Legal Studies Commons^™

Safe Consumption Sites And The Perverse Dynamics Of Federalism In The Aftermath Of The War On Drugs, Deborah Ahrens

Dickinson Law Review (2017-Present)

In this Article, I explore the complicated regulatory and federalism issues posed by creating safe consumption sites for drug users—an effort which would regulate drugs through use of a public health paradigm. This Article details the difficulties that localities pursuing such sites and other non-criminal-law responses have faced as a result of both federal and state interference. It contrasts those difficulties with the carte blanche local and state officials typically receive from federal regulators when creatively adopting new punitive policies to combat drugs. In so doing, this Article identifies systemic asymmetries of federalism that threaten drug policy reform. While traditional …

Recidivism, Gender, And Race: An Analysis Of The Los Angeles County Probation Department’S Risk And Needs Assessment Instruments, Robert V. Howard

Masters Theses

This study assesses the predictive validity of an adult risk need assessment, the Los Angeles Probation Department’s Risk and Needs Assessment Instruments, on 793 clients using several logistic regression models. Models were generated to look for a relationship between risk score and recidivism. This relationship is further explored across gender and race. There are two separate risk assessment instruments used in this study and the sample is separated into two separate groups. The first risk assessment instrument was based on static risk factors such as history of drug or alcohol use, age of first conviction, and conviction history. This assessment …

The Utility Of Using Virtue Locales To Explain Criminogenic Environments, Hunter Max Boehme

Theses and Dissertations

Place-based criminology has a long history of examining the potential causes and correlates of criminogenic environments. This line of scholarship has been able to establish that crime, levels of social guardianship, and racial/ethnic groups are unevenly distributed throughout space. Routine activity theory and environmental criminology are two prominent explanations of the causes of criminogenic environments. Specifically, the crime generator and crime attractor scholarship (Brantingham & Brantingham, 1995) has found recent success uncovering which certain land uses that may be “risky facilities” (e.g., pawn shops, payday lenders, bars). However, these paradigms have yet to discover which businesses are crime-reducing and an …

The Analysis Of Trauma-Informed Risk Assessments Within A Juvenile Justice System In A Midwest State, Kayla M. Bates

Masters Theses

With approximately 90% of justice-involved youth experiencing at least one traumatic event before entering the justice system, trauma-informed care has moved to the forefront of juvenile justice in recent years (Dierkhising et al., 2013). Trauma-informed care aims to capture and address the impact trauma has on youth. One area within the juvenile justice system that is critical to capturing these events in justice-involved youth are risk assessments. The current study aimed to address whether a Midwest state is using trauma-informed questions and incorporating aspects of intersectionality (gender identity, sexual orientation, race, ethnicity, and class) within practices directed at justice-involved youth. …

A Seasonal Crime?: A Quantitative Examination Of The Relationship Between Criminal Charges In The City Of Lynchburg And Seasons Of The Year With Reference To Gender And Race, Caitlin Ann Ann Dorsch

Undergraduate Theses and Capstone Projects

Previously, many criminologists have focused on the intersectionality of gender and race with reference to only one or a few specific crime categories, such as theft or illegal drug use (Sommers et al., 1996; Bushman et al., 2005; Stalans & Ritchie, 2008). According to Sommers & Baskin (1992), gender causes misinterpretation without the inclusion of race when researching violent crime because both characteristics are inherently linked to an individual’s identity. Furthermore, there is a seasonal component to analyzing crime (Hipp et. al., 2004). Using data from the City of Lynchburg Office of Corrections in Virginia from January 2010 to July …

The Media’S Response To Vaping: Catch-Up For A Failed Response?, Christian Maynard

Honors Theses

Media coverage on vaping has become more negative and more prolific due to the recent ‘vaping epidemic’ that has incurred over 2,000 hospitalization. Research on vaping has been limited. The purpose of this study is to investigate the correlations between vape use increase and media publication increase and the specific focus of the articles. Using secondary data from Monitoring the Future: A Continuing Study of the Lifestyles and Values of Youth conducted in 2016, 2017, and 2018 and data generated through qualitative coding of The New York Times articles on vaping between 2016 and 2018, we find that media publications …

