own, Windham School District, provides a broad spectrum of education to Texas Department of Criminal Justice inmates; from General Education Development (GED) classes to …

Gambling Treatment Diversion Court: First In Nevada, Denise F. Quirk Ma, Carol O'Hare, Cheryl Moss Jd, Dayvid Figler Esq., Sydney Smith M.A.

International Conference on Gambling & Risk Taking

The first Gambling Treatment Diversion Court was established in Las Vegas, Nevada in fall of 2018 following more than 25 years of effort by passionately concerned non-profit Executives, therapists, lawyers and judges. This panel represents one leader from each of those areas, including Judge Cheryl Moss, the first judge to open the Gambling Treatment Diversion Court (GTDC), Dayvid Figler, the first attorney to successfully represent a gambling client and refer her to the GTDC, Carol O'Hare, Executive Director of the non-profit Nevada Council on Problem Gambler with 25+ years leadership and advocacy for problem gamblers, Sydney Smith, M.A., Clinical Director …

Scientific Evidence Admissibility: Improving Judicial Proceedings To Decrease Erroneous Outcomes, Leica Kwong

Themis: Research Journal of Justice Studies and Forensic Science

In the United States, Federal Rules of Evidence 702, the Frye and Daubert standards govern the admissibility of scientific evidence in the courtroom. Some states adopted Frye while others adopted Daubert, causing varying judicial outcomes. The verdicts in some cases may be erroneous due to a nationally used standard. Frye has broad criteria of requiring scientific evidence to be generally accepted. While Daubert contains more requirements for the evidence to be admissible, such as peer review, publication, and scientific principles. Daubert, alongside FRE 702, provides a thorough guideline for trial judges who have the gatekeeping role to decide admissibility aiming …

Physical Match: Uniqueness Of Torn Paper, Marilyn Aguilar

Themis: Research Journal of Justice Studies and Forensic Science

In the forensic science field, it is generally accepted that all tears and fractures are unique; however, there is limited scientific evidence to support this. This study tests the claim that all tears are unique, focusing on paper. One-hundred Office Depot brand 3” x 5” blank, white index cards were torn in half by hand. Six halves were randomly removed; the remaining 94 halves were mixed and then matched by a novice using end-match analysis. The removal of the 6 random halves left 44 matching pairs. Of the remaining halves, all 44 pairs were correctly matched. The results show that …

Justifying Justice: Six Factors Of Wrongful Convictions And Their Solutions, Colby Duncan

Themis: Research Journal of Justice Studies and Forensic Science

There have been over 300 post-conviction DNA exonerations in the history of the United States. While this number may initially seem significant, there is still an unfathomable population of wrongfully convicted prisoners who have yet to be considered for retrials. Unaddressed wrongful conviction cases highlight the unacceptable weaknesses in the U.S. justice system, weaknesses that include poor investigative tactics and the acceptance or allowance of inaccurate and unreliable evidence. This paper will dutifully analyze the causes that lead to wrongful convictions and amply discuss potential solutions, all of which includes eyewitness misidentification, improper forensics, false confessions, informants, government misconduct, and …

Justice Begins Before Trial: How To Nudge Inaccurate Pretrial Rulings Using Behavioral Law And Economic Theory And Uniform Commercial Laws, Michael Gentithes

William & Mary Law Review

Injustice in criminal cases often takes root before trial begins. Overworked criminal judges must resolve difficult pretrial evidentiary issues that determine the charges the State will take to trial and the range of sentences the defendant will face. Wrong decisions on these issues often lead to wrongful convictions. As behavioral law and economic theory suggests, judges who are cognitively busy and receive little feedback on these topics from appellate courts rely upon intuition, rather than deliberative reasoning, to resolve these questions. This leads to inconsistent rulings, which prosecutors exploit to expand the scope of evidentiary exceptions that almost always disfavor …

A Rhetorical Analysis Of Opening Statements In Trial: Reconsidering The Classical Canon Of Invention, Andrew Chandler

Undergraduate Theses

This analysis of 21 opening statements probes at current persuasive practices employed by trial attorneys through the lens of mainstream legal advice and an expanded definition of rhetorical invention – one which includes both discovery and creation. An evaluation of such practice reveals the utility, and furthermore the duty of the advocate, to draw upon an expanded realm of available arguments.

