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Cons, Constructions And Misconceptions Of Computer Related Crime: From A Digital Syntax To A Social Semantics, M. R. Mcguire Jul 2018

Cons, Constructions And Misconceptions Of Computer Related Crime: From A Digital Syntax To A Social Semantics, M. R. Mcguire

Qualitative Criminology (QC)

"Has the framing of computer crime been a process which has, in effect, left us all framed? What is it that we think that we understand when we use terms like “internet crime,” “cybercrime,” or “technocrime,” and in what sense does this understanding constitute knowledge? In particular, the kind of knowledge which can be defined as “social scientific?” In this paper, I apply one of the key distinctions used to define computational processes – that made between a syntax and a semantics – to illustrate some of the problems that have affected our thinking about cybercrime and undermined our responses …

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Technocrime At The Margins: Introduction To The Special Issue On Critical Or Marginal Perspectives And Issues In The Study Of Technocrime, Kevin F. Steinmetz Jul 2018

Technocrime At The Margins: Introduction To The Special Issue On Critical Or Marginal Perspectives And Issues In The Study Of Technocrime, Kevin F. Steinmetz

Qualitative Criminology (QC)

"When first asked to guest edit a special issue of the Journal of Qualitative Criminal Justice and Criminology, I admit that I was hesitant. I knew from helping Willard Oliver start this journal and from working as its first book review editor that editorship can be trying—and often underappreciated— work. Tom Holt, the editor of the journal at the time, however, was ambitious and willing to take some risks in his mission to carry the journal forward. As such, he offered me tremendous latitude and support for pursuing my unique vision for a special issue on technocrime issues from …

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The Cyborgian Deviant: An Assessment Of The Hacker Through The Lens Of Actor-Network Theory, Wytske Van Der Wagen Jul 2018

The Cyborgian Deviant: An Assessment Of The Hacker Through The Lens Of Actor-Network Theory, Wytske Van Der Wagen

Qualitative Criminology (QC)

"When we think of technocrime, it is immediately “the hacker” who comes to mind, a somewhat mystical figure who can do seemingly magical as well as malicious things with technology. Throughout history, various scholars, including criminologists, have sought to grasp the hacker phenomenon so as to unravel hackers’ techno-culture, identity, and mentality. The current study is one of them, yet it does so from a novel, less anthropocentric angle. Drawing on the cyborg-lens of actor-network theory, which considers the human and the technical as nonseparable, this study conceives the hacker as a “cyborgian deviant:” a transgressive blend of human and …

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The Use Of Mythic Narratives In Presidential Rhetoric On Cybercrime, Joshua B. Hill, Nancy E. Marion Jul 2018

The Use Of Mythic Narratives In Presidential Rhetoric On Cybercrime, Joshua B. Hill, Nancy E. Marion

Qualitative Criminology (QC)

"What politicians say about crime matters, both because of the impact their rhetoric has on public opinion and the policies and motives those words often portend. This is no different when presidents speak about the relatively new area of technocrime. As with other types of crime, political rhetoric on technocrime relies on previous social constructions of the problem, which are (in part) based on myths rooted in popular culture. These myths can be used to help forward political agendas in ways that may be useful to the politician, but that do not address the causes or effects of technocrime. Using …

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Seductive Events: A Critical Examination Of Youth Sexting, Karen Holt Jul 2018

Seductive Events: A Critical Examination Of Youth Sexting, Karen Holt

Qualitative Criminology (QC)

"The social impact of technologies is evident among both teenagers and young people. Youth now experience and engage in most aspects of daily life “online” through the use of social media, mobile phones, and the Internet. This has led to a host of concerns, from parents, educators, advocates, and law enforcement regarding the ways in which this technology is being used, with the debate focused primarily on the issue of “sexting” or sharing of naked and semi-naked selfies. This paper explores sexting behavior from a critical perspective, examining the individual and institutional narratives that continue to shape and influence opinion …

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Coping With Cybercrime Victimization: An Exploratory Study Into Impact And Change, Jurjen Jansen, Rutger Leukfeldt Jul 2018

Coping With Cybercrime Victimization: An Exploratory Study Into Impact And Change, Jurjen Jansen, Rutger Leukfeldt

Qualitative Criminology (QC)