Toxic Colonialism And Green Victimization Of Native Americans: An Examination Of The Genocidal Impacts Of Uranium Mining, Averi R. Fegadel

USF Tampa Graduate Theses and Dissertations

While the field of criminology has delved into environmental justice issues in Black communities through the exploration of urban exposure to toxins, it has failed to expand this research orientation to examine issues affecting peoples in different locations, which in the U.S. draws attention to the green victimization of Native Americans. In short, existing criminological research has largely ignored the social, economic, and environmental injustices experienced by Native Americans. This study addresses this research gap by exploring environmental justice issues as they relate to the ways toxic colonialism affects Native Americans. Specifically, this study confronts historic and current struggles endured …

Police Sexual Violence: A Few Bad Apples Or A Cultural Norm?, Philip M. Stinson, John Liederbach, Robert W. Taylor, Chloe Wentzlof, Natalie M. Wise, Bethany R. Sager, Marta Bettinelli

Criminal Justice Faculty Publications

Approximately 1,600 police officers across the United States were arrested for sex-related crimes during the ten year period 2005-2014. The arrested officers were employed by more than 1,100 state and local law enforcement agencies located in all fifty states and the District of Columbia. These data suggest that police sexual violence is a problem involving more than a few “bad apples” and that the phenomenon of police sexual violence may be a cultural norm within many state and local law enforcement agencies.

This presentation was accepted for presentation at the annual meeting of the Academy of Criminal Justice Sciences in …

Cross-National Incarceration Rates As Behavior Of Law, Christopher J. Marier

USF Tampa Graduate Theses and Dissertations

Incarceration rates vary substantially around the world. However, systematic cross-national comparisons examining such variation are rare. Using Donald Black’s theory of law, and further informed by other theories in the sociology of punishment with conceptual overlap, the purpose of this study is to evaluate the structural and cultural factors that influence incarceration rates around the world. Using data from the World Prison Brief, World Values Survey, CIA World Factbook, and other international datasets, this study evaluates a series of ordinary least squares regressions in 66 nations. This study is one of few macrosocial tests of Black’s theory of law to …

Across Racial Lines: Three Accounts Of Transforming Urban Institutions After A Natural Disaster, James Carter, Nolan Rollins, Gregory Rusovich

New England Journal of Public Policy

At 1:30 p.m. on August 29, 2005, Hurricane Katrina grazed the mostly evacuated city of New Orleans, reserving its most devastating force for coastal Mississippi, just to the east. During the next two days, the federal levees protecting the city failed in multiple places. Sixteen hundred people died in the metropolitan area. Residences and businesses in 80 percent of the city went underwater. Public officials warned residents and business owners that they might not be able to return for two to three months. The scope of devastation in certain parts of the city made ever returning questionable for many residents. …

Rising From Katrina’S Ashes But Still In Crisis: Public Defense In New Orleans, Derwyn Bunton

New England Journal of Public Policy

New Orleans’ nickname “Big Easy” was based on the “anything goes” perception of the city. Feeding this perception was a sense of lawlessness, that New Orleans was a place where the rules changed depending on who you were and who you knew. So when Hurricane Katrina hit the city in August 2005 and tossed everything around—flooding mansions and missions, damaging the Superdome and supermarkets—the storm challenged old perceptions and presented unique challenges. Katrina made at least one thing clear: New Orleans could no longer wait for change, pretend nothing happened, or look back. The city’s survival depended on its ability …

Reconnecting The Broken Post-Katrina New Orleans Criminal Justice System, Graymond Martin

New England Journal of Public Policy

When Hurricane Katrina struck New Orleans and the levees protecting the city gave way in August 2005, an already struggling and weakened criminal justice system collapsed in spectacular fashion.

Damage within New Orleans extended far beyond the loss of physical infrastructure. The city’s population was depleted by more than half. For those who remained or returned within the first year, spirits were crushed, uncertainty abounded, and the hard work of restoration was riddled by anxiety, conflict, opportunism, and battles for precious resources.

