Criminal Law Commons^™

Shaw, Clifford, The Jack Roller, Richard Tewksbury

Qualitative Criminology (QC)

"Learn from the classics. Understand where you came from. Know the past so you won’t repeat it. Be informed about those that have preceded you. Find the foundation your own work is based upon. All of these are viable, valuable, and unfortunately, often unheeded pearls of wisdom. I, for one, can admit that while I’ve espoused these lessons many times, I have not adhered to my own advice. Although we all are well versed (at least for an undergraduate level lecture or two) on the history of our field and the influential scholars and works of the field, unfortunately far …

“Age Is Just A Number In Here”: A Qualitative Study Of Adulthood In A Women’S Prison, Janani Umamaheswar

Qualitative Criminology (QC)

"Desistance from crime is a significant marker of adulthood, while persistence in criminal behavior is inconsistent with a subjective sense of adulthood (Massoglia & Uggen, 2010). To understand the relationship between crime and adulthood in greater detail, however, it is important to understand how offenders interpret and conceptualize the notion of adulthood in the first place. Based on interviews and mail correspondence with 35 incarcerated women, I explore this question through an examination of how incarcerated women construct definitions of adulthood while in prison. The findings indicate that in a restrictive environment marked by a lack of independence, women in …

Exploring Police Legitimacy Perceptions Among Arab And Chaldean Business Owners In Detroit, Vaughn J. Crichlow, Edmund F. Mcgarrell

Qualitative Criminology (QC)

"Most agree that police officers cannot do their jobs effectively without the support of community members. However, little is known about the perceptions of small business owners who could potentially make a meaningful contribution to safety and security in such communities. There is also a paucity of research on immigrant-owned businesses in disorderly urban communities. To address the gap, this study explores the attitudes of small business owners toward the police in Detroit, Michigan, a city known for high levels of violent crime and presents an analysis of the qualitative data collected from in-depth interviews with small business owners (n …

Racially Neutral Policing?: Puerto Rican And Mexican Young Adults’ Experiences With Order Maintenance Strategies, Claudio G. Vera Sanchez, Jacinta M. Gau

Qualitative Criminology (QC)

"Despite the proliferation of seemingly racially neutral police strategies, Latinos continue to report unfavorable views toward police. Limited attention has been given to how urban strategies, such as order maintenance policing, are experienced by young Latino males. The present study uses data from in-depth interviews conducted with male Latino youth in two Chicago neighborhoods: one majority-Latino, predominantly Mexican; and one mixed-race, gentrifying Puerto Rican. Results show that youth in both neighborhoods report enhanced surveillance and aggressive stop-and-frisks. Additionally, neighborhood context shapes the dynamics between police and young Latinos. In the Puerto Rican neighborhood, policing is enmeshed in culture clashes. In …

Visualizing Abolition: Two Graphic Novels And A Critical Approach To Mass Incarceration For The Composition Classroom, Michael Sutcliffe

SANE journal: Sequential Art Narrative in Education

This article outlines two graphic novels and an accompanying activity designed to unpack complicated intersections between racism, poverty, and (d)evolving criminal-legal policy. Over 2 million adults are held in U.S. prison facilities, and several million more are under custodial supervision, and it has become clearly unsustainable. In the last decade, there has been a shift in media conversations about criminality, yet only a few suggest decreasing our reliance upon incarceration. In meaningfully different ways, the two novels trace the development of incarceration from its roots in slavery to its contemporary anti-democratic iteration and offer an underpublicized alternative.

