Social and Behavioral Sciences Commons^™

The Attribution Of Responsibility In Cases Of Stalking, Adrian J. Scott, Jeffery Gavin, Emma Sleath, Lorraine Sheridan

Research outputs 2013

There is a general belief that stranger stalkers present the greatest threat to the personal safety of victims, despite national victimisation surveys and applied research demonstrating that ex-partner stalkers are generally more persistent and violent. The just-world hypothesis offers a possible explanation for this apparent contradiction. The current research used nine hypothetical scenarios, administered to 328 university students, to investigate the assumptions that underlie attributions of responsibility in cases of stalking. It explores whether these assumptions are consistent with the proposed mechanisms of the just-world hypothesis, and whether they vary according to the nature of the perpetrator–victim relationship and conduct …

Rethinking The Principal-Agent Theory Of Judging, Rafael I. Pardo, Jonathan Remy Nash

Scholarship@WashULaw

This Essay offers new insights into understanding the relationship between higher and lower courts and responds to the extant literature that has characterized the relationship as one involving a principal and an agent. We challenge the underpinnings of the principal-agent understanding of judicial hierarchies and identify problems with the theory’s applicability in this context. While principals ordinarily select their agents, higher court judges usually do not select lower court judges. Moreover, while lower court judges may cast votes with an eye to the possibility of elevation to a higher court, the higher court judges who review the lower court’s decisions …

Plea Bargaining, Sentence Modifications, And The Real World, Julian A. Cook

Scholarly Works

This article examines the 2011 Supreme Court decision in United States v. Freeman. At issue was whether defendants, such as Freeman, who enter a guilty plea pursuant to a binding plea agreement, are entitled to seek a modification of their sentence when the guideline range applicable to their offense has subsequently been lowered by the United States Sentencing Commission. By a five-to-four vote, the Court found that Freeman was eligible to seek a sentence reduction. However, as the article explains, the concurring and controlling opinion of Justice Sotomayor may ultimately prove to be problematic for criminal defendants generally and for …

Revulsion And Palatability: The Staying Power Of Death Penalty Rituals - Last Meals And Beyond, Angie Wheaton

Online Theses and Dissertations

The United States has a rich history surrounding capital punishment, and execution rituals are central to this history. The death penalty regime has evolved from a primarily private-based justice system to the state-carceral capital punishment system we have today. This thesis uses three historical eras as the framework for analyzing methods of executions and the rituals that surround them. Throughout each period, rituality has helped cushion the revulsion that is inherently present when taking the life of a human being. If revulsion is not managed, the legitimacy of capital punishment can be questioned. The apex of the capital punishment legitimacy …

Nowhere To Go: The Trend To Criminalize The Nation's Homeless, Jessica Anderson

Online Theses and Dissertations

The criminal justice system often uses much force in its response to the homeless population. The homeless are often targeted and have their basic human dignities trampled as law enforcement destroys their property and jails them for activity essential for human existence as those activities are criminalized. With the negative perception held by much of the criminal justice system, no homeless person can receive impartial treatment at the hands of the criminal justice system. This ethnographic study researches the trends in the criminalization of the homeless by interviewing seven respondents for their experiences and observations.

Examining The Role Of Race, Gender, And Class In African-American Police Perceptions In Rural Kentucky, Paul Maxwell Blackhurst

Online Theses and Dissertations

Prior research has consistently demonstrated the role of race in understanding racial and ethnic differences in perceptions of the police. This research has overwhelmingly shown that Blacks and Latinos hold lower levels of trust and confidence in the police than do Whites and other racial minorities. The increased skepticism of the police expressed by minority citizens is commonly associated with racial profiling and documented racial disparities in police behavior. Although policing research has empirically demonstrated the influence of race on perceptions of the police, few studies have explored police perceptions from a rural context. By employing the Citizen's Attitudes Towards …

The Upper Big Branch Mine Explosion: Occupational Hazard Or Preventable Tragedy; A Look At State-Corporate Crime, Cassandra Tate

Online Theses and Dissertations

Corporate crimes, defined as "illegal and harmful acts committed by officer and employees of corporations to promote corporate interests," have a greater impact on society than many street crimes. Corporate crime includes a range of white-collar crimes that affect employees and consumers. White-collar and corporate crimes are often ignored by the media unless there is involvement in some high profile scandal. There tends to be a paucity of research associated with coal industry related corporate crimes. This includes personal and death related events in the coal mining industry. This was evident in the 2010 explosion at the Upper Big Branch …

Factors That Contribute To Success In Policing Based On Prior Military Experience, Thomas Salem Fagan

Online Theses and Dissertations

This research attempted to determine whether current law enforcement officers with military experience felt that they were more prepared for their jobs in the agency than officers without military experience. Law enforcement officers from two police departments were selected to take a survey based on their military backgrounds. This survey was completed and the results were reviewed.

