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Full-Text Articles in Legal Studies

Shadow Dwellers: The Underregulated World Of State And Local Dna Databases, Stephen Mercer, Jessica D. Gabel Jan 2014

Shadow Dwellers: The Underregulated World Of State And Local Dna Databases, Stephen Mercer, Jessica D. Gabel

Faculty Publications By Year

No abstract provided.


Abolishing Jailhouse Snitch Testimony, Russell D. Covey Jan 2014

Abolishing Jailhouse Snitch Testimony, Russell D. Covey

Faculty Publications By Year

Jailhouse snitch testimony is inherently unreliable. Snitches have powerful incentives to invent incriminating lies about other inmates in often well-founded hopes that such testimony will provide them with material benefits, including in many cases substantial reduction of criminal charges against them or of the time they are required to serve. At the same time, false snitch testimony is difficult, if not altogether impossible, for criminal defendants to impeach. Because such testimony usually pits the word of two individuals against one another, both of whose credibility is suspect, jurors have little ability to accurately or effectively assess or weigh the evidence. …


Kidnapping Incorporated: The Unregulated Youth-Transportation Industry And The Potential For Abuse, Ira Robbins Jan 2014

Kidnapping Incorporated: The Unregulated Youth-Transportation Industry And The Potential For Abuse, Ira Robbins

Scholarly Articles in Law Reviews & Journals

Strangers come into a child's room in the middle of the night, drag her kicking and screaming into a van, apply handcuffs, and drive her to a behavior modification facility at a distant location. What sounds like a clear-cut case of kidnapping is complicated by the fact that the child's parents not only authorized this intervention, but also paid for it. This scarcely publicized practice-known as the youth-transportation industry-operates on the fringes of existing law. The law generally presumes that parents have almost unlimited authority over their children, but the youth-transportation industry has never been closely examined regarding exactly what …


“White Collar” Crimes, Samuel W. Buell Jan 2014

“White Collar” Crimes, Samuel W. Buell

Faculty Scholarship

In addition to serving as a précis of the subject of ‘white collar’ crime, this chapter does three things. First, it deals with white collar crime’s longstanding definitional problem, rejecting several standard approaches and arguing that the category is most usefully understood according to the conceptual legal problem these offenses generate. White collar crimes, much more than other offenses, are committed in social settings in which undesirable behaviors are embedded within socially welcome conduct. Thus they are difficult to set apart and extract through clearly specified ex ante rules of law. Second, the chapter illustrates this definitional claim, and discusses …


Threat Communication As It Relates To Perception Of Victimization: A Study Of Awareness Of Concealed Weapon Permit Issuance, Cody Jordan Jan 2014

Threat Communication As It Relates To Perception Of Victimization: A Study Of Awareness Of Concealed Weapon Permit Issuance, Cody Jordan

Electronic Theses and Dissertations

Concealed weapon permit issuance is one of the most contentious topics debated in modern politics today. The primary point of disagreement within this debate hinges on whether these permits serve to increase violence by those who possess them, or whether they decrease crime through the deterrent effect of their presence in society. Using responses of residents of a large southeast correctional facility this study analyzed the reported inclination of criminals to commit direct contact crimes under several specific scenarios, based on their exposure to various levels of information relating to issuance of concealed weapon permits. By comparing the responses across …


Offender Reentry: A Mixed Model Study Of Interorganizational Commitment To Partnership, Gail Humiston Jan 2014

Offender Reentry: A Mixed Model Study Of Interorganizational Commitment To Partnership, Gail Humiston

Electronic Theses and Dissertations

This study explores the associations between the independent variables of organizational motivations and culture with the dependent variable of organizational commitment to local jail reentry partnerships. A cross-sectional, mixed methods design was used based primarily on a quantitative survey mailed to organizational informants involved in jail reentry activities within three central Florida counties. Qualitative data was also collected by observing conveniently sampled reentry meetings and analyzing the content of social artifacts, such as meeting handouts, minutes, e-mails, and other related documents. This study extends the literature by using the theoretical framework of Oliver (1990) to develop measures of organizations' motivations …


Trends In Adult Justice, Jared M. Ellison, Ryan E. Spohn Jan 2014

Trends In Adult Justice, Jared M. Ellison, Ryan E. Spohn

Reports

The Nebraska Center for Justice Research was established in 2014 with a mission to develop and sustain research capacity internal to the State of Nebraska. Our hope is to assist the Legislature in research, evaluation, and policymaking to reduce recidivism, promote the use of evidence-based practices, and improve public safety. The primary purpose of this report is to provide an overview of recent trends in Nebraska’s adult criminal justice system.

