Social and Behavioral Sciences Commons^™

Injustice In The Field? A Look At Field Booking Arrests In A Southeastern City, Deena A. Isom, Kaitlen E. Hubbard, Hiuxuan Li

International Journal on Responsibility

Issuing citations in lieu of arrests, or field booking arrests, is touted as beneficial by reducing the costs for the criminal legal system; reducing the burdens placed on individuals by avoiding arrest records, possible pretrial detention, and financial obligations; bettering community relationships with officers; increasing officer safety and efficiency; and reducing jail overcrowding. Yet, there are still substantial concerns that the practice may be disproportionately utilized and lead to net-widening. Using data obtained from a Freedom of Information Act (FOIA) request, we assess a snapshot of field booking arrests in a Southeastern city. Specifically, we assess if there are racial …

One Crisis Or Two Problems? Disentangling Rural Access To Justice And The Rural Attorney Shortage, Daria F. Page, Brian R. Farrell

Washington Law Review

We have all seen the headlines: No Lawyer for Miles or Legal Deserts Threaten Justice for All in Rural America. There is a substantial body of literature, across disciplines and for diverse audiences, that looks at access to justice in rural communities and geographies. However, in both the popular and scholarly imaginations, the access to justice crisis has been largely conflated with the shortage of local attorneys in rural areas: When bar associations, lawyers, and legal academics define the problem as not enough lawyers, more lawyers become the obvious solution. Consequently, programs aimed at building pipelines from law schools …

State Attorneys’ Perceptions On The Role Of Racial Disparities In The Juvenile Justice System, Allison Cohen

Theses and Dissertations

This dissertation was prepared to offer a scholarly investigation on the justice officials’ consideration of race in making decisions for sanctions and sentencing of African American juveniles. The research provided an extreme review of the justice system to place in context the differential treatment of Black youths. African American juveniles’ cumulative experience of discrimination and racial disparities in the juvenile justice system and adult criminal justice system. An examination of the overrepresentation of African Americans in the justice system. A journey from juvenile delinquency to adult criminality. An early destination starts at arrest to intake to juvenile court then transfer …

Credible: Why We Doubt Accusers And Protect Abusers: A Book Talk With Author Deborah Tuerkheimer, Deborah Tuerkheimer, Emily Sack

School of Law Conferences, Lectures & Events

No abstract provided.

Law School News: Rwu Law Receives Major Gift & Matching Challenge To Launch Scholarship Supporting Diverse Students, Public Interest Careers 02/22/2022, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Robert Cover’S Love Of Stories: A Rumination On His Wanting To Discuss The Brothers Karamazov With Me Across Five Conversations During The Last Five Years Of His Life, With An Application To The Chauvin Murder Trial Of 2021, Richard H. Weisberg

Touro Law Review

The field of Law and Literature, perhaps more than any other area of legal studies, has been touched deeply by Robert Cover’s life and work. My interactions with Bob over the last half dozen years of his tragically short life provide an insight, recounted in a somewhat personal vein here, into his profound engagement with stories, with the most enduring part of that revitalized inter-discipline. I specify and illustrate five conversations I had with him during conferences, family interactions, or long New Haven walks beginning in 1981 and ending the day before his untimely death in the Summer of …

Introducing The Principles And Practice Of Restorative Justice: Reactions From A Generalist Audience, Grace Michels

Undergraduate Theses

Legislative activity and public opinion polling, among other indicators, suggests there is growing support for change in how our justice system functions. As the country begins to look for other tools and more knowledge of different practices, a key challenge will be bridging the gap between the public’s general support for a new path moving forward and a clear picture of what that path could look like. The goal of this project was to help propel this movement toward exploring justice alternatives forward by making this knowledge accessible and persuasive. As such, this project involved the creation of a material …

Law School News: Rwu Law Alumnae Will Address Ginsburg Legacy, Workplace Gender Equity 03-11-2021, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Champions For Justice Virtual Fundraiser 03-11-2021, Roger Williams University School Of Law, Michael M. Bowden

School of Law Conferences, Lectures & Events

No abstract provided.

Reducing Recidivism: People On Parole And Probation, Noe George Gutierrez

Electronic Theses, Projects, and Dissertations

Continuing criminal justice approaches have led to persistent recidivism among parolees and probationers. This study investigates the observed influence recidivism has on individuals on parole and probation. This research project aimed to shed more light on the attitudes of parolees and probationers and to provide more insight into recidivism and its contributing factors. Focus groups were held to provide the data for this research. Also a survey was distributed to 13 male and 4 female parolees and probationers over the age of 18 who were previously or currently on probation and/or parole. The emphasis was on participant perception and not …

The Revolving Door Of Recidivism, Laura E. Bull

Classical Conversations

With the rise in the use of prisons, recidivism also grew. Recidivism, in the broadest sense, is the act of a past offender coming back into contact with the justice system. Prisons have been used as far back as the fourth century, but over time their purpose has changed. Today in the United States, the main purpose of prisons is rehabilitation. The most recent law, the First Steps Act, reflects the desire to reduce the trend of recidivism. Many programs have been used as a method of reducing recidivism. Recidivism is a cycle of pain, creating jaded prisoners and placing …

Panel Discussion: The Right To Education: With Liberty, Justice, And Education For All?

