Social and Behavioral Sciences Commons^™

Measuring The Resilience Of Criminogenic Ecosystems To Global Disruption: A Case-Study Of Covid-19 In China, Hervé Borrion, Justin Kurland, Nick Tilley, Peng Chen

Faculty Publications

Copyright: © 2020 Borrion et al. This is an open access article distributed under the terms of the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited. This paper uses resilience as a lens through which to analyse disasters and other major threats to patterns of criminal behaviour. A set of indicators and mathematical models are introduced that aim to quantitatively describe changes in crime levels in comparison to what could otherwise be expected, and what might be expected by way of adaptation and subsequent resumption of …

The Identity Formation Process Of Immigrant Children: A Case Study Synthesis, Jose Carbajal

Faculty Publications

Introduction: Children who immigrate often have difficulties in adjusting to their host country. A single case study based on similar narratives is composed to develop the character of a child’s developmental cultural issues as he immigrated to the United States from El Salvador. Attachment theory is reviewed to discuss how detachment and re-attachment affected him. A review of the literature on assimilation and acculturation is also provided. Objectives: The author synthesizes the work experience with the population with migration history to illustrate how attachment and loss impact these individuals, through a composed case study illustrated through the experience of Ramni, …

The Impact Of "Strike Hard" On Repeat And Near-Repeat Residential Burglary In Beijing, Peng Chen, Justin Kurland

Faculty Publications

“Strike Hard” is an enhanced law-enforcement strategy in China that aims to suppress crime, but measurement of the crime-reducing effect and potential changes in the spatiotemporal concentration of crime associated with “Strike Hard” remain unknown. This paper seeks to examine the impact, if any, of “Strike Hard” on the spatiotemporal clustering of burglary incidents. Two and half years of residential burglary incidents from Chaoyang, Beijing are used to examine repeat and near-repeat burglary incidents before, during, and after the “Strike Hard” intervention and a new technique that enables the comparison of repeat and near repeat patterns across different temporal periods …

The Power Of Prosecutors, Jeffrey Bellin

Faculty Publications

One of the predominant themes in the criminal justice literature is that prosecutors dominate the justice system. Over seventy-five years ago, Attorney General Robert Jackson famously proclaimed that the “prosecutor has more control over life, liberty, and reputation than any other person in America.” In one of the most cited law review articles of all time, Bill Stuntz added that prosecutors—not legislators, judges, or police—“are the criminal justice system’s real lawmakers.” And an unchallenged modern consensus holds that prosecutors “rule the criminal justice system.”

This Article applies a critical lens to longstanding claims of prosecutorial preeminence. It reveals a curious …

Determination Of Vehicle Speed From Recorded Video Using Reverse Projection Photogrammetry And File Metadata, Brandon Epstein, Bryce Westlake

Faculty Publications

The prevalence of security and in‐car video has increased the number of motor vehicle accidents captured on digital video. However, inconsistencies in how to accurately determine time and distance for vehicle speed has led to examinations with varying results. A potential solution for calculating time intervals is to use frame timing contained within many digital video file's metadata, recorded with 0.000001 sec precision. This paper examines a fatal motor vehicle accident where frame timing information was used with distance measurements from reverse projection photogrammetry to calculate vehicle speed. A margin of error was then calculated based on the accuracy in …

Police Legitimacy In Trinidad And Tobago: Resident Perceptions In A High-Crime Community, Ericka B. Adams

Faculty Publications

Violent crime in Trinidad and Tobago has increased over the last two decades, yet the police have been largely unsuccessful in reducing violence. Between 1999 and 2016, the murder rate increased by 475%. Despite the fact that the murder rate has increased, approximately 76 homicides are cleared each year, resulting in a low-homicide clearance rate. Using 40 semi-structured interviews with community members from a high-crime, low-income community in Trinidad and Tobago, this study examines residents’ experiences with police officers, and respondents’ willingness to work with the police to clear criminal cases. The results indicate that due to a lack of …

Criminal-Justice Apps: A Modest Step Toward Democratizing The Criminal Process, Adam M. Gershowitz

Faculty Publications

No abstract provided.

