Criminal Law Commons^™

When Childcare Becomes A Crime Space In Contemporary Indonesia, Isyana Kurniasari Konoras, Dr. Dra. Vinita Susanti, M.Si

Jurnal Kriminologi Indonesia

Abstract. The increasing incidence of violence against children in daycare institutions reflects a structural crisis in contemporary child protection systems. This study examines the violence case at Little Aresha Daycare in Yogyakarta to identify the criminogenic factors underlying abuse in institutional childcare settings. The research applies a normative-empirical qualitative method through media-based case studies, legal analysis, and criminological interpretation. The findings demonstrate that violence emerged from the convergence of three major factors: structural strain experienced by caregivers, weak capable guardianship within daycare institutions, and the normalization of abusive disciplinary practices. Robert K. Merton’s Strain Theory explains how economic and occupational …

Impunity: A Case Study Of Sex Trafficking In Nevada Brothel Prostitution, Christen Price

Dignity: A Journal of Analysis of Exploitation and Violence

It is well-documented that legalization and other forms of official protection for prostitution lead to an increase in sex trafficking, including by encouraging demand for prostitution. This paper will consider the relationship between official protection, organized crime, and sex trafficking in pro-prostitution legal regimes, both historical and contemporary. Prostitution is legal in rural counties in Nevada that have fewer than 700,000 residents, if prostitution occurs within a brothel. There is significant overlap between sex trafficking and legal brothel prostitution in Nevada, as well as a nexus to corruption and organized crime, illustrating the normalization of coercion that occurs within legalized …

Sex Buying, Sex Trafficking, And Organized Crime: Introduction To A Special Issue, Marcel Van Der Watt, John A. Winterdyk

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

The Confluence Of Conflict-Induced Vulnerability, Organized Crime, And Sex Trafficking In Receiving States: A South African Civil Society Perspective, Monique Emser

Dignity: A Journal of Analysis of Exploitation and Violence

The crime-conflict nexus has been well-documented in conflict-affected and post-conflict states. Criminal networks make use of manifold methods and strategies to exploit individual and structural vulnerabilities, particularly those affected by war, displacement, and precarious migration journeys, forming the backbone of most conflict-induced trafficking ecosystems, whether in countries of origin, transit, or receipt. This article examines the intersection of sex trafficking, diaspora communities, and organized crime within South Africa as a receiving state from a civil society perspective. It underscores the deficiencies in traditional, reductionist, enforcement-based approaches to counter-trafficking by the state, where nested subsystems, such as those produced by endemic …

Behind The Screen: Online Sex Buyer Networks And The Organized Criminal Promotion Of Exploitation, Ava Kamdem, Vanessa Bouché, Ben Silver, Nick Freeman, Justin Euteneier

Dignity: A Journal of Analysis of Exploitation and Violence

This study investigates the extent to which online sex buyer communities in the United States function as organized criminal networks pursuant to the United Nations Convention against Transnational Organized Crime’s definition of organized criminal groups. Drawing from theories of organized crime, social network analysis, and digital ecosystems, we conceptualize sex buyers not as isolated actors but as participants in coordinated, mutually reinforcing networks that share information to facilitate exploitation, mitigate risk, and sustain criminal behavior. To test this framework, we scraped over 1.2 million posts from a publicly accessible sex buyer forum, comprising 72,974 unique users and nearly 800,000 direct …

Stop Blaming My Users: Illumination Of The Technocentric Mythos Bias, Ervin H. Frenzel, Richard Lightcap

Journal of Cybersecurity Education, Research and Practice

 Abstract -This conceptual essay addresses the need for systemic and systematic transdisciplinary analytical techniques within cybersecurity and technical security. This conceptual essay is contingent upon recognition that cybersecurity is not simply technical in nature, it does not need an adversary, and more importantly it is based upon systems engineering and systems thinking.  The essay contributes a socio-technical attribution chain and field-specific ontology/taxonomy which distinguish user-triggered events from root causes, latent conditions, technical debt, validation failures, governance failures, and attribution bias before assigning responsibility to end users. It systematically defines an ontology inclusive of developer technical debt, organizational debt arising from …

