Open Access. Powered by Scholars. Published by Universities.®

Legal Studies Commons™

Open Access. Powered by Scholars. Published by Universities.®

Law

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 1411 - 1440 of 9820

Full-Text Articles in Legal Studies

Proxy Punishment: Consequences Of Informal Sanctions Among Families Of Offenders In Japan, Mari Kita Mar 2018

Proxy Punishment: Consequences Of Informal Sanctions Among Families Of Offenders In Japan, Mari Kita

Qualitative Criminology (QC)

This study demystifies the nature of societal reactions to crime in Japan and their consequences on the family members of those who have trouble with the law. Over a 20-month period in metropolitan areas in Japan, participant observation and in-depth interviews were conducted with 50 mothers, fathers, wives, and sisters of those who had broken the law. Major findings include the role that the media and criminal justice authorities play in triggering the informal labeling of offenders’ kin. Families’ strong ties to communities also rendered them particularly vulnerable to the effects of informal sanctions, even more so than offenders themselves. …


A Diversity Course For Criminal Justice Undergraduate Students: A Preliminary Evaluation, Nancy Hirschinger-Blank, Lori Simons, David Fernandez Mar 2018

A Diversity Course For Criminal Justice Undergraduate Students: A Preliminary Evaluation, Nancy Hirschinger-Blank, Lori Simons, David Fernandez

Qualitative Criminology (QC)

Racially-involved police community incidents demonstrate the urgent need for educating future criminal professionals to work in a multicultural environment. We present a qualitative evaluation of a criminal justice diversity course designed to broaden university students' multicultural attitudes, knowledge, and skills. Results indicated that most students reportedly experienced a decrease in biases, described the importance of learning about cultural differences, acknowledged minorities’ negative attitudes toward the criminal justice system, and reported intentions to serve as fair and open-minded criminal justice professionals. Students also showed a significant increase in empathy across the semester.


The Deweyan Approach To Learning Victim Advocacy: Seeing Beyond Stigmas And Facilitating Second Chances, Ashley Peake Wellman, Sherri Dioguardi Mar 2018

The Deweyan Approach To Learning Victim Advocacy: Seeing Beyond Stigmas And Facilitating Second Chances, Ashley Peake Wellman, Sherri Dioguardi

Qualitative Criminology (QC)

Fundamentally, criminal justice practitioners are public safety promoters, yet safety can be compromised if a divide exists between them and the communities they serve. The best way to train future criminal justice practitioners may be found in the progressive education proposed by John Dewey in the early 20th-century. Dewey’s experiential approach, specifically service-learning, has gained traction as an effective teaching tool for broadening perspectives, deepening understanding of diverse populations, and fostering higher order reasoning, all of which are critical characteristics for criminal justice professionals as well as for all American citizens. Undergraduate students participated in service-learning during a semester-long honors …


Back Matter, Adfsl Feb 2018

Back Matter, Adfsl

Annual ADFSL Conference on Digital Forensics, Security and Law

No abstract provided.


Front Matter, Adfsl Feb 2018

Front Matter, Adfsl

Annual ADFSL Conference on Digital Forensics, Security and Law

No abstract provided.


Contents, Adfsl Feb 2018

Contents, Adfsl

Annual ADFSL Conference on Digital Forensics, Security and Law

No abstract provided.


Reforming Cash Bail Bonds, Larry Nackerud, Marissa Dodson, Russell C. Gabriel, Katherine Hubbard Feb 2018

Reforming Cash Bail Bonds, Larry Nackerud, Marissa Dodson, Russell C. Gabriel, Katherine Hubbard

Working in the Public Interest Conferences

Many people charged with misdemeanors await trial while in jail because they cannot afford the bonds set by the magistrate guidelines, often for longer than the sentence if they were found guilty. Panelists discuss the historical context of cash bonds and what is currently being done to fight them.


