Legal Studies Commons^™

Ab 109 And Its Impact On Prison Overcrowding And Recidivism: A Policy Analysis, Angie Wootton

Themis: Research Journal of Justice Studies and Forensic Science

California experienced escalating issues with prison overcrowding from the late 1970s to 2010, as the prison population skyrocketed to unprecedented highs. This article will discuss the problem of prison overcrowding, and one recent policy intervention implemented to decrease overcrowding and offender recidivism rates, the Public Safety Realignment Act (AB 109). After providing background on the Public Safety Realignment Act, this article will analyze the effectiveness of the policy and make recommendations.

Parental Substance Use And The Need For Family Dependency Treatment Court In Taylor County, Rebekah Rich

Electronic Theses and Dissertations

The impact of parental substance use and the need for Family Dependency Treatment Court in Taylor County are qualitatively explored and described, analyzing interviews of identified key informants. The areas explored are the current practices and process in Taylor County when a substance use issue is identified in a parent during a child welfare case, the impact of parental substance use on the child welfare system, knowledge and opinions regarding treatment options, and knowledge and opinions of Family Dependency Treatment Court. The sample size was 8 professionals who worked as attorney ad litems, Department of Family and Protective Services workers, …

Breaking The Legacy: Recognizing And Prosecuting Sexual Violence As A Violation Of Human Rights In The Democratic Republic Of The Congo, Miranda L. Weinstein

Sustainability and Social Justice

This paper aims to outline the existing policies aimed at providing protection for sexual abuse survivors in the Democratic Republic of the Congo. In an attempt to provide justice for the survivors of sexual abuse, an analysis of the 1992-1995 Bosnia and Herzegovina post-conflict reconstruction is included. In particular, prosecution of sexual violence and rape as a weapon of war will be provided in order to weigh the benefits and weaknesses of international criminal law. The conflict in eastern Democratic Republic of the Congo witnesses widespread and systematic sexual violence abuses. With over 60 armed groups at any given day, …

Rape And Sexual Violence: Questionable Inevitability And Moral Responsibility In Armed Conflict, Katherine W. Bogen

Scholarly Undergraduate Research Journal at Clark (SURJ)

Wartime sexual violence is a critical human rights issue that usurps the autonomy of its victims as well as their physical and psychological safety. It occurs in both ethnic and non-ethnic wars, across geographic regions, against both men and women, and regardless of the “official” position of commanders, states, and armed groups on the use of rape as tactic of war. This problem is current, pervasive, and global in spite of the status of wartime sexual violence perpetration as a crime against humanity and the capacity of the international criminal court to indict offenders. Though some scholars have argued that …

Early Warning/Intervention Systems (Presentation Slides From Nacole Symposium 2016 Held At John Jay College), Jennifer Helsby, Samuel Carton, Kenneth Joseph, Ayesha Mahmud, Youngsoo Park, Joe Walsh, Lauren Haynes

Publications and Research

Adverse interactions between police and the public harm police legitimacy and produce high costs due to harms to both officers and the public as well as litigation. Early intervention systems (EIS) that flag officers considered most likely to be involved in one of these adverse situations are an important tool for police supervision and for targeting of interventions such as counseling or training. However, the EIS that exist are often not data-driven and are based on supervior intuition. We have developed a prototype data-driven EIS that uses a diverse set of data sources from the Charlotte-Mecklenburg Police Department and machine …

The Progression And Evolution Of International Law Scholarship Over The Past 50 Years: Some Quantitative Observations, Donald J. Kochan

Buffalo Human Rights Law Review

No abstract provided.

Nebraska Transcript (University Of Nebraska College Of Law), Volume 49, Number 1, Spring 2016

Nebraska Transcript

2 Dean’s Message -- Richard Moberly

Faculty Updates

4 Works, Kirst & Lyons retirement

6 Faculty Notes

Around the College

17 Moberly appointed interim dean

18 Berger, assoicate dean

18 Sullivan joins Law College

19 Beard & Hurwitz named Trailblazers

Feature

20 Poser closes UNL chapter

Around the College

23 3L gains policy work experience

24 ILSA hosts USPTO’s Morris

25 West African leaders share insight

26 McCoy joins admissions office

27 BYC Boost program

28 Collingsworth, Dean’s roundtable

29 Yale’s Langbein delivers lecture

30 Heiliger, Sheldon at UNK

31 Vinton competes on Jeopardy

32 LL.M., Carns earns promotion

32 …

Examining The Comparative Use, Experience And Outcomes Of Community Service Orders As Alternatives To Short Prison Sentences In Ireland., Kate O'Hara

