Social and Behavioral Sciences Commons^™

Lessons For Legalizing Love: A Case Study Of The Naz Foundation's Campaign To Decriminalize Homosexuality In India, Preston G. Johnson

Capstone Collection

In 1860, British colonizers codified Section 377 into the Indian Penal Code. 377 is an anti-sodomy law based on Victorian/Judeo-Christian values which criminalizes homosexuality through judicial interpretation and the manipulation of ambiguous language. On August 15^th, 2017, India celebrated 70 years of independence from British control, yet 377 still exerts oppressive control over the safety and freedom of Indian LGBTQI communities. Defining queerness as perversion has caused LGBTQI individuals to become victims of false accusations, blackmail, harassment, housing and workplace discrimination, familial rejection, forced “conversion therapy”, assault, rape, torture, and even murder because of this power imbalance and …

Keeping The Government's Hands Off Our Bodies: Mapping A Feminist Legal Theory Approach To Privacy In Cross-Gender Prison Searches, Teresa A. Miller

Teresa A. Miller

The power of privacy is diminishing in the prison setting, and yet privacy is the legal theory prisoners rely upon most to resist searches by correctional officers. Incarcerated women in particular rely upon privacy to shield them from the kind of physical contact that male guards have been known to abuse. The kind of privacy that protects prisoners from searches by guards of the opposite sex derives from several sources, depending on the factual circumstances. Although some form of bodily privacy is embodied in the First, Fourth, Eighth, and Fourteenth Amendments, prisoners challenging the constitutionality of cross-gender searches most commonly …

Sex & Surveillance: Gender, Privacy & The Sexualization Of Power In Prison, Teresa A. Miller

Teresa A. Miller

In prison, surveillance is power and power is sexualized. Sex and surveillance, therefore, are profoundly linked. Whereas numerous penal scholars from Bentham to Foucault have theorized the force inherent in the visual monitoring of prisoners, the sexualization of power and the relationship between sex and surveillance is more academically obscure. This article criticizes the failure of federal courts to consider the strong and complex relationship between sex and surveillance in analyzing the constitutionality of prison searches, specifically, cross-gender searches. The analysis proceeds in four parts. Part One introduces the issues posed by sex and surveillance. Part Two describes the sexually …

Bright Lines, Black Bodies: The Florence Strip Search Case And Its Dire Repercussions, Teresa A. Miller

Teresa A. Miller

Part I is a brief history of Search and Seizure law, focusing on seismic doctrinal shifts that occurred from the 1950s to the present. As a framework for the important cases, the Founders’ concerns about abuse of governmental authority are discussed, as well as the rights protected by the Fourth Amendment. Various governmental programs will also be presented, such as the War on Drugs and its call for a large-scale federal anti-drug policy, first initiated by President Richard Nixon in 1969. Part II is a description of the central reasoning presented in Florence v. Board of Chosen Freeholders, including the …

19. Child Witnesses., Thomas D. Lyon, Kelly Mcwilliams, Shanna Williams

Thomas D. Lyon

61. The Relation Between Young Children’S False Statements And Response Latency, Executive Functioning, And Truth–Lie Understanding., Shanna Williams, Elizabeth C. Ahern, Thomas D. Lyon

Thomas D. Lyon

60. The Effects Of Promising To Tell The Truth, The Putative Confession, And Recall And Recognition Questions On Maltreated And Non-Maltreated Children’S Disclosure Of A Minor Transgression., Jodi A. Quas, Stacia N. Stolzenberg, Thomas D. Lyon

Thomas D. Lyon

Capital Punishment In The Age Of Terrorism, Norman L. Greene, Norman Redlich, David Bruck, Paul Saunders, Richard Weisberg, Kenneth Roth

The Catholic Lawyer

No abstract provided.

The Scale Of Imprisonment In The United States: Twentieth Century Patterns And Twenty-First Century Prospects, Franklin E. Zimring

Franklin E. Zimring

No abstract provided.

Book Review: The Killing Of Death: Denying The Genocide Against The Tutsis, Kee En Chong

Genocide Studies and Prevention: An International Journal

No abstract provided.

Remembering An Abolitionist, Ambassador John R. Miller (May 23, 1938-October 4, 2017), Eleanor Kennelly Gaetan, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

A memorial for Ambassador-at-Large to Monitor and Combat Trafficking in Persons, John R. Miller (May 23, 1938-October 4, 2017). Ambassador Miller believed modern-day slavery, encompassing sex trafficking and forced labor, requires a principled global offensive that the United States is morally obligated to lead. In the four formative years he led the State Department’s Office to Monitor and Combat Trafficking in Persons, 2002 to 2006, John Miller set the office’s course as diplomatically aggressive and programmatically creative. He made the annual Trafficking in Persons report more than a bureaucratic submission, putting daring heroes at the center, and insisting on compelling …