Socioeconomic Influences On Property Crime Rates: A Study In Virginia's Counties, Mary Passley

Student Scholar Showcase

Most research on factors and causes of crime, whether property or violent crime, focuses on individuals’ behavior or their surrounding environment. In this research, I explore the idea of socioeconomic factors correlated to property crime. I conducted a retrospective design to fully explore United States Census data and crime data gathered by the Bureau of Justice Statistics to discover statistically significant variables connected to property crime. Significant findings were shown by average people per house and retail sales per capita in all counties. Additional significant findings were percent employment change and percent with high school degree or higher in low …

The Policing Of Prosecutors: More Lessons From Administrative Law?, Aaron L. Nielson

Dickinson Law Review (2017-Present)

On a daily basis, prosecutors decide whether and how to charge individuals for alleged criminal conduct. Although many prosecutors avoid abusing this authority, prosecutors’ discretionary decisions might result in biased enforcement, inappropriate leveraging of authority, and a lack of transparency. These problems also arise when agency enforcement officials decide whether to act on conduct that violates a legal prohibition.

An inherent tension between the desire to avoid overburdening the system and the need to prevent inconsistent decision-making exists in the exercises of both prosecutorial discretion and regulatory enforcement discretion. It is clear from the similarities between the two that administrative …

Prosecutorial Misconduct: Mass Gang Indictments And Inflammatory Statements, K. Babe Howell

Dickinson Law Review (2017-Present)

This Article examines inflammatory statements by prosecutors in the context of mass gang indictments. I contend that inflammatory remarks not only harm the justice system and defendants, particularly minorities, but also that, when prosecutors craft and repeat hyperbolic narratives about vicious gang wars, prosecutors may come to believe the narratives and become effectively blinded to the fact that these narratives are improper, unfair, and untrue. First, I review the professional rules, standards, and case law that prohibit. Then, drawing on press releases and trial transcripts from two mass gang indictments in New York City, I demonstrate how prosecution statements exaggerate …

The Fire Rises: Refining The Pennsylvania Fireworks Law So That Fewer People Get Burned, Sean P. Kraus

Dickinson Law Review (2017-Present)

On October 30, 2017, the General Assembly of Pennsylvania passed an act that repealed the state’s fireworks law, which had prohibited the sale of most fireworks to Pennsylvanian consumers for nearly 80 years. The law’s replacement generally permits Pennsylvanians over 18 years old to purchase, possess, and use “Consumer Fireworks.” Bottle rockets, firecrackers, Roman candles, and aerial shells are now available to amateur celebrants for holidays like Independence Day and New Year’s Eve. The law also regulates a category of larger “Display Fireworks,” sets standards for fireworks vendors, and introduces a 12-percent excise tax on fireworks sales that serves to …

Prosecutorial Discretion: The Difficulty And Necessity Of Public Inquiry, Bruce A. Green

Dickinson Law Review (2017-Present)

Prosecutors’ discretionary decisions have enormous impact on individuals and communities. Often, prosecutors exercise their vast power and discretion in questionable ways. This Article argues that, to encourage prosecutors to use their power wisely and not abusively, there is a need for more informed public discussion of prosecutorial discretion, particularly with regard to prosecutors’ discretionary decisions about whether to bring criminal charges and which charges to bring. But the Article also highlights two reasons why informed public discussion is difficult—first, because public and professional expectations about how prosecutors should use their power are vague; and, second, because, particularly in individual cases, …

Between Brady Discretion And Brady Misconduct, Bennett L. Gershman

Dickinson Law Review (2017-Present)

The Supreme Court’s decision in Brady v. Maryland presented prosecutors with new professional challenges. In Brady, the Supreme Court held that the prosecution must provide the defense with any evidence in its possession that could be exculpatory. If the prosecution fails to timely turn over evidence that materially undermines the defendant’s guilt, a reviewing court must grant the defendant a new trial. While determining whether evidence materially undermines a defendant’s guilt may seem like a simple assessment, the real-life application of such a determination can be complicated. The prosecution’s disclosure determination can be complicated under the Brady paradigm because …

The Impact Of Prosecutorial Misconduct, Overreach, And Misuse Of Discretion On Gender Violence Victims, Leigh Goodmark

Dickinson Law Review (2017-Present)

Prosecutors are failing victims of gender violence as witnesses and when they become defendants in cases related to their own victimization. But it is questionable whether that behavior should be labeled misconduct. The vast majority of these behaviors range from misuses of discretion to things that some might consider best practices in handling gender violence cases. Nonetheless, prosecutors not only fail to use their discretion appropriately in gender violence cases, but they take affirmative action that does tremendous harm in the name of saving victims and protecting the public. The destructive interactions prosecutors have with victims of gender violence are …

"I Assumed Chicago Would Be In The Forefront": Comments On The Movement To End Prostitution With Survivor-Leader Brenda Myers-Powell, Jody Raphael

Dignity: A Journal of Analysis of Exploitation and Violence

For many years in the 2000’s, researcher Jody Raphael, teamed with prostitution-survivor Brenda Myers-Powell, undertook a myriad of speaking engagements in the Chicago metropolitan area, intended to raise awareness of the violence and coercion in the sex trade industry. Ten years ago, they were asked to make a video of their presentation. Recently, Dignity editors came across the video and asked for an update on the conversation. This piece is the result.