The Rights Of Queer Children, Robyn Linde

Faculty Publications

The ratification of the United Nations Convention on the Rights of the Child (crc) has long been hailed as a major event in the realisation of children’s human rights, combining the need for protection with a desire to grant agency through recognition of the evolving capacities of the child. Yet the idea of children’s agency as articulated in the crc excluded sexual identity and expression, and ushered in an incomplete emancipation for lgbtiq children; children who are gender non-conforming; and children whose sexual expression otherwise conflicts with heterosexuality – hereafter queer children. I argue that while the crc granted …

The Impact Of Gangs On Community Life In Trinidad, Ericka Adams, Patrice Morris, Edward Maguire

Faculty Publications

Trinidad and Tobago has more than 100 criminal gangs, some of which engage in high levels of homicide and violence. Recent research has shown that gang members in Trinidad and Tobago are more likely than nongang members to be arrested for violent, property, and drug crimes. As gangs continue to proliferate throughout the Caribbean, there is a pressing need to understand the nature of these gangs and their impact on the communities in which they are entrenched. Using data from interviews with community members, police officials, and gang members, as well as ethnographic observations from 10 high crime, predominantly Black …

Interest In Police Patrol Careers: An Assessment Of Potential Candidates' Impressions Of The Police Recruitment, Selection, And Training Processes, Charles Scheer, Michael Rossler, Leonard Papania

Faculty Publications

Both criminal justice researchers and practitioners have suspected that generational preferences and the nature of police patrol work have acted as dual forces leading potential police recruits away from police careers, resulting in large numbers of unfilled police positions. This challenge is exacerbated by accelerating retirements and expanding police duties. Police recruitment became an even larger managerial issue after the 2008 recession failed to resolve the most critical factor driving people away from police careers in the first place: police departments saw fewer and fewer qualified applicants, despite the recession bringing more applicants in number. In the wake of the …

The Silence Penalty, Jeffrey Bellin

Faculty Publications

In every criminal trial, the defendant possesses the right to testify. Deciding whether to exercise that right, however, is rarely easy. Declining to testify shields defendants from questioning by the prosecutor and normally precludes the introduction of a defendant’s prior crimes. But silence comes at a price. Jurors penalize defendants who fail to testify by inferring guilt from silence.

This Article explores this complex dynamic, focusing on empirical evidence from mock juror experiments—including the results of a new 400-person mock juror simulation conducted for this Article—and data from real trials. It concludes that the penalty defendants suffer when they refuse …

“I’Ve Risen Up From The Ashes That I Created”: Record Clearance And Gendered Narratives Of Self-Reinvention And Reintegration, Elsa Chen, Ericka Adams

Faculty Publications

Record clearance allows some individuals to redesignate or remove certain minor convictions from their criminal records. This interview-based study finds that both men and women seek opportunities for personal gain through record clearance, but women are more motivated by moral and religious influences and concern about reputation. Women are also more likely than men to acknowledge personal flaws, and to desire to replace criminal identities with law-abiding identities. As women redefine their identities, caregiving is especially important as a personal obligation and professional aspiration. Record clearance is particularly compatible with women’s motivations, willingness to change, and personal and professional goals.

Erasing The Mark Of A Criminal Past: Ex-Offenders’ Expectations And Experiences With Record Clearance, Ericka Adams, Elsa Chen, Rosella Chapman

Faculty Publications

Through the process of record clearance, individuals can have certain minor convictions removed from their criminal records or designated as expunged. This study analyzes data gathered from semi-structured interviews with 40 persons with past criminal convictions to examine the expectations of individuals who seek record clearance and the extent to which completion of the process facilitates efforts to reintegrate into society and desist from crime. The analysis finds that record clearance benefits ex-offenders through external effects, such as the reduction of barriers to employment, and internal processes, such as the facilitation of cognitive transformation and the affirmation of a new …

Effective Innovation Policies For Development: Uganda, Julius Ecuru, Dick Kawooya

Faculty Publications

No abstract provided.

