Social and Behavioral Sciences Commons^™

Convenience Theory Of Cryptocurrency Crime: A Content Analysis Of U.S. Federal Court Decisions, Claire Nolasco Braaten, Michael S. Vaughn

Criminology and Criminal Justice Faculty Publications

This article examines cryptocurrency cases decided in the U.S. District and Circuit Courts to determine the applicability of Gottschalk’s convenience theory of white collar crime to cryptocurrency crime litigation and to empirically analyze whether the conditions under which cryptocurrency offenses occurred show support for the convenience theory. Analysis of U.S. federal district and circuit court case law involving cryptocurrency crimes and fraud indicate support for the convenience theory of white-collar crime. Defendants in various schemes were motivated by financial gain, either for the company or for personal use. Their roles and positions in the businesses allowed them access to resources …

Are Domestic Incidents Really More Dangerous To Police? Findings From The 2016 National Incident Based Reporting System, Justin Nix, Tara Richards, Gillian M. Pinchevsky, Emily M. Wright

Criminology and Criminal Justice Faculty Publications

It is widely believed among police officers that domestic incidents are among the most dangerous incidents to which they respond. However, most research in this area suffers from the “denominator problem,” where prior studies have focused on incidents resulting in harm to police officers and failed to account for incidents not resulting in harm. Such methodologies can produce drastically misleading results. This paper uses data from the 2016 National Incident Based Reporting System (NIBRS) to overcome the denominator problem. We examine the probability of (1) an officer being assaulted and (2) an officer being injured or killed when responding to …

Less Safe In The Ivory Tower: Campus Sexual Assault Policy In The Trump Administration, Leah C. Butler, Heejin Lee, Bonnie S. Fisher

Criminology and Criminal Justice Faculty Publications

Since the late 20th century, the federal government has regulated colleges’ and universities’ handling of campus sexual and gender-based violence (CSGBV). Although the arc of history has bent toward establishing greater protections for victims of such violence, new proposed regulation by the U.S. Department of Education under the Trump administration focuses more heavily on ensuring due process rights for students accused of CSGBV. Most recently, in November 2018, U.S. Secretary of Education, Betsy DeVos submitted a proposed rule change to the regulation of Title IX of the Education Amendments of 1972. This article provides the historical context for this …

Racial Differences In Conceptualizing Legitimacy And Trust In Police, Erin M. Kearns, Emma Ashooh, Belen Lowrey-Kinberg

Criminology and Criminal Justice Faculty Publications

Scholarly debate on how best to conceptualize legitimacy and trust in police has generally assumed these conceptualizations are stable across demographics. Recent evidence, however, suggests that this may not be the case. We examine how the public conceptualizes legitimacy and trust in police, how public conceptualizations relate to academic debate on these terms, and how public views differ between and within racial groups. This work is exploratory, though it is rooted in differences found in theoretically driven empirical work on the subject. Data are from online, national samples of White (N = 650), Black (N = 624), and …

Construing The Legality Of Solitary Confinement: Analysis Of United States Federal Court Jurisprudence, Claire Nolasco, Michael S. Vaughn

Criminology and Criminal Justice Faculty Publications

This article analyzes the constitutional parameters of solitary confinement, administrative segregation, and/or punitive isolation within correctional facilities in the United States. After briefly discussing the harmful effects of isolation and the number of inmates subject to this type of confinement, it explains the U.S. Supreme Court’s “atypical and significant hardship” standard for assessing the legality of segregation. Evaluation of 68 cases decided by the 12 U.S. Circuit Courts of Appeals reveals how each Circuit decides when conditions of segregation amount to an “atypical and significant hardship” for the inmate, creating a liberty interest protected by the Fourteenth Amendment Due Process …

The Role Of Hospitable And Inhospitable States In The Process Of Refugee Resettlement In The United States, Claire Nolasco, Daniel Braaten

Criminology and Criminal Justice Faculty Publications

Although the resettlement of refugees is always politically contentious in host countries, the current global refugee crisis has only magnified those contentions. In the United States and in many European countries there has been a strong backlash against the resettlement of refugees particularly those from Muslim majority countries. However, within countries such as the U.S. there are areas of the country that are more anti-refugee than others. The purpose of this paper is to explore the variation in refugee resettlement across the fifty U.S. states from 2002-2010. Refugee resettlement in the U.S. is done in conjunction with the federal government, …

Testing A Theoretical Model Of Perceived Audience Legitimacy: The Neglected Linkage In The Dialogic Model Of Police–Community Relations, Justin Nix, Justin T. Pickett, Scott E. Wolfe

Criminology and Criminal Justice Faculty Publications

Objectives:

Democratic policing involves an ongoing dialogue between officers and citizens about what it means to wield legitimate authority. Most of the criminological literature on police legitimacy has focused on citizens’ perceptions of this dialogue—that is, audience legitimacy. Consequently, we know little about how officers perceive their legitimacy in the eyes of the public and the antecedents of such perceptions. Pulling together separate strands of literature pertaining to citizen demeanor, hostile media perceptions, and danger perception theory, we propose and test a theoretical model of perceived audience legitimacy.

