Criminal Law Commons^™

The Influence Of Religion On The Criminal Behavior Of Emerging Adults, Christopher Salvatore, Gabriel Rubin

Department of Justice Studies Faculty Scholarship and Creative Works

Recent generations of young adults are experiencing a new life course stage: emerging adulthood. During this ‘new’ stage of the life course, traditional social bonds and turning points may not be present, may be delayed, or may not operate in the same manner as they have for prior generations. One such bond, religion, is examined here. Focusing on the United States, emerging adulthood is investigated as a distinct stage of the life course. The criminality of emerging adults is presented, a theoretical examination of the relationship between religion and crime is provided, the role of religion in emerging adults’ lives …

The Predictors Of Juvenile Recidivism: Testimonies Of Adult Students 18 Years And Older Exiting From Alternative Education, La Toshia Palmer

Dissertations

Purpose: The purpose of this descriptive, qualitative study was to identify and describe the importance of the predictors of juvenile recidivism and the effectiveness of efforts to prevent/avoid juvenile recidivism as perceived by previously detained, arrested, convicted, and/or incarcerated adult students 18 years of age and older exiting from alternative education in Northern California. A second purpose was to explore the types of support provided by alternative schools and the perceived importance of the support to avoid recidivism according to adult students 18 years of age and older exiting from alternative education.

Methodology: This qualitative, descriptive research design identified …

Acknowledgments, Howard S. Carrier

International Journal on Responsibility

Serious work to bring the International Journal on Responsibility to life commenced during the summer of 2015. In the intervening period between conceptualization and publication, many organizations and individuals within James Madison University and the wider community have contributed enormously to bringing the journal to fruition.

Who Is Responsible For Ethical Legal Education, For What And To Whom? Case Of Kosovo, Sabiha Shala, Gjylbehare Muharti

International Journal on Responsibility

Legal education continues to be one of the most demanded areas of study from the younger generation in Kosovo. As result, the number of law graduates is quite high. On the other hand, the rule of law sector is quite fragile, judges and lawyers are perceived by parts of the society to be ethically dysfunctional. The trust in judicial institutions is quite low. The debate which is going on now is whose main responsibility for such a situation that is. Is the duty of the higher education institutions providing legal education, or is it a responsibility of educational institutions at …

Resolving The Paradox Of Holding People Responsible, Hal Pepinsky

International Journal on Responsibility

Regardless of justification, it is commonplace throughout the U.S. criminal justice system as in everyday life to teach our offenders and children alike that wrong actions “have consequences,” namely, those authority figures promise to impose upon them. We do so in the name of holding people responsible for their actions, or in legal parlance in civil law, holding them accountable or liable. I noticed that in Norwegian, responsibility, accountability and liability translate into one word, ansvar, which I have translated from Germanic to Latin roots as “responsiveness.” In practice, the state of being responsive to others with whom one conflicts …

Political Flip-Flopping, Political Responsibility, Current Governance, And The Disenfranchised, T.Y. Okosun

International Journal on Responsibility

No abstract provided.

What Does Responsibility Mean To Me?, Arun Gandhi

International Journal on Responsibility

No abstract provided.

Who Is Responsible To Do What For Whom? A Letter From The Editor-In-Chief, Terry Beitzel

International Journal on Responsibility

No abstract provided.

Pearl Lagoon's White Lobster: The Societal, Economic, Political And Autonomous Effects, Rafely Palacios

Independent Study Project (ISP) Collection

The Atlantic Coast of Nicaragua is home to the greatest number of impoverished individuals in the country. However, the people of Pearl Lagoon - a municipality in the South Caribbean Coast Autonomous Region - have found a way to escape their poor economic situations.

Due to the municipality’s close proximity to drug routes utilized by Colombian cartels and to the country itself, community members have turned to the drug trade in hopes of pursuing financial secureness. With the introduction of the “white lobster” or cocaine packets, the community as a whole has transformed its social, economic, and political spheres. In …

Beyond The Movement: State Action In Addressing Campus Sexual Violence, Amijo Wadena

Political Science Theses and Capstones

The "Me Too" movement, started by actress Alyssa Milano, has helped shine a light on the prevalence of sexual harassment and sexual violence throughout the country. While it has helped the public understand the magnitude of the issue, it has only started the conversation about sexual violence. And while the focus has mostly been on Hollywood, there has been one area that is being overlooked; sexual violence on College and University campuses. With Secretary DeVos' repeal of Obama era policies, the current administration is being a lot less transparent when it comes to sexual violence, in general. With policy-making responsibility …