Most of the data in this report is presented statewide as well as separated into Nebraska’s twelve judicial districts. Nebraska’s two most metropolitan counties are represented by District 4 (Douglas …


Transformation Project Annual Report, Uno Nebraska Center For Justice Research Jan 2014

Transformation Project Annual Report, Uno Nebraska Center For Justice Research

Reports

For years debate has rumbled in this country over prison overcrowding. More recently, there has been an additional spotlight on issues that are exacerbated when prisons are over capacity, such as prison rape and the use of restrictive housing (housing inmates in isolated conditions). In the case of prison rape, federal standards have been placed on institutions through the passage of the Prison Rape Elimination Act (PREA). General consensus among corrections professionals is that a lack of internal action diminished their voice during the creation of the PREA standards. There is consequently a large motivation for correctional institutions to work …


Trends In Adult Justice 2014, Jared Ellison, Ryan E. Spohn, Nebraska Center For Justice Research, University Of Nebraska At Omaha Jan 2014

Trends In Adult Justice 2014, Jared Ellison, Ryan E. Spohn, Nebraska Center For Justice Research, University Of Nebraska At Omaha

Reports

The Nebraska Center for Justice Research was established in 2014 with a mission to develop and sustain research capacity internal to the State of Nebraska. Our hope is to assist the Legislature in research, evaluation, and policymaking to reduce recidivism, promote the use of evidence-based practices, and improve public safety. The primary purpose of this report is to provide an overview of recent trends in Nebraska’s adult criminal justice system. Most of the data in this report is presented statewide as well as separated into Nebraska’s twelve judicial districts. Nebraska’s two most metropolitan counties are represented by District 4 (Douglas …


The Transformation Project: 2014 Annual Report, Nebraska Center For Justice Research, University Of Nebraska At Omaha, H. Daniel Butler, Starr Solomon, Ryan E. Spohn, Daniel Patrick O'Dell, Laura Schoenrock Jan 2014

The Transformation Project: 2014 Annual Report, Nebraska Center For Justice Research, University Of Nebraska At Omaha, H. Daniel Butler, Starr Solomon, Ryan E. Spohn, Daniel Patrick O'Dell, Laura Schoenrock

Reports

For years debate has rumbled in this country over prison overcrowding. More recently, there has been an additional spotlight on issues that are exacerbated when prisons are over capacity, such as prison rape and the use of restrictive housing (housing inmates in isolated conditions). In the case of prison rape, federal standards have been placed on institutions through the passage of the Prison Rape Elimination Act (PREA). General consensus among corrections professionals is that a lack of internal action diminished their voice during the creation of the PREA standards. There is consequently a large motivation for correctional institutions to work …


Commercial Sexual Exploitation Of Teens, Tamieka Meadows, Alexis Kennedy Jan 2014

Commercial Sexual Exploitation Of Teens, Tamieka Meadows, Alexis Kennedy

McNair Poster Presentations

This research explores whether commercially sexually exploited children (CSEC) abuse drugs or face greater histories of abuse than their delinquent peers. This research will evaluate whether girls who are CSEC victims experience more abuse of drugs or experience more physical, emotional, or sexual abuse. The study also explores whether CSEC victims witnessed more abuse than non-CSEC victims. A survey of needs and issues facing delinquent girls was given to 130 girls between the ages of 13 to 18. Questions asked about their drug use, abuse history, and whether they witnessed abuse. This research found that many girls who are CSEC …


When Speech Isn't Free: Legal Barriers And Consequences Of Reporting Sexual Violence, Kevin M. Fleming Jan 2014

When Speech Isn't Free: Legal Barriers And Consequences Of Reporting Sexual Violence, Kevin M. Fleming

