Social and Behavioral Sciences Commons^™

Leveraging Aggregate Data For The Anti-Trafficking Movement: A National Strategy For Curating, Analyzing, And Visualizing Multiple Data Sources For The Field, John Nehme

SMU Human Trafficking Data Conference

No abstract provided.

Toward A Better Criminal Legal System: Improving Prisons, Prosecution, And Criminal Defense, David A. Harris, Created And Presented Jointly By Students From State Correctional Institution - Greene, Waynesburg, Pa, And University Of Pittsburgh School Of Law, Chief Editor: David A. Harris

Articles

During the Fall 2023 semester, 15 law (Outside) students from the University of Pittsburgh School of Law and 13 incarcerated (Inside) students from the State Correctional Institution – Greene, in Waynesburg, Pennsylvania, took a full semester class together called Issues in Criminal Justice and Law. The class, occurring each week at the prison, utilized the Inside-Out Prison Exchange pedagogy, and was facilitated by Professor David Harris. Subjects include the purposes of prison, addressing crime, the criminal legal system and race, and issues surrounding victims and survivors of crime. The course culminated in a Group Project; under the heading “improving the …

Creating A Better, Fairer Criminal Justice System, David A. Harris, Created And Presented Jointly By Students From State Correctional Institution - Greene, Waynesburg, Pa, And University Of Pittsburgh School Of Law, Chief Editor: David A. Harris

Articles

In the Fall 2022 semester, 14 law (Outside) students from the University of Pittsburgh School of Law and 14 incarcerated (Inside) students at the State Correctional Institution at Greene, in Waynesburg, Pennsylvania, took a full-semester class together called "Issues in Criminal Justice and the Law." The class, taught and facilitated by Professor David Harris, utilized the Inside-Out Prison Exchange Program pedagogy, emphasizing dialogic learning and peer teaching. The semester culminated with a group project, with the topic selected by the students: "creating a better, fairer criminal justice system." Members of the class organized themselves into small groups, each working for …

Oklahoma V. Castro-Huerta, United States Supreme Court, Brett Kavanaugh

US Government Documents related to Indigenous Nations

This United States (US) Supreme Court decision, argued April 27, 2022 and decided June 29, 2022 expanded the reach of state jurisdiction to allow for prosecution of crimes that occur on Indigenous land, regardless of whether or not a state is named as having such jurisdiction under US Public Law 280. In 2020, the US Supreme Court's decision on McGirt v. Oklahoma established that much of the eastern part of the state of Oklahoma is Indigenous land and therefore falls under either tribal jurisdiction or Federal jurisdiction. In 2015 Victor Manuel Castro-Huerta was charged and convicted of child neglect by …

Technology In The Security Sector: Mexico, Vanessa J. Gutierrez, Melina Ponte, Angiee Rosario, Arleen Castillo, Henry Saldarriaga, Hector Tejeda, Stephanie Reich, Rosemary Barberet

Publications and Research

The use of technology in policing seeks to improve the efficiency and effectiveness of the daily duties police officers may encounter. However, there is mixed empirical data on the use of technology and if it is really contributing to the institutional goals of the security sector, or, if it is contributing to other factors. This report provides an exploratory approach to understanding what information technology is being used in Mexico at the state level, in order to compare where broader application of information technology could make impactful contributions to the security situation in the country.

With a focus on six …

The Right To Counsel: Criminal Prosecution In 19th Century London, Bryan Mccannon, Zachary Porreca

Faculty & Staff Scholarship

Exploiting a novel data set of criminal trials in 19th century London, we evaluate the impact of an accused’s right to counsel on convictions. While lower-level crimes had an established history of professional representation prior to 1836, individuals accused of committing a felony did not, even though the prosecution was conducted by professional attorneys. The Prisoners’ Counsel At of 1836 remedied this and first introduced the right to counsel in common law systems. Using a difference-in-difference estimation strategy we identify the causal effect of defense counsel. We find the surprising result that the professionalization of the courtroom lead to an …

Changemakers: Master Of Studies In Law: 'Law Isn't A Foreign Language Anymore', Roger Williams University School O Law

Life of the Law School (1993- )

No abstract provided.

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

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 …

The Compromises Progressive Prosecutors Must Make: Three Case Studies, Alexander John Kott

Honors Papers

Elected prosecutors in the United States have facilitated mass incarceration, especially since 1994. In response, activists have helped to elect progressive prosecutors at the local level. This thesis examines whether prosecutors can achieve progressive goals, including increasing the fairness of the criminal justice process, prosecuting police abuse, and reducing incarceration. Based on three case studies, I find that prosecutors can reduce incarceration and increase the fairness of the criminal justice process, but that they currently face significant constraints in prosecuting police abuse. A prosecutor’s capacity to collaborate with more conservative agents is the most crucial factor for success and depends …

From The Legal Literature: Is Progressive Prosecution Possible?, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

Perspectives Of Key Court Personnel On The Prosecution Of Domestic Violence Cases, Crystal M. Schoeder

Walden Dissertations and Doctoral Studies

Domestic violence (DV) continues to be a public health and criminal justice problem. Several criminal justice system changes have been made to combat DV, such as mandatory arrest policies, no-drop prosecution policies, and specialized DV courts. Perspectives on these policies, DV, and the criminal justice system have been obtained from the victims, police officers, and victim advocates. However, perspectives from those within the criminal justice court system are missing. The purpose of this qualitative phenomenological study was to obtain the perspectives of key court personnel in small rural communities regarding the prosecution of DV cases. Narrative policy framework was used …

Twelve Angry Men: A Twenty-First Century Reflection Of Race, Art, And Incarceration, Mackenzie A. Gross

Honors Theses

Twelve Angry Men: A Twenty-First Century Reflection of Race, Art and Incarceration is a Comparative and Digital Humanities Honors Thesis concentrating on Africana Studies, theatre, sociology and legal studies to demonstrate the importance of investing in incarcerated communities through theatre and education.