Smoke But No Fire: When Innocent People Are Wrongly Convicted Of Crimes That Never Happened, Jessica S. Henry

Department of Justice Studies Faculty Scholarship and Creative Works

Nearly one-third of exonerations involve the wrongful conviction of an innocent person for a crime that never actually happened, such as when the police plant drugs on an innocent person, a scorned lover invents a false accusation, or an expert mislabels a suicide as a murder. Despite the frequency with which no-crime convictions take place, little scholarship has been devoted to the subject. This Article seeks to fill that gap in the literature by exploring no-crime wrongful convictions as a discrete and unique phenomenon within the wrongful convictions universe. This Article considers three main factors that contribute to no-crime wrongful …

The Normalization Of Prostitution In Switzerland: The Origin Of Policies, Corinne Isler, Marjut Jyrkinen

Dignity: A Journal of Analysis of Exploitation and Violence

In this article, we examine how socio-political actors frame prostitution and problems attached to the phenomenon and what types of policies they suggest. The sex trade in Switzerland has been tolerated since 1942, and prostitution is protected under the economic freedom guaranteed by the Swiss constitution. Any critique of prostitution is viewed as counterproductive, claimed to be rooted in old-fashioned ideas about sexuality and thought to worsen the situation for women who sell sex. The role of sex buyers is largely obscured, and the presumed right to buy sex remains unquestioned.

Liability For Mass Sexual Abuse, Tsachi Keren-Paz, Richard Wright

All Faculty Scholarship

When harm is caused to victims by multiple injurers, difficult issues arise indetermining causation of, legal responsibility for, and allocation of liability forthose harms. Nowhere is this truer than in child pornography and sex traffickingcases, in which individuals have been victimized over extended periods oftime by hundreds or even many thousands of injurers, with multiple and oftenoverlapping victims of each injurer. Courts (and lawyers) struggle with thesesituations for a simple reason: they insist on applying tests of causation thatfail when the effect was over-determined by multiple conditions. The failure toproperly understand the causation issue has exacerbated failures to properlyunderstand and …

Qualitative Approach To Understanding Guardian Models Of Policing, Jacqueline B. Helfgott, Beck M. Strah, Joycelyn Pollock, Loren T. Atherley, John Vinson

Qualitative Criminology (QC)

Since 2015, there has been a growing interest and controversy regarding the “warrior” versus “guardian” models of policing. This article discusses the concept of guardian policing and uses qualitative data from an evaluation of guardian-based training in a police academy to highlight guardian concepts as understood by the trainers. Results suggest that trainers generally exhibit a widespread level of support and commitment towards the guardian model and the priorities of guardian training, view the model as consistent with what has traditionally been considered “good policing,” and believe that critics do not understand the basic elements of the model itself, …

Graffiti With A Purpose: Sexual Violence & Social Justice Conversations In University Bathroom Stalls, Rachel E. Green, Miriam Northcutt Bohmert, Amanda N. Gesselman, Rasul Mowatt, Jennifer Maher, Justin R. Garcia

Qualitative Criminology (QC)

In 2014, our university began posting educational fliers in bathroom stalls across campus in order to share resources and policies on sexual violence, which spurred numerous forms of graffiti commentary about sexual violence prevention and response. Since some scholars have argued that bathroom graffiti can be a unique form of social commentary and even resistance facilitated by the tension of doing semi-private things in semi-public spaces, we examined 429 bathroom stall fliers across 11 heavily trafficked campus buildings, and a total of 177 graffiti comments/images. We then analyzed the relationships between comments in order to answer research questions about the …

Routledge Handbook Of Graffiti And Street Art, Jeffrey Ian Ross (Editor), Andrew C. Gray

Qualitative Criminology (QC)

Expressing oneself by depicting images on public surfaces for others to view is a system of communication that has been around since the earliest societies formed and developed their own languages. This tradition of public communication has continued into the present in the form of graffiti and street art. The development of contemporary graffiti and street art is often attributed to the scenes in Philadelphia and New York City, which arose during the 1970s. In fact, it has been contended that these art forms spread to and mixed with graffiti/street art scenes across the globe due to NYC’s status as …

Criminal Genius: A Portrait Of High-Iq Offenders, James C. Oleson, Allen Copenhaver

Qualitative Criminology (QC)