Departmental Honors Projects

Incidents of sexual violence continue to be a serious problem for society. Likewise, acts of sexual violence impose severe consequences for survivors. The consequences initially begin at the onset of the survivor’s journey to psychological recovery following the traumatic sexual assault. The consequences take on a unique set of characteristics when the survivor attempts to use the justice system to confront the perpetrator who committed the offense. These characteristics can transform an adversarial process into an isolated battle for the survivor. In the worst cases, the justice system empowers individuals who wish to silence survivors with free speech restrictions instead …


The Life Course Perspective Of Delinquency: An Empirical Analysis Of Female Juvenile Offending From The National Youth Survey, Doshie Piper Jan 2014

The Life Course Perspective Of Delinquency: An Empirical Analysis Of Female Juvenile Offending From The National Youth Survey, Doshie Piper

Contemporary Issues in Juvenile Justice

No abstract provided.


Failures Require New Thoughts On Crime, Aldemaro Romero Jr. Jan 2014

Failures Require New Thoughts On Crime, Aldemaro Romero Jr.

Publications and Research

No abstract provided.


The New Scarlet Letter? Negotiating The U.S. Labor Market With A Criminal Record, Steven Raphael Jan 2014

The New Scarlet Letter? Negotiating The U.S. Labor Market With A Criminal Record, Steven Raphael

Upjohn Press

This book explores the difficulties facing ex-offenders as they try to enter and remain in the U.S. labor market.


Social Status, Opportunity And Repeat Victimization: The Unequal Distribution Of Safety, Zavin Nazaretian Jan 2014

Social Status, Opportunity And Repeat Victimization: The Unequal Distribution Of Safety, Zavin Nazaretian

Wayne State University Dissertations

This research examines the relationship between victimization, social status and opportunity. More specifically, the effects of social status and opportunity on repeat victimization are examined. How does social status and opportunity simultaneously effect repeat victimization? This report consists of a secondary data analysis of the 2004 and 2009 Canadian Victimization Survey with a combined sample size of 43,200 people who were interviewed by telephone. Opportunity either partially or completely mediated the effects of social status on repeat victimization; however for certain subsamples neither opportunity nor social status explained repeat victimization. Additionally, the groups whose victimization was not explained by opportunity …


Robust Regression Methods For Massively Decayed Intelligence Data, Akiva Joachim Lorenz Jan 2014

Robust Regression Methods For Massively Decayed Intelligence Data, Akiva Joachim Lorenz

Wayne State University Dissertations

Homeland Security, sponsored by governmental initiatives, has become a vibrant academic research field. However, most efforts were placed with the recognition of threats (e.g. theory) and response options. Less effort was placed in the analysis of the collected data through statistical modeling. In a field that collects more than 20 terabyte of information per minute though diverse overt and covert means and indexes it for future research, understanding how different statistical models behave when it comes to massively decayed data is of vital importance.

Using Monte Carlo methods, three regression techniques (ordinary least squares, least-trimmed, and maximum likelihood) were tested …


Green And Grey: Water Justice, Privatization, And Resistance, William Mcclanahan Jan 2014

Green And Grey: Water Justice, Privatization, And Resistance, William Mcclanahan

Online Theses and Dissertations

Since its initial proposal in the 1990s, `green criminology' has focused on environmental crimes and harms affecting non-human and human life, ecosystems, and the planet as a whole. Describing global trends toward privatization of water supply systems and the criminalization of several water conservation activities and tactics, this paper employs theoretical perspectives offered by green, cultural, and critical criminologies, focusing on overt resistance to water privatization and oppressive regulations governing rainwater storage and residential water recycling. Taking a critical theoretical perspective, this paper examines water access and autonomy, individuals and groups openly resisting the criminalization of household water reuse and …


Social Class And Capital Punishment: A Theoretical And Empirical Analysis, Jennifer L. Tilley Jan 2014

Social Class And Capital Punishment: A Theoretical And Empirical Analysis, Jennifer L. Tilley

Online Theses and Dissertations

While it is generally assumed that virtually all persons executed in the United States are poor, the social class - execution link has not been well documented or theorized in the literature. Far more research has analyzed the relationship of race and gender to execution. Using data on executions carried out in Texas between 2000 and 2012, individuals sentenced to death from the Supreme Court's Gregg decision through 1997 in Tennessee, narrative case studies, and a content analysis of state-defined mitigating circumstances, this study provides both detailed documentation of the social class characteristics of those executed, as well as a …