Northwestern Journal of Law & Social Policy

No abstract provided.

Book Review Essay: Jewish And American Law: A Comparative Study. (Vols. 1 And 2) By Samuel J. Levine, Marie A. Failinger

Touro Law Review

No abstract provided.

Law Versus Action: How Five Cape Town Organizations Are Combating High Rates Of Sexual Assault And The Failure Of Progressive Sexual Offences Legislation, Anna Tinker

Independent Study Project (ISP) Collection

This Independent Study Project (ISP) seeks to understand the work various Cape Town organizations are doing to help survivors of sexual assault gain access to justice. Previous research finds that social norms defining masculinity as well as rape myths and stereotypes lead to the high levels of gender-based violence (GBV) in South Africa. This research led to my hypothesis that organizations fighting GBV would target these norms to help survivors access the justice system that so frequently ignores them. Eight organizations were contacted requesting an interview to discuss their work and two agreed to participate. Participants were asked to discuss …

Agony Of Delayed Justice, Ahmed Saeed

MSJ Capstone Projects

Martin Luther King Jr in his famous letter from a Birmingham jail wrote that justice too long delayed is justice denied. King said so to highlight that justice for African-Americans had been delayed for far too long. (King, 1963) According to ancient Latin maxim, ‘to delay justice is injustice’ but in the land of pure, delayed justice is a new normal. Courts in Pakistan have a backlog of 1.9 million pending cases to be adjudicated. Some of these cases have been pending for three or four decades.

The Role Of The Community Health Delivery System In The Health And Well-Being Of Justice-Involved Women: A Narrative Review, Sharla A. Smith, Glen P. Mays, Tracie C. Collins, Megha Ramaswamy

Health Management and Policy Faculty Publications

Background: Over seven million imprisoned and jailed women are released into the community each year and many are ill-equipped to meet the challenges of re-integration. Upon release into their community, women are faced with uncertain barriers and challenges using community services to improve their health and well-being and reuniting with families. Few studies have identified and described the barriers of the community health delivery system (CHDS)- a complex set of social, justice, and healthcare organizations that provide community services aimed to improve the health and well-being (i.e. safety, health, the success of integration, and life satisfaction) of justice-involved women. We …

Codifying A Sharia-Based Criminal Law In Developing Muslim Countries, Paul H. Robinson

All Faculty Scholarship

This paper reproduces presentations made at the University of Tehran in March 2019 as part of the opening and closing remarks for a Conference on Criminal Law Development in Muslim-Majority Countries. The opening remarks discuss the challenges of codifying a Shari’a-based criminal code, drawing primarily from the experiences of Professor Robinson in directing codification projects in Somalia and the Maldives. The closing remarks apply many of those lessons to the situation currently existing in Iran. Included is a discussion of the implications for Muslim countries of Robinson’s social psychology work on the power of social influence and internalized norms that …

"I Wanted Them To Be Punished Or At Least Ask Us For Forgiveness”: Justice Interests Of Female Victim-Survivors Of Conflict-Related Sexual Violence And Their Experiences With Gacaca, Judith Rafferty

Genocide Studies and Prevention: An International Journal

Survivors of human rights abuses need to experience a sense of justice to support their individual recovery. Women who have experienced conflict-related sexual violence have specific justice interests that are distinct from those of survivors of other abuses. This article focuses on justice interests of Rwandan women who experienced sexual violence during the genocide in Rwanda and who had their cases tried in gacaca community courts between 2008 and 2012. The article discusses two justice interests that emerged during interviews with 23 Rwandan women about their gacaca experience. These interests include the punishment of perpetrators and perpetrators taking responsibility for …

Ghosting: It’S Time To Find Uniformity On Ghostwriting, Jona Goldschmidt

Criminal Justice & Criminology: Faculty Publications & Other Works

There is no way of knowing how many, and for how long, lawyers and nonlawyers have engaged in ghostwriting pleadings to assist pro se litigants — indigent or nonindigent. It is reasonable to assume that many lawyers and others have acted as ghostwriters in order to facilitate greater access to the court, rather than for personal gain. Despite the laudable motives of ghostwriters, ghostwriting has historically been considered an illegitimate form of unbundling legal services because of the spate of federal court opinions opposing the practice on ethical and Rule 11-violation grounds. This article addresses the current anomalous situation in …

The Subversions And Perversions Of Shadow Vigilantism, Paul H. Robinson, Sarah M. Robinson

All Faculty Scholarship

This excerpt from the recently published Shadow Vigilantes book argues that, while vigilantism, even moral vigilantism, can be dangerous to a society, the real danger is not of hordes of citizens, frustrated by the system’s doctrines of disillusionment, rising up to take the law into their own hands. Frustration can spark a vigilante impulse, but such classic aggressive vigilantism is not the typical response. More common is the expression of disillusionment in less brazen ways by a more surreptitious undermining and distortion of the operation of the criminal justice system.