Critical and community …

Institutionalized Racism And The Death Penalty, Ashleigh Ellis

Student Scholar Symposium Abstracts and Posters

Overtime, support for capital punishment has evolved. Compared to previous decades, support has changed amongst different variables such as: age, race, gender, and political perspective; therefore, today, these variables have changed the amount of support for it. For example, as of today, 6 states have repealed the death penalty with New Jersey being the first in 2007 to do so in 40 years. As memories of Jim Crow and the Civil Rights era have faded due to generational replacement, American society today still has this racial gap, however it is due to this racial resentment or symbolic resentment that the …

Impact Of The “Nirbhaya” Rape Case: Isolated Phenomenon Or Social Change?, Tina P. Lapsia

Honors Scholar Theses

In December 2012, a twenty-three year old college student, who was given the pseudonym “Nirbhaya” (“fearless”), was fatally gang-raped on a private bus in Delhi, India, galvanizing the country to swiftly adopt new legislative measures and catapulting the issue of violence against women in India into the international spotlight. Although assault and rape cases have made India infamous for its high volume of crimes against women, the reaction to this particular incident was much different from before. This paper investigates whether the governmental and societal responses represent social change, as indicated by changing attitudes towards violence against women in India. …

Editorial, Willard M. Oliver

Qualitative Criminology (QC)

"Welcome to the third volume of the Journal of Qualitative Criminal Justice & Criminology. I am pleased to report that the journal is still going strong and manuscripts continue to be submitted on a regular basis. The journal continues to hold its authors to a high standard and as you will note for this issue’s updated analytics, the journal is currently holding a 16.9% acceptance rate. I believe you will see the satisfactory results of maintaining the high standards in this first issue of Volume 3. Lisa Kort-Butler and Michael Killingsworth lead off with a historical analysis of media-crime …

“Were You Drunk At The Time?”: The Influence Of Parole Boards On Accounts And Neutralization Techniques In State Parole Hearings, Danielle Lavin-Loucks, Kristine Levan

Qualitative Criminology (QC)

"This paper examines the collaborative nature of accounts and neutralization techniques that are employed in parole hearings. Prior research using neutralization theory has largely overlooked the role of other actors in the development of neutralizations, examining them through interviews or narratives where interaction is either scripted or limited and thus has little bearing on the production of such accounts. In contrast, this study evaluates real time interaction, examining how parole board members propose, respond to, and modify neutralizations issued by inmates seeking parole. Ethnographic observations of 438 regular parole and parole revocation hearings, videotapes of 40 such hearings from the …

Becoming A Hacker: Demographic Characteristics And Developmental Factors, Kevin F. Steinmetz

Qualitative Criminology (QC)

"Hackers are not defined by any single act; they go through a process of development. Building from previous research and through ethnographic interviews and participant observation, the current analysis examines characteristics which may influence an individual’s development as a hacker. General demographic characteristics are analyzed, the participants’ school experiences are discussed, and perceived levels of parental support and influence are defined. Finally, descriptions of first exposures to technology, the concept of hacking, and the hacking community are presented. The study concludes with theoretical implications and suggestions for future research."

Summer Cop: A Qualitative Study Of Summer Police Officers, Brad Campbell

Qualitative Criminology (QC)

"There are approximately 18,000 police agencies employing 750,000 police officers in the United States in order to police a population over 300 million citizens. In addition, sketchy estimates state there are 400,000 police reserves assisting full-time sworn officers in their duties. One major subgroup of these police reserves are summer police officers (“summer cops”) who serve full-time during the tourist season in mostly beach communities. There has been little to no research into this subpopulation of police officers and little is known about their background and reasons for becoming summer reserve officers. In order to fill this gap in the …

From Burlesque To Grand Theft Auto: An Historical Analysis Of The Treatment Of The Media-Crime Relationship In Criminology Texts, Lisa A. Kort-Butler, Michael Killingsworth

Qualitative Criminology (QC)

"The degree to which criminological scholarship on the mediacrime relationship has been subject to the tides of moral panics is not well-understood, although there are theoretical reasons to hypothesize about the role of scientists in moral panics. Textbooks are one location in which a discipline chronicles its scholarly history and speaks to the public, making texts an important site for understanding how scholars interpret the media-crime relationship. A content analysis of over 200 criminology texts, ranging in publication dates from 1880 to 2012, was conducted. Almost half the texts covered the media-crime relationship. These texts often appeared to be responding …

Sharon S. Oselin, Leaving Prostitution: Getting Out And Staying Out Of Sex Work, Melisa M. Jaris

Qualitative Criminology (QC)

"Leaving Prostitution highlights the critical role that prostitute-serving organizations (PSO) can play in prostitutes’ efforts to leave the sex industry. PSOs can provide prostitutes subsidized housing, employment opportunities, food, transportation, counseling, education, and mentoring. These fundamental amenities offer prostitutes the life choices and confidence needed to leave the sex industry."

