Social and Behavioral Sciences Commons^™

Law Schools And The Legal Profession: A Way Forward, Peter A. Joy

Scholarship@WashULaw

Publicity about law schools for the past several years has been consistently bad. In news article after news article, the unifying theme has been that that there are too many lawyers, too many law schools, and that going to law school for a legal career is either a costly, risky proposition or simply a bad idea.' Of course, these laments about the legal education and the legal profession stem from the decline in the employment for lawyers in the United States since the financial crisis of 2008. While some see this simply as a mismatch in supply and demand - …

Prosecutorial Discretion In Three Systems: Balancing Conflicting Goals And Providing Mechanisms For Control, Sara Sun Beale

Faculty Scholarship

In regulating the authority and discretion exercised by contemporary prosecutors,national systems balance a variety of goals, many of which are in tension or direct conflict. Forexample, making prosecutors politically or democratically accountable may conflict with theprinciple of prosecutorial neutrality, and the goal of efficiency may conflict with accuracy. National systems generally seek to foster equal treatment of defendants and respect for theirrights while also controlling or reducing crime and protecting the rights of victims. Systems thatrecognize prosecutorial discretion also seek to establish and implement policy decisions aboutthe best ways to address various social problems, priorities, and the allocation of resources. …

“White Collar” Crimes, Samuel W. Buell

Faculty Scholarship

In addition to serving as a précis of the subject of ‘white collar’ crime, this chapter does three things. First, it deals with white collar crime’s longstanding definitional problem, rejecting several standard approaches and arguing that the category is most usefully understood according to the conceptual legal problem these offenses generate. White collar crimes, much more than other offenses, are committed in social settings in which undesirable behaviors are embedded within socially welcome conduct. Thus they are difficult to set apart and extract through clearly specified ex ante rules of law. Second, the chapter illustrates this definitional claim, and discusses …

Education And Training Of Specialist Sexual Offence Investigators In Victoria, Australia From 2009 To 2011, Jennifer Anne Turnley

Theses: Doctorates and Masters

The topic of training specifically designed for investigators of sexual offences has received little attention from academic researchers to date. Previous studies have not described training provided to police investigators of sexual offences in Australia. This thesis developed Turnley’s Framework for the Examination of Police Training in Sexual Assault Investigation, to examine and describe a Sexual Offences and Child Abuse Investigative Teams (SOCIT) Course, provided to Victorian Police from 2009 to 2011. This entailed triangulation of findings from non-participant observations of one SOCIT Course, with quantitative and qualitative data sourced though an in-depth interview with course trainers; feedback sheets voluntarily …

Grappling At The Grassroots: Access To Justice In India's Lower Tier, Jayanth K. Krishnan, Shirish N. Kavadi, Azima Girach, Dhanaji Khupkar, Kilindi Kokal, Satyajeet Mazumdar, Nupar, Gayatri Panday, Aatreyee Sen, Aqseer Sodhi, Bharati Takale Shukla

Articles by Maurer Faculty

From 2010 to 2012, a team of academic and civil society researchers conducted extensive ethnographies of litigants, judges, lawyers, and courtroom personnel within multiple districts in three states: Maharashtra, Gujarat, and Himachal Pradesh. This Article provides an in-depth account of the everyday struggles these actors face in the pursuit of their respective objectives. The findings illustrate a complex matrix of variables-including infrastructure, staffing, judicial training and legal awareness, costs and continuances, gender and caste discrimination, power imbalances, intimidation and corruption, miscellaneous delays, and challenges with specialized forums-impact access to justice in the lower tier. The results of this study offer …

Disputed Paraphilia Diagnoses And Legal Decision Making: A Case Law Survey Of Paraphilia Nos, Nonconsent, Christopher M. King, Lindsey E. Wylie, Eve M. Brank, Kirk Heilbrun