Review, The New Era Of Secret Law, Patrice Mcdermott Feb 2018

Review, The New Era Of Secret Law, Patrice Mcdermott

Secrecy and Society

In a recent Brennan Center report, The New Era of Secret Law, Elizabeth (Liza) Goitein articulates, examines, and evaluates the claims for and objections to secret law. Under this banner, the report includes any law that is withheld from the public, regardless of whether it may be shared among agencies or with certain members or committees of Congress.” Goitein’s underlying goal is to propose procedural and substantive reforms. Secret Law is a deeply-researched and highly valuable policy brief with an aim of making specific policy recommendations. And readable to boot.


Panel Discussion: Author Meets Critic Feb 2018

Panel Discussion: Author Meets Critic

Northwestern Journal of Law & Social Policy

No abstract provided.


Waiting For Justice, Jeffrey Bellin Feb 2018

Waiting For Justice, Jeffrey Bellin

Popular Media

One man’s seven-year wait for a trial reveals the ways mandatory minimums distort our courts.


Exploring Places Of Street Drug Dealing In A Downtown Area In Brazil: An Analysis Of The Reliability Of Google Street View In International Criminological Research, Elenice De Souza Oliveira, Ko-Hsin Hsu Feb 2018

Exploring Places Of Street Drug Dealing In A Downtown Area In Brazil: An Analysis Of The Reliability Of Google Street View In International Criminological Research, Elenice De Souza Oliveira, Ko-Hsin Hsu

Department of Justice Studies Faculty Scholarship and Creative Works

This study assesses the reliability of Google Street View (GSV) in auditing environmental features that help create hotbeds of drug dealing in Belo Horizonte, one of Brazil’s largest cities. Based on concepts of “crime generators” and “crime enablers,” a set of 40 items were selected using arrest data related to drug activities for the period between 2007 and 2011. These items served to develop a GSV data collection instrument used to observe features of 135 street segments that were identified as drug dealing hot spots in downtown Belo Horizonte. The study employs an intra-class correlation (ICC) statistics as a measure …


The Invisible Scholar: Authors Of Legal Scholarship In Criminology And Criminal Justice Journals, Brenda I. Rowe, Wesley S. Mccann, Craig Hemmens Feb 2018

The Invisible Scholar: Authors Of Legal Scholarship In Criminology And Criminal Justice Journals, Brenda I. Rowe, Wesley S. Mccann, Craig Hemmens

Criminology and Criminal Justice Faculty Publications (Archived)

This study assesses the authorship of legal scholarship within 20 criminology and criminal justice (CCJ) journals from 2005 through 2015, examining trends over time and variation across journals in the prevalence of sole-authorship and the mean number of authors and identifying the most prolific authors of legal scholarship published in CCJ journals. The study thus sheds light on the extent of collaboration among CCJ legal scholars and identifies CCJ legal scholars who have remained largely invisible due to their focus on a marginalized subfield.


Moral Mode Switching: From Punishment To Public Health, Stephen Koppel Feb 2018

Moral Mode Switching: From Punishment To Public Health, Stephen Koppel

Dissertations, Theses, and Capstone Projects

A public health response to drug offenses has potential to improve both public safety and public health. However, the public’s desire for retribution represents a possible hindrance to reform. Relying on dual-process theory of moral decision-making, this dissertation examines agreement among laypeople about the relative blame deserved for various crime types, and probes several possible predictors of support—the need for cognition (“NFC”), intergroup bias, and free-will doubt—for retributive as well as consequentialist responses to crime. Findings from several web-based experiments show: (a) in comparison to core crimes (eg., murder) substantially less agreement about the relative blame deserved for noncore crimes …


Innovative Justice: Federal Reentry Drug Courts – How Should We Measure Success?, Timothy D. Degiusti Jan 2018

Innovative Justice: Federal Reentry Drug Courts – How Should We Measure Success?, Timothy D. Degiusti

Duke Law Master of Judicial Studies Theses

In response to the drug abuse and addiction epidemic in the United States, innovative ways of dealing with non-violent drug offenders within the criminal justice system began to emerge in the late 1980s. Special court dockets – commonly referred to as drug courts – were developed featuring an interdisciplinary team of criminal justice and mental health professionals, led by a presiding judge. Drug courts and other problem-solving courts have proliferated within the state court system, numbering 3,057 by the end of 2014. The use of such courts is expanding among the states, but the federal courts have been slow to …