It was concluded that law enforcement officers with military experience felt that they were more prepared for the job and had an edge over other officers with no background in the military. In addition, officers with combat experience also felt that they had …

Sexual Victimization Among Sorority Women, Amanda Hinkel

Online Theses and Dissertations

Numerous studies have shown that sorority women have been found to be at greater risk for sexual victimization (including rape and sexual assault) than non-sorority women (29% to 7% respectively; Minow & Einolf, 2009) for several reasons, including: frequent contact and association with fraternity men, the prevalence of alcohol in Greek life, and the effects alcohol has on the body once it is consumed. This paper summarizes research on the circumstances that increase the likelihood that sorority women will become victims of sexual assault, sexual coercion, or rape.

Since the research has suggested that one in four college women are …

Music Piracy And Its Criminalization: Understanding The Napster Era (1999) To Present Through Donald Black's Theory Of Moral Time, Craig Robert Jankowski

Online Theses and Dissertations

In the year 1999 Napster, a provider of music downloading software, broke news headlines around the world when copyright infringement lawsuits were filed against the company. Ever since then internet music piracy has been a very controversial topic and a target for criminalization efforts. In the field of criminology there have been few attempts to apply theory to the topic of internet music piracy. Theorization of internet music piracy has mainly focused on the illegal behavior of music piracy, explaining the motivations and knowledge behind it. Something that has been neglected in theoretical work of online music piracy is its …

Predicting Inmate Economic Conflict In Female Housing Units: Individual Factors Versus Social Climate Factors, Polina Andreyevna Karpova

Online Theses and Dissertations

Despite the fact that a number of studies have focused on different types of prison victimization, very little research has investigated inmate economic conflict. This study describes the context of inmate economic conflict and examines the factors that may account for the development of this conflict in female housing facilities. The secondary data analysis study is based on validated survey data from 3499 female inmates housed in fifteen correctional facilities located in seven different states. In addition to conducting descriptive statistical analyses, inmate economic conflict scores were regressed on a range of individual-related (background) and social climate-related (environmental) variables. This …

A Deconstruction Of Dexter: An Analysis Of Noble Cause Corruption Within A Crime Drama, Alyssa Lawrence

Online Theses and Dissertations

The literature on corruption within law enforcement typically addresses factors such as brutality, dishonesty, accepting bribes, and using falsified evidence. This research project examines noble cause corruption (NCC), an area that scholarship has ignored until the last ten years. NCC is defined by Crank and Caldero (2007) as using illegal means to achieve good ends. Although NCC is not a new phenomenon it has become of greater focus in television and movies. Many recent television shows have represented NCC in a positive light, almost disguising it as if it were not present. Therefore the topic of this paper is not …

Risk To Public Safety Posed By Adjudicated Delinquent Juvenile Sex Offenders: Do They Really Need To Register, Donna Susan Mynatt

Online Theses and Dissertations

This study examined sexual and non-sexual recidivism among a sample of delinquent juvenile sexual offenders (JSOs) following commitment to a state juvenile correctional agency. Both juvenile and adult recidivism rates were studied. The results showed a low rate of sexual recidivism and a high rate of non-sexual recidivism across a 4-year follow-up period past age18. Logistic and linear regression identified 4 significant predictor variables of non-sexual recidivism. JSOs that were non-white, un-related to the victim in the initial offense, or used another location for the initial offense other than their own home, were significantly more likely to commit non-sexual recidivism. …

Police Deception: A Survey Of Eku Students, Jason Anthony Nicholson

Online Theses and Dissertations

Abstract

Police deception has been both good and bad for society. Deceptive interrogation is an effective method of gaining confessions and convictions. It is also dangerous in that it raises the potential for false confessions, damages police-citizen relationships, damages case strength, and encourages lying in other aspects of policing. The purpose of the study was to gauge the opinions of students regarding deceptive interrogation by police. A survey was administered to a purposive sample of undergraduates at Eastern Kentucky University. The survey asked questions regarding the students' level of approval toward different scenarios of police deception. It also asked some …

Persuasion Treaties, Melissa (M.J.) Durkee

Scholarship@WashULaw

All treaties formalize promises made by national parties. Yet there is a fundamental difference between two kinds of treaty promise. This difference divides all treaties into two categories: treaties that govern the behavior of state parties and their agents fall in one category; treaties in the second category—those I call “persuasion” treaties—commit state parties to changing the behavior of non-state actors as well. The difference is important because the compliance problems for the two sets of treaties sharply diverge. Persuasion treaties merit our systematic attention because they are both theoretically and practically significant. In areas such as international environmental affairs, …