Method:

We conducted two separate studies: the first a survey of 546 …

Transnational State-Sponsored Cyber Economic Espionage: A Legal Quagmire, Brenda I. Rowe

Criminology and Criminal Justice Faculty Publications

Transnational state-sponsored cyber economic espionage poses a threat to the economy of developed countries whose industry is largely reliant on the value of information. In the face of rapid technological development facilitating cyber economic espionage from afar on a massive scale, the law has not developed apace to effectively address this problem. Applicable United States domestic laws have been ineffective in addressing the problem due to lack of enforcement jurisdiction, sovereign immunity, and inability to hold the state sponsor accountable. Customary international law principles offer little help in combatting the issue, as countermeasures are typically unavailable since espionage may not …

Demeanor And Police Culture: Theorizing How Civilian Cooperation Influences Police Officers, Justin T. Pickett, Justin Nix

Criminology and Criminal Justice Faculty Publications

Purpose
The purpose of this paper is to revisit classic theoretical arguments regarding the broad effects of civilian demeanor on policing and extend associated findings.

Design/methodology/approach
The theoretical framework draws on insights from the literatures on police culture, the group engagement model and fairness heuristic theory. The authors argue that demeanor is best conceptualized as the degree of procedural justice exhibited by civilians toward police. Theoretically, procedurally just cooperation should influence officers’ adherence to police culture by affecting their social identification and assessments of civilians’ motives and moral deservingness. To test the hypotheses, the authors surveyed sworn officers from a …

Is It Terrorism?: Public Perceptions, Media, And Labeling The Las Vegas Shooting, Matthew J. Dolliver, Erin M. Kearns

Criminology and Criminal Justice Faculty Publications

When a mass casualty event occurs, why do some people label it terrorism while others do not? People are more likely to consider an attack to be terrorism when the perpetrator is Muslim, yet it is unclear what other factors influence perceptions of mass violence. Using data collected from a national sample of U.S. adults shortly after the 2017 Las Vegas shooting, we examine how media consumption and social identity influence views of the attack. Media consumption and individual-level factors—Islamophobia, political ideology, and other participant demographics—influence how people view the attack and how confident people are in their assessments.

From Playboy To Prison: When Pornography Use Becomes A Crime, Julie D. Garman, Lisa L. Sample, Sarah A. Steele

Criminology and Criminal Justice Faculty Publications

This study explores pornography use across the lifespan for a sample of registrants convicted of child pornography related offenses. We conducted qualitative life history interviews with nine offenders to examine how offender, victim, and situational factors interact to produce pornography related criminal events. Using a hybrid analytic approach, themes related to persistence in pornography use and the social acceptability of pornography are identified. These themes relate to transitions from legal pornography use to illegal child pornography possession.

The Application Of Risk–Needs Programming In A Juvenile Diversion Program, Lindsey Wylie, Samantha S. Clinkinbeard, Anne M. Hobbs

Criminology and Criminal Justice Faculty Publications

As “gatekeepers” into the juvenile justice system, diversion programs are positioned to prevent future delinquency. Although research on the effectiveness of diversion is mixed, the risk–needs–responsivity (RNR) model may explain how diversion programming that matches youth to services based on their risk and needs may reduce reoffending. Most RNR research has included juveniles at the deeper end of the system, fewer studies have examined RNR with early system–involved youth. The current study explored the application of risk and needs matching in a juvenile diversion program by gender and race/ethnicity. Furthermore, we estimated a survival function to estimate risk and needs …

Suffer The Little Children To Come: The Legal Rights Of Unaccompanied Alien Children Under United States Federal Court Jurisprudence, Claire Nolasco, Daniel Braaten

Criminology and Criminal Justice Faculty Publications

This article analyses United States (US) federal court jurisprudence to determine the legal rights of unaccompanied alien children (UAC) in various stages of immigration enforcement proceedings. After briefly discussing statistics on UAC in the US, it explains the legal context of US laws governing unaccompanied minors. Through examining 40 cases decided by the 12 US Circuit Courts of Appeals and various federal district courts, the article specifies how these courts interpreted and expanded on the procedural legal rights of UAC upon apprehension by immigration officials, during placement or detention decisions of the Office of Refugee Resettlement (ORR), prior to voluntary …

Gender And Serious Youth Victimization: Assessing The Generality Of Self-Control, Differential Association, And Social Bonding Theories, Egbert Zavala, Ryan E. Spohn, Leanne F. Alarid