Doctoral

Background: In Ireland, under the Criminal Justice (Community Service) 1983 Act, a community service order (CSO) must only be imposed if a custodial sentence has first been considered. In 2011, an amendment to the 1983 Act was made, requiring courts to consider imposing CSOs as alternatives to prison sentences of less than one year. This amendment sought to address the underutilisation of community service, decrease the number of short-term committals, and benefit offenders and communities. Methodology: Administrative data from the Irish Prison and Probation Services pertaining to all cases sentenced to a short-term of imprisonment or CSO between 2011 and …

The Cyber-Industrial Complex, Connor O’Malley

Political Science Theses and Capstones

When Edward Snowden released a massive trove of classified files from the National Security Agency, the world became aware of numerous global surveillance systems. As Snowden hoped, a global dialogue began concerning surveillance, privacy, and government transparency. While there was a lively discourse surrounding the leak and Snowden, another story was missed. Snowden was not an employee of the NSA; rather he was an employee of Booz Allen Hamilton, a private contractor maintaining computer systems for the NSA. The deeper story here is the emerging relationship between government agencies and technology companies. This paper discusses the theory of iron triangles …

A Model Of Segmenting A High-Cost Crime Prevention Through Environmental Design Initiative, Paul Adams

All Capstone Projects

This project aimed to create a working model worthy to include within Schneider, Walker, and Sprague's description of a five-stage process of parceling out high-cost Crime Prevention Through Environmental Design (CPTED) initiatives. In 2002, the Department of Education and Department of Justice sponsored Schneider as the lead author for introducing and promoting CPTED initiatives for the first time in schools. This project's funding mechanism was created to help assist with the procurement of a highly priced CPTED initiative (key-less card system) for Suburban College.

Suburban College had faced a reoccurring pattern of theft from its classrooms and common areas. The …

Mass Incarceration: An Annotated Bibliography, Nicole Dyszlewski, Lucinda Harrison-Cox, Raquel Ortiz

Law Faculty Scholarship

No abstract provided.

Identifying Criminals’ Risk Preferences, Murat C. Mungan, Jonathan Klick

Indiana Law Journal

There is a 250-year-old presumption in the criminology and law enforcement literature that people are deterred more by increases in the certainty rather than increases in the severity of legal sanctions. We call this presumption the Certainty Aversion Presumption (CAP). Simple criminal decision-making models suggest that criminals must be risk seeking if they behave consistently with CAP. This implication leads to disturbing interpretations, such as criminals being categorically different from law-abiding people, who often display risk-averse behavior while making financial decisions. Moreover, policy discussions that incorrectly rely on criminals’ risk attitudes implied by CAP are ill informed, and may therefore …

Deconstructing The Wall: The Analysis And Implications Of The 2004 International Court Of Justice Advisory Opinion On The Use Of Border Walls, Noah T. Black

MAD-RUSH Undergraduate Research Conference

This research project looks at the various jurisprudences surrounding the 2004 ICJ Advisory Opinion on the Israeli Barrier and analyzes the arguments both in support and in opposition to the Court’s decision. It then looks at the conditions for the illegality of the Israeli Barrier that were established by the Court, analyzes them, and synthesizes a list of characteristics that can be applied to other barriers in order to determine their legality. This checklist, if you will, is then applied to other border walls in order to make a tentative conclusion about their legality and if a suit could be …

Utilizing Prosecutorial Discretion To Reduce The Number Of Juveniles With Disabilities In The Juvenile Justice System, Mary Willis

Brigham Young University Education and Law Journal

No abstract provided.

Establishing Construct Validity And Reliability: Pilot Testing Of A Qualitative Interview For Research In Takaful (Islamic Insurance), Maryam Dikko

The Qualitative Report

This paper describes the process of the conduct of preliminary tests to determine the construct and content validity of the chosen data collection method for a study into the relationship between Islamic principles and objectives, Islamic financial law and takaful (slamic Insurance) operations and practices in Nigeria. Semi-structured interviews were tested on a select group of respondents mirroring the intended subjects in the field. The pilot test showed the construct to be both valid and reliable while giving the opportunity to insert refinements to the research tool.

The Cost Of War: Weighing Civilian Losses In The Afghan War, Jibey Asthappan

Criminal Justice Faculty Publications

Spending almost US $700 billion to combat insurgents in Afghanistan, the U.S. population should be hopeful that they “bought” something of value as the Afghan War concludes. This exploratory study focuses on evaluating operations within Afghanistan by accounting for enemy and civilian losses. Integration of civilian losses offers an opportunity to evaluate operations that represent societal losses to the Afghan people. Regression estimates using zero-inflated negative-binomial models indicate that military operations resulted in more civilian casualties than enemy losses.

