Open Access. Powered by Scholars. Published by Universities.®

Social and Behavioral Sciences Commons

Open Access. Powered by Scholars. Published by Universities.®

Criminal Law

PDF

2014

Institution
Keyword
Publication
Publication Type

Articles 1 - 30 of 87

Full-Text Articles in Social and Behavioral Sciences

The Diary Of An Ex-Con, Erica Edwards Dec 2014

The Diary Of An Ex-Con, Erica Edwards

Capstones

Evelyn Litwok talks about abuse that incarcerated people experience in prison and the punishment inmates face when they attempt to address it with administration.


Reliability Matters: Reassociating Bagley Materiality, Strickland Prejudice, And Cumulative Harmless Error, John H. Blume, Christopher Seeds Dec 2014

Reliability Matters: Reassociating Bagley Materiality, Strickland Prejudice, And Cumulative Harmless Error, John H. Blume, Christopher Seeds

John H. Blume

No abstract provided.


Discovering A Gold Mine Of U.S. Government Information: Exploring The Hathitrust Catalog And Its Rich Veins, Bert Chapman Dec 2014

Discovering A Gold Mine Of U.S. Government Information: Exploring The Hathitrust Catalog And Its Rich Veins, Bert Chapman

Libraries Faculty and Staff Presentations

The Hathitrust Catalog provides researchers at member institutions with exponentially expanded access to historical U.S. Government information resources. This presentation describes how researchers can use this resource to conduct substantive research using government information resources on public policy issues such as Internal Revenue Service program problems, infectious diseases such as Ebola, and U.S. foreign relations with the former Soviet Union/Russian Federation.


Loyalty's Reward — A Felony Conviction: Recent Prosecutions Of High-Status Female Offenders, Michelle S. Jacobs Nov 2014

Loyalty's Reward — A Felony Conviction: Recent Prosecutions Of High-Status Female Offenders, Michelle S. Jacobs

Michelle S Jacobs

Between 2001 and 2004, six high-status women were charged with crimes in connection with corporate criminal cases. The public is familiar with some of them, although not all of their cases have been covered equally in the press. With the exception of an occasional article now and then mentioning the exploding rates of female incarceration, women's crime tends to be invisible to the public eye. The statistical data the government collects and analyzes on women and crime will be discussed. This article will focus on the prosecution of the individual cases of Lea Fastow, Betty Vinson, and Martha Stewart. Their …


Psychological Mechanisms Underlying Support For Juvenile Sex Offender Registry Laws: Prototypes, Moral Outrage, And Perceived Threat, Margaret C. Stevenson, Cynthia J. Najdowski, Jessica M. Salerno, Tisha R.A. Wiley, Bette L. Bottoms, Katlyn S. Farum Nov 2014

Psychological Mechanisms Underlying Support For Juvenile Sex Offender Registry Laws: Prototypes, Moral Outrage, And Perceived Threat, Margaret C. Stevenson, Cynthia J. Najdowski, Jessica M. Salerno, Tisha R.A. Wiley, Bette L. Bottoms, Katlyn S. Farum

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 …


Establishing A Suitable Lay Participation System For The Taiwanese Criminal Justice System, Yi-Lin Lou Nov 2014

Establishing A Suitable Lay Participation System For The Taiwanese Criminal Justice System, Yi-Lin Lou

Maurer Theses and Dissertations

This research focuses on a recent judicial reform measure proposed by the Taiwanese Judicial Yuan in 2011. The measure’s objective was to improve the criminal justice system via the implementation of a so-called “lay observer system.” The dissertation begins with an analysis regarding whether the Taiwanese criminal justice system needs to reform, and it considers whether the introduction of the proposed lay observer system would be a reasonable means of achieving the Judicial Yuan’s goals and meeting its expectations, which include rebuilding the Taiwanese society’s trust in the professional judges’ credibility and the court’s fairness. The second part of this …


5. American Professional Society On The Abuse Of Children In Support Of Petitioner, Ohio V. Clark (Merits), Thomas D. Lyon Oct 2014

5. American Professional Society On The Abuse Of Children In Support Of Petitioner, Ohio V. Clark (Merits), Thomas D. Lyon

Thomas D. Lyon

No abstract provided.