Rachel Zimmer Schneider, Battered Women Doing Time: Injustice In The Criminal Justice System, Cortney A. Franklin

Qualitative Criminology (QC)

"Advocacy and scholarly attention directed toward the plight of battered women began in the mid-1970s (del Martin, 1975). Since that time, a host of research has been conducted on the incidence and prevalence of domestic violence, the dynamics of battering relationships (LaViolette and Barnette, 2014), the predictors of why men batter, and the risk of increasing harm for survivors who are courageous enough to leave domestically violent relationships. As Lenore Walker (1977) so insightfully recognized in her early work using a sample of sheltered women who had escaped a domestically violent partner, these relationships are characterized by specific stages and …

Nickie D. Phillips & Staci Strobl, Comic Book Crime: Truth, Justice, And The American Way, Jordan E. Mazurek

Qualitative Criminology (QC)

"In what can be described as an ethnographic content analysis of (super) heroic proportions, Nickie D. Phillips and Staci Strobl’s Comic Book Crime: Truth, Justice, and the American Way provides an in-depth exploration of crime and justice discourses presented in the medium of the comic book in the first decade of the 2000s. The authors employ years of in-depth participant observation in the comic book subculture along with group interviews to inform their analysis of the story arcs in two hundred popular comic book series, along with a number of graphic novels, in the post-9/11 American context. Drawing on a …

S.F. Sharp, Mean Lives, Mean Laws: Oklahoma’S Women Prisoners, Kerri Bellamy

Qualitative Criminology (QC)

"Using a feminist strain approach, Susan Sharp’s Mean Lives, Mean Laws: Oklahoma’s Women Prisoners, investigates the impact of incarceration on women in the Oklahoma prison system and their families. Oklahoma incarcerates women at a rate of 135 per 100,000, the highest in the nation. The book examines this high incarceration rate by investigating factors such as childhood abuse and neglect which may continue into adulthood and that contribute to women’s imprisonment. Sharp makes it clear that once in prison there are few avenues for the women to obtain education and healthcare or to maintain relationships with family on the …

Sutherland, Edwin H., The Professional Thief, Jurg Gerber

Qualitative Criminology (QC)

"Perhaps because he was the son of a minister and raised in a very traditional home (Geis & Meier, 1977, p.24), Edwin Sutherland (1883-1950) had a populist streak and is known for two major contributions to American criminology: the theory of differential association (DA) and the concept of white collar crime (WCC). His classic book entitled The Professional Thief is at the intersection of these two interests, although its influence has been more acknowledged with respect to DA than WCC. This review traces scholarly reactions to the book and its enduring contributions to American criminology."

Alice Goffman, On The Run: Fugitive Life In An American City, Dzhamilia Makashova

Qualitative Criminology (QC)

"Alice Goffman’s On the Run is an ethnographic study of the impacts of the war on drugs and policing in an American urban neighborhood. Her research started during her sophomore year at the University of Pennsylvania in Dr. David Grazian’s urban ethnography class. As a part of the class, Goffman’s assignment was to pick a site to observe and take notes, and she got a job at a cafeteria at the west edge of Penn’s campus with Miss Deena, a Black woman in her sixties who managed the staff. Through this job, Goffman was introduced to Miss Deena’s family and …

Justice Deferred Is Justice Denied: We Must End Our Failed Experiment In Deferring Corporate Criminal Prosecutions, Peter R. Reilly

BYU Law Review

According to the U.S. Department of Justice, deferred prosecution agreements are said to occupy an “important middle ground” between declining to prosecute on the one hand, and trials or guilty pleas on the other. A top DOJ official has declared that over the last decade, the agreements have become a “mainstay” of white collar criminal law enforcement; a prominent criminal law professor calls their increased use part of the “biggest change in corporate law enforcement policy in the last ten years.”