Perceptions Of Legitimacy In Three Forms Of Probation Supervision For People With Serious Mental Illness, Sophia Sarantakos, Emily Claypool

Qualitative Criminology (QC)

"In the context of criminal-legal community supervision, standard and specialized probation officers are often tasked with coordinating services for adults diagnosed with serious mental illness (SMI) on their caseloads. The coordination of services varies across different programs including traditional probation, specialty probation, and mental health court. Given the proliferation of programs focused on mental health in the criminal-legal system, the perspectives of front-line workers or street-level bureaucrats in criminal-legal agencies are a rich source of information about what is happening on the ground and could provide insights into the potential translational barriers of policy to practice. A deeper examination of …

From Acrimony To Forgiveness: How Adolescents Make Sense Of Childhood Maltreatment, Katherine Irwin

Qualitative Criminology (QC)

"This paper examines 16 adolescents’ narratives about the abuse they experienced during childhood. To date, most research examining child abuse (CA) survivorship and recovery has been conducted with adults who look back on their early experiences. Consequently, this study fills gaps in our knowledge by offering a youth-centered view of survivors’ efforts to cope with CA. The data come from a 12-year qualitative study of a group counseling program for high school students in Hawaiʻi. The findings revealed that a minority (n = 2) of the teens had negative views of their lives and futures, while the majority (n = …

A Content Analysis Of The Sutherland Address, 2001-22: A Qualitative Exploration, Phillip Shon

Qualitative Criminology (QC)

"Previous indicators of scholarly influence have been primarily quantitative, measuring a scholar’s influence through citation counts. This body of literature has overlooked the reflections of distinguished scholars, such as the recipients of the Sutherland Award, in the discipline as a form of scholarly influence. The current paper examines the Sutherland Address from 2001 to 2022. The key findings indicate that the majority of Sutherland Addresses reproduced existing sociological canons, while a minority of Sutherland Award winners explicitly rejected Sutherland’s sociological assumptions and their influence on criminology. Such findings suggest that Sutherland exerts a hidden influence on the recipients of the …

A Qualitative Analysis Of Gender Inequality In Southeast Missouri Law Enforcement Agencies, Madeline Marie Whistler, Christopher Bradley, H. Hamner Hill

Qualitative Criminology (QC)

"Does gender inequality impact the careers of female law enforcement officers in the Southeast Missouri region? Using a qualitative single instrumental case study, seven cis-gendered female law enforcement officers who were employed at local law enforcement agencies within the Southeast Missouri region were interviewed to investigate the central research question. Four themes emerged from the data that illustrated their experiences: sexual exploitation and harassment, a lack of work-life balance, the presence of gender stereotypes, and patriarchal hierarchy and male dominance in the workplace. The findings suggest that the experiences of female law enforcement officers are heavily impacted by the behavior …

A Plea For Open Access To Qualitative Criminology: With A Python Script For Anonymizing Data And Illustrative Analysis Of Error Rates, Scott Jaques, Andrew Wheeler

Qualitative Criminology (QC)

"Qualitative researchers are expected, sometimes required, to publish their data open access (OA). This is for the sake of science, impact, and social justice. Yet, understandably, qualitative criminologists are worried about what this means for their workload and their ability to protect subjects’ confidentiality. To be solutions-oriented, we developed an open-source Python script for anonymizing qualitative data. It uses named-entity recognition and fuzzy-rule based merging to identify and replace personally identifiable information (PII) with unique pseudonyms. This tool doesn’t eliminate the need for manual work, but it reduces the cost and associated risk. In this article, we describe and explain …

Making Noise Through Law: Indigenous Legal Mobilisation Against A Power Plant In “French” Guiana, Pierre Auzerau

