Criminal Law Commons^™

Sex Offenders And Campus-Based Sex Offender Registration: Stigma, Vulnerability, Isolation, And The Classroom As Refuge, Richard Tewksbury

Qualitative Criminology (QC)

"Inclusion on the sex offender registration list is well known to produce stigma, collateral consequences, stress, and feelings of vulnerability for offenders. In addition to state-based registries, a number of institution-specific registries are beginning to appear, including those on college campuses. By using in-depth interviews with a sample of sex offenders listed on a campus-specific sex offender registry, this study explores the experiences resulting from this label. Findings highlight the feeling of vulnerability listing imposes, as well as self-isolating efforts designed to manage the possibility of identification, exposure, and confrontation. The interactional limitations, as well as the unintended consequence of …

“Hidden In Plain Sight”: Locating The Men And Women Of The 1954 Boston Special Youth Program, Richard K. Moule Jr., Scott H. Decker

Qualitative Criminology (QC)

"The growing prevalence of longitudinal research in the social sciences, coupled with technological advances, provide new opportunities for researchers to more readily find participants from earlier studies. In addition, these advances necessitate the development of new strategies and methodologies for locating and building rapport with respondents. Drawing on previous methods of subject identification and location, this paper examines techniques for locating and interviewing former gang members from the 1954-1957 Special Youth Program in Roxbury, MA. In contrast to most longitudinal studies, (1) more than 50 years have passed since the original study with no contact with respondents in the interim, …

Motivation To Reduce Risk Behaviors While In Prison: Qualitative Analysis Of Interviews With Current And Formerly Incarcerated Women, Neetu Abad, Monique Carry, Jeffrey H. Herbst, Catherine I. Fogel

Qualitative Criminology (QC)

"Prison is an environment in which programs can be implemented to change harmful behaviors among high-risk populations. Incarcerated women experience high rates of HIV and other sexually transmitted diseases (STDs), yet little research has examined women’s motivation to reduce risky behaviors during incarceration. In-depth individual interviews were conducted with former and current women prisoners in two North Carolina correctional facilities and analyzed to identify barriers and facilitators of behavior change while in prison. Analyses revealed key motivators of behavior change: Viewing prison as a place to recover from past trauma, removing oneself from negative social networks, gaining access to needed …

Miriam Boeri, Women On Ice: Methamphetamine Use Among Suburban Women, Karen Mcelrath

Qualitative Criminology (QC)

"Some readers fail to read the preface to a book, eager to step inside the chapters. I began with the preface to Women on Ice and then returned to it after I had read the book in its entirety. The preface provides the reader with a brief but important snapshot of Miriam Boeri as an author and one whose family, like so many others, has experienced addiction. These life events shaped her interest in studying people who experience problems with psychoactive drug use. Moreover, authors who share this kind of “private trouble” help to de-stigmatize drug addiction (see also, the …

Barrett, C.J., Courting Kids: Inside An Experimental Youth Court, Avi Brisman

Qualitative Criminology (QC)

"In the late 1980s and early 1990s, the United States witnessed a small increase in youth violence, particularly a rise in gun violence among young African-American urban males. This spike in gun violence was localized and primarily linked to turmoil surrounding the introduction of crack cocaine into many cities around the country—metropolitan areas that were already experiencing crushing economic pressures, unemployment, and decaying neighborhoods. There was no evidence of an overall nationwide surge in “youth crime” or “juvenile crime”—terms that became conflated with serious “youth violence,” which, in turn, became code for “dangerous young black or brown men.” Despite this …

Ronald Weitzer, Legalizing Prostitution: From Illicit Vice To Lawful Business, Tammy Castle

Qualitative Criminology (QC)

"Dr. Ronald Weitzer is considered an expert on the sex industry, having studied prostitution for over a decade. In his latest book, Legalizing Prostitution: From Illicit Vice to Lawful Business, Weitzer provides a comprehensive examination of the myriad dimensions of sex work by drawing on both past research and his own ethnographic field work. Not only does he shatter prostitution myths by using empirical data, but also offers an alternative paradigm for understanding sex work that is theoretically grounded. In addition, he casts a critical eye on prostitution policies in the United States and proposes a “best practices” approach …

Stephanie C. Kane, Where Rivers Meet The Sea: The Political Ecology Of Water, Ashley K. Farmer

Qualitative Criminology (QC)

"Where Rivers Meet the Sea aims to explore how human beings have somehow created an environment that threatens the life-sustaining water systems that are such a natural, and perhaps taken for granted, part of their communities. Exploring rich cultural and historical contexts within two strikingly different South American neighborhoods, Stephanie C. Kane delves into how communities situated along bodies of water interact with and affect the human-water relationship. She pays particular attention to how culture, art, and race are intertwined with politics, crime, and governance."