40. Question Types, Responsiveness And Self-Contradictions When Prosecutors And Defense Attorneys Question Alleged Victims Of Child Sexual Abuse, Samantha J. Andrews, Michael E. Lamb, Thomas D. Lyon Oct 2014

40. Question Types, Responsiveness And Self-Contradictions When Prosecutors And Defense Attorneys Question Alleged Victims Of Child Sexual Abuse, Samantha J. Andrews, Michael E. Lamb, Thomas D. Lyon

Thomas D. Lyon

We examined 120 trial transcripts of 6- to 12-year-old children testifying to sexual abuse. Age and attorney role were analyzed in relation to question types, children’s responsiveness, and self-contradiction frequency. A total of 48,716 question-response pairs were identified. Attorneys used more closed-ended than open-ended prompts. Prosecutors used more invitations (3% vs. 0%), directives and option-posing prompts than defence attorneys, who used more suggestive prompts than prosecutors. Children were more unresponsive to defence attorneys than to prosecutors. Self-contradictions were identified in 95% of the cases. Defence attorneys elicited more self-contradictions than prosecutors, but nearly all prosecutors (86%) elicited at least one …


A First Look At The Plea Deal Experiences Of Juveniles Tried In Adult Court, Tarika Daftary-Kapur, Tina Zottoli Oct 2014

A First Look At The Plea Deal Experiences Of Juveniles Tried In Adult Court, Tarika Daftary-Kapur, Tina Zottoli

Department of Justice Studies Faculty Scholarship and Creative Works

While there is a large body of research on the legal capacities of adolescents, this research largely has neglected the plea-deal context. To learn about adolescents’ understanding of the plea process and their appreciation of the short- and long-term consequences of accepting a plea deal, we conducted interviews with 40 juveniles who were offered plea deals in adult criminal court. Participants displayed a limited understanding of the plea process were not fully aware of their legal options and appeared to be overly influenced by the short-term benefits associated with accepting their plea deals. Limited contact with attorneys may have contributed …


39. Young Children’S Difficulty With Indirect Speech Acts: Implications For Questioning Child Witnesses, Angela D. Evans, Stacia N. Stolzenberg, Kang Lee, Thomas D. Lyon Oct 2014

39. Young Children’S Difficulty With Indirect Speech Acts: Implications For Questioning Child Witnesses, Angela D. Evans, Stacia N. Stolzenberg, Kang Lee, Thomas D. Lyon

Thomas D. Lyon

Prior research suggests that infelicitous choice of questions can significantly underestimate children’s actual abilities, independently of suggestiveness. One possibly difficult question type is indirect speech acts such as “Do you know…” questions (DYK, e.g., “Do you know where it happened?”). These questions directly ask if respondents know, while indirectly asking what respondents know. If respondents answer “yes,” but fail to elaborate, they are either ignoring or failing to recognize the indirect question (known as pragmatic failure). Two studies examined the effect of indirect speech acts on maltreated and non-maltreated 2- to 7-year-olds’ post-event interview responses. Children were read a story …


Humane Punishment For Seriously Disordered Offenders: Sentencing Departures And Judicial Control Over Conditions Of Confinement, E. Lea Johnston Oct 2014

Humane Punishment For Seriously Disordered Offenders: Sentencing Departures And Judicial Control Over Conditions Of Confinement, E. Lea Johnston

E. Lea Johnston

At sentencing, a judge may foresee that an individual with a major mental disorder will experience serious psychological or physical harm in prison. In light of this reality and offenders’ other potential vulnerabilities, a number of jurisdictions currently allow judges to treat undue offender hardship as a mitigating factor at sentencing. In these jurisdictions, vulnerability to harm may militate toward an order of probation or a reduced term of confinement. Since these measures do not affect offenders’ day-to-day experience in confinement, these expressions of mitigation fail to protect adequately those vulnerable offenders who must serve time in prison. This Article …


Vulnerability And Just Desert: A Theory Of Sentencing And Mental Illness, E. Lea Johnston Oct 2014

Vulnerability And Just Desert: A Theory Of Sentencing And Mental Illness, E. Lea Johnston