Criminology has a long history of attempting to discover and explain what some researchers claim are links between biological characteristics and criminal behavior. More specifically, some criminologists have explored the potential linkages between IQ and criminal behavior (i.e. see the work of Lombroso, Beaver, and Hirschi, among others). James C. Oleson continues this line of research with his 2016 book Criminal Genius: A Portrait of High-IQ Offenders. Oleson’s work is unique in that it is the first attempt to systematically examine the potential links between individuals with high IQs and criminal behavior. To accomplish this, Oleson uses a mixture …

Susan F. Sharp, Susan Marcus-Mendoza, Kathleen A. Cameron, Elycia S. Daniel-Roberson, Across The Spectrum Of Women And Crime: Theories, Offending, And The Criminal Justice System, Aneesa A. Baboolal

Qualitative Criminology (QC)

In Across the Spectrum of Women and Crime: Theories, Offending, and the Criminal Justice System, edited by Susan F. Sharp (The University of Oklahoma), Susan Marcus-Mendoza (The University of Oklahoma), Kathleen A. Cameron (Pittsburg State University), and Elycia S. Daniel-Roberson (Texas Southern University), interdisciplinary perspectives that examine multiple dimensions of women’s offending grounded in feminist theory are presented across three sections of the book. This edited volume first focuses on theoretical perspectives of women and crime including addressing intersectional social locations related to gender, race, class, and sexual orientation. The second section examines a variety of female offenders including …

Proxy Punishment: Consequences Of Informal Sanctions Among Families Of Offenders In Japan, Mari Kita

Qualitative Criminology (QC)

This study demystifies the nature of societal reactions to crime in Japan and their consequences on the family members of those who have trouble with the law. Over a 20-month period in metropolitan areas in Japan, participant observation and in-depth interviews were conducted with 50 mothers, fathers, wives, and sisters of those who had broken the law. Major findings include the role that the media and criminal justice authorities play in triggering the informal labeling of offenders’ kin. Families’ strong ties to communities also rendered them particularly vulnerable to the effects of informal sanctions, even more so than offenders themselves. …

A Diversity Course For Criminal Justice Undergraduate Students: A Preliminary Evaluation, Nancy Hirschinger-Blank, Lori Simons, David Fernandez

Qualitative Criminology (QC)

Racially-involved police community incidents demonstrate the urgent need for educating future criminal professionals to work in a multicultural environment. We present a qualitative evaluation of a criminal justice diversity course designed to broaden university students' multicultural attitudes, knowledge, and skills. Results indicated that most students reportedly experienced a decrease in biases, described the importance of learning about cultural differences, acknowledged minorities’ negative attitudes toward the criminal justice system, and reported intentions to serve as fair and open-minded criminal justice professionals. Students also showed a significant increase in empathy across the semester.

The Deweyan Approach To Learning Victim Advocacy: Seeing Beyond Stigmas And Facilitating Second Chances, Ashley Peake Wellman, Sherri Dioguardi

Qualitative Criminology (QC)

Fundamentally, criminal justice practitioners are public safety promoters, yet safety can be compromised if a divide exists between them and the communities they serve. The best way to train future criminal justice practitioners may be found in the progressive education proposed by John Dewey in the early 20th-century. Dewey’s experiential approach, specifically service-learning, has gained traction as an effective teaching tool for broadening perspectives, deepening understanding of diverse populations, and fostering higher order reasoning, all of which are critical characteristics for criminal justice professionals as well as for all American citizens. Undergraduate students participated in service-learning during a semester-long honors …

Book Review: La Muerte Del Verdugo: Reflexiones Interdisciplinarias Sobre El Cadáver De Los Criminales De Masa, Vincent Druliolle

Genocide Studies and Prevention: An International Journal

Review of La Muerte del Verdugo. Reflexiones Interdisciplinarias Sobre el Cadáver de los Criminales de Masa, ed. Séviane Garibian (Buenos Aires: Miño y Dávila editores, 2016)

Sadomasochism: Descent Into Darkness, Annotated Accounts Of Cases, 1996-2014, Robert Peters

Dignity: A Journal of Analysis of Exploitation and Violence

A collection of accounts of sadomasochistic sexual abuse from news reports and scholarly and professional sources about the dark underbelly of sadomasochism and the pornography that contributes to it. It focuses on crimes and other harmful sexual behavior related to the pursuit of sadistic sexual pleasure in North America and the U.K. It is intended to be a resource to educate people about how sadomasochism can lead to harmful and even deadly sadistic sexual behavior.