Exploring The Responsibilities Of Wildlife Law Enforcement Officers: An Examination Of Citations Issued By Kentucky Conservation Officers, Conrad Morgan Lanham Jan 2014

Exploring The Responsibilities Of Wildlife Law Enforcement Officers: An Examination Of Citations Issued By Kentucky Conservation Officers, Conrad Morgan Lanham

Online Theses and Dissertations

Conservation officers are law enforcement agents whose primary responsibility is the enforcement of statutes regarding wildlife. Several bodies of research have noted the expansion of law enforcement capabilities and responsibilities of conservation officers to include the enforcement of general laws that fall outside the conservation officers' original mandate. The purpose of this study is to explore the work roles of contemporary conservation officers in Kentucky. Using data from citations issued by Kentucky conservation officers from 2006 to 2011, this research examines patterns of wildlife violations, boating violations, and general violations across time and space. Comparisons of these types of violations …


Bankster's Paradise: The Importance Of Discourse In Creating A Haven For Criminogenic Banks In The United States, Maria Jacqueline Bordt Jan 2014

Bankster's Paradise: The Importance Of Discourse In Creating A Haven For Criminogenic Banks In The United States, Maria Jacqueline Bordt

Online Theses and Dissertations

This work examines the ways in which language can contribute to a cultural climate in which white-collar crime is no longer considered "deviant," but rather is considered part of a normally functioning political economy. The 2012 money laundering case involving HSBC is examined in conjunction with the rhetoric of popular financial counselor Dave Ramsey. This research seeks to define how language involving the accumulation of capital is equated with virtuousness, thus constructing a myth about the criminality inherent to "legitimate" capital enterprises.


The Heroin Problem: Learning From Past Experiments In Narcotic Maintenance, Ashley Marie Phillips Jan 2014

The Heroin Problem: Learning From Past Experiments In Narcotic Maintenance, Ashley Marie Phillips

Online Theses and Dissertations

The following paper examines the ongoing political, legal and cultural debate regarding heroin maintenance in the U.S. that emerged after the passage of the Harrison Act. Moreover, it focuses on the United States' very brief experimentation with narcotics maintenance clinics from 1914-1924 and why the clinic system was ultimately dismantled by the Treasury Department. This paper also highlights the U.S. public policy debate that emerged as early as the 1950s and continues today to develop heroin maintenance trials.


Book Review: American Jericho: A Book Review Of The Hanging Judge By Michael A. Ponsor, Giovanna Shay Jan 2014

Book Review: American Jericho: A Book Review Of The Hanging Judge By Michael A. Ponsor, Giovanna Shay

Faculty Scholarship

No abstract provided.


A Thin Blue Line And The Great Black Divide: The Inter And Intra Departmental Conflict Among Black Police Officers, Their Agencies, And The Communities In Which They Work Regarding Police Use Of Force Perception By Black Americans In A Southwestern State, Vance Debral Keyes Jan 2014

A Thin Blue Line And The Great Black Divide: The Inter And Intra Departmental Conflict Among Black Police Officers, Their Agencies, And The Communities In Which They Work Regarding Police Use Of Force Perception By Black Americans In A Southwestern State, Vance Debral Keyes

Department of Conflict Resolution Studies Theses and Dissertations

This study explores the relationship between Black police officers, Black citizens, and their external environment using a group of 30 police officers and citizens to establish the connection between police officer race and perceptions by same race citizens within the context of police use of force. I use the term Black to be inclusive of African Americans as well as others of African descent without regard to their ethnicity or national origin. Criminal justice means system application whereas criminology is the study of criminal behavior. In America, there exists a history of volatility between the police and Black communities. While …


A Side Of Justice Rarely Seen: Professional Perspectives Toward Youth Justice And Sentencing Procedures In The Exploratory Context Of Canada And Russia, Serge Lokshin M.A. Jan 2014

A Side Of Justice Rarely Seen: Professional Perspectives Toward Youth Justice And Sentencing Procedures In The Exploratory Context Of Canada And Russia, Serge Lokshin M.A.