However, despite deferred prosecution’s apparent rise in popularity among law enforcement officials, this Article sets forth the argument that …

Violence-Related Police Crime Arrests In The United States, 2005-2011, Philip M. Stinson, Steven L. Brewer Jr, Joelle K. Bridges

Criminal Justice Faculty Publications

This study is a quantitative content analysis of news reports and court records on 3,328 violence-related arrest cases of 2,586 individual sworn law enforcement officers during the years 2005-2011. The arrested officers were employed by 1,445 nonfederal state, local, special, constable, tribal, and regional law enforcement agencies located in 805 counties and independent cities in 49 states and the District of Columbia. Binary logistic regression and classification and regression tree (CART) analyses were conducted to predict criminal conviction in violence-related police crime arrest cases. Finding indicate that conviction of police officers on one or more offenses charged are driven by …

Excusing Murder? Conservative Jurors’ Acceptance Of The Gay Panic Defense, Cynthia J. Najdowski, Jessica Salerno, Bette L. Bottoms, B. L. Harrington, Dave Kemner

Psychology Faculty Scholarship

We conducted a simulated trial study to investigate the effectiveness of a “gay-panic” provocation defense as a function of jurors’ political orientation. Mock jurors read about a murder case in which a male defendant claimed a victim provoked the killing by starting a fight, which either included or did not include the male victim making an unwanted sexual advance that triggered a state of panic in the defendant. Conservative jurors were significantly less punitive when the defendant claimed to have acted out of gay panic as compared to when this element was not part of the defense. In contrast, liberal …

What Is Wrong With Sex In Authority Relations? A Study In Law And Social Theory, Galia Schneebaum

Journal of Criminal Law and Criminology

Criminalization of Sex within Authority Relations (SAR)—such as sex in the relationship between a therapist and a patient or an employer and an employee—is a growing phenomenon. Current theories conceptualize and consequently justify SAR offenses either under a liberal conception of sexual autonomy or under a feminist conception of gender inequality. Yet both conceptualizations are inadequate and fail to capture the distinctiveness of this new legal category. Specifically, they fail to explain the main puzzle underlying SAR offenses, which proscribe sexual contact in the absence of coercion by the offender. Rejecting both liberal and feminist analytical frameworks, this Article draws …

The Influence Of A Juvenile's Abuse History On Support For Sex Offender Registration, Cynthia J. Najdowski, M. C. Stevenson, J. M. Salerno, T. R. A. Wiley, B. L. Bottoms, K. M. Farnum

Psychology Faculty Scholarship

We investigated whether and how a juvenile’s history of experiencing sexual abuse affects public perceptions of juvenile sex offenders in a series of 5 studies. When asked about juvenile sex offenders in an abstract manner (Studies 1 and 2), the more participants (community members and undergraduates) believed that a history of being sexually abused as a child causes later sexually abusive behavior, the less likely they were to support sex offender registration for juveniles. Yet when participants considered specific sexual offenses, a juvenile’s history of sexual abuse was not considered to be a mitigating factor. This was true when participants …

Framing A Narrative Of Discrimination Under The Eighth Amendment In The Context Of Transgender Prisoner Health Care, Sarah Halbach

Journal of Criminal Law and Criminology

This Comment looks closely at the reasoning behind two recent federal court opinions granting transgender prisoners access to hormone therapy and sex-reassignment surgery. Although both opinions were decided under the Eighth Amendment’s ban on cruel and unusual punishment, which does not expressly prohibit discrimination based on gender identity, a careful look at the courts’ reasoning suggests that they were influenced by the apparent discrimination against the transgender plaintiffs. This Comment argues that future transgender prisoners may be able to develop an antidiscrimination doctrine within the Eighth Amendment by framing their Eighth Amendment medical claims in terms of discrimination based on …