Tipití: Journal of the Society for the Anthropology of Lowland South America

In so-called “French” Guiana, or Guyane, the Kali’na village of Atopo Wipi has fought for years against a hydrogen power plant being built on their land. Drawing on ethnographic fieldwork conducted between 2023 and 2024 in Guyane and Western Europe, where I collaborated with various stakeholders to support Atopo Wipi’s resistance to the power plant, my research focuses on the legal dimensions of the Kali’na’s struggle to protect their land. Specifically, this article examines how the Kali’na navigated different normative frameworks, including international human rights standards and French law, to fight the project. Through this analysis, I show how the …

Men’S Courts Or Women’S Laws? Domestic Violence, Men’S Rights Activism, And The Specter Of False Cases, Arushi Gupta

LL.M. Essays & Theses

In the late 1970s and early 1980s, Indian newspapers and magazines began reporting stories of domestic abuse in matrimonial homes ranging from women subjected to dowry demands, beatings, everyday mistreatment, financial control, expulsion from the home, and even being burnt to death. Feminists recognized this as an urgent issue to respond to as these reports highlighted that domestic violence is endemic. Everybody knew a victim. Their own mothers, sisters, friends and, in some cases, they themselves were facing violence within marriage. The lobbying of women’s groups helped prompt the passage of Section 498A in 1983, which criminalized cruelty against women …

How Gender Impacts Mock Jurors’ Receptiveness To Aggravating And Mitigating Evidence In Capital Trials, Jolie E. Parker

Undergraduate Theses

This study examines how gender influences mock jurors’ receptiveness to aggravating and mitigating evidence in capital trials. Drawing on prior research that highlights the critical role of mitigation in reducing death sentences and persistent gender differences in death penalty attitudes, this study addresses a gap in the literature by analyzing how gender shapes responses to specific types of evidence rather than general support for capital punishment. Using a quantitative survey of 209 participants, the research analyzes Likert-scale responses measuring how various aggravating and mitigating factors impact sentencing preferences. Results indicate a weak but consistent relationship between gender and receptivity to …

Gender And Emotional Expression In The Courtroom: Mock Juror Perceptions Of Attorney Effectiveness, Emma Cantrell

Undergraduate Theses

This quantitative study examines how gender and emotional expression influence mock jurors' perceptions of an attorney's courtroom effectiveness. Using mock jurors, this study extends previous research suggesting that assertiveness and emotional displays are evaluated differently by gender. Participants were randomly assigned to view one of four closing statements in a mock burglary trial. The videos were of either a male or a female attorney delivering a passive or an aggressive argument. Participants then evaluated the attorney’s effectiveness across four categories: competence, persuasiveness, ability to instill confidence, and emotionality. Male participants generally rated female attorneys as less effective than female participants …

Listening To Survivors: A Community Conversation, Jonathan Jackson

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Core Elements Of Policy Solutions, Audrey Morrissey

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Somebody's Watching Me: Modern Abusers Use Modern Methods Of Control, Savannah Molyneaux

Kentucky Law Journal

No abstract provided.

Online Recruitment For Interview Participants Impacted By The Criminal Legal System, Sarah Lageson, Carolina R. Caliman, Elsa Chen, Ericka Adams

Qualitative Criminology (QC)

"As technology has altered communication, qualitative criminologists have turned to digital spaces for a cost-effective approach to recruit participants who have been impacted by the criminal legal system. This paper analyzes the limits and benefits of online recruitment, detailing our experience recruiting 93 interviewees online for a qualitative study of criminal record expungement. We compare three approaches: social media advertisements, Amazon’s crowdsourced MTurk platform, and the opt-in survey platform Prolific, and analyze the financial and labor costs associated with each. We detail our experience individually screening 685 interested participants to obtain 86 qualitative interviews suitable for analysis. Our experience shows …