Forced To Learn: Community-Based Correctional Education, Ron Mottern, C. Amelia Davis, Mary F. Ziegler

Qualitative Criminology (QC)

"Community-based correctional education has received scant attention in adult literacy research yet mandatory education is a growing part of the legal system and is fueled by research that suggests a link between correctional education and lower rates of recidivism. Growth in alternative to prison programs affects local ABE and GED programs. Adults who attend community-based correctional programs as a condition of their probation or parole face many challenges. The purpose of this existential-phenomenological study was to understand the experience of those adults. Findings describe students’ experiences of being forced to attend a GED program. Opening a space for these stories …

Jamie J. Fader, Falling Back: Incarceration And Transitions To Adulthood Among Urban Youth, Kallee Spooner

Qualitative Criminology (QC)

"In her first book, Jamie J. Fader presents an account of a group of young black males attempting to “fall back,” or stay out of trouble, as they return from a juvenile residential corrections facility to their communities in Philadelphia. Prior to the study, Fader spent six years evaluating delinquency programs for the city of Philadelphia and over a year working at a communitybased aftercare program that assisted youth returning to the city from reform schools. Fader gained access and insight to the structure and processes of the juvenile court system, which facilitated her research."

Restorative Justice And Gendered Violence? From Vaguely Hostile Skeptic To Cautious Convert: Why Feminists Should Critically Engage With Restorative Approaches To Law, Melanie Randall

Dalhousie Law Journal

Legalremedies for crimes ofgendered violence that are more effective, expansive, creative, victim-centred, and victim-sensitive are urgently needed. The author argues that restorative justice is one promising approach -which warrants critical engagement and, more importantly, requires input from feminists in their efforts to end violence against women. The paper concludes with some key principles and recommended directions for further engagement between feminists and proponets of restorative justice in the development of approaches to the harms of gendered violence.

Crapping Out With Crime Statistics, Robert Steinbuch

University of Arkansas at Little Rock Law Review

No abstract provided.

Book Review: Errol Morris, “A Wilderness Of Error”: Provocative But Unpersuasive, Richard C. Cahn

Touro Law Review

No abstract provided.

Editorial, Willard M. Oliver

Qualitative Criminology (QC)

Criminal Justice & Criminology have a long history of using qualitative methods in the conduct of research, but to date there has been neither a qualitative journal in criminal justice, nor one in criminology. That has now changed with this first issue of the Journal of Qualitative Criminal Justice & Criminology (JQCJC); and as one leading scholar recently told me, “It’s about time!”

Hearts In The Wasteland: Redeeming The Moral Self In Corrections, Allison M. Hicks

Qualitative Criminology (QC)

"In this article, I examine the emotional culture of prisons as perceived by prison chaplains, a population characterized by conflicting expectations and split loyalties. Expected to enforce institutional rules and punish rule violators, chaplains are also charged with the spiritual rehabilitation of their clients. Greer (2002) argues that prisons represent rich environments for exploring emotion management, being simultaneously emotionally inciting and constraining for those individuals living and working within them. To better understand this duality, I explore chaplains’ interpersonal management of inmates’ emotions. Based on qualitative interview data, I describe some of the assumptions chaplains make about inmates’ emotions and …

Looking Back At Other People’S Money: A Qualitative Test Of Cressey’S Classic Hypothesis Of Trust Violating Behavior, Paul M. Klenowski, Heith Copes

Qualitative Criminology (QC)

"Cressey’s study of trust violators has had a tremendous impact on how criminologists understand white collar offenders. Despite this, few have sought to replicate or validate his findings. The aim of this study is to replicate Cressey’s classic work to determine if it still has practical theoretical value today. To do this, we relied on data collected from 25 male federally incarcerated occupational offenders using semi-structured interviews. The results indicate that there is moderate empirical support for Cressey’s hypothesis when collectively examining all three components of his hypothesis. We found only minimal support for the importance of “non-shareable problems” because …

How Families Of Murder Victims Feel Following The Execution Of Their Loved One’S Murderer: A Content Analysis Of Newspaper Reports Of Executions From 2006-2011, Corey Burton, Richard Tewksbury

Qualitative Criminology (QC)