E. Lea Johnston

This Article analyzes risks of serious harms posed to prisoners with major mental disorders and investigates their import for sentencing under a just deserts analysis. Drawing upon social science research, the Article first establishes that offenders with serious mental illnesses are more likely than non-ill offenders to suffer physical and sexual assaults, endure housing in solitary confinement, and experience psychological deterioration during their carceral terms. The Article then explores the significance of this differential impact for sentencing within a retributive framework. It first suggests a particular expressive understanding of punishment, capacious enough to encompass foreseeable, substantial risks of serious harm …


The Persistence Of Slavery In Rhode Island: Human Trafficking In The Ocean State (Abtract, Peer-Reviewed), Donna M. Hughes Dr., Rachel Dunham, Lucy Tillman, Faith Skodmin, Jessica Wainfor Oct 2014

The Persistence Of Slavery In Rhode Island: Human Trafficking In The Ocean State (Abtract, Peer-Reviewed), Donna M. Hughes Dr., Rachel Dunham, Lucy Tillman, Faith Skodmin, Jessica Wainfor

Donna M. Hughes

This panel will discuss the persistence of slavery in the form of human trafficking in Rhode Island. To address modern-day slavery-like practices, the U.S. passed the Trafficking Victims Protection Act in 2000 and Rhode Island passed the Trafficking of Persons and Involuntary Servitude Act in 2009. Both state and federal anti-human trafficking laws identify two types of human trafficking: forced labor and sex trafficking.

This panel will present the findings of original research done by the five authors during the Spring 2014 on human trafficking cases in Rhode Island from 2009-2013. Sources for analysis of these cases include: police reports, …


Presentation, The Persistence Of Slavery In Rhode Island: Human Trafficking In The Ocean State, Donna M. Hughes Dr., Rachel Dunham, Lucy Tillman Oct 2014

Presentation, The Persistence Of Slavery In Rhode Island: Human Trafficking In The Ocean State, Donna M. Hughes Dr., Rachel Dunham, Lucy Tillman

Donna M. Hughes

No abstract provided.


Confessions And Culture: The Interaction Of Miranda And Diversity, Floralynn Einesman Oct 2014

Confessions And Culture: The Interaction Of Miranda And Diversity, Floralynn Einesman

Floralynn Einesman

No abstract provided.


School Shootings And Principals' Perception Of Armed Personnel In An Education Setting, Richard Reyes Oct 2014

School Shootings And Principals' Perception Of Armed Personnel In An Education Setting, Richard Reyes

Seton Hall University Dissertations and Theses (ETDs)

The purpose of this study was to explore the dilemma principals have in determining the best approach to provide safe environment for their students and faculty, while at the same time creating an environment that is conducive to education.

The study looked at an urban school district with a marginalized community with low socioeconomic status as identified by the District Factor Group A. Twelve school principals were interviewed to gather information of their perceptions in relation to having armed personnel in their schools.

The literature on school shootings and armed personnel in schools was reviewed. The literature consisted of peer-reviewed …


The Homicide Survivors’ Fairness-For-Victims Manifesto, Lester Jackson Oct 2014

The Homicide Survivors’ Fairness-For-Victims Manifesto, Lester Jackson

LESTER JACKSON

Murderer advocates place a far greater value on the lives of the most savage murderers than on the lives of their victims. Let them deny it; their words and deeds conclusively give the lie to that denial. The critical question is this: Whose concept of justice is going to prevail? The concept of a small but vocal well-financed minority with influence and power out of all proportion to its numbers, or that of the large but poorly financed and disorganized majority. In recent decades, the former have dominated. Tragically, compared to media-dominant murderer advocates, victims have been virtually voiceless. Yes, …


The Death Penalty’S “Finely Tuned Depravity Calibrators” Fairness Follies Of Fairness Phonies Fixated On Criminals Instead Of Crimes, Lester Jackson Oct 2014

The Death Penalty’S “Finely Tuned Depravity Calibrators” Fairness Follies Of Fairness Phonies Fixated On Criminals Instead Of Crimes, Lester Jackson

LESTER JACKSON

It has been loudly and repeatedly proclaimed by opponents that capital punishment is “unfair.” In their view, it is unfair because (1) only some murderers receive the ultimate sentence and (2) they are not the most deserving. Underlying this view is the remarkable assumption that fairness is subject to “fine tuning” and “moral accuracy.” It is argued here that this assumption is indefensible both in theory and in practice. As a theoretical matter, it is insupportable to suggest that matters of conscience, right and wrong, are subject to calibration or “accuracy.” Right and wrong are not determined in the same …