African Americans And Punishment For Crime: A Critique Of Mainstream And Neoliberal Discourses, Jason M. Williams, Nishaun Tarae Battle

Department of Justice Studies Faculty Scholarship and Creative Works

Understandings of punishment within the criminological enterprise have failed to capture the nuances associated with experiencing punishment. Moreover, mainstream academic discourses are inherently anachronistic in their conclusions on punishment, thus leaving significant gaps to be filled. One such gap is that of racialized history. This article attempts to make sense of punishment discourses (past and present) by situating them in their proper context. We argue that punishment, in particular for Blacks, is ideological and longstanding. Moreover, we posit that the prolonged punishment of Blacks is hyper manifested in contemporary society via neoliberal logic that has increasingly disabled race as a …

The Welfare Effects Of Civil Forfeiture, Michael Preciado, Bart J. Wilson

ESI Publications

Using a laboratory experiment we explore competing claims on the welfare effects of civil forfeiture. Experiment participants are tasked with making trade-offs in allocating resources “to fight crime” with and without the ability to seize and forfeit assets. It is an open question whether the societal impact of reducing crime is greater in a world with or without civil forfeiture. Proponents of civil forfeiture argue that the ill-gotten gains of criminals can be used by law enforcement to further fight crime. Opponents claim that the confiscation of assets by law enforcement distorts the prioritization of cases by focusing attention, not …

Prosecuting Buyers In Human Trafficking Cases: An Analysis Of The Implications Of United States V. Jungers And United States V. Bonestroo, Andrea J. Nichols, Erin Heil

Dignity: A Journal of Analysis of Exploitation and Violence

This article provides a review and analysis of United States v. Jungers and United States v. Bonestroo, important court cases providing precedent for charging buyers of sex as traffickers in cases involving minors. The decisions in these court cases, and in subsequent cases, further solidify the presence of end-demand efforts in the form of prosecution. Yet, the decisions in these cases raise additional questions about their implications for state-level prosecution, the prosecution of buyers in cases involving adults who experience sex trafficking, and the buyers of trafficked labor. Drawing from an analysis of relevant cases, this article analyzes the …

Femmes, Migration, Et Prostitution En Europe: Il N’Est Pas Question De “Travail De Sexe”, Anna Zobnina

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Genealogy Of The Concept Of "Hate Crime": The Cultural Implications Of Legal Innovation And Social Change, Roslyn Myers

Dissertations, Theses, and Capstone Projects

The term "hate crime" is new to legislative and public discourse, as well as legal and social science scholarship. A decade after the concept of a "hate crime" was introduced in Congress, the 2009 Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act (HCPA), to punish criminal actors who target victims because of their characteristics (race, color ethnicity, sexual orientation, religion, gender, gender identity, or disability). Using relevant archival sources, this project uses genealogical qualitative methods to examine the interplay of cultural elements manifested in this provocative term, which reflect dominance and subjugation among social groups (In- and Out-Groups) …

Individual Levels Of Bias And Immigration Policies In The United States: A Test And Extension Of The Dual Processing Model Of Bias, Lorraine Phillips

Dissertations, Theses, and Capstone Projects

The present study was a test and extension of the Dual Process Model of bias on attitudes toward immigrants and immigration policy in the United States. The Dual Process Model predicts that people who score higher on either the Social Dominance Orientation scale or the Right Wing Authoritarian scale will hold more negative attitudes toward immigrants, particularly if immigrants are viewed as a threat. A sample of 315 participants from across the United States was recruited using Amazon’s M Turk site. This study used a combination of attitudinal measures, policy scales, and experimental vignettes. The study found that the Dual …

Brief Of Amici Curiae Of 11 Addiction Experts In Support Of Appellee, Gene M. Heyman, Scott O. Lilienfeld, Stephen J. Morse, Sally L. Satel

All Faculty Scholarship

This brief is a critique of the brain disease model and many supposed implications of that model. It begins with a brief history of the model and moves to a discussion of the motivations behind the characterization of addiction as a “chronic and relapsing brain disease.” We follow with an enumeration of fallacious inferences based upon the brain disease model, including the very notion that addiction becomes a “brain disease” simply because it has neurobiological correlates. Regardless of whether addiction is labeled a brain disease, the real question, we contend, is whether the behavioral manifestations of addiction are unresponsive to …

Volume 1, Issue 1 (2017) Inaugural Issue

International Journal on Responsibility

Contents:

1 – 4 Terry Beitzel, Who is Responsible to do what for Whom? A letter from the Editor-in-Chief.

5 – 20 Arun Gandhi, What Does Responsibility Mean to Me?

21 – 42 T.Y. Okosun, Political Flip-flopping, Political Responsibility, Current Governance, and the Disenfranchised.

43 – 54 Hal Pepinsky, Resolving the Paradox of Holding People Responsible.