Department of Psychology: Faculty Publications

Paraphilia diagnoses applied in forensic settings are an ongoing subject of debate among psycholegal professionals and scholars. Disagreements pertain to both means-related issues having to do with issues of diagnostic reliability and validity, and ends-related issues regarding the consequences inherent to the legal contexts in which the diagnoses arise. To provide a fresh outlook on some of the issues, the present study entailed a systematic survey of U.S. case law to investigate the history, extent, and nature of forensic uses of a controversial paraphilia diagnosis, paraphilia not otherwise specified, nonconsent. Descriptive analyses revealed that use of the diagnosis, which occurred …

The Accessibility Of In-Prison Programming For Female Offenders And Their Gender Specific Needs, Kelli Reynolds

Honors Program Theses and Projects

With the rates of female incarcerations on the rise, it is important that we examine programs available to female offenders in prison, and programs available to female offenders as they exit prison and re-enter society. Programs developed specifically for these females to fit their needs are important in their rehabilitation progress and should help in keeping their recidivism rates low. I expect to find a disconnect between the needs of female offenders and the programs meant to serve and rehabilitate them. I also expect the review of literature to support that a majority of female offenders have histories of victimization …

How Do Specialized Units Affect The Outputs Of Police Organizations?: Investigating The Effect Of Community Policing Units On Community Policing Activities In Local Police Departments, Hyon Namgung

Dissertations

A review of modern police history shows the trend of increased division of labor within police agencies. However, police organizations are often criticized for creating specialized police units when they are faced with specific problems or are not effectively tackling local problems. Other challenges from within the profession include potential inter-unit conflicts or indifference of officers from other units that may hinder program implementation by specialized units. The present study looked into the changing characteristics of specialized units within police departments between 2000 and 2007. This research also examined whether creation of specialized community policing units (CP Units) influences the …

Lightning Strikes Twice: An Examination Of The Political Factors Associated With State-Level Death Sentences And Executions In The United States, 1930-2012, Ethan Christopher Amidon

Dissertations

Over the course of the last 50 years, scholars have emphasized the role that political processes play in shaping the nature of capital punishment practices. Empirical studies that have examined the relationship between political factors and capital punishment have attributed variation in the imposition of death sentences and the execution of offenders across jurisdictions in the United States to the politicization of criminal justice policies and practices and the shift in public sentiment towards more punitive ideologies that began in the 1970s. Even though historians have argued that capital punishment practices have always been shaped by political considerations, empirical research …

Brave New World Reloaded: Advocating For Basic Constitutional Search Protections To Apply To Cell Phones From Eavesdropping And Tracking By Government And Corporate Entities, Mark Berrios-Ayala

HIM 1990-2015

Imagine a world where someone’s personal information is constantly compromised, where federal government entities AKA Big Brother always knows what anyone is Googling, who an individual is texting, and their emoticons on Twitter. Government entities have been doing this for years; they never cared if they were breaking the law or their moral compass of human dignity. Every day the Federal government blatantly siphons data with programs from the original ECHELON to the new series like PRISM and Xkeyscore so they can keep their tabs on issues that are none of their business; namely, the personal lives of millions. Our …

A Historical View Of Cuban Immigration Policy, Sarah Castro

HIM 1990-2015

Cuba is a communist country an estimated population of 11,075,244(2013), Cuba is located about ninety-three miles south of Key West, Florida. Cuba has been ruled by the communist regime of Fidel Castro, and now his younger brother Raul Castro. For over fifty years this regime has forced a major increase in the amount of people migrating to the United States. The regime has been disregarding basic human rights for decades and oppressing Cuba’s citizens. Hundreds of thousands of Cubans have come to the United States using boats, rafts, or any means available. The Cuban Adjustment Act of 1966 (amended in …

A Historical Comparative Analysis Of Executions In The United States From 1608 To 2009, Emily Jean Abili

UNLV Theses, Dissertations, Professional Papers, and Capstones

The death penalty has been a contested issue throughout American history. The United States has been executing offenders since Jamestown became a colony in 1608 (Allen & Clubb, 2008). Since that time, many issues have been raised about the death penalty including whether or not it is moral, discriminatory, or a deterrent.