"An increasing number of Internet users are dealing with cybercrime victimization. In order to find out whether victims adequately recover from cybercrime incidents, it is important to gain insight into its effects and impact on users. However, as it stands now, there is not much literature on the impact of cybercrime. We address this gap by qualitatively examining the impact of two types of cybercrime, namely phishing and malware attacks targeting online banking customers. We used the coping approach as a framework to study how victims deal with the negative events they have experienced. In order to study the impact …

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A View From American Courts: The Year In Indian Law 2017, Grant Christensen Jun 2018

A View From American Courts: The Year In Indian Law 2017, Grant Christensen

Seattle University Law Review

This Article provides a comprehensive review of Indian law for 2017. It does not include a citation to every case related to Indian law issued by the courts but tries to incorporate the majority of opinions into its catalog to provide a robust discussion of the changes in Indian law over the course of 2017. Part I of this Article provides some general statistics about Indian law in 2017. Part II focuses on activity at the U.S. Supreme Court, which is the most watched forum for Indian law cases for obvious reasons. Part III groups cases by subject area and …

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Rape By Fraud: Eluding Washington Rape Statutes, Michael Mullen Jun 2018

Rape By Fraud: Eluding Washington Rape Statutes, Michael Mullen

Seattle University Law Review

Existing Washington law does not sufficiently safeguard its citizens from “rape by fraud,” an action whereby a person obtains sexual consent and has sexual intercourse of any type by fraud, deception, misrepresentation, or impersonation. Rape by fraud is a form of sexual predation not always prosecutable under existing Washington law. In recent years, twelve states have adopted expanded rape by fraud statutory provisions. Presently, Washington’s rape statutes lack the expansive rape by fraud statutory language adopted by these twelve states. A recent sexual scam in Seattle has revealed holes in Washington’s rape statutes. This Note examines the history of rape …

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Guerrina V. State, 134 Nev. Adv. Op. 45 (June 7, 2018), Xheni Ristani Jun 2018

Guerrina V. State, 134 Nev. Adv. Op. 45 (June 7, 2018), Xheni Ristani

Nevada Supreme Court Summaries

The Court affirmed Lyons v. State, which gives the courts discretion to reject a defendant’s request for self-representation if the request is untimely. Further, the Court affirmed the Mendoza v. State test, which allows a single incident to sustain convictions for both robbery and kidnapping if any movement or restraint creates a risk to the victim substantially exceeding what is necessarily present in the crime of robbery. Finally, the Court held that the State must satisfy NRS § 193.165 to sustain deadly weapon charges.

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Entering The Trump Ice Age: Contextualizing The New Immigration Enforcement Regime, Bill Ong Hing May 2018

Entering The Trump Ice Age: Contextualizing The New Immigration Enforcement Regime, Bill Ong Hing

Texas A&M Law Review

During the early stages of the Trump ICE age, America seemed to be witnessing and experiencing an unparalleled era of immigration enforcement. But is it unparalleled? Did we not label Barack Obama the “deporter-inchief?” Was it not George W. Bush who used the authority of the Patriot Act to round up nonimmigrants from Muslim and Arab countries, and did his ICE not commonly engage in armed raids at factories and other worksites? Are there not strong parallels that can be drawn between Trump enforcement plans and actions and those of other eras? What about the fear and hysteria that seems …

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Techno-Policing, I. Bennett Capers Apr 2018

Techno-Policing, I. Bennett Capers

Faculty Scholarship

No abstract provided.

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Qualitative Approach To Understanding Guardian Models Of Policing, Jacqueline B. Helfgott, Beck M. Strah, Joycelyn Pollock, Loren T. Atherley, John Vinson Mar 2018

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, …

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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 Mar 2018

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 …

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Routledge Handbook Of Graffiti And Street Art, Jeffrey Ian Ross (Editor), Andrew C. Gray Mar 2018

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 …

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Criminal Genius: A Portrait Of High-Iq Offenders, James C. Oleson, Allen Copenhaver Mar 2018

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 …

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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 Mar 2018

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 …

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Proxy Punishment: Consequences Of Informal Sanctions Among Families Of Offenders In Japan, Mari Kita Mar 2018

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. …

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A Diversity Course For Criminal Justice Undergraduate Students: A Preliminary Evaluation, Nancy Hirschinger-Blank, Lori Simons, David Fernandez Mar 2018

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.