An Ntsb For Capital Punishment, Adam M. Gershowitz

Faculty Publications

When a fatal traffic accident happens, we expect the local police and prosecutors to handle the investigation and criminal charges. When afatal airplane crash occurs, however, we turn instead to the National Transportation Safety Board (NTSB). The reason is that air crashes are complicated and the NTSB has vast expertise. Without that expertise, investigations falter. We need look no further than the mess made by Malaysian authorities in the search for Flight 370 to see the importance of expertise in handling complicated investigations and processes. It is easy to point to a similar series of mistakes by local prosecutors and …

Rethinking The Timing Of Capital Clemency, Adam M. Gershowitz

Faculty Publications

This Article reviews every capital clemency over the last four decades. It demonstrates that in the majority of cases, the reason for commutation was known at the conclusion of direct appeals—years or even decades before the habeas process ended. Yet when governors or pardon boards actually commuted the death sentences, they typically waited until the eve of execution, with only days or hours to spare. Leaving clemency until the last minute sometimes leads to many years of unnecessary state and federal habeas corpus litigation, and this Article documents nearly 300 years of wasted habeas corpus review. Additionally, last-minute commutations harm …

Informal–Formal Sector Interactions In Automotive Engineering, Kampala, Dick Kawooya

Faculty Publications

This chapter provides findings from a Ugandan case study that examined innovation transfers between informal-sector automotive artisans and formally employed researchers at Makerere University’s College of Engineering, Design, Art and Technology (CEDAT). Th e primary site studied was CEDAT’s Gatsby Garage, an automotive workshop where it was found that the informal-sector artisans were central to innovative processes but were at the same time driven more by sharing impulses than by concern for the intellectual property (IP) implications of their work. Based on these findings, it is argued that Ugandan policy-makers need to seek policy tools to support innovation transfers between …

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. …

Mental Health, Substance Use, And Delinquency Among Truant Youth In A Brief Intervention Project: A Longitudinal Study, Richard Dembo, Rhissa Briones-Robinson, Kimberly Barrett, Ken C. Winters, James Schmeidler, Rocío Aracelis Ungaro, Lora Karas, Steven Belenko, Laura Gulledge

Faculty Publications

The relationship between substance use, mental health disorders, and delinquency among youth is well documented. What has received far less attention from researchers is the relationship between these issues among truant youth, in spite of studies that document truants are a population at risk for negative outcomes. This study bridges this gap by (a) examining psychosocial functioning and delinquency among truants and (b) assessing the efficacy of a brief intervention (BI) in reducing delinquent behavior over time. To meet these objectives, data were collected from 183 truant youth enrolled in an ongoing National Institute on Drug Abuse (NIDA)-funded BI project. …

On Hart's Category Mistake, Michael S. Green

Faculty Publications

This essay concerns Scott Shapiro’s criticism that H.L.A. Hart’s theory of law suffers from a “category mistake.” Although other philosophers of law have summarily dismissed Shapiro’s criticism, I argue that it identifies an important requirement for an adequate theory of law. Such a theory must explain why legal officials justify their actions by reference to abstract propositional entities, instead of pointing to the existence of social practices. A virtue of Shapiro’s planning theory of law is that it can explain this phenomenon. Despite these sympathies, however, I end with the suggestion that Shapiro’s criticism of Hart, as it stands, is …

Speaking Politely, Kindly, And Beautifully: Ideologies Of Politeness In Japanese Business Etiquette Training, Cynthia Dickel Dunn

Faculty Publications

In recent years, politeness theory has increasingly focused on speakers’ own conceptualizations of polite behavior, viewing politeness concepts as a type of language ideology. This article examines the construction of Japanese politeness concepts in the business etiquette training provided for new employees in Japanese companies. Drawing on participant-observation of business etiquette seminars offered by five training companies, it analyzes how employees are taught to show deference through appropriate honorific use, to speak in ways which are seen as kind or considerate, and to speak and move in ways the instructors define as ‘beautiful.’ The analysis demonstrates how etiquette training conflates …

Informal The New Normal, Dick Kawooya

Faculty Publications

No abstract provided.

Ethical Implications Of Intellectual Property In Africa, Dick Kawooya

Faculty Publications

No abstract provided.