Shadow vigilantes, as they might be called, can affect the …

Finding The Jury: State Legislative Responses To Blakely V. Washington, Don Stemen, Daniel F. Wilhelm

Don Stemen

No abstract provided.

Aggravated Sentencing: Blakely V. Washington, Jon Wool, Don Stemen

Don Stemen

No abstract provided.

Civic Tenderness: Love's Role In Achieving Justice, Justin Leonard Clardy

Graduate Theses and Dissertations

Martha Nussbaum’s work Political Emotions: Why Love Matters for Justice identifies the role that compassion plays in motivating citizens in a just society. I expand on this discussion by considering how attitudes of indifference pose a challenge to the extension of compassion in our society. If we are indifferent to others who are in situations of need, we are not equipped to experience compassion for them. Building on Nussbaum’s account, I develop an analytic framework for the public emotion of Civic Tenderness to combat indifference.

Civic tenderness is an orientation of concern that is generated for people and groups that …

The Legitimacy Of Global Legal Governance: Institutional Power And Human Rights Bias In International Criminal Justice, Martin J. Burke

Dissertations, Theses, and Capstone Projects

As global legal governance institutions exercise increasing coercive power, including through the prosecution and incarceration of individuals, such institutions require greater legitimacy. An essential but often overlooked source is the right of the accused in mass-atrocity trials to effective legal protection, which constitutes a “legal legitimacy” based on liberal norms of criminal justice. The two most important sources of legal legitimacy are: “legality,” that is, the non-retroactive enforcement of crimes and punishment; and “defense parity,” institutional and procedural guarantees of substantive equality between the defense and prosecution before and during trial. The dissertation argues that the implementation of defendant rights …

Diversion Of Juvenile Offenders In China, Ying Cao

Contemporary Issues in Juvenile Justice

No abstract provided.

Recidivism: An Analysis Of Race, Locus Of Control, And Resilience, Danisha Latrell Thomas

Walden Dissertations and Doctoral Studies

Recidivism is a growing problem in the United States that has contributed to prison overcrowding. In the United States, this is especially true for minorities, who have the highest incarceration, conviction, and recidivism rates. The purpose of this mixed methods study was to explore the relationship between race, recidivism, locus of control, and resilience. For the quantitative component, the Connor-Davidson Resilience scale (CD-RISC) and the multidimensional locus of control scales were used to measure resiliency and locus of control differences among racial groups (N = 126) on parole at a Fort Worth, Texas parole office. For the qualitative component, in-depth …

Institutional Consensus: A Comparative Analysis Of Rules Of Law In Lebanon And Somalia, Becca Ebert

Politics & Government Undergraduate Theses

Situated within broader contexts of literature on the origin of rule of law, this paper analyzes the rules of law in Lebanon and Somalia and offers commentary on the relationship between weak states and the rule of law. Both divided states that succumbed to brutal civil wars, Somalia was able to foster a strong rule of law whereas Lebanon was not. Rule of law, in this analysis, requires a common conception of justice and institutions that embody these values. Following Paul Kahn’s prescription for a cultural study of law, this paper analyzes the emergence of social consensus and institutional congruence. …

The Trouble With Truth-Telling: Preliminary Reflections On Truth And Justice In Post-War Liberia, Gabriel Twose Ph.D., Caitlin O. Mahoney Ph.D.

Peace and Conflict Studies

This study investigates perceptions of the Liberian Truth and Reconciliation Commission (TRC), particularly focusing on understandings of, and the links between, truth, justice, and reconciliation. Forty-five semi-structured interviews were conducted at three research sites in Liberia. Findings indicate that although most Liberians agreed with the TRC in principle, most of those who followed its proceedings saw major problems in its implementation, harming perceptions of reconciliation. Participants expressed concerns that the Commission had failed to discover the full truth of wartime abuses, that the truth that was discovered was not told in the right way, and that there had been problems …

Racism Vs. Social Capital: A Case Study Of Two Majority Black Communities, Bruce W. Strouble

Walden Dissertations and Doctoral Studies

Several researchers have identified social capital as a means to improve the social sustainability of communities. While there have been many studies investigating the benefits of social capital in homogeneous White communities, few have examined it in Black homogeneous communities. Also, there has been limited research on the influence of racism on social capital in African American communities. In this dissertation a comparative case study was used within a critical race theory framework. The purpose was to explore the role of racial oppression in shaping social capital in majority African American communities. Data were collected from 2 majority Black communities …

Perception Of Police In Public Housing Communities, Taylor Brickley

Theses and Dissertations

Research on the relationship between police and citizens consistently finds that attitudes toward police (ATP) are least positive among black citizens in areas of concentrated disadvantage. While much of the research in this area focuses specifically on ATP among young black males in low-income communities because they have the most contact with police, there has been relatively little research that has included older and/or female residents. Additionally, research has yet to examine ATP in racial and economic enclaves that may have different social and environmental characteristics than the surrounding community. This study utilizes in-depth interviews with 60 residents of two …