Criminology and Criminal Justice Faculty Publications

Criminologists have long questioned whether theories that have focused on male delinquency are equally applicable to female delinquency, a phenomenon termed “gender generalizability.” While a number of studies have used self-reports from offenders, criminologists have yet to extend this issue to crime victims. While controlling for variables derived from victimization theories, we test three criminological perspectives (self-control, differential association, and social bond) on male and female victimization using data obtained from the Evaluation of the Gang Resistance Education and Training (GREAT) Program in the United States. Results show that for male victimization, gang membership and indications of a deviant lifestyle …

From “Whores” To “Victims”: The Rise And Status Of Sex Trafficking Courts, Teresa C. Kulig, Leah C. Butler

Criminology and Criminal Justice Faculty Publications

Views of people involved in the commercial sex trade have shifted. Once seen as prostitutes or “whores,” they are increasingly perceived as exploited “victims.” The behavior associated with commercial sex has been redefined from voluntary and disreputable to coerced and deserving of rescue. This new framework is part of a broader anti-trafficking movement in society to recognize and save vulnerable individuals who are exploited for sex. In this context, the model of problem-solving or specialty courts has been extended to sex trafficking cases. The goal first is to identify trafficking victims–also known as “victim-defendants”–and then to address their risk factors …

The Sources Of Violent And Nonviolent Offending Among Women In Prison, Benjamin M. Steiner, Emily M. Wright, Sara Toto

Criminology and Criminal Justice Faculty Publications

This study involved an assessment of the relevance of women’s background characteristics for predicting their offending in prison. Data were collected from over 650 women confined in a large prison for women in a Midwestern state, and the relative effects of these factors were examined. Findings revealed that background characteristics reflecting social demographics (e.g. race, sexual orientation) and women’s life experiences (e.g. abuse as a child) were relevant for predicting women’s violent and nonviolent misbehavior in prison.

Traffic Stops, Race, And Perceptions Of Fairness, Joselyne Chenane, Emily M. Wright, Chris L. Gibson

Criminology and Criminal Justice Faculty Publications

Traffic stops are the most common reason for face-to-face encounters between police officers and citizens. Contact with police can affect citizens’ behaviour toward the police, particularly when citizens perceive unfair treatment by officers during these encounters. Yet, few studies have examined how experiencing a traffic stop affects citizens’ decisions to seek assistance from police or report non-crime emergencies. This study analysed data from the Police-Public Contact Survey (PPCS) to examine (a) the relationship between experiencing traffic stops and calling police for help and/or to report non-crime emergencies and (b) why perceptions of fairness and reasons for the traffic stop might …

When Victims Refuse And Prosecutors Decline: Examining Exceptional Clearance In Sexual Assault Cases, Tara N. Richards, Marie Skubak Tillyer, Emily M. Wright

Criminology and Criminal Justice Faculty Publications

This study examines the predictors of sexual assault case clearance, with a focus on arrest and two types of exceptional clearance: victim refusal to cooperate and prosecutorial declination to prosecute. Using National Incident Based Reporting System (NIBRS) data on crime incidents that contain a sexual offense (N = 21,977), we estimated a multinomial regression model to examine the predictors of different clearance types for cases of sexual assault. Results indicated that the likelihood of victim refusal decreases in cases perpetrated by strangers, involving victim injury, occurring in public, and involving multiple offenses. A similar pattern of findings was observed …

No Evidence Of “Weaponized Title Ix” Here: An Empirical Assessment Of Sexual Misconduct Reporting, Case Processing, And Outcomes, Tara N. Richards

Criminology and Criminal Justice Faculty Publications

Little is known about actual incidents of gender-based violence reported by college students or the campus adjudication process or outcomes of reported cases. Data from Annual Security Reports (ASRs) and Title IX Coordinators was used to examine the context, processes, and outcomes of reported incidents of sexual misconduct (n=1,054) at Institutions of Higher Education (IHEs) in a Mid-Atlantic state. Results showed that ASRs undercounted incidents of sexual misconduct. Few incidents reported to Title IX Coordinators resulted in a formal Title IX complaint, and fewer still resulted in a finding of responsibility or suspension/expulsion of the responsible student. The primary outcome …

When To Take Credit For Terrorism? A Cross-National Examination Of Claims And Attributions, Erin M. Kearns

Criminology and Criminal Justice Faculty Publications

Rationalist research expects that groups claim credit for terrorism. Yet, the vast majority of attacks are not claimed. Of the unclaimed attacks, about half are attributed to a specific group. What factors impact claiming decisions? While extant literature largely treats claiming as binary—either claimed or not—the present study disaggregates claiming decisions further to also consider attacks with attributions of credit but no claim, using data from 160 countries between 1998 and 2016. Both attack-level and situational factors impact claiming decisions. Disaggregating claiming behavior shows meaningful differences. Specifically, competitive environments and suicide attacks increase claims but not attributions. Higher fatalities in …

Not Falling Prey To The “Myth Of Methodology”: Naturalistic Inquiry Into The Nature Of Violence (Review), Ryan E. Spohn

Criminology and Criminal Justice Faculty Publications

No abstract provided.

