Criminal Law Commons^™

Taser Time: Electroshock Injustice Coming Soon To Athens-Clarke County, Donald E. Wilkes Jr.

Popular Media

On Sunday, Apr. 19, 2015, an article in the daily newspaper in Athens announced that Athens-Clarke County Police have already received a shipment of 145 tasers and will soon begin using them on the citizenry of this county.

Although taser electroshock devices are technically classified as nonlethal weapons, this means only that their purpose is to avoid fatalities, not that they are incapable of resulting in fatalities. Use of a nonlethal weapon may and sometimes does result in death or serious injury. In recent years, at least 600 Americans, perhaps as many as 1,000, have died suddenly, unexpectedly, or shortly …

Extraterritorial Jurisdiction Under The Proposed Federal Criminal Codes: Senate Bill 1630 And House Bill 1647, William A. Gillon

Georgia Journal of International & Comparative Law

No abstract provided.

Book Review: Political Crime In Europe: A Comparative Study Of France, Germany And England. Barton L. Ingraham. University Of California-Berkeley Press, 1979., Albert M. Pearson Iii

Georgia Journal of International & Comparative Law

No abstract provided.

Following Orders: Campbell V. United States, The Waiver Of Appellate Rights, And The Duty Of Counsel, Jacob Szewczyk

Catholic University Law Review

In the 1984 case of Strickland v. Washington, the Supreme Court announced a two-pronged test to analyze whether a criminal defendant has received ineffective assistance of counsel. Since the rule was announced, the Court has expanded Strickland’s scope to apply to analyze counsel’s review at different stages of the criminal proceeding. This Comment addresses one issue that has remained unanswered by the Supreme Court: whether counsel’s failure to file a notice of appeal, after a defendant has waived his right to appeal through a plea bargain, constitutes ineffective assistance of counsel. This Comment discusses the circuit split that …

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 …

Covering Up An Infection With A Bandage: A Call To Action To Address Flaws In Ohio's Anti-Hazing Legislation, Justin M. Burns

Akron Law Review

Hazing is not just a student and education problem – it is a society problem. There have been attempts to address the problem, such as educational programming, adopting anti-hazing policies in schools, and condemning hazing through legislatures. However, these attempts, including Ohio’s 1983 anti-hazing statute, only punish the hazing as an “act;” put differently, these approaches characterize hazing as an activity that someone does to someone. But after considering human development and the reality of how hazing has materialized in our communities, hazing is not something done do people, but why something is done to them.

For example, consider an …

O'Connor's Firsts, Phyllis L. Crocker

Akron Law Review

Chief Justice Maureen O’Connor will make her mark on the Ohio court system and on the laws of Ohio in many ways. She made two significant marks her first day as Chief Justice: she was the first woman elected to the position of Chief Justice in Ohio and in her swearing-in speech she called for review of the death penalty in Ohio.1 Both were meaningful to me personally and as a citizen of Ohio. I appreciated her acknowledging her place in history and her willingness to tackle, right from the beginning of her tenure, the important topic of the death …

Chief Justice O'Connor's Juvenile Justice Jurisprudence: A Consistent Approach To Inconsistent Interests, Yvette Mcgee-Brown, Kimberly A. Jolson

Akron Law Review

Part II of this Article examines the growth of the juvenile justice system as a system apart from the adult criminal system. It reviews the goals of the juvenile court system—to treat children differently than adults, to rehabilitate, and to protect both the child and society. Part II also discusses the gradual movement to harsher sentencing of young offenders and transferring those offenders to the adult criminal justice system, as well as the subsequent exhortation of the United States Supreme Court that youth in the juvenile justice system must be afforded the protection of constitutional rights. Part III.A explains the …

People V. Cole: Is The Incarceration Of An "Actually Innocent" Person Constitutional?, Aileen R. Kavanagh

Touro Law Review

No abstract provided.

Judge Levine: A Survey Of His Most Influential Court Of Appeals Decisions - 1993-2002, Jean D'Alessandro

Touro Law Review

No abstract provided.

Constitutional Limits To The Fight Against Terrorism, Leon Friedman

Touro Law Review

No abstract provided.

The Societal And Economic Impacts Of Recent Dramatic Shifts In State Marijuana Law: How Should Minnesota Proceed In The Future?, Andrew L. Scherf

Journal of Public Law and Policy

No abstract provided.

Newsroom: A New Voice For Access To Justice, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Income Tax - Deductions For Facilitating Payments To Foreign Government Officials, Birney Bull

Georgia Journal of International & Comparative Law

No abstract provided.

Newsroom: Waters '98 Testifies For Innocence Project, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Newsroom: A Closer Look At Mass Incarceration, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

"Law And Justice Are Not Always The Same": Creating Community-Based Justice Forums For People Subjected To Intimate Partner Abuse, Leigh Goodmark

Florida State University Law Review

No abstract provided.

Genocide Denial And The Law: A Critical Appraisal, Paul Behrens

Buffalo Human Rights Law Review

Genocide denial carries particular relevance for international law: it is the negation of international crimes, and it can prepare the ground for new crimes of this kind. But its criminalization raises concerns as well. The danger of a clash with human rights, particularly with the freedom of ex- pression, cannot be dismissed lightly. This article explores reasons for and repercussions of the criminalization of denial. It also investigates alterna- tives, including the use of truth and reconciliation, and evaluates methods that focus on direct confrontation of the deniers.

Applying The 'Cuffs: Consistency And Clarity In A Bright-Line Rule For Arrest-Like Restraints Under Miranda Custody, Luis Then

Florida State University Law Review

No abstract provided.

Unsophisticated Sentencing, Miriam Baer

Faculty Scholarship

No abstract provided.