55 – 66 Kendra A. Hollern, Dying with Dignity: Where is the Compassion in Compassionate Release Programs?

67 – 82 Sabiha Shala & Gjylbehare Muharti, Who is Responsible for Ethical Legal Education, for what and to whom? Case of Kosovo.

83 Acknowledgments.

Restorative Justice: A Look At Victim Offender Mediation Programs, Katie L. Moran

21st Century Social Justice

This report conceptualizes the effectiveness and benefits of utilizing the restorative justice model of Victim Offender Mediation (VOM) within the criminal and juvenile justice systems to serve the rights of victims, offenders, and society more justly. Victim Offender Mediation is discussed as a possible alternative justice model which reframes the victim-offender relationship to foster and respect the dignity and worth of each participant. This restorative justice model combats victims’ feelings of helplessness by giving them back their voice, while having the potential to specifically offer relief to those secondarily victimized by the legal system in cases of simple rape. Offenders …

Corpus Linguistics And The Criminal Law, Carissa Byrne Hessick

BYU Law Review

This brief response to Ordinary Meaning and Corpus Linguistics, an article by Stefan Gries and Brian Slocum, explains why corpus linguistics represents a radical break from current statutory interpretation practice, and it argues that corpus linguistics ought not be adopted as an interpretive theory for criminal laws. Corpus linguistics has superficial appeal because it promises to increase predictability and to decrease the role of judges’ personal preferences in statutory interpretation. But there are reasons to doubt that corpus linguistics can achieve these goals. More importantly, corpus linguistics sacrifices other, more important values, including notice and accountability.

Tragedy, Outrage & Reform: Crimes That Changed Our World: 1983 – Thurman Beating - Domestic Violence, Paul H. Robinson, Sarah M. Robinson

All Faculty Scholarship

Can a crime make our world better? Crimes are the worst of humanity’s wrongs but, oddly, they sometimes do more than anything else to improve our lives. As it turns out, it is often the outrageousness itself that does the work. Ordinary crimes are accepted as the background noise of our everyday existence but some crimes make people stop and take notice – because they are so outrageous, or so curious, or so heart-wrenching. These “trigger crimes” are the cases that this book is about.

They offer some incredible stories about how people, good and bad, change the world around …

Conclusion: Trigger Crimes & Social Progress, Paul H. Robinson, Sarah M. Robinson

All Faculty Scholarship

Can a crime make our world better? Crimes are the worst of humanity’s wrongs but, oddly, they sometimes do more than anything else to improve our lives. It is often the outrageousness itself that does the work. Ordinary crimes are accepted as the background noise of everyday existence but some crimes make people stop and take notice – because they are so outrageous or so heart-wrenching.

This brief essay explores the dynamic of tragedy, outrage, and reform, illustrating how certain kinds of crimes can trigger real social progress. Several dozen such “trigger crimes” are identified but four in particular are …

A Cross-Sectional Exploration Of Household Financial Reactions And Homebuyer Awareness Of Registered Sex Offenders In A Rural, Suburban, And Urban County., John Charles Navarro

Electronic Theses and Dissertations

As stigmatized persons, registered sex offenders betoken instability in communities. Depressed home sale values are associated with the presence of registered sex offenders even though the public is largely unaware of the presence of registered sex offenders. Using a spatial multilevel approach, the current study examines the role registered sex offenders influence sale values of homes sold in 2015 for three U.S. counties (rural, suburban, and urban) located in Illinois and Kentucky within the social disorganization framework. Homebuyers were surveyed to examine whether awareness of local registered sex offenders and the homebuyer’s community type operate as moderators between home selling …

Report Of The Delaware Criminal Law Recodification Project, Paul H. Robinson, Matthew Kussmaul, Ilya Rudyak, Criminal Law Research Group

All Faculty Scholarship

In 1973, during the “first wave” of American criminal law recodification efforts following the publication of the Model Penal Code, Delaware adopted a new criminal code. While it represented a dramatic improvement over the law it replaced, its initial clarity and utility were greatly diminished by subsequent piecemeal legislation. Delaware’s current criminal code is lengthy, inconsistent, and replete with duplicative and outdated offenses that impose disproportional punishments. This process of criminal code deterioration is not unique to Delaware and plagues other U.S. jurisdictions. In 2015, however, stakeholders in Delaware’s criminal justice system initiated a code revision process, commissioning the authors …

Today's Porn: Not A Constitutional Right; Not A Human Right, Patrick Trueman

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Amend The Communications Decency Act To Protect Victims Of Sexual Exploitation, Samantha Vardaman

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

The Freedom From Sexploitation Agenda: Policy And Legislative Recommendations To Curb Sexual Exploitation, Dawn Hawkins

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Introduction To Dignity Special Issue: Freedom From Sexploitation, Lisa L. Thompson, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Inextricably Bound: Strip Clubs, Prostitution, And Sex Trafficking, Dan O'Bryant

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.