American Gangsters: Rico, Criminal Syndicates, And Conspiracy Law As Market Control, Benjamin Levin

Scholarship@WashULaw

In an effort to re-examine legal and political decisions about criminalization and the role of the criminal law in shaping American markets and social institutions, this Article explores the ways in which criminal conspiracy laws in the United States have historically been used to subdue non-state actors and informal markets that threatened the hegemony of the state and formal market. To this end, the Article focuses primarily on the Racketeer Influenced and Corrupt Organizations Act (RICO) as illustrative of broader trends in twentieth century criminal policy. Enacted in 1970, RICO provides criminal sanctions for individuals engaged in unacceptable organized activities …

Keep Your Update To Yourself, Neil M. Richards

Scholarship@WashULaw

An essay from Wired Magazine (UK)'s special edition, The Wired World in 2013. The essay makes the argument that frictionless sharing of reading habits should decline in 2013.

De-Naturalizing Criminal Law: Of Public Perceptions And Procedural Protections, Benjamin Levin

Scholarship@WashULaw

In this essay, I examine and challenge the rhetorical trope of the guilty going free by emphasizing the institutional and political intricacies that comprise the criminal justice system and necessarily under-gird a determination of “guilt”. My goal, at its essence, is to de-naturalize the criminal law and discussions of the criminal justice system in the context of this symposium. I aim to emphasize that a guilty verdict is the result of a series of (politically-inflected) decisions about how to draft criminal statutes, how to structure a trial, and how to select a jury. De-naturalizing criminal law is, of course, a …

The Dangers Of Surveillance, Neil M. Richards

Scholarship@WashULaw

From the Fourth Amendment to George Orwell’s Nineteen Eighty-Four, our culture is full of warnings about state scrutiny of our lives. These warnings are commonplace, but they are rarely very specific. Other than the vague threat of an Orwellian dystopia, as a society we don’t really know why surveillance is bad, and why we should be wary of it. To the extent the answer has something to do with “privacy,” we lack an understanding of what “privacy” means in this context, and why it matters. Developments in government and corporate practices have made this problem more urgent. Although we have …

Three Paradoxes Of Big Data, Neil M. Richards, Jonathan H. King

Scholarship@WashULaw

Big data is all the rage. Its proponents tout the use of sophisticated analytics to mine large data sets for insight as the solution to many of our society’s problems. These big data evangelists insist that data-driven decision making can now give us better predictions in areas ranging from college admissions to dating to hiring to medicine to national security and crime prevention. But much of the rhetoric of big data contains no meaningful analysis of its potential perils, only the promise. We don’t deny that big data holds substantial potential for the future, and that large dataset analysis has …

The Perils Of Social Reading, Neil M. Richards

Scholarship@WashULaw

Our law currently treats records of our reading habits under two contradictory rules: rules mandating confidentiality and rules permitting disclosure. Recently, the rise of the social Internet has created more of these records and more pressures on when and how they should be shared. Companies like Facebook, in collaboration with many newspapers, have ushered in the era of “social reading,” in which what we read may be “frictionlessly shared” with our friends and acquaintances. Disclosure and sharing are on the rise.

This Article sounds a cautionary note about social reading and frictionless sharing. Social reading might have some appeal, but …

The Freedom Of The Church (New Revised Standard Version), John D. Inazu

Scholarship@WashULaw

Significant discussion about the “freedom of church” has recently emerged at the intersection of law and religion scholarship and political theology. That discussion gained additional traction with the Supreme Court’s ruling in Hosanna-Tabor v. E.E.O.C., which recognized the First Amendment’s “special solicitude” for religious organizations. But the freedom of the church is at its core a theological concept, and its potential integration into our constitutional discourse requires a process of translation. The efficacy of any background political concept as legal doctrine will ultimately stand or fall on something akin to what Frederick Schauer has called “constitutional salience.”