Biosocial Criminology Versus The Constitution, Karen E. Balter Jan 2018

Biosocial Criminology Versus The Constitution, Karen E. Balter

Regis University Student Publications (comprehensive collection)

The continually emerging field of biosocial criminology provides a basis for productively merging biology with sociological reasonings for criminal behavior. Mainstream research in criminology focuses on environmental factors as the sole reason individuals exhibit antisocial behavior patterns and may ultimately commit crimes. Criminological research has travelled in this direction for decades. The current climate within this community subscribes heavily to the notion that biology has very little to do with why people behave the way they do, and if it did, government control would be the norm. The nature of biocriminology opens a door through which constitutional issues may enter. …


An Examination Of Inattentional Blindness In Law Enforcement, Gregory Lee Jan 2018

An Examination Of Inattentional Blindness In Law Enforcement, Gregory Lee

All Graduate Theses, Dissertations, and Other Capstone Projects

Inattentional blindness, or the inability to visually detect an unexpected stimulus while attending to a task or situation, can have detrimental effects on those who are subject to the phenomenon. This may be particularly true for law enforcement officers, who are often engaged in cognitively demanding tasks that draw their attention away from potentially deadly hazards. This study aimed to look at the effects of inattentional blindness within a group of officers of varying degrees of experience and expertise. The officers were presented with a video-based scenario in which an unexpected stimulus was placed. The control group was asked to …


Prosocial Religion And Games: Lost & Found, Owen Gottlieb, Ian Schreiber Jan 2018

Prosocial Religion And Games: Lost & Found, Owen Gottlieb, Ian Schreiber

Articles

In a time when religious legal systems are discussed without an understanding of history or context, it is more important than ever to help widen the understanding and discourse about the prosocial aspects of religious legal systems throughout history. The Lost & Found (www.lostandfoundthegame.com) game series, targeted for an audience of teens through twentysomethings in formal, learning environments, is designed to teach the prosocial aspects of medieval religious systems—specifically collaboration, cooperation, and the balancing of communal and individual/family needs. Set in Fustat (Old Cairo) in the 12th century, the first two games in the series address laws in Moses Maimonides’ …


Honesty Without Truth: Lies, Accuracy, And The Criminal Justice Process, Lisa Kern Griffin Jan 2018

Honesty Without Truth: Lies, Accuracy, And The Criminal Justice Process, Lisa Kern Griffin

Faculty Scholarship

Focusing on “lying” is a natural response to uncertainty but too narrow of a concern. Honesty and truth are not the same thing and conflating them can actually inhibit accuracy. In several settings across investigations and trials, the criminal justice system elevates compliant statements, misguided beliefs, and confident opinions while excluding more complex evidence. Error often results. Some interrogation techniques, for example, privilege cooperation over information. Those interactions can yield incomplete or false statements, confessions, and even guilty pleas. Because of the impeachment rules that purportedly prevent perjury, the most knowledgeable witnesses may be precluded from taking the stand. The …


Predicting Staff Assault In Juvenile Correctional Facilities, Howard Henderson Jan 2018

Predicting Staff Assault In Juvenile Correctional Facilities, Howard Henderson

Center for Justice Research Reports

This study examines the predictive utility of the community-based Positive Achievement Change Tool–Prescreen (PACT-PS) for staff assault in a sample of 787 state-committed male youth. Bivariate and multivariate analyses indicated the PACT-PS failed to predict staff assault across racial/ethnic groups. Notably, this study also found youth with serious delinquent histories and prior commitments improved the PACT-PS’s ability to predict staff assault. Limitations of this study, suggestions for future research, and practical implications are discussed.