Theses and Dissertations (Comprehensive)

This thesis contributes to the growing body of literature on comparative youth justice and policy. By analyzing dilemmas faced by youth in justice systems from the perspective of Canada and Russia, the study argues that professional outlooks have a considerable significance for understanding the legal system and its function, and play an important role in shaping judicial administration concerning juveniles. An investigation into professional perspectives on youth justice is used to formulate an understanding of the issues for young people within the legal systems of the respective regions, the sentencing procedures, and the social and procedural contentions facing youth on …


Role Conflict And Nonsexual Boundary Violations Among Correctional Officers, Ronald M. Ruggiero Jan 2014

Role Conflict And Nonsexual Boundary Violations Among Correctional Officers, Ronald M. Ruggiero

Walden Dissertations and Doctoral Studies

Role Conflict and Nonsexual Boundary Violations Among Correctional Officers

by

Ronald Ruggiero

Dissertation Submitted in Partial Fulfillment

of the Requirements for the Degree of

Doctor of Philosophy

Human Service--Criminal Justice

Walden University

May 2014

Abstract

Despite the growing presence of prisons in American society, little is known about challenges experienced in the job performed by correctional officers (COs); specifically, no research has investigated how their intermediary status between inmates and prison management can result in role conflict. This descriptive case study explored role conflict among 10 retired CO's and the presence of inmates who enter prison with a high public …


Racial Discrimination And The Death Penalty: An Analysis Of The United States' Judicial System, Jessica Recarey, Nerses Kopalyan Jan 2014

Racial Discrimination And The Death Penalty: An Analysis Of The United States' Judicial System, Jessica Recarey, Nerses Kopalyan

McNair Poster Presentations

Racial discrimination plays a role in the administration of the death penalty. This research analyzes the history, and past scholarly research, of the death penalty. The purpose of this research is to understand the correlation between racial discrimination and those sentenced to death. This study includes a literature review regarding the different aspects of the death penalty and race. Following the literature review, an analysis is performed of both previous literature and current death penalty statistics that augments the discussion of the death penalty.


Privatization Of Florida Juvenile Residential Facilities, Katherine Hancock Jan 2014

Privatization Of Florida Juvenile Residential Facilities, Katherine Hancock

Electronic Theses and Dissertations

Privatization of juvenile facilities and services has been the norm since the inception of the juvenile justice system. However, little research has been performed examining the impact of privatization on juvenile justice, despite the possible repercussions of this policy for the juveniles served. Prior research on privatization in other fields has tended to find a connection between privatization and outcomes; however, very little research has examined how privatization impacts operations, how operations impact recidivism, and how privatization and operations interact to produce juvenile justice outcomes. This exploratory study, informed by cybernetic systems theory and principal-agent theory, examined the mechanism by …


The Relationship Of State Political Instability And Economic Failure To Predatory Organized Crime In Multiple Nations: A Global Comparative Anaylsis, Terrance Ruth Jan 2014

The Relationship Of State Political Instability And Economic Failure To Predatory Organized Crime In Multiple Nations: A Global Comparative Anaylsis, Terrance Ruth

Electronic Theses and Dissertations

This dissertation examines the relationship of political instability and economic failure to predatory organized crime in multiple nations. This is an important issue since each year the increase in predatory crime networks contributes to international economic failure, security risks, and the spread of organized crime. In an effort to understand the relationship between state failure and economic failure on the one hand, and organized crime on the other, this study will seek to address three goals. First, the study tests the degree to which variables that imply economic failure and state failure correlate with predatory organized crime. Second, the study …


Investigators' Perceptions Of Inter-Jurisdictional Law Enforcement Information Sharing On Criminal Investigative Success: An Exploratory Analysis, Jennifer Freeman-Walker Jan 2014

Investigators' Perceptions Of Inter-Jurisdictional Law Enforcement Information Sharing On Criminal Investigative Success: An Exploratory Analysis, Jennifer Freeman-Walker

Electronic Theses and Dissertations

Information sharing among law enforcement entities became a national priority after the 9/11 attack (Carter, 2005). Various information systems utilized by law enforcement agencies may be promising; however, there is little extant empirical research to validate the system's effectiveness related to increasing investigative success (Bureau of Justice Assistance, 2010). One information system that has tied together numerous Florida law enforcement agencies is the FINDER system. FINDER, the Florida Integrated Network for Data Exchange and Retrieval system, provides agency investigators a wide range of information not previously available (Reynolds, Griset, and Scott, 2006; Scott, 2006). This study's foundation was primarily based …