This study examines the history of executions, including lynchings, in the United States from 1608 to 2009 using a variety of sociological theories on law and society. Some of the research questions that guide this project are:

* What is the nature of change in the relative prevalence …

The Hotel Manager’S Perceived Conflict Of Providing For Hospitality And Security: Can The Two Exist In Harmony?, Silvano Cozzini

UNLV Theses, Dissertations, Professional Papers, and Capstones

The hospitality industry relies upon regular and repeat customers for its survival. No traveler or visitor will return to a hotel property where a bad incident occurred. Would a diner go back to any restaurant where they were sickened by their meal? Would a hotel guest return to any property where they were a victim of a crime? Bad experiences make us tell ourselves, “I will never go back there again!”

This same psychology holds true for criminals. At places where they have been deterred by a high security presence, it is unlikely that they would return there, either. A …

Judicial Behavior And Litigant Success In Environmental Cases At The United States Court Of Appeals, Elizabeth Wheat

Dissertations

This dissertation tests the legal model of judicial behavior and uses party capability, or litigant resource, theory to explain litigant success in the Court of Appeals for environmental cases and help understand the role litigant type and resources play. Environmental law has received little attention in judicial politics, and I examine which judicial behavior model explains case outcomes. The legal model argues case characteristics best explain judicial outcomes, whereas litigant resource theory posits judicial a litigant’s resources, or lack thereof, explain outcomes.

Galanter’s (1974) party capability theory focuses on advantages repeat players, the “haves,” possess and how these advantages enable …

The Effects Of Family Structure On Juvenile Delinquency, Alisha B. Parks

Electronic Theses and Dissertations

Studies show that family structure is an important factor in explaining delinquency among adolescents (Price & Kunz, 2003). There is a lack of research, however, pertaining to cohabitation. The main goals of this study are to determine if there are variations in delinquency between cohabitating and other family types, and to examine the extent to which parental social control measures account for the variation in delinquency by family structure. Data from the National Longitudinal Study of Adolescent Health (Add Health) are used for the purposes of this study (n = 4,389). While there are no significant differences in violent delinquency …

Sensitivity And Species Specificity Of Bisulfite Modification And Pyrosequencing Technology Used To Identify Tissue-Specific Dna Methylation Patterns In Common Biofluids Foudn In Crime Scenes, Sitara Christian Shirwani

Master's Theses

In order to convict the guilty or exonerate the innocent in criminal cases, it is crucial to reconstruct the crime scene and/or determine the nature of the crime. Identifying the different biofluids found at a crime scene can help shed light on these aspects of forensic casework. Recently, DNA methylation has been used as a means of identifying biological materials, as opposed to conventional protein/enzyme based methods. DNA methylation is the addition of a methyl group to the 5' carbon on a cytosine base (C), which is directly followed by a guanine base (G) and are called CpG sites. The …

Eternal Recurrence In A Neo-Kantian Context, Michael S. Green

Faculty Publications

In this essay, I argue that someone who adopted a falsificationism of the sort that I have attributed to Nietzsche would be attracted to the doctrine of eternal recurrence. For Nietzsche, to think the becoming revealed through the senses means falsifying it through being. But the eternal recurrence offers the possibility of thinking becoming without falsification. I then argue that someone who held Nietzsche’s falsificationism would see in human agency a conflict between being and becoming similar to that in empirical judgment. In the light of this conflict only the eternal recurrence would offer the possibility of truly affirming life. …

Examining Juvenile Delinquency Contributors Through Life-Course And Strain Theory, Caitlin E. Burns

Electronic Theses and Dissertations

For years the causes of juvenile delinquency have drawn a lot of attention from the scientific community and have become a widely studied concept in research literature. Causes of juvenile delinquency have become an important aspect of criminological study because with the knowledge of what contributes to delinquency, the scientific community can possibly slow down the continuous act of offending, also known as continuity, through implementation of prevention strategies. Criminological theory is used to define and help understand why certain contributors are the foundation for juvenile delinquency, along with the continuity of crime for an adolescent but also what factors …