Emancipatory Learning, Open Educational Resources, Open Education, And Digital Critical Participatory Action Research, Jason Leggett, Jay Wen, Anthony Chatman Jan 2018

Emancipatory Learning, Open Educational Resources, Open Education, And Digital Critical Participatory Action Research, Jason Leggett, Jay Wen, Anthony Chatman

Publications and Research

Given that we must prepare students for the future workforce today how can we use the power of Open Educational Resources (OERs) and Digital Social Science research to improve student learning and help students develop technical skills needed for the high-tech workforce? In this article, we use transformative learning theory (Mezirow, 1978) and Digital + Critical Participatory Action Research (D+CPAR) to analyze the effectiveness of integrating OERs into a course and reflect on how we used OERs to support student learning and make civic engagement more equitable at an urban community college. In a criminal justice course analyzing the legal …


Legal Deserts: A Multi-State Perspective On Rural Access To Justice, Lisa R. Pruitt, Amanda L. Kool, Lauren Sudeall, Michele Statz, Danielle M. Conway, Hannah Haksgaard Jan 2018

Legal Deserts: A Multi-State Perspective On Rural Access To Justice, Lisa R. Pruitt, Amanda L. Kool, Lauren Sudeall, Michele Statz, Danielle M. Conway, Hannah Haksgaard

Faculty Publications By Year

Rural America faces an increasingly dire access-to-justice crisis, which serves to exacerbate the already disproportionate share of social problems afflicting rural areas. One critical aspect of the crisis is the dearth of information and research regarding the extent of the problem and its impacts. This Article begins to fill that gap by providing surveys of rural access to justice in six geographically, demographically, and economically varied states: California, Georgia, Maine, Minnesota, South Dakota, and Wisconsin. In addition to providing insights about the distinct rural challenges confronting each of these states, the legal resources available, and existing policy responses, the Article …


The Origins And Development Of Judicial Tenure 'During Good Behavior' To 1485, Ryan Rowberry Jan 2018

The Origins And Development Of Judicial Tenure 'During Good Behavior' To 1485, Ryan Rowberry

Faculty Publications By Year

No abstract provided.


Implementing A Public Health Perspective In Fda Drug Regulation, Patricia J. Zettler, Margaret Foster Riley, Aaron S. Kesselheim Jan 2018

Implementing A Public Health Perspective In Fda Drug Regulation, Patricia J. Zettler, Margaret Foster Riley, Aaron S. Kesselheim

Faculty Publications By Year

There is, without question, a public health crisis in the United States arising from both illicit and prescription opioid misuse, addiction, and overdose. The Food and Drug Administration (FDA) is one regulator with an important role to play in minimizing the harms associated with prescription opioids, while also ensuring that prescription opioids are available for the evidence-based management of pain. One question, however, is to what extent the agency can consider in its decisions to approve opioids and keep existing ones on the market the provider and patient behaviors contributing to the epidemic. This is, in part, because FDA’s approval …


The Downstream Effects Of Bail And Pretrial Detention On Racial Disparities In Incarceration, Ellen A. Donnelly, John M. Macdonald Jan 2018

The Downstream Effects Of Bail And Pretrial Detention On Racial Disparities In Incarceration, Ellen A. Donnelly, John M. Macdonald

Journal of Criminal Law and Criminology

Bail and pretrial detention decisions may have important consequences for racial disparities in incarceration rates. Poor minority defendants who are unable to post bail and get released from jail before trial may be more likely to plead guilty and accept longer sentences of incarceration. Racial disparities in incarceration sentences may then reflect a combination of differences in the seriousness of a defendant’s case, criminal history, and economic resources to pay bail. This study examines the extent to which bail decision-making and pretrial detention explain Black-White disparities in criminal adjudications and sentences in the Delaware courts from 2012 to 2014. Over …


Now You See Me: Problems And Strategies For Introducing Gender Self-Determination Into The Eighth Amendment For Gender Nonconforming Prisoners, Lizzie Bright Jan 2018

Now You See Me: Problems And Strategies For Introducing Gender Self-Determination Into The Eighth Amendment For Gender Nonconforming Prisoners, Lizzie Bright

Journal of Criminal Law and Criminology

As the fight for transgender rights becomes more visible in the United States, the plight of incarcerated transgender individuals seeking medical care behind bars is likewise gaining attention—and some trans prisoners are gaining access to gender-affirming care. However, progress for incarcerated members of the trans community has been slow, piecemeal, and not without problems. As federal court opinions in Eighth Amendment access-to-care cases brought by trans prisoners show, how a court interprets the subjective intent requirements of the Eighth Amendment and how the imprisoned plaintiff pleads his/her/their case can make or break the claim. Further, courts and plaintiffs rely on …


Relationship Between Victims Of Urban Violence And Post-Traumatic Stress Disorder, Jashon Anthony Banks Sr. Jan 2018

Relationship Between Victims Of Urban Violence And Post-Traumatic Stress Disorder, Jashon Anthony Banks Sr.