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The Deweyan Approach To Learning Victim Advocacy: Seeing Beyond Stigmas And Facilitating Second Chances, Ashley Peake Wellman, Sherri Dioguardi Mar 2018

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 …

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Fixing A Non-Existent Problem With An Ineffective Solution: Doe V. Snyder And Michigan's Punitive Sex Offender Registration And Notification Laws, Joshua E. Montgomery Feb 2018

Fixing A Non-Existent Problem With An Ineffective Solution: Doe V. Snyder And Michigan's Punitive Sex Offender Registration And Notification Laws, Joshua E. Montgomery

Akron Law Review

Sex offender registration and notification laws (SORAs) in the United States apply not only to those who commit sex offenses after the enactment of such laws, but also to those who committed sex offenses before those laws were enacted. However, the Ex Post Facto Clause of the Constitution prevents the retroactive application of a punitive law; this means that a person cannot be punished for a bad act that the person committed before the law punishing that act was enacted. Importantly, the Ex Post Facto Clause does not prohibit the retroactive application of a civil, regulatory—i.e., non-punitive—law. Thus, to survive …

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Active Promotion Of Useful Arts: Considering The Government's Role In Patent Enforcement, Brian Harris Feb 2018

Active Promotion Of Useful Arts: Considering The Government's Role In Patent Enforcement, Brian Harris

Texas A&M Law Review

The U.S. Constitution grants Congress the power “[t]o promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” To this end, Congress created the copyright system “[t]o promote the Progress of Science” and the patent system for promoting the progress of useful arts. The American patent system can be though of as a vehicle for converting an intangible idea into a form of property. Since the beginning of the American patent system, social benefit has been a key component of the decision to grant …

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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 Jan 2018

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 …

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Criminal Juries In The 21st Century: A Case-Study Introduction To Contemporary Issues, Margaret C. Stevenson, Cynthia J. Najdowski Jan 2018

Criminal Juries In The 21st Century: A Case-Study Introduction To Contemporary Issues, Margaret C. Stevenson, Cynthia J. Najdowski

Psychology Faculty Scholarship

In this introductory chapter, we provide an overview of the goals of the present volume and a preview of the individual chapters herein. Specifically, we review research on various understudied and cutting-edge topics related to the intersection of psychological research and criminal jury decision making. This research is placed in the real-world context by relating it to actual criminal cases that exemplify each topic addressed in the volume. A common theme reflected throughout the chapter is an emphasis on understanding how current issues related to societal attitudinal shifts, technological advances, and juror experiences affect the structure, function, and performance of …

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Private Prisons And The Need For Greater Transparency: Private Prison Information Act, Libbi L. Vilher Dec 2017

Private Prisons And The Need For Greater Transparency: Private Prison Information Act, Libbi L. Vilher

Brooklyn Journal of Corporate, Financial & Commercial Law

Private prisons are not subject to the same regulations as government prisons. Particularly, private prisons are exempt from the requirements set forth in the Freedom of Information Act and its state equivalents, which provide that the public has an enforceable right to request certain records from government agencies. Numerous efforts made by members of Congress to enact the Private Prison Information Act, a bill that would subject private prisons to disclosure laws found in the Freedom of Information Act, have been unsuccessful. Such efforts to strip the veil of secrecy that shades private prisons from public scrutiny are especially important …

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Crisp-Set Qualitative Comparative Analysis (Csqca) And Criminology, Belinda L. Parker Nov 2017

Crisp-Set Qualitative Comparative Analysis (Csqca) And Criminology, Belinda L. Parker

Qualitative Criminology (QC)

"This article presents Qualitative Comparative Analysis (QCA; Ragin, 1987, 2000) as a useful methodological approach for criminological research. The aim is to introduce QCA’s logic and assumptions and a step-by-step guide to its application of crisp-set QCA using an illustrative hypothetical example. While QCA is a relatively new method and not widely used within criminological research thus far, it offers a unique approach that is particularly well suited to the field. This article is intended to serve as an introduction to those researchers interested in QCA and to demonstrate how they may incorporate it into their research."