Longtime judge Leon Cannizzaro Jr., appalled at the near-complete dysfunction of the local criminal justice system, entered and …

The New Orleans Criminal Legal System: A Flowing River, William C. Snowden

New England Journal of Public Policy

Ask anyone from New Orleans and they will tell you the city has not been the same since the storm. Although the city has persevered through many storms and hurricanes in its three-hundred-year history, this particular storm—Hurricane Katrina—is notorious for the transformation it brought to New Orleans in the years that followed.

The makeup, culture, and rhythm of New Orleans have changed, but so too have the various systems that give the city its tempo—particularly the criminal legal system. Hurricane Katrina was a disaster that revealed deficiencies, abnormalities, and injustices in the New Orleans criminal legal system. Some responses to …

Community Demand For Change And Accountability: A History Of Court Watch Nola, New Orleans’ Community Courtwatching Program, Simone Levine

New England Journal of Public Policy

The criminal justice system, like any other system, is run by insiders: prosecutors, judges, deputy sheriffs, police, clerks, private defense, and public defenders. But system outsiders—victims, witnesses, criminal defendants, and the community in general—have the power to demand respect from that same system and to demand that the system work for them. System insiders have no monopoly on the knowledge and the power to shape the criminal justice system.

The Prosecutor As A Final Safeguard Against False Convictions, Elizabeth H. Webster

Criminal Justice & Criminology: Faculty Publications & Other Works

Prosecutors have helped secure an unprecedented number of recent exonerations. This development, combined with the rapid emergence of district attorney-initiated conviction integrity units (CIUs) raises several questions. How do prosecutors’ offices review postconviction innocence claims? How do they make decisions about the merits of those claims? How do CIU processes differ from non-CIU processes? This study examines the circumstances surrounding prosecutor-assisted exoneration cases through semi-structured interviews with 20 prosecutors and 19 defense attorneys. It draws from a sample of both CIU and non-CIU prosecutors, thereby enabling comparisons. Respondents were asked about their experiences and decision-making structures in specific, post-2005 exoneration …

The Effects Of Perceived Motivations And Mental Distress On The Likelihood Of Reporting And Engaging In Self-Protective Measures Among Victims Of Stalking, Daniela Oramas Mora

USF Tampa Graduate Theses and Dissertations

The current study examines how perceived motivations and mental distress affect decision-making among victims of stalking. Although stalking victimization has become relatively common in recent years, with approximately 1 in 6 women reporting to have been victims of stalking at some point in their lives, victims of stalking are unlikely to report to police compared to victims of other violent crimes (NISVS, 2015). Though studies have explored the dynamics of stalking, little is known about the role of the victim’s perception of the offender’s motivation in the victim's decision to report to the police and engage in self-protective measures. The …

“But I’M Standing Inside Right Now And I Need Help”: Security Projects And The Perceptions Of Campus Security, Andrea Corradi, Carrie B. Sanders, James Popham

Qualitative Criminology (QC)

"Acts of violence at institutions of higher education have been heavily publicized, leading security on post-secondary campuses to become a hotbed issue in the media and in the daily lives of those who attend them. With extensive media coverage of events such as the attack on Jeanne Clery, and the mass shootings at Northern Illinois University, Dawson College, and Virginia Tech, many post-secondary schools are working to enhance their security practices. The present study uses Valverde’s (2001; 2008; 2009; 2010; 2011; 2014) security projects framework to examine the lived experiences of security measures on a Canadian urban-integrated campus. Through semi-structured …

Public Opinion Of The Police In 1930s America: A Qualitative Historiographical Study, Willard M. Oliver

Qualitative Criminology (QC)

"Public opinion polls largely developed post-WWII and questions about the police did not appear until the late 1960s. Since then, over 100+ studies have assessed the modern-day public opinion of the police, but none have looked to public opinion from an earlier time period. This study uses a qualitative historiographical approach for assessing public opinion of the police in the 1930s by drawing on the primary source of a letter exchange between two of that eras greatest pulp writers: Robert E. Howard and H.P. Lovecraft. Findings suggest similarities between the 1930s and present day public opinion of the police."