Mock Juror Perceptions Of Police Shootings: The Effects Of Victim Race And Shooting Justifiability, Jessica Huff, Muaricio J. Alvarez, Monica K. Miller

Criminology and Criminal Justice Faculty Publications

Recent police shootings of African Americans have led citizens to question police officers’ use of force. Thus, it is important to determine whether mock jurors can distinguish between justifiable and unjustifiable police shootings—and whether their judgements depend on victim race. Media attention could lead jurors to be more punitive in cases in which an officer shoots an African American (compared to Caucasian) victim. A punitive verdict would reflect society’s opposition to such shootings, as suggested by the bandwagon effect. In a 2 (Shooting: Justified/Unjustified) x 2 (Victim’s race: African American/ Caucasian) experiment, mock jurors read a trial summary involving a …

When Data Do Not Matter: Exploring Public Perceptions Of Terrorism, Erin M. Kearns, Allison E. Betus, Anthony F. Lemieux

Criminology and Criminal Justice Faculty Publications

Public perceptions of terrorism are out of line with reality. How can perceptions be changed? Using a 4 × 2 experimental design with a national sample of U.S. adults, we examine how source of information and details provided impact views of terrorism. Sources, details, and individual-level factors—Islamophobia, trust in media, and trust in science—impact perceived accuracy of terrorism data. Many people updated their views on terrorism after reading factual information, yet only trust in science was related with this change. In short, people can be persuaded by factual information on terrorism, but it is less clear why they change beliefs.

Get Out Of My Driveway! Collins V. Virginia Protects Curtilage From Being Trampled By The Automobile Exception, Brenda I. Rowe

Criminology and Criminal Justice Faculty Publications

In Collins v. Virginia (2018), the U.S. Supreme Court held that the automobile exception cannot justify a warrantless search of an automobile parked in a home’s curtilage because the automobile exception pertains solely to the search of the automobile, not to the intrusion upon the Fourth Amendment privacy interest in the home’s curtilage. After giving an overview of relevant Fourth Amendment jurisprudence concerning the curtilage doctrine and the automobile exception as well as the history of the exclusionary rule, this article examines the majority, concurring, and dissenting opinions in Collins and discusses the implications of this important decision. Collins …

Does Insider Trading Pay? An Analysis Of Trading And Tipping Activities In Insider Trading Litigation, Aneta Spaic, Claire Nolasco, Lily Chi-Fang Tsai, Michael S. Vaughn

Criminology and Criminal Justice Faculty Publications

Purpose

This paper analyzes trading and tipping activities in insider trading litigation decided by federal courts from January 1, 2012 to December 31, 2014.

Design/methodology/approach

Legal documents from the US Securities and Exchange Commission, LexisNexis and Westlaw databases were coded to determine profile, patterns of trading and settlement outcomes.

Findings

Results of statistical analysis indicate that a defendant in both civil and criminal cases is more likely to trade on the information when he/she receives a direct, financial benefit from breaching his/her duty of confidentiality. The defendant tipper is also more likely to pass on the information to a close …

The Long Wait For An Improbable Death: A Look At Delays In Executions In Kansas And Possible Reforms To Capital Punishment, Amy M. Memmer, Melanie K. Worsley, Brenda I. Rowe

Criminology and Criminal Justice Faculty Publications

This article uses Kansas as a case study to show how in Kansas, as in many other states in the United States, the execution of a death sentence is so improbable, and the delays that precede it so extraordinary, that any arguable deterrent or retributive effect capital punishment might once have had has been severely diminished. This article considers possible reforms to the capital punishment system aimed at reducing the delay between sentencing and execution, and the risks that would accompany those reforms. This article also considers whether capital punishment should still be considered a viable option for states in …

Compliance, Noncompliance, And The In-Between: Causal Effects Of Civilian Demeanor On Police Officers’ Cognitions And Emotions, Justin Nix, Justin T. Pickett, Renée J. Mitchell

Criminology and Criminal Justice Faculty Publications

Objectives
Police legitimacy can hinge on what happens in police–civilian encounters, yet much remains unknown about the socio-psychological processes involved in these bilateral interactions, especially those affecting officers. We integrate insights from policing research with theories and findings from scholarship on moral psychology, interpersonal strain, and victimization fear to develop hypotheses about the situational effects of civilian demeanor on officers’ cognitions (suspicion and perceived danger) and emotions (anger, frustration, annoyance, and fear).

Methods
We administered a series of three randomized vignettes involving routine police–civilian encounters to 546 officers working in a large city in the southwestern United States. We randomized …