Walden Dissertations and Doctoral Studies

Urban violence has become common in lower-income communities that have high rates of shootings and African-American victims. Urban violence causes victims and their family and friends to experience trauma and puts them at risk for post-traumatic stress disorder (PTSD) injuries. However, there is a gap in knowledge in the framework of urban communities and their range of needs to address PTSD. The purpose of this quantitative study was to examine whether a relationship exists between reinforcement of needs, membership, influence, shared emotional connection, and post-traumatic stress symptomology (PTSS) of urban violence victims in a large metropolitan city. Albert Bandura's self-efficacy …


Agency And Insanity, Stephen P. Garvey Jan 2018

Agency And Insanity, Stephen P. Garvey

Buffalo Law Review

This Article offers an unorthodox theory of insanity. According to the traditional theory, insanity is a cognitive or volitional incapacity arising from a mental disease or defect. As an alternative to the traditional theory, some commentators have proposed that insanity is an especially debilitating form of irrationality. Each of these theories faces fair-minded objections. In contrast to these theories, this Article proposes that a person is insane if and because he lacks a sense of agency. The theory of insanity it defends might therefore be called the lost-agency theory.According to the lost-agency theory, a person lacks a sense of agency …


Aspirations Of Objectivity: Systemic Illusions Of Justice In The Biased Courtroom, Meagan B. Roderique Jan 2018

Aspirations Of Objectivity: Systemic Illusions Of Justice In The Biased Courtroom, Meagan B. Roderique

Scripps Senior Theses

Given the ever-growing body of evidence surrounding implicit bias in and beyond the institution of the law, there is an equally growing need for the law to respond to the accurate science of prejudice in its aspiration to objective practice and just decision-making. Examined herein are the existing legal conceptualizations of implicit bias as utilized in the courtroom; implicit bias as peripheral to law and implicit bias as effectual in law, but not without active resolution. These views and the interventional methods, materials, and procedures they inspire are widely employed to appreciably “un-bias” legal actors and civic participants; however, without …


The Lived Experiences Of African-American Male Exoffenders In The Northeast United States, Jacqueline Grant Jan 2018

The Lived Experiences Of African-American Male Exoffenders In The Northeast United States, Jacqueline Grant

Walden Dissertations and Doctoral Studies

Discrimination, racism, and class bias affects the accessibility of resources available to African American males who are exoffenders. The purpose of this phenomenological study was to explore the lived experiences of African American, male exoffenders' ability to access resources postincarceration. Guided by Bell and Freeman's critical race theory, a purposeful sample of 6 African American, male exoffenders were recruited from 2 reentry programs in the Northeast United States. A semistructured interview approach was employed to examine the life history, details of experience, and reflection on the meaning of the lived experience from the participants. The modified Stevick, Colaizzi, and Keen …


The Perception Of Community Oriented Policing From A Law Enforcement Organization's Perspective, James Wyatt Roberts Jan 2018

The Perception Of Community Oriented Policing From A Law Enforcement Organization's Perspective, James Wyatt Roberts

Doctor of Education (Ed.D)

Community-oriented policing surfaced in the 1980s as a new philosophy in policing. Despite the widespread community support for community policing, the perceptions of this philosophy from a law enforcement organization’s perspective remain unclear. This quantitative, non-experimental research study utilized a survey method to address seven research questions. One large law enforcement organization (sworn and civilian members) in Central Florida was invited to complete a survey to assist in better understanding the role of community-oriented policing and its impact on bridging the gap between law enforcement and the community. This study seeks to better understand a law enforcement organization’s perception of …