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Employment Pathways: How Former Offenders Navigate To Employment, Breanne Pleggenkuhle, Alaina Bearsby Steele, Elle Gray Teshima Nov 2017

Employment Pathways: How Former Offenders Navigate To Employment, Breanne Pleggenkuhle, Alaina Bearsby Steele, Elle Gray Teshima

Qualitative Criminology (QC)

"Employment is one of the most critical dimensions of reintegration, and much research documents the barriers formerly incarcerated persons experience in seeking out steady work. However, most offenders are ultimately successful in obtaining some form of employment. Less research discusses how offenders manage these barriers or examines the practice by which offenders navigate employment pathways, and even less examines whether particular offense categories further challenge the process. The current research utilizes qualitative data to examine the methods by which ex-offenders seek out and obtain employment, with an emphasis on the function of self-motivating practices, access to services, and the utilization …

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“Losing The Humanity Of The Street”: Retired Police Officer Narratives Of The Evolution Of Low-Level Enforcement In New York City, Megan Welsh Nov 2017

“Losing The Humanity Of The Street”: Retired Police Officer Narratives Of The Evolution Of Low-Level Enforcement In New York City, Megan Welsh

Qualitative Criminology (QC)

"Low-level enforcement activities such as pedestrian and traffic stops, the issuance of criminal court summonses (tickets or citations), and misdemeanor arrests comprise the vast majority of police-citizen encounters relative to the policing of more serious, felony-level offenses. The complexities of these activities – particularly from the perspectives of the police officers who carry them out – have received relatively little scholarly attention. In an effort to more fully understand the nuances of low-level enforcement, in particular how such activities have changed over time and how police officers have experienced such changes, in-depth interviews were conducted with a small sample of …

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Forrest Stuart, Down, Out, And Under Arrest: Policing And Everyday Life In Skid Row, Jordan Denton Nov 2017

Forrest Stuart, Down, Out, And Under Arrest: Policing And Everyday Life In Skid Row, Jordan Denton

Qualitative Criminology (QC)

"Aggressive crime control strategies such as stop-and-frisk and poverty governance bring forth contentious debates on their impact. Proponents argue the policies are needed to combat crime, while opponents contend they are oppressive, harmful, and discriminatory. It is rare in these discussions that the perspectives of the control agents and the public impacted by the policies are simultaneously engaged. Forrest Stuart in his book Down, Out, and Under Arrest: Policing and Everyday Life in Skid Row fills this gap using ethnographic and historical data to depict how poverty governance impacts the everyday interactions of Skid Row residents, police, and community organizations. …

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‘It Just Be Like That’:Young Men’S And Women’S Attributions Of Negative Sexual Behavior, Christopher W. Mullins, Daniel R. Kavish Nov 2017

‘It Just Be Like That’:Young Men’S And Women’S Attributions Of Negative Sexual Behavior, Christopher W. Mullins, Daniel R. Kavish

Qualitative Criminology (QC)

"This paper provides an examination of the role that male peer support plays in negative sexual attitudes and behaviors vis-àvis women. Drawing on semi-structured interview data collected from at risk high school students in an urban Midwestern town, we are able to qualitatively explore attitudes, behaviors, and experiences within this group of young men and women as they relate to negative sexual behaviors. We integrate routine activites theory with a male peer support theory of violence to to obtain a more holistic view of negative sexual behaviors. Male peer support models provide us with a theoretical explanation of the variation …

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“They Teach You How To Weather The Storm, But They Don’T Teach You How To Dance In The Rain:” Veterans’ Perspectives On The Pathways To Criminal Justice Involvement, Kelli E. Canada, Clark Peters Jun 2017

“They Teach You How To Weather The Storm, But They Don’T Teach You How To Dance In The Rain:” Veterans’ Perspectives On The Pathways To Criminal Justice Involvement, Kelli E. Canada, Clark Peters

Qualitative Criminology (QC)

"Some veterans face elevated risk of mental illness, alcohol, and drug use, and difficulty adjusting post-deployment, which can increase the risk of homelessness and contact with the criminal justice system (Elbogen et al., 2012). This study adds to the limited and mixed findings regarding factors associated with criminal offending among veterans. It explores, from veterans’ perspectives, what contributes to their criminal justice involvement. In-depth interviews with 28 U.S. Veterans on probation or parole explored their military service, mental health, and the events surrounding arrests. Findings indicate that substance use was a significant contributor to arrests. Alcohol and drugs were used …

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