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Full-Text Articles in Social and Behavioral Sciences

Theorizing Failed Prosecutions, Jon B. Gould, Victoria M. Smiegocki, Richard A. Leo Jan 2022

Theorizing Failed Prosecutions, Jon B. Gould, Victoria M. Smiegocki, Richard A. Leo

Journal of Criminal Law and Criminology

Over the last twenty years, the scholarly field of erroneous convictions has skyrocketed, with multiple articles and books exploring the failures that convict the innocent. However, there has been comparatively little attention to the other side of the coin, failed prosecutions, when the criminal justice system falls short in convicting the likely perpetrator. In this Article, we take up an analysis of failed prosecutions, simultaneously seeking to define its breadth and explain its relation to erroneous convictions. We explore potential hypotheses for the existence of failed prosecutions and then compare those theories to a set of failed prosecutions compiled from …


Human Trafficking Of People With A Disability: An Analysis Of State And Federal Cases, Andrea Nichols, Erin Heil Jan 2022

Human Trafficking Of People With A Disability: An Analysis Of State And Federal Cases, Andrea Nichols, Erin Heil

Dignity: A Journal of Analysis of Exploitation and Violence

The current academic discourse examining human trafficking is lacking in focus on survivors with a disability. The increased likelihood of abuse experienced by people with a disability is well documented in the research literature, and a small body of research indicates heightened sex trafficking victimization of minor girls with a disability. Yet, very little research specifically examines sex and/or labor trafficking of people with a disability, and no systematic research analyzes prosecuted cases of trafficking with disability as the focal point of analysis. Drawing from a content analysis of 18 federal and 17 state cases of human trafficking, the current …


Examining Racial And Ethnic Disparity In Prosecutor’S Bail Requests And Downstream Decision Making, Connor Concannon Sep 2020

Examining Racial And Ethnic Disparity In Prosecutor’S Bail Requests And Downstream Decision Making, Connor Concannon

Dissertations, Theses, and Capstone Projects

Rigorous academic research into prosecutorial and judicial decision making has been taking place for over three decades, but a great deal remains unknown about the mechanics of prosecution. A majority of the work done by prosecutors occurs outside of public view, and most research focuses on the ‘back end’ of the adjudication process, leaving unanalyzed numerous decision points made upstream of the final plea and sentencing outcomes. Using unique data from the New York County District Attorney’s Office that tracks 43,971 felony complaints, this research examines racial and ethnic disparity at multiple decision points during case processing, with a focus …


Cybercrime And Digital Forensics: Bridging The Gap In Legislation, Investigation And Prosecution Of Cybercrime In Nigeria, Kabiru H. Mohammed, Yusuf D. Mohammed, Abiodun A. Solanke Feb 2019

Cybercrime And Digital Forensics: Bridging The Gap In Legislation, Investigation And Prosecution Of Cybercrime In Nigeria, Kabiru H. Mohammed, Yusuf D. Mohammed, Abiodun A. Solanke

International Journal of Cybersecurity Intelligence & Cybercrime

The advancement of Information and Communication Technologies (ICT) opens new avenues and ways for cybercriminals to commit crime. The primary goal of this paper is to raise awareness regarding gaps that exist with regards to Nigeria’s capabilities to adequately legislate, investigate and prosecute cases of cybercrimes. The major source of cybercrime legislation in Nigeria is an act of the National Assembly which is majorly a symbolic legislation rather than a full and active legislation. In perusing these avenues of inquiry, the authors seek to identify systemic impediments which hinder law enforcement agencies, prosecutors, and investigators from properly carrying out their …


Prosecution As The "Soul Crushing Job:" Complexities Of Campus Sexual Assault Cases, Tammi L. Slovinsky Jan 2018

Prosecution As The "Soul Crushing Job:" Complexities Of Campus Sexual Assault Cases, Tammi L. Slovinsky

Theses and Dissertations

On April 4, 2011, the U.S. Department of Education issued a Dear Colleague Letter on campus sexual assault reaffirming the intent of Title IX, the 1972 law that prohibits discrimination sex-based under any education program or activity receiving federal financial assistance. In response to growing concern over due process rights for defendants, in September 2017 the guidance was rescinded. Public policy continues to evolve, leading to potentially lasting institutional changes on many college campuses. These developments include the formalization of campus investigations and adjudications, the development of campus coordinating committees and expanded support mechanisms for victims. In Virginia, laws passed …


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 Sep 2017

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 …


Two Questions, The Same Answer: The Role Of Demand In Prostitution And Sex Trafficking, Shamere Mckenzie Jul 2017

Two Questions, The Same Answer: The Role Of Demand In Prostitution And Sex Trafficking, Shamere Mckenzie

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.