Jennifer E. Cobbina, Hands Up, Don't Shoot, Joshua R. Ruffin

Qualitative Criminology (QC)

"Issues surrounding police use of excessive force continue to be a longstanding debate in the field of Criminal Justice. In the timely boots-on-the-ground work, Hands Up, Don't Shoot, Jennifer Cobbina amplifies the voices of Ferguson and Baltimore protestors by conducting indepth interviews with residents as it relates to their everyday experience with the police. In Hands Up, Don’t Shoot, Cobbina takes an “and” instead of an “or” approach in understanding the experiences often faced by residents of different intersecting identities in these communities. Further, Cobbina provides readers the opportunity to learn of the racialized experiences of these groups …

Out-Of-School Suspensions: Counter-Narratives From The Student Perspective, Karen Mcelrath, Lori Guevara, Zahra Shekarkhar, Joe M. Brown

Qualitative Criminology (QC)

"Out-of-school suspension (OSS) is a major disciplinary tool that has impacted large numbers of students in the United States. Most research into OSS has drawn exclusively on data collected from school records and other “official” sources, and this body of work has contributed to our understanding of suspension decisions by school officials. Considerably less is known about how students experience out-of-school suspensions. This line of inquiry is important because it captures the student voice and reveals a series of counter-narratives that offer alternative interpretations of students’ behaviors that lead to OSS. The aims of this study were twofold: 1) to …

“Everybody Loses:” Understanding Police Roles And Perceptions Of Domestic Violence Calls, Anjali Fulambarker

Qualitative Criminology (QC)

"To better understand police response to domestic violence, it is useful to consider the perspectives of officers themselves. Through exploratory, in-depth interviews and applying the lens of role theory, this study focuses on police officers’ perceptions of their role in responding to domestic violence, their perceptions of the effectiveness of their response, and challenges they face. Findings suggest that, for these participants, there is an overlap in the different roles they inhabit, as well as limitations and barriers to their response. These limitations and obstacles are a signal that officers may be experiencing role overload, which leads to their frustration …

Incapacitated Fatherhood: The Impact Of Mass Incarceration On Black Father Identity, Dara Lewis, Philip Young P. Hong

Qualitative Criminology (QC)

"Despite the growing body of literature detailing the disproportionate social consequences of mass incarceration to black men, many of whom are fathers, insufficient attention has been given to the extent of damage on fatherhood and father identity in particular. This article examines the consequences of mass incarceration on father identity and the performance of fatherhood among a group of black men. Drawing from rich qualitative data, the study uses the lived experiences and perceptions of a group of formerly incarcerated black fathers. This research found that the incarceration experience significantly disrupted the performance of fatherhood among this group of men …

Tasseli Mckay, Megan Comfort, Christine Lindquist, & Anupa Bir, Holding On: Family And Fatherhood During Incarceration And Reentry, Danielle L. Haverkate

Qualitative Criminology (QC)

"The impact of incarceration on families has received increased focus over the past 20 years. The bulk of examinations have narrowed in on the impact of parental incarceration on children (see Wakefield & Wildeman, 2013), the impact of incarceration on parenting (see Hairston, 2002), and the impacts of incarceration on the partners of those incarcerated (see Roy & Dyson, 2005; Turney, 2015). All of this suggests that family functioning is disrupted during periods of incarceration. Despite this, a large proportion of the literature on family relationships during and after prison focuses on incarcerated mothers (see Ferraro & Moe, 2003; Enos, …

What’S After Good?: The Burden Of Post-Incarceration Life, Quintin Williams, Cesraéa Rumpf

Qualitative Criminology (QC)

"In the current era of mass incarceration, an increasing number of people face the challenge of transitioning from prison to society. Researchers of post-incarceration life have produced a detailed account of the collateral consequences of incarceration, noting the numerous barriers people must overcome as they try to return to society. In this paper, we show how stigma continues to be a structuring force in the lives of the formerly incarcerated. We develop the concept of the burden of post-incarceration life, meaning the structural constraints formerly incarcerated people face and the constant work they undertake to demonstrate and attempt to …

Letter From The Outgoing Editor, Lynne Vieraitis

Qualitative Criminology (QC)

"Welcome to the first issue of Volume 9 of the Journal of Qualitative Criminal Justice & Criminology, and my last issue as editor. I am happy to hand over the position to Scott Jacques from Georgia State University, who has a solid record as a qualitative researcher. The journal is in excellent hands, and I wish Scott and his editorial team the best as they continue to advance the journal and qualitative research."