Voices Unheard: Women And Their Children In Nepal’S Incarceration System, Aune Nuyttens, Mikayla Rose

Independent Study Project (ISP) Collection

This research project focused on women in Nepal’s incarceration system. Our goal was to hear and share their stories with the hopes of humanize and de-stigmatize perceptions of female prisoners in and outside of Nepal. A central component to these stories, as we learned, was also the story of prisoner’s children and the NGOs who provide assistance to this vulnerable group of women and their children. The researchers travelled to the east and west of Kathmandu to visit rural and urban prisons in Nepal, and visited various children homes, however the research was based out of Kathmandu, where many of …

Heien V. North Carolina And Significant Interpretive Court Cases: An Empirical Examination Of Police Officers’ Perceptions And Knowledge, Michael De Leo

Master of Science in Criminal Justice Theses & (Pre-2016) Policy Research Projects

This empirical study examines legal aspects of policing in relation to the recent, landmark United States Supreme Court case of Heien v. North Carolina. In Heien, the Court found that objectively reasonable mistakes of law by police can support traffic stops. By doing so, it extends the permissible margin of error for stops by law enforcement officers. Due to the potential, far-reaching implications of the Heien decision, including implications for law enforcement and for the Fourth Amendment privacy protections of individuals, it is important to better understand how the lower courts have interpreted and applied Heien. Therefore, …

Meaning-Making Through Narrative: Extending Narrative Analysis For Criminological Examination Of Documentary Film, Charissa Crépault Weir

Qualitative Criminology (QC)

"In this paper, I demonstrate how an understanding of narrative and the tools of narrative analysis can help criminologists unpack the techniques of meaning-making employed in media representations, including documentary films about imprisonment. Since media help to shape, though do not determine, public perceptions of crime and criminal justice, it is useful for criminologists to examine not just media content (i.e. what is said), but also how media constructions advance arguments that are presented as self-evidently true. Narrative structure offers one way for journalists to organize content in a persuasive and emotionally appealing manner and to embed arguments and interpretations …

The Social Camouflage And Everyday Masks Of The Constyle Serial Rapist: A Sociological Analysis Of Newspaper Accounts, Clara Fesmire, Thomas Vander Ven, Lauren Wright

Qualitative Criminology (QC)

"Research suggests that serial rapists use more sophisticated techniques and possess more specialized awareness than average single-victim offenders (Park, Schlesinger, Pinizzotto & Davis, 2008). Although there is a substantial body of literature on the attack styles of offenders, data and theoretical models on the interactional styles and performance rituals of serial rapists are relatively scarce. The current study uses a qualitative analysis of major American newspaper accounts to discuss the behavioral patterns and performance styles of the con-style serial rapist as depicted by crime reporters. The con rapist uses deceptive persuasion and everyday disguises ( e.g., posing as a police …

Harlem Pimps' Accounts Of Their Economic Pathways And Feelings Of Insiderness And Outsiderness, Amber Horning, Christopher Thomas, Sara Jordeno

Qualitative Criminology (QC)

"This study analyzes semi-structured interviews with 85 pimps in New York City to explore how pimps discuss their economic pathways - i.e., how their pimping leads to distinct types of work outcomes and how they discuss their associated feelings and attitudes. We compare younger (18-23) to older (24-67) pimps, anticipating that younger participants would be more adaptive and produce discourse less entrenched in outsider thinking. Pimps' movements between licit and illicit work worlds mirror those of drifters (Matza, 1964) and align with Murphy and Robinson's (2008) concept of maximizers (i.e., economically benefiting from both work worlds simultaneously). Younger pimps, despite …

Jeff Ferrell, Drift: Illicit Mobility And Uncertain Knowledge, Travis Milburn

Qualitative Criminology (QC)

"Today, one does not have to look hard for examples of populations in flux. From war refugees abandoning familiar lands for safety to migratory workers in search of economic opportunities, drift is not only a defining feature of the contemporary world, but it is indeed a global phenomenon. In Jeff Ferrell's Drift: Illicit Mobility and Uncertain Knowledge, we see drift in action in North America and experience the history of hoboing through a cultural, social, and political narrative. While there are many readily accessible examples of the phenomenon of drift in the world, this book shows that drift is …