"Two common assumptions are that family members of murder victims (i.e. co-victims) will achieve closure and perceive a sense of justice following the execution of their loved one’s murderer. Those acting on behalf of co-victims and purporting to represent their best interests often use closure and justice discourses to bolster their arguments in favor of capital punishment in a particular case. However to assume, unequivocally, that family members will view the execution as the last of several steps in the journey to closure and perceived justice is to ignore a significant number of co-victims who may feel differently. Drawing on …

A Formative Approach In Applying A Meta- Ethnography Across The Qualitative Professional Criminal Literature, Douglas J. Wholl, Wilson R. Palacios, John K. Cochran, Christine S. Sellers

Qualitative Criminology (QC)

"This paper aims to introduce and teach readers step-by-step how to conduct a meta-ethnography within the field of criminology. In order to accomplish this, we purposefully selected a very narrow area of study, professional criminals as presented in well-known classic criminological monographs and then further restricted it to a rational choice perspective, a theoretical rubric easily addressed via the meta-ethnography. These limiting decisions were done so that readers would not get lost in the substance of the meta-ethnography. A search of qualitative research monographs and related online bibliographic databases identified a total of 32 research monographs, 6 of which met …

Examining The Decision-Making Processes Of Sex Tourists Using On-Line Data, Thomas J. Holt, April M. Zeoli, Kathleen Bohrer

Qualitative Criminology (QC)

"Criminological research has increasingly focused on the decision- making processes of offenders in order to better understand criminal behavior as a whole. A small body of research has considered how the bounds or limits of offender decision-making are shaped by various factors. In addition, limited research has considered the role of preference and bounded rationality in crimes where long-range planning and careful consideration of options are possible. To that end, this study explores both the factors that influence individual decisions and the way that they interact with preference to shape the decision-making process of sex tourists or individuals who travel …

Van Den Hoonaard, D.K. Qualitative Research In Action: A Canadian Primer, Deborah Landry

Qualitative Criminology (QC)

"Dr. Deborah Van Den Hoonaard has made a distinguished career of applying qualitative methodologies to uncover the rich everyday experiences of marginal populations. Professor Van Den Hoonaard holds a prestigious position as Canada Research Chair in Qualitative Analysis, garnering the respect of her peers for her fieldwork. The savvy experience of a seasoned field researcher unfolds easily in this guidebook, which feels more like a documentary than a methodology textbook. Nodding to the ethnographic traditions of the Chicago School and McGill University (the Canadian version of the Chicago School), her engagement with contemporary approaches is couched in an informed historical …

Louise Westmarland, Gender And Policing: Sex, Power, And Police Culture, Maria D. H. Koeppel

Qualitative Criminology (QC)

"Originally released in 2001, Louise Westmarland’s Gender and Policing has been released with a new publisher. With Routledge’s rerelease of the book, it is necessary to reassess the value of its research in the field of gender and policing to determine if it is still relevant. Throughout the book, Westmarland uses qualitative data to explore gendered themes in United Kingdom police forces. More specifically, her work focuses on whether differential deployment exists in policing based on gender and explores the role of gender within policing culture in several different situations. To analyze possible gendered patterns, Westmarland bases her work on …

“We’Re All Born With Equal Opportunities”: Hegemonic Individualism And Contextual Mitigation Among Delaware Capital Jurors, Ross Kleinstuber

Qualitative Criminology (QC)

"The Supreme Court has ruled that evidence derived from a capital defendant’s life history is crucial for making the reasoned moral judgment that is central to the death penalty’s constitutionality. However, Dunn and Kaplan (2009) suggested that individualism is so embedded in American culture that most people defer to it uncritically, which makes the use of such contextualizing mitigating evidence challenging. Prior studies suggest that capital jurors do not understand mitigation and focus on guilt-related issues when making their sentencing decisions, but they do not examine why this is so. This study extends these prior works by comparing the content …

Geoff K. Ward, The Black Child-Savers: Racial Democracy & Juvenile Justice, Robin D. Jackson

Qualitative Criminology (QC)

"Drawing on biographical details, people’s experiences, and historical documents, Geoff K. Ward examines Black child savers’ efforts and struggles to transform a Jim Crow juvenile justice system into a racially democratic model of juvenile justice. In his first book: The Black Child-Savers: Racial Democracy & Juvenile Justice, Ward describes Black child-savers as concerned Black Americans and their allies who sought racial reform in the juvenile justice system and who intervened on the behalf of Black dependent and delinquent youth. Ward also discusses “the sociocultural origins and organization of Jim Crow juvenile justice as well as the social movement by …

W.E.B. Dubois, The Philadelphia Negro: A Social Study, Howard Henderson

Qualitative Criminology (QC)

"Criminology’s Forgotten Genesis?