Trevino V. Thaler: Falling Short Of Meaningful Federal Habeas Corpus Reform, Cristina Law

Journal of Criminal Law and Criminology

Prisoners face many barriers when petitioning for federal habeas corpus relief, especially when asserting ineffective assistance of trial counsel claims. The Supreme Court’s decision in Trevino v. Thaler attempted to lower these barriers by carving out a narrow exception to the procedural default rule. Although a step in the right direction, this narrow exception fell short of meaningful habeas corpus reform. This Comment argues that although the Supreme Court’s decision in Trevino appears to guarantee habeas corpus petitioners the ability to raise ineffective assistance of trial counsel claims in federal court, it is unlikely to provide prisoners meaningful opportunities to …

Investigating The Programmatic Attack: A National Survey Of Veterans Treatment Courts, Julie Marie Baldwin

Journal of Criminal Law and Criminology

Veterans treatment courts (VTCs), a recent emergence from the specialized court movement, target the population of veterans in contact with the criminal justice system. Due to the contemporary nature of their dissemination, published empirical research on VTCs is only beginning to materialize. Additionally, national surveys of specialized courts are rare and typically occur decades after the courts emerge. This Article presents descriptive results regarding the establishment, policy, structure, and procedures of VTCs using data from the first national survey of these courts, conducted in the early stages of their emergence. A national compendium of VTCs (N = 114) was created. …

Examining The Sources Of Correctional Officer Legitimacy, Benjamin Steiner, John Wooldredge

Journal of Criminal Law and Criminology

Correctional officer legitimacy has been linked to prison safety and order, and it may also be relevant for inmate well-being and facilitating behavioral change. Yet few studies have examined the sources of correctional officer legitimacy. Findings from analyses of survey data collected from over 5,500 inmates housed throughout forty-six facilities in Ohio and Kentucky revealed that inmates’ perceptions of the treatment they received during their most recent encounters with correctional officers (procedural justice) impacted the strength of their beliefs regarding the legitimacy of those officers. The analyses also revealed that background factors such as inmates’ age and race were relevant …

Sentencing And Interbranch Dialogue, Eric S. Fish

Journal of Criminal Law and Criminology

American legislatures generally delegate primary control over sentencing policy to one of two actors: trial judges or a sentencing commission. In choosing between these actors, a legislature decides between two values: individualization or uniformity. If it empowers trial judges, sentences will be individually tailored to each defendant, but there will be unjust disparities because different judges have different sentencing practices. If it empowers a sentencing commission, sentences will be uniform across cases, but they will not be tailored to each defendant. This Article proposes a different architecture for American sentencing systems, one that relies on interbranch dialogue to transcend this …

Maternal And Paternal Imprisonment And Children's Social Exclusion In Young Adulthood, Holly Foster, John Hagan

Journal of Criminal Law and Criminology

The United States has entered its fourth decade of high imprisonment levels. It is now possible to assess the impact of parental imprisonment on children who have completed the transition to adulthood. We elaborate the role of parental incarceration from a life course perspective on intergenerational social exclusion in young adulthood. The National Longitudinal Study of Adolescent Health [Add Health] representatively sampled the historically unique national cohort born in the 1980s, during the onset of mass incarceration. Four waves of the Add Health survey provide a valuable moving window on incarcerated parents and the transitions of their children from adolescence, …

To Be Judged By Twelve Or Carried By Six? Quasi-Involuntariness And The Criminal Prosecution Of Service Members For The Use Of Force In Combat - A Grunt's Perspective, Lupe Laguna

Journal of Criminal Law and Criminology

Post-9/11 conflicts have altered the way that the United States of America and her allies fight wars. Over the last ten years military commanders have embraced counterinsurgency doctrine as the path to victory in the War on Terror. As they have done so, commanders have been faced with the difficult task of balancing the need to protect local civilian populations with the need to proactively target insurgent fighters. To accomplish this mission, the military has adopted rules of engagement that allow a service member to engage a target when he or she perceives that the target exhibits “hostile intent.” The …