Fragmented Responses: Variability In Law Enforcement And Prosecutorial Approaches To Sexual Assault Cases, Veronica Gonzalez

Qualitative Criminology (QC)

"Sexual assault (SA) remains a pervasive issue in the United States, marked by low reporting rates, inconsistent investigations, and limited convictions. In response, researchers and practitioners have promoted a range of best practices aimed at improving law enforcement and prosecutorial responses. This qualitative study draws on interviews with 13 law enforcement agencies and 12 prosecutors' offices to explore how recommended practices—such as victim advocacy, specialized units, interagency collaboration, and case reviews—are interpreted and operationalized in the field. Findings reveal substantial variability, shaped not only by resource availability but also by leadership priorities, organizational culture, and the ambiguity of guidance documents. …

To Protect And To Serve? A Phenomenological Exploration Of Interactions Between Black Transgender Women And Law Enforcement In The Midwest, Anthony Banks, Kelli E. Canada, Erin L. Robinson, Mansoo Yu, Lynn Mie Itagaki

Qualitative Criminology (QC)

"Current research indicates transgender women of color are experiencing what is being referred to as an “epidemic of violence.” Law enforcement personnel are in a unique position to mitigate this violence among transgender women of color, however past research shows that law enforcement may in some instances perpetuate already existing violence with this population instead of preventing and intervening in these situations. This study aimed to add to the limited research by using an intersectional theoretical framework to better understand these interactions. Research questions were answered using a phenomenological research design. Data from 36 semi-structured interviews with Black transgender women …

"This Is Not A Scam!": Assessment Of An Awareness Raising Program Tackling Older Adults' Scam Victimization In A Multi-Method Study, Katalin Parti, Pamela Teaster, Susanna Rinehart, Charles Dye

Qualitative Criminology (QC)

"Interactive theatre has long been used to educate and empower communities and prevent crime across all age groups. Although older populations are disproportionately victimized through fraudulent online schemes, effective educational interventions, like interactive theatre, have not been utilized to increase crime awareness. This paper describes an explorational research project, analyzing the results of a theatre-based fraud awareness program aimed towards educating victims and their communities about scams targeting older people. The study employs a mixed-method research design to examine program impact. In applying multifaceted tools of data collection, such as survey, participant observation, and follow-up interviews, the research team identified …

Aging On Parole: A Thematic Analysis Of The Parole Officer’S Perspective, Angela Murolo

Qualitative Criminology (QC)

"A growing proportion of people leaving prison are over 50 years old and will live at least temporarily under the supervision of a parole officer. While recidivism rates are lower for older people, there are physical, mental, and societal challenges that accompany advancing age that make successful reentry and reintegration a challenging experience compared to their younger counterparts. This presents novel challenges for parole officers who are tasked with supervising and counseling elderly people on parole. Surveys containing closed and open-ended questions were administered to N=25 parole officers to understand the differences in working with, counseling, and supervising older and …

Facing State-Created Danger In Facial Recognition Technology, Esha Jain

Washington Law Review

When the police wrongfully arrest someone, that person faces distinct harms. Various scholarship, news articles, and studies document that AI-powered facial recognition technology (FRT) disproportionately misidentifies individuals from marginalized racial groups when used irresponsibly. Many of those sources indicate that police reliance on FRT without adequate vetting results in wrongful arrests. Yet law enforcement continues to misuse FRT.