Political Motive And Bail: The Effect Of Prosecutorial Strategies On Pretrial Decisions In Federal Terrorism Trials, Michael John Clanton

Graduate Theses and Dissertations

The purpose of this study is to understand how prosecutorial strategies affect pretrial decisions in U.S. terrorism trials and how pretrial decisions in turn affect the disposition of those trials. This research builds off of the work of Smith and Damphousse (1996) which compared terrorism indictees to traditional federal offenders. They found that the use of explicit politicality as a prosecution strategy was a significant predictor of both disposition and the sentence length in terrorism trials. This study focuses on the question of whether the use of an explicitly political prosecution strategy impacts pretrial decisions in terrorism cases and whether …

Using The Massachusetts Youth Screening Instrument–Version 2 On A Community Sample Of African American And Latino/A Juvenile Offenders To Identify Mental Health And Substance Abuse Treatment Needs, Kendell Coker, Jamie Wernsman, Uduakobong N. Ikpe, Jeannie S. Brooks, Lynn Bushell, Barbara Kahn

Psychology Faculty Publications

The Massachusetts Youth Screening Instrument-Version 2 (MAYSI-2) is a brief screening tool used to identify youth in the juvenile justice system that are at-risk for mental health related difficulties. The MAYSI-2 was administered to 5,205 African American and Latino/a youth throughout Chicago, Illinois who were on probation and residing in the community. This study investigated differences (i.e., legal status, gender, age, race/ethnicity) in reporting of mental health symptoms and substance use on the MAYSI-2. Females scored above the clinical cutoffs more frequently than males and there were few differences found between diverted and adjudicated youth. Age comparisons revealed mixed results. …

Formative Assessment In Law Doctrinal Classes: Rethinking Grade Appeals, Roberto L. Corrada

Sturm College of Law: Faculty Scholarship

This article describes a practice I began several years ago to encourage students to review their midterm exams and to learn formatively from their exam and their review of it. The practice involves encouraging midterm grade appeals coupled with a high success rate (what I term, "robust" grade appeals). The practice has a number of ancillary benefits, I believe, in addition to the central benefits—getting students to learn more about law, learn from their mistakes and write better exams by meaningfully engaging and critiquing their own work on exams. This article describes and discusses the advantages and disadvantages of such …

Nebraska Transcript (University Of Nebraska College Of Law), Volume 46, Number 2, Fall 2013

Nebraska Transcript

Dean’s Message, pg. 2

Faculty Updates

Profile: Richard Duncan, pg. 4

Profile: Glenda Pierce Retires, pg. 6

Faculty Notes, pg. 10

Schmidt Granted Tenure, pg. 20

Hurwitz Uses Computer Science Training, pg. 22

Sullivan Joins Civil Clinic Faculty, pg. 24

Feature:

College Opens Doors to New Clinical Experience, pg. 26

Around the College

Admissions: Introducing the Class of 2016, pg. 30

Poser Tours Air Force Base, pg. 33

CSO: Behind the Statistics, pg. 34

Levick’s Perry Fuller Program Lecture, pg. 38

Cline Williams Jurist in Residence:

Hon. Randall Rader, pg. 40

Pound Lecture Delivered by Levinson, pg. 42

Student Accolades, …

Edward Byrne Memorial Justice Assistance Grant (Jag) Program: Evaluation Report, Ryan E. Spohn, Sommer L. Fousek, Mike Behm, Lisa Stamm

Reports

The Consortium for Crime and Justice Research (CCJR) at the University of Nebraska – Omaha is conducting an evaluation of projects supported by Nebraska’s 2012 Edward Byrne Memorial Justice Assistance Grant (Byrne JAG) Program funds. The primary goal of the evaluation is to provide the Nebraska Commission on Law Enforcement and Criminal Justice (Crime Commission) a summary of the law enforcement, training, prevention, and associated activities occurring as a direct or indirect result of the infusion of Bryne JAG funds. In other words, the intent of the evaluation is to provide a summary of the funded activities and resulting products …

Editorial, Willard M. Oliver

Qualitative Criminology (QC)

"In light of this being the second issue of the new journal and the last issue of Volume 1, I have many people to thank for making this issue – this volume – this journal – a reality."