Crime is a phenomenon of organized social life, and is the open rebellion of an individual against his social environment. Naturally then, if men are suddenly transported from one environment to another, the result is lack of harmony with the new conditions; lack of harmony with the new physical surroundings leading to disease and death or modification of physique; lack of harmony with social surroundings leading to crime. (DuBois, p. 235) "

Saundra D. Westervelt & Kimberly J. Cook, Life After Death Row: Exonerees’ Search For Community And Identity, Jeanne Subjack

Qualitative Criminology (QC)

"Life After Death Row examines how individuals wrongly sentenced to death adjust to life after their release. The idea for the book arose in 2009, after Westervelt and Cook attended a conference and learned about the different aspects related to wrongful convictions that had yet to be addressed in academia. To gain a more thorough understanding of the events the participants experienced, the authors used life history and feminist methods to conduct their research. Although the current analysis is not necessarily focused on gender, feminist methods are useful here because they can be applied when a researcher “seeks an …

Federal Discretion In The Prosecution Of Local Political Corruption, Andrew T. Baxter

Pepperdine Law Review

Federal prosecutors' awareness of political corruption at the state and local levels has recently increased concomitantly to the incidence of disclosures and prosecutions of similar corruption at the federal level. Because local law enforcement officials have frequently been unable or unwilling to pursue local political corruption, federal prosecutors have increasingly assumed responsibility for the policing of non-federal political criminal activity, even in the absence of definitive statutory grounds. In this article, the author examines the legal basis upon which federal prosecution of local political corruption is conducted. It is asserted that existing federal judicial and legislative limitations provide an inexact …

First Do No Harm: Interpreting The Crime Of Aggression To Exclude Humanitarian Intervention, Joshua L. Root

University of Baltimore Journal of International Law

The yet to be implemented Article 8 bis of the Rome Statute criminalizes, as the crime of aggression, acts of aggression which by their “character, gravity and scale” constitute a “manifest violation” of the Charter of the United Nations. This article argues that Article 8 bis must be construed so as to exclude from the International Criminal Court’s jurisdiction uses of force, which are facial violations of the UN Charter, but which nonetheless comport with the principles and purposes of the Charter, such as bona fide humanitarian intervention unauthorized by the Security Council. This article examines and applies the Vienna …

Reviving The Federal Crime Of Gratuities, Sarah N. Welling

Law Faculty Scholarly Articles

The federal crime of gratuities prohibits people from giving gifts to federal public officials if the gift is tied to an official act. Both the donor and the donee are liable. The gratuities crime is dysfunctional in two main ways. It is overinclusive in that it covers conduct indistinguishable from bribery. It is underinclusive in that it does not cover conduct that is clearly dangerous: gifts to public officials because of their positions that are not tied to a particular official act.

This Article argues that Congress should extend the crime of gratuities to cover gifts because of an official’s …

What Real-World Criminal Cases Tell Us About Genetics Evidence, Deborah W. Denno

Faculty Scholarship

This Article, which is part of a symposium on "Law and Ethics at the Frontier of Genetic Technology," examines an unprecedented experimental study published in Science. The Science study indicated that psychopathic criminal offenders were more likely to receive lighter sentences if a judge was aware of genetic and neurobiological explanations for the offender’s psychopathy. This Article contends that the study’s conclusions derive from substantial flaws in the study’s design and methodology. The hypothetical case upon which the study is based captures just one narrow and unrepresentative component of how genetic and neurobiological information operates, and the study suffers from …

Patent Infringement As Criminal Conduct, Jacob S. Sherkow

Articles & Chapters

Criminal and civil law differ greatly in their use of the element of intent. The purposes of intent in each legal system are tailored to effectuate very different goals. The Supreme Court’s recent decision in Global-Tech Appliances, Inc. v. SEB S.A., 131 S. Ct. 2060 (2011), however, imported a criminal concept of intent — willful blindness — into the statute for patent infringement, a civil offense, despite these differences. This importation of a criminal law concept of intent into the patent statute is novel and calls for examination. This Article compares the purposes behind intent in criminal law with the …

Leniency As A Miscarriage Of Race And Gender Justice, Aya Gruber

Publications

No abstract provided.