Human Rights Infringements In Brazil’S Penitentiary System Understood Through Access To Healthcare, Sara Morris Oct 2014

Human Rights Infringements In Brazil’S Penitentiary System Understood Through Access To Healthcare, Sara Morris

Independent Study Project (ISP) Collection

Brazil has a reputation of being home to some of the worst penitentiary conditions worldwide, eventually leading the United Nations to make an appeal to the Brazilian government in 2003 to analyze their systems and make necessary improvements. The poor conditions and lack of access to legal counsel, living space, and specifically healthcare, cause riots and uprisings within prisons that in the past have lead to death of prisoners and guards. Prisons serve a very specific purpose in society, and according to most social theorists that is to reform, not to torture. In Brazil there is no capital punishment, so …


Femicide In Bolivia After Law 348, Adán Martínez Oct 2014

Femicide In Bolivia After Law 348, Adán Martínez

Independent Study Project (ISP) Collection

This project explores the concept of femicide from a unique perspective, by analyzing the effect that Law #348: The Internal Law to Guarantee Women a Life Without Violence after a year that it passed during the Morales' administration. I examine two crucial questions to this study: 1) How do we explain the paradox that although this law has passed, today we see an increase in the number of femicides in Bolivia? 2) What are the obstacles that prevent that application of law 348 3) What can we do to put a stop to femicides? I demonstrate that several factors like …


Reconstructing The Criminal Defenses: The Significance Of Justification, Thomas Morawetz Sep 2014

Reconstructing The Criminal Defenses: The Significance Of Justification, Thomas Morawetz

Thomas H. Morawetz

No abstract provided.


Abuse Of Property Right Without Political Foundations: A Response To Katz, Mitchell N. Berman Aug 2014

Abuse Of Property Right Without Political Foundations: A Response To Katz, Mitchell N. Berman

All Faculty Scholarship

In an article recently published in the Yale Law Journal, Larissa Katz defends a heterodox principle of abuse of property right pursuant to which an owner abuses her rights with respect to a thing she owns if she makes an otherwise permitted decision about how to use that thing just in order to harm others, either out of spite, or for leverage. Katz grounds that principle in a novel theory of the political foundations of the institution of property ownership. This essay argues that Katz’s political theory is implausible, but that this should not doom her preferred principle of …


Neighborhood Differences In Attitudes Toward Policing: Evidence For A Mixed-Strategy Model Of Policing In A Multi-Ethnic Setting, Roger G. Dunham, Geoffrey P. Alpert Aug 2014

Neighborhood Differences In Attitudes Toward Policing: Evidence For A Mixed-Strategy Model Of Policing In A Multi-Ethnic Setting, Roger G. Dunham, Geoffrey P. Alpert

Roger G. Dunham Dr.

No abstract provided.


The Corrections System Must Make More Accommodations For The Needs Of Motherhood During Incarceration And The Parole Period, Susan Bloom Aug 2014

The Corrections System Must Make More Accommodations For The Needs Of Motherhood During Incarceration And The Parole Period, Susan Bloom

Theses & Dissertations

While the overall prison population has experienced an unprecedented growth period over the past thirty years, no segment has grown at a faster rate than the female population. Since the majority of female inmates in this country are mothers, it is imperative that the corrections system addresses the unique needs of this subset. This thesis investigates problems women face during the pregnancy period, while in labor and delivery, while their progenies are infants, children and adolescents and reunification issues during the parole period.


38. Social And Cognitive Factors Associated With Children's Secret-Keeping For A Parent., Heidi M. Gordon, Thomas D. Lyon, Kang Lee Jul 2014

38. Social And Cognitive Factors Associated With Children's Secret-Keeping For A Parent., Heidi M. Gordon, Thomas D. Lyon, Kang Lee

Thomas D. Lyon

This study examined children’s secret-keeping for a parent and its relation to trust, theory of mind, secrecy endorsement, and executive functioning (EF). Children (N = 107) between 4 and 12 years of age participated in a procedure wherein parents broke a toy and asked children to promise secrecy. Responses to open-ended and direct questions were examined. Overall, secret-keeping increased with age and promising to keep the secret was related to fewer disclosures in open-ended questioning. Children who kept the secret in direct questioning exhibited greater trust and better parental ratings of EF than children who disclosed the secret. Findings highlight …


Discipline And The Pipeline To The 'Pen': A Proposal For Change, Sharlette A. Kellum-Gilbert Ph.D. Jul 2014

Discipline And The Pipeline To The 'Pen': A Proposal For Change, Sharlette A. Kellum-Gilbert Ph.D.