Eugene Debs, Walls & Bars: Prisons & Prison Life In The “Land Of The Free”, Edward L. W. Green

Qualitative Criminology (QC)

"This piece reviews a largely overlooked account of prison experience written by Eugene V. Debs, concerning observations of prisons around the turn of the 20th century in the US. The book Walls and Bars: Prisons & Prison Life in the “Land of the Free” contributes many insights consistent with contemporary knowledge for criminology and criminal justice. It is not, however, without notable limitations. The subject-position of this account is clearly political and biased in a Protestant brand of morality and humanism. Debs expresses himself substantively throughout the book between the polemics of the sacred and the profane, although not in …

Building Grounds For Release: Women’S Perceptions Of A Community Corrections Program, Andrea Cantora

Qualitative Criminology (QC)

"Few studies have examined the role halfway houses play in helping women navigate the transition from prison to community. To add to this research, my article explores the perceptions and experiences of women residing at a New Jersey female halfway house upon their release from prison. In-depth qualitative interviews with 33 women that I conducted were analyzed to understand the prison to halfway house transition. The study aims to answer the following questions: How does the halfway house help and/or hinder the reentry process? How do women perceive the halfway house during this transitional phase? The results of my research …

John Irwin, Lifers: Seeking Redemption In Prison, Brian P. Schaefer

Qualitative Criminology (QC)

"The late John Irwin had a distinguished career researching the realities of American prisons and the associated cultures and norms that develop within these institutions. His legacy of research challenged widely held beliefs about the nature of imprisonment and reentry and introduced us to new frameworks to understand the prison industry. Along with famous works such as The Felon (1970), The Jail (1985), and The Warehouse Prison (2004), Irwin was instrumental in introducing Convict Criminology to academe, giving a voice to those who experienced the pains of imprisonment. In his final book, Lifers: Seeking Redemption in Prison (2009), Irwin once …

“We Incarcerate To Set Free:” Negotiating Punishment And Rehabilitation In Jail, Brittnie L. Aiello

Qualitative Criminology (QC)

"Criminology has documented the decline of rehabilitation in the age of get-tough approaches to crime and punishment. Therapy and punishment, however, are not mutually exclusive. Rehabilitation and traditional punishment have long co-existed in penal facilities. In this article, I examine the role of rehabilitation at Northeast Jail, a county jail in the U.S. that adhered to an ideology of rehabilitation. But Northeast Jail was, first and foremost, a penal facility where offenders were confined and punished. While staff and administrators at Northeast Jail routinely invoked a rhetoric of rehabilitation, they adhered to rules and engaged in punitive practices that interfered …

African American Perceptions Of Police Misconduct And Accountability, Ronald Weitzer, Rod K. Brunson

Qualitative Criminology (QC)

"This article examines city residents’ reported experiences with and perceptions of various forms of police misconduct as well as their perspectives on two types of accountability mechanisms: internal and external to the police department. The data are derived from in-depth interviews with adult African American residents of the city. Our findings highlight the complexities involved in establishing credible citizen-led review boards, particularly in the types of cities such as the one examined here, East St. Louis. Survey research reveals that a majority of the public supports the principle of external oversight, but this general support may be diluted in settings …

Sex Offenders And Campus-Based Sex Offender Registration: Stigma, Vulnerability, Isolation, And The Classroom As Refuge, Richard Tewksbury

Qualitative Criminology (QC)

"Inclusion on the sex offender registration list is well known to produce stigma, collateral consequences, stress, and feelings of vulnerability for offenders. In addition to state-based registries, a number of institution-specific registries are beginning to appear, including those on college campuses. By using in-depth interviews with a sample of sex offenders listed on a campus-specific sex offender registry, this study explores the experiences resulting from this label. Findings highlight the feeling of vulnerability listing imposes, as well as self-isolating efforts designed to manage the possibility of identification, exposure, and confrontation. The interactional limitations, as well as the unintended consequence of …