This Comment contends that the 42 U.S.C. § 1983 state-created danger doctrine offers a potential remedy for plaintiffs harmed by police reliance on FRT. To prevail under this doctrine, plaintiffs must prove affirmative conduct, deliberate indifference, and proximate causation. If successful, these …

When Words Flow Like Water: How The Enbridge Line 3 Pipeline Environmental Impact Statement Failed To Prevent Hydrogeologic Harm In Minnesota, Carly Gutzmann

Journal of Earth and Life Science

For the aquifers of Minnesota, the environmental impact statement (EIS) was a promise of protection that never left the page. An environmental impact statement is meant to be an aid in the decision making process in order to ensure that projects consider potential environmental harms that may occur. However, they are often used instead as another regulatory box to check, rather than as active considerations when planning. As such, a project plan can be flawed from the start—if project developers only consider environmental impacts after they have already put considerable time, effort, and funding into their project as-is, they may …

System Disparities: Racial Criminalization And The Risk Of Coerced And False Confessions In Youth, Cynthia J. Najdowski

Psychology Faculty Scholarship

Black youth may be even more vulnerable than other youth to admitting to crimes they did not commit in the context of police interrogations. In support, analysis of data from the National Registry of Exonerations indicates that 65% of people who were wrongfully convicted on the basis of false confessions they gave when under 18 years old are Black, whereas only 14% of the U.S. population is Black. In this chapter, I seek to understand the overrepresentation of Black youth in samples of juvenile false confessors by examining the cultural stereotype about Black criminality in relation to both investigators and …

The Empirical Double Standard: Opinion Surveys Across The Civil–Criminal Divide, Kay L. Levine, Bernard Chao

Faculty Articles

Across different legal domains, liability doctrines recognize the value of community input. But do courts truly listen to the community’s voice when deciding these sorts of cases? This study is the first to explore how courts treat community opinion survey evidence within both civil and criminal law. To that end, we comprehensively examine trademark, false advertising, patent, antitrust, obscenity, death penalty, and search cases.

Our research uncovers a significant asymmetry: Courts readily admit survey evidence in civil proceedings but systematically exclude it in criminal cases. This asymmetry does not appear to stem from structural differences between civil and criminal litigation …

Conspiracy And Social Movements, Steffen Seitz

Michigan Law Review

Conspiracy prosecutions of social movements are on the rise. From anti-“Cop City” protesters in Atlanta to pro-Palestinian protesters in California, prosecutors are increasingly wielding conspiracy law to suppress social movements. This development is troubling. Social movements have long served as vital engines of democratic self-governance; they crystallize issues, foster public discourse, and mobilize citizens. Yet conspiracy law endangers these movements— and thus democracy—by targeting what makes them work: public expression and social ties between activists.

This Article makes three significant contributions to our understanding of this threat. First, it demonstrates that a charge of conspiracy requires remarkably little—just the appearance …

Women’S Exposure To Incel Content, Perceived Safety, And Gender-Based Violence Risk In The United States, Deja Bledsoe

Criminology & Criminal Justice Theses

The rapid proliferation of incel-related content across digital platforms has raised concerns about online misogyny and its potential impact on women’s perceived safety. However, less is known about how exposure to such content shapes women’s perceptions of risk and emotional responses in everyday digital environments. This study examines the relationship between exposure to incel-related content and women’s perceived risk of gender-based violence and safety-related anxiety. Guided by strain theory, social control theory, hegemonic masculinity, and intersectionality, the study employs an anonymous cross-sectional online survey of women aged 18 and older. Quantitative analyses were conducted to assess whether exposure to incel-related …

The Influence Of Adverse Childhood Experiences On Female Violent Offending: A Scoping Systematic Review, Alexis M. Wolgemuth

Theses, Dissertations and Capstones

Female-perpetrated violence has exhibited concerning data trends in recent years. Prior scholarship indicates that past victimization and trauma in childhood, known as adverse childhood experiences (ACEs), are highly prevalent among women offenders. However, the research concerning ACEs and violent females is scattered. This thesis provides a scoping literature review using the Preferred Reporting Items for Systematic Reviews and Meta-Analyses (PRISMA) updated 2020 guidelines. A systematic database search was conducted using Academic Search Complete, SAGE Journals, Springer Nature Link, and HeinOnline to identify relevant peer-reviewed journal articles. Inclusion and exclusion criteria are established, focusing on studies published after January 2015. These …