The existing debate …

Building A Taxonomy Of Litigation: Clusters Of Causes Of Action In Federal Complaints, Christina L. Boyd, David A. Hoffman, Zoran Obradovic, Kosta Ristovski

Scholarship@WashULaw

This project empirically explores civil litigation from its inception by examining the content of civil complaints. We utilize spectral cluster analysis on a newly compiled federal district court dataset of causes of action in complaints to illustrate the relationship of legal claims to one another, the broader composition of lawsuits in trial courts, and the breadth of pleading in individual complaints. Our results shed light not only on the networks of legal theories in civil litigation but also on how lawsuits are classified and the strategies that plaintiffs and their attorneys employ when commencing litigation. This approach permits us to …

Economic Theory Lost In Translation: Will Behavioral Economics Reshape The Compelled Commercial Speech Doctrine, Kyle Rozema

Scholarship@WashULaw

This Article consolidates the economic and legal theory needed to properly analyze the impact of salience measures on the commercial speech doctrine. By walking through various First Amendment scenarios, this Article describes and differentiates between the two main governmental interests motivating graphic image requirements on cigarette labels: reducing smoking and informing consumers. The Article then sets up a game-theoretic model of the compelled commercial speech doctrine and uses Bayesian inference to make assumptions about how the Supreme Court would rule if it eventually rules on similar graphic images placed on cigarette labels. Solving the model by way of forward induction …

Litigating Toward Settlement, Christina L. Boyd, David A. Hoffman

Scholarship@WashULaw

Civil litigation typically ends when the parties compromise. While existing theories of settlement primarily focus on information exchange, we instead examine how motion practice, especially non-discovery motions, can substantially shape parties’ knowledge about their cases and thereby influence the timing of settlement. Using docket-level federal district court data, we find a number of strong effects regarding how motions can influence this process, including that the filing of a motion significantly speeds case settlement, that granted motions are more immediately critical to settlement timing than motions denied, and that plaintiff victories have a stronger effect than defendant victories. These results provide …

Globalization And Law: Law Beyond The State, Ralf Michaels

Faculty Scholarship

The chapter provides an introduction into law and globalization for sociolegal studies. Instead of treating globalization as an external factor that impacts the law, globalization and law are here viewed as intertwined. I suggest that three types of globalization should be distinguished—globalization as empirical phenomenon, globalization as theory, and globalization as ideology. I go on to discuss one central theme of globalization, namely in what way society, and therefore law, move beyond the state. This is done along the three classical elements of the state—territory, population/citizenship, and government. The role of all of these elements is shifting, suggesting we need …

The Lawyer's Toolbox: Teaching Students About Risk Allocation, Dana Malkus, Scott Stevenson, Eric J. Gouvin, Usha Rodrigues

All Faculty Scholarship

This Article is the transcript of a panel presented at Emory’s Third Biennial Conference on Transactional Education. The panel focuses on techniques for teaching risk allocation as part of transactional skills classes. The panelists describe their approaches to teaching risk allocation, from syllabus design to final evaluations. How can a professor help students to understand the basic concepts of risk, the role risk plays in business and legal decisions, and how they can help clients manage risk. The techniques for teaching risk allocation include hypotheticals, visual aids, and hands-on assignments. The panelists each take their students down a different path …

Managing The Polarities Of Democracy: A Theoretical Framework For Positive Social Change, William J. Benet

Journal of Sustainable Social Impact

People around the globe have embraced democracy to bring about positive social change to address our environmental, economic, and militaristic challenges. Yet, there is no agreement on a definition of democracy that can guide social change efforts. The Polarities of Democracy model is a unifying theory of democracy to guide healthy, sustainable, and just social change efforts. The Polarities of Democracy model consists of ten elements, organized as five polarity pairs: freedom & authority, justice & due process, diversity & equality, human-rights & communal-obligations, and participation & representation. In this model each element has positive aspects and negative aspects and …

Regulating Ex Post: How Law Can Address The Inevitability Of Financial Failure, Iman Anabtawi, Steven L. Schwarcz

Faculty Scholarship

Unlike many other areas of regulation, financial regulation operates in the context of a complex interdependent system. The interconnections among firms, markets, and legal rules have implications for financial regulatory policy, especially the choice between ex ante regulation aimed at preventing financial failure and ex post regulation aimed at responding to that failure. Regulatory theory has paid relatively little attention to this distinction. Were regulation to consist solely of duty-imposing norms, such neglect might be defensible. In the context of a system, however, regulation can also take the form of interventions aimed at mitigating the potentially systemic consequences of a …

Human Trafficking In Poland: Further Victimization Of Female Victims Of Human Trafficking For Sexual Exploitation, Katarzyna Peninska

Master's Theses

Poland is a source, destination, and transit country for human trafficking. The country is taking steps to address this crime, but it offers very little benefits to the victims. Currently, the victims are only allowed to stay temporarily in Poland if they testify against their traffickers. During their cooperation with the prosecution they rarely receive legal representation or psychological help. This thesis posed the question of whether Polish laws and the Polish system further victimize female victims of human trafficking for sexual exploitation. The research was conducted in Poland between May and July of 2012. The first part of the …