Explaining The Body-Worn Camera Perspective Bias, Rémi Boivin, Camille Faubert, Annie Gendron, Bruno Poulin

Qualitative Criminology (QC)

"Body-worn cameras (BWCs) can be used to provide video evidence that is expected to help settle cases quickly. The present study explores the assumption that everyone who watches a recorded intervention will have the same understanding of the images. Focus groups were conducted with different people: citizens from the general population, in-training police candidates and cadets, as well as experienced police officers. The aim was to provide insights into how a potential BWC perspective bias affects attitudes towards use of force incidents. Results suggest that the bias has more effect on those without actual experience of police work. In particular, …

“A Victim Is A Victim:” Lgbt Blindness Among Victim Assistance Workers, Michael C. Lasala, James P. Fedor

Qualitative Criminology (QC)

"LGBT crime victims underutilize victim assistance services because they fear secondary victimization by homophobic and insensitive workers and organizations. However, assessment of the perceptions and competence of those working with these populations is largely absent from the literature. To address this gap, we qualitatively investigated 83 victim assistance workers and administrators regarding their practices with LGBT victims. Overall, respondents believed that a victim’s sexual orientation or gender identity was irrelevant, which was well-meaning but potentially perpetuated a type of LGBT cultural blindness to the needs of these populations, not dissimilar to color blindness among some white service providers toward African …

“Driver’S License, Military Id, And Proof Of Registration And Insurance, Please”: Officer Discretion Surrounding Traffic Stops On An Air Force Installation, Steven L. Holman, Don Hummer

Qualitative Criminology (QC)

"Officer discretion is an oft-debated topic in American culture today. A plethora of research has been conducted on how local, county, and state law enforcement officers use their discretionary authority specific to enforcement of moving violations and the initiation of traffic stops, however to date, no such work has been conducted on a policing entity within the United States military. Through observational ride alongs and unstructured discussion with participants, this study breaks that barrier and assesses how one particular Air Force installation’s law enforcement officers exercise their authority."

“Sometimes I’M Just Wearing The Prosecutor Down”: An Exploratory Analysis Of Criminal Defense Attorneys In Plea Negotiations And Client Counseling, Jacqueline G. Lee, John W. Ropp

Qualitative Criminology (QC)

"As plea bargains have proliferated in the criminal justice system, scholars have been working to better understand their mechanics. There have been a few recent examinations of plea bargaining, but the literature lacks qualitative research that gives the defense sufficient attention. Using a sample of courtroom practitioners in one large, urban county, we examine defense attorney bargaining and client counseling tactics. Results demonstrate that defense attorneys use a variety of strategies for negotiation, including sharing humanizing information about their clients with the prosecutor and utilizing delay tactics. Results also suggest that attorneys counsel their clients about plea offers in varying …

Understanding The Motivations Of Citizens To Join A Community Posse Initiative: A Qualitative Analysis, Michael Mcskimming

Qualitative Criminology (QC)

"This qualitative study examines a community posse initiative initiated by the Clearfield County Sheriff’s Office in Pennsylvania in 2015. In this research, we aimed to understand the motivations of volunteers who joined the posse initiative and identify the factors that affect citizens’ decisions to contribute to a volunteer policing effort. To do this, we collected data through semi-structured interviews with posse members and also obtained official data from the Sheriff’s Office. The major findings suggest that participants were motivated to join the posse out of feelings of duty/attachment to the community, a desire to help law enforcement, and a heightened …