The Infamous ‘One Percenters’: A Review Of The Criminality, Subculture, And Structure Of Modern Biker Gangs, Danielle Shields

Faculty Publications

Owing to the difficulty of conducting empirical research within sophisticated and highly organized criminal enterprises, modern biker gangs have long remained an enigma within law enforcement and academic circles. Despite their secrecy, with an army of an estimated 20,000 members and an unknown number of associates willing to do their bidding, these organizations are responsible for drug trafficking in the streets and within prisons, violence, theft, prostitution rings, and other dangerous criminal behavior both domestically and abroad. In order to address the dearth of readily available information regarding modern biker gangs, this paper serves as a review of the current …

Stress, Mental Health, And Substance Abuse Problems In A Sample Of Diversion Program Youths: An Exploratory Latent Class Analysis, Richard Dembo, Rhissa Briones-Robinson, Laura M. Gulledge, Lora M. Karas, Ken C. Winters, Steven Belenko, Paul Greenbaum

Faculty Publications

Reflective of interest in mental health and substance abuse issues among youths involved with the justice system, we performed a latent class analysis on baseline information collected on 100 youths involved in two diversion programs. Results identified two groups of youths: Group 1: a majority of the youths, who had high levels of delinquency, mental health, and substance abuse issues; and Group 2: youths with low levels of these problems. Comparison of these two groups on a variety of psychosocial measures and parent/guardian reports found differences between them that were consistent with their problem group classification. Follow-up analysis confirmed problem …

Problem Profiles Of At-Risk Youth In Two Service Programs: A Multigroup Exploratory Latent Class Analysis, Richard Dembo, Rhissa Briones-Robinson, Rocío Aracelis Ungaro, Lora M. Karas, Laura M. Gulledge, Paul Greenbaum, James Schmeidler, Ken C. Winters, Steven Belenko

Faculty Publications

Baseline data collected in two brief intervention projects (BI-Court and Truancy Project) were used to assess similarities and differences in subgroups of at-risk youth. Classifications of these subgroups were based on their psychosocial characteristics (e. g., substance use). Multigroup latent class analysis identified two BI-Court subgroups of youth and three truant subgroups. These classes can be viewed as differing along two dimensions, substance use involvement and emotional and behavioral issues. Equality tests of means across the latent classes for BI-Court and Truancy Project youths found significant differences that were consistent with their problem group classification. These findings highlight the importance …

From Rapists To Superpredators: What The Practice Of Capital Punishment Says About Race, Rights And The American Child, Robyn Linde

Faculty Publications

At the turn of the 20^th century, the United States was widely considered to be a world leader in matters of child protection and welfare, a reputation lost by the century’s end. This paper suggests that the United States’ loss of international esteem concerning child welfare was directly related to its practice of executing juvenile offenders. The paper analyzes why the United States continued to carry out the juvenile death penalty after the establishment of juvenile courts and other protections for child criminals. Two factors allowed the United States to continue the juvenile death penalty after most states in …

Enrolling And Engaging High-Risk Youths And Families In Community-Based, Brief Intervention Services, Richard Dembo, Laura M. Gulledge, Rhissa Briones-Robinson, Ken C. Winters

Faculty Publications

Increasing interest has been shown in brief interventions for troubled persons, including those with substance abuse problems. Most of the published literature on this topic has focused on adults, and on the efficacy of these interventions. Few of these studies have examined the critical issues of enrollment and engagement in brief intervention services. The present article seeks to address the shortcomings in the current literature by reporting on our experiences implementing National Institute on Drug Abuse (NIDA)-funded brief intervention projects involving truant and diversion program youths.

Legal Transitions And The Problem Of Reliance, David M. Hasen

Faculty Publications

This Article analyzes the literature on legal transitions. The principal focus is taxation, but the analysis generalizes to other areas. I argue that the theoretical apparatus developed by scholars active in the legal transitions area suffers from significant conceptual shortcomings. These shortcomings include the unwarranted assimilation of legal to factual change, the naturalization of conventional arrangements, and the disregard of the distinction between making law and finding it. As a consequence, the recent literature offers an analysis that is unable either to explain actual transitions or to provide an adequate theory of how legal change should take place. In the …

“Publishers Did Not Take The Bait”: A Forgotten Precursor To The Nih Public Access Policy, Jonathan Miller

Faculty Publications

This article compares the recent National Institutes of Health (NIH) Public Access Policy (2005–07) with the United States Office of Education policy on copyright in funded research (1965–70).The two policies and the differing technological and political contexts of the periods are compared and contrasted. The author concludes that a more nuanced approach to copyright, the digital information environment, and the support of an energized user community auger well for the success of the NIH policy, but that it is still too soon to tell.