In Chapter I, I critique the loss of identity attached to incarceration, and introduce the foundation for Black bodies individuals being discriminated against in the prosecution system. I analyze the “Punishment vs Progress” mentality, and introduce current educational programs in place in prisons. I elaborate on the details of our production, as well as the makeup of actors. …

Law School News: 'Law Isn't A Foreign Language Anymore' 11/24/2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

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 …

Misdemeanors By The Numbers, Sandra G. Mayson, Megan T. Stevenson

All Faculty Scholarship

Recent scholarship has underlined the importance of criminal misdemeanor law enforcement, including the impact of public-order policing on communities of color, the collateral consequences of misdemeanor arrest or conviction, and the use of misdemeanor prosecution to raise municipal revenue. But despite the fact that misdemeanors represent more than three-quarters of all criminal cases filed annually in the United States, our knowledge of misdemeanor case processing is based mostly on anecdote and extremely localized research. This Article represents the most substantial empirical analysis of misdemeanor case processing to date. Using multiple court-record datasets, covering several million cases across eight diverse jurisdictions, …

Perceptions Of Barriers In Prosecuting Human Trafficking Cases, Jennifer Nelms

Theses and Dissertations

Human trafficking is a world-wide problem with many barriers. Human trafficking cases are criminal but are also a violation of human rights. Human trafficking victims are lured from their homes based on the allusion from the trafficker of a better life. The victims are then beaten, forces to use drugs, and essentially broken. Once the victim is broken they are forced to perform sexual acts. Due to the initial promises and threats the victims endure, they also suffered from fear of trusting others especially law enforcement as well as other psychological issues similar to that of a domestic violence victim. …

Three Theoretical Approaches To Lemkin’S Definition Of Genocide, Jonathan Hobson

Genocide Studies and Prevention: An International Journal

This paper is an exploration of genocide prosecutions since the inception of the term in 1944 by Raphael Lemkin, its legal definition by the United Nations in 1948, and the eventual establishing of the International Criminal Court in 1998. The paper is in three parts. The first part examines the history of genocide legislation, particularly the international legal frameworks established since Lemkin first devised the term in 1944. The second part details, for the first time, the extent of genocide prosecutions to date. To do so, it employs material from various international criminal tribunals, the International Criminal Court, national courts, …

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 …

Book Review: Abortion Rights: For And Against, Michelle Oberman, Julia D. Hejduk

Faculty Publications

No abstract provided.

Prosecutorial Discretion: Charging & Plea Bargaining, Wyatt Greth

Criminal Justice

No abstract provided.

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

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

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Contemporary Soviet Criminal Law: An Analysis Of The General Principles And Major Institutions Of Post-1958 Soviet Criminal Law, Chris Osakwe

Georgia Journal of International & Comparative Law

No abstract provided.

Universal Jurisdiction: The Oxymoron Of International Law, Christian Russell Flemming

Senior Theses

The topic of universal jurisdiction is one that is unknown to many people because of its uniqueness. The oxymoronic nature of its title reveals the inconsistency in current international prosecution. Universal jurisdiction allows states to claim criminal jurisdiction over an accused party regardless of where the alleged crime was committed and regardless of the nationality of the accused party. States invoked the principle of universality during the Nuremberg trials, initiating the modern take on international war crimes such as crimes against humanity and genocide. The politicization of universal jurisdiction does not allow for an independent judiciary and so the system …

The Internet Vs. The Nation-State: Prevention And Prosecution Challenges On The Internet In Republic Of Türkiyi, Ersin Elibol

Graduate Program in International Studies Theses & Dissertations

Social, economic, and technological developments are widely accepted as powerful forces that affect the role, power, and functions of nation-states. Being one of the most influential technological developments in the recent decades, the internet has come into prominence in this regard.

With the use of the Internet, the monopoly of media and information controlled by official ideologies, capitalist barons, or elites is seriously challenged. Consequently the power balance between individuals and authorities in the mass media and communication has been transformed in a significant way. Though their reliability may sometimes be questionable, the number and type of information resources has …

Identifying Appropriate Sanctions For Youth Sexual Behavior: The Impact Of Age, Gender, And Sexual Orientation, Erin B. Comartin, Poco D. Kernsmith, Roger M. Kernsmith

Social Work Faculty Publications

Although statutory rape laws were initially developed to protect youth from coercion by adults, youth are sometimes also prosecuted under these laws. This article investigates public attitudes regarding sanctions for youth engaging in sexual behaviors with peers. Hierarchical linear modeling was used to determine if age and gender of the offending youth, and sexual orientation of the relationship,has an impact on the public's level of agreement for sanctioning youth for three types of sexual behavior: intercourse, oral sex, or touching. The study participants (N= 757) were drawn from the general population of adult Michigan residents; the sample was racially representative …

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. …

The Influence Of Human Rights Advocacy Networks On The Prosecution Of Conflict-Related Sexual Violence In International Criminal Courts, Jessica Welker

Dissertations and Theses

"This thesis explores how human rights advocacy organizations have influenced the increased prosecution of conflict-related sexual violence in international criminal courts. This thesis will use the cases of the International Criminal Tribunal for Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR), and the International Criminal Court (ICC) to demonstrate that well-established international human rights non-governmental organizations (NGOs) and legal coalitions have been the primary actors in transnational human rights advocacy networks to influence the investigation and prosecution of conflict-related sexual violence in international criminal courts. The objective of the thesis is to focus on the major players in human …