Dr. Sharlette A. Kellum-Gilbert

Consciously or subconsciously, educators are funneling our children from schools to prisons. Moreover, they’re uploading African American and Hispanic children into the system at a number that is measurably out of proportion to their White counterparts. Ticketing students for minor behavior infractions and labeling them as “alternative” often causes them to act out alternatively. Becker (1963) believes that those who create rules and labels for others that do not follow those rules are actually responsible for creating deviance. Ultimately, when students are hastily ticketed and charged when they act out, it’s much easier for them to drop out of school …


Domestic Violence Victims - An Examination Of Advocates' Experiences And Impact On Services, Tanya M. Grant Jul 2014

Domestic Violence Victims - An Examination Of Advocates' Experiences And Impact On Services, Tanya M. Grant

Criminal Justice Faculty Publications

This qualitative study examines advocates’ phenomenological experiences with victims of domestic violence, specifically whether advocates’ personal biases impede the delivery of services to victims. Agencies and shelters in the communities that serve victims of domestic violence are an invaluable resource; however, if advocates are not providing appropriate services, victims can often find themselves in a more traumatic state. Ten domestic violence advocates throughout the State of Connecticut were interviewed and asked a series of questions pertaining directly to their day-to-day roles. The study also examined their attitudes about domestic violence, their perceptions of the work they do, and whether or …


Introduction To The Structure And Limits Of Criminal Law, Paul H. Robinson, Joshua Samuel Barton Jul 2014

Introduction To The Structure And Limits Of Criminal Law, Paul H. Robinson, Joshua Samuel Barton

All Faculty Scholarship

The book The Structure and Limits of Criminal Law (Ashgate) collects and reprints classic articles on three topics: the conceptual structure of criminal law doctrine, the conduct necessary and that sufficient for criminal liability, and the offender culpability and blameworthiness necessary and that sufficient for criminal liability. The collection includes articles by H.L.A. Hart, Sanford Kadish, George Fletcher, Herbert Packer, Norval Morris, Gordon Hawkins, Andrew von Hirsch, Bernard Harcourt, Richard Wasserstrom, Andrew Simester, John Darley, Kent Greenawalt, and Paul Robinson. This essay serves as an introduction to the collection, explaining how each article fits into the larger debate and giving …


Not All Women Are Mothers: Addressing The Invisibility Of Women Under The Control Of The Criminal Justice System Who Do Not Have Children, Venezia Michalsen, Jeanne Flavin Jun 2014

Not All Women Are Mothers: Addressing The Invisibility Of Women Under The Control Of The Criminal Justice System Who Do Not Have Children, Venezia Michalsen, Jeanne Flavin

Department of Justice Studies Faculty Scholarship and Creative Works

Research has consistently shown that most women under the control of the criminal justice system are mothers. The robustness of this finding has been accompanied by a failure to consider the characteristics and needs of women without children. In this study, we examine data on 1,334 formerly incarcerated women. Findings indicate that while mothers and non-mothers share some characteristics, they differ on several others, most notably demographic profile, mental health, and timing of contacts with the criminal justice system. These results suggest a need to recognize the diversity among women offender groups, particularly when developing policies and programs need.


Policing Cyber Bullying: How Parents, Educators, And Law Enforcement Respond To Digital Harassment, Ryan Broll Jun 2014

Policing Cyber Bullying: How Parents, Educators, And Law Enforcement Respond To Digital Harassment, Ryan Broll

Electronic Thesis and Dissertation Repository

Some prior research has emphasised how adults ought to address cyber bullying, yet little is known about how they actually prevent and respond to digital harassment. This study addresses this gap in the literature by exploring the formal and informal “policing” of cyber bullying by a network of security actors: parents, teachers and school administrators, and the public police. Data were collected through a mixed methods research design consisting of semi-structured qualitative interviews with eight parents, 14 teachers, and 12 members of law enforcement (n = 34) and quantitative surveys completed by 52 parents.

Drawing upon nodal governance theory as …