Exploring Places Of Street Drug Dealing In A Downtown Area In Brazil: An Analysis Of The Reliability Of Google Street View In International Criminological Research, Elenice De Souza Oliveira, Ko-Hsin Hsu

Department of Justice Studies Faculty Scholarship and Creative Works

This study assesses the reliability of Google Street View (GSV) in auditing environmental features that help create hotbeds of drug dealing in Belo Horizonte, one of Brazil’s largest cities. Based on concepts of “crime generators” and “crime enablers,” a set of 40 items were selected using arrest data related to drug activities for the period between 2007 and 2011. These items served to develop a GSV data collection instrument used to observe features of 135 street segments that were identified as drug dealing hot spots in downtown Belo Horizonte. The study employs an intra-class correlation (ICC) statistics as a measure …

Moral Mode Switching: From Punishment To Public Health, Stephen Koppel

Dissertations, Theses, and Capstone Projects

A public health response to drug offenses has potential to improve both public safety and public health. However, the public’s desire for retribution represents a possible hindrance to reform. Relying on dual-process theory of moral decision-making, this dissertation examines agreement among laypeople about the relative blame deserved for various crime types, and probes several possible predictors of support—the need for cognition (“NFC”), intergroup bias, and free-will doubt—for retributive as well as consequentialist responses to crime. Findings from several web-based experiments show: (a) in comparison to core crimes (eg., murder) substantially less agreement about the relative blame deserved for noncore crimes …

City Harvest Case And The Separation Of Powers, Yihan Goh

Research Collection Yong Pung How School Of Law

Verdict provides important example of how the courts and Parliament play different roles in Singapore's legal system. The Court of Appeal last week upheld the reduced sentences passed in the City Harvest Church (CHC) case. Six former church leaders were charged with having conspired to commit the aggravated offence of criminal breach of trust (CBT) as an "agent" under Section 409 of the Penal Code. Departing from the earlier interpretation that had stood for the past 40 years, the court decided that Section 409 applied only to professional agents, which the former church leaders were not. The charges were reduced …

Fulfilling U.S. Commitment To Refugee Resettlement: Protecting Refugees, Preserving National Security, & Building The U.S. Economy Through Refugee Admissions, Harvard Immigration And Refugee Clinical Program

Texas A&M Law Review

At a time when the U.S. refugee admissions program is under serious threat and the world’s displaced population is at its highest, this Report sets forth extensive recommendations regarding the United States’ role in protecting vulnerable refugees and compliance with its commitments under domestic and international law that together safeguard people fleeing persecution and fearing return to torture. The Report also identifies key national security reasons for supporting and enhancing the refugee program in keeping with U.S. foreign policy priorities. Additionally, the Report provides an in-depth discussion of the robust, multistep security-assessment mechanisms already in place for screening refugees; offers …

Fear-Based Provocation, Michal Buchhandler-Raphael

Scholarly Articles

This Article offers three major contributions to challenge existing view of provocation: first, it considers psychological research that found that fear, similarly to anger, may also significantly interfere with individuals’ decision making processes by disturbing rational judgment, therefore sometimes leading to lethal aggression. Second, drawing on this research, this Article argues that provocation doctrine should be reconstructed to also include a fear-based prong. Third, recognizing fear-based provocation calls for rejecting the loss of control paradigm that currently dominates judges’ and jurors’ perception of the defense. In its place, this Article advocates focusing on the fearful defendant’s fear of violence threatened …

Gun Violence: Chicago, Illinois, Kayla Dillon

Global Issues in Public Health

Gun violence has been, and continues to be, a significant problem in Chicago, Illinois. There have been several programs in place that have worked towards improving the level of gun violence. One of the most noticeable being Project Safe Neighborhood, which began in 2001. Part of what makes these programs, and programs similar to it, necessary is that it targets the populations most at-risk of gun violence. By targeting these specific regions of the city, these programs can provide the resources necessary to improve the condition of the city in the long-term, as well as prevent the condition from spreading …

Evidence-Informed Criminal Justice, Brandon L. Garrett

Faculty Scholarship

The American criminal justice system is at a turning point. For decades, as the rate of incarceration exploded, observers of the American criminal justice system criticized the enormous discretion wielded by key actors, particularly police and prosecutors, and the lack of empirical evidence that has informed that discretion. Since the 1967 President’s Commission on Law Enforcement and Administration of Justice report, The Challenge of Crime in a Free Society, there has been broad awareness that the criminal system lacks empirically informed approaches. That report unsuccessfully called for a national research strategy, with an independent national criminal justice research institute, along …