The Pracademic And Academic In Criminal Justice Education: A Qualitative Analysis, James E. Mccabe, Stephen A. Morreale, John R. Tahiliani

Criminal Justice Faculty Publications

Over the past several years, a few hundred colleagues involved in criminal justice education have participated in panel discussions and roundtables to discuss the trials and issues that have been observed by practitioners turned academics, or “pracademics.” Some complained of having difficulty breaking into academia. A debate has occurred in a number of colleges and universities over the benefit of having faculty with traditional academic credentials versus hiring non-traditional scholars with a blend of educational and practical experience. Similarly, there have been lively discussions over the appropriateness of a J.D. or professional doctorate as opposed to a Ph.D. in criminal …

The Peril Of Paroline: How The Supreme Court Made It More Difficult For Victims Of Child Pornography, Janet Lawrence

BYU Law Review

No abstract provided.

Charging The Poor: Criminal Justice Debt & Modern-Day Debtors' Prisons, Neil L. Sobol

Faculty Scholarship

Debtors’ prisons should no longer exist. While imprisonment for debt was common in colonial times in the United States, subsequent constitutional provisions, legislation, and court rulings all called for the abolition of incarcerating individuals to collect debt. Despite these prohibitions, individuals who are unable to pay debts are now regularly incarcerated, and the vast majority of them are indigent. In 2015, at least ten lawsuits were filed against municipalities for incarcerating individuals in modern-day debtors’ prisons. Criminal justice debt is the primary source for this imprisonment.

Criminal justice debt includes fines, restitution charges, court costs, and fees. Monetary charges exist …

Through The Gateway: Marijuana Production, Governance, And The Drug War Détente, Michael Polson

Dissertations, Theses, and Capstone Projects

Since the 1996 voter approval of medical marijuana laws in California, marijuana policy has become increasingly liberalized. Producers, however, have remained in the greyest of grey market zones. Federal anti-drug laws and supply-side tactics have intensively targeted them even as marijuana has become more licit. In this legally unstable environment, marijuana patient-cultivators and underground producers have articulated and asserted themselves politically and economically, particularly as the likelihood of full legalization has increased. This dissertation explores how producers navigated the nebulous zone between underground and medical markets. I argue that even as producers supplied marijuana to a formalizing, regulated medical industry …

Copyrightx: Harvard University Law School, Sue Ann Gardner

University of Nebraska-Lincoln Libraries: Presentations

Slides of a talk about the 2014 iteration of the CopyrightX course administered by Professor William Fisher of Harvard University Law School.

Norway's Prison System: Investigating Recidivism And Reintegration, Meagan Denny

Bridges: A Journal of Student Research

Recidivism rates are high in most Western countries and, as prisons in these countries become overcrowded, the resources meant to enhance reintegration of inmates into society can be inadequate or nonexistent. On the other hand, Norway has one of the lowest recidivism rates among Western nations, at approximately 20 percent. Norway also has, along with other Scandinavian countries, a unique approach to its prison system. This paper discusses the exceptionalism associated with Norway's prison system and explores the reasons behind its low recidivism rates, with a focus on the encouragement of reintegration of inmates into society. With the educational opportunities …

Ua12/8 Annual Campus Safety & Security Report, Wku Police

WKU Administration Documents

A statement of current campus policies regarding procedures for students and others to report criminal actions or other emergencies occurring on campus and policies concerning the institution's response to such reports.

Aftermath Of The Hobby Lobby Decision: Implications For Women In The Workforce, Hirsh Shah

AUCTUS: The Journal of Undergraduate Research and Creative Scholarship

Hobby Lobby is a chain of 640 arts and crafts stores owned by the Green family, based in Oklahoma City. This company is required to follow the Affordable Care Act (ACA), which mandates that larger employers—those with more than 50 employees—have to include coverage for the full range of preventative care, including contraceptives, in their female employees’ health insurance plans. However, the Green family holds deeply religious views and did not want to include four of the twenty contraceptives covered by the ACA, including long acting reversible contraception and emergency contraception, in their female employee coverage. The family believed that …

A Qualitative Case Study Of Police Officers' Perception Of Sexual Offender Registration, Tracy Lee Veri

Walden Dissertations and Doctoral Studies

Although many research studies about sexual offender registration exist, there is no qualitative study on the perspective of police officers whose job duties include the implementation of Sex Offender Registration and Notification (SORN) laws. The purpose of this case study was to explore specific police officers' perceptions of sex offender registration. Six police officers were hand selected for face-to-face interviews based on their unique job duties that included responsibilities and training related to the implementation of the sexual offender registration and community notification protocols. Festinger's cognitive dissonance theory provided the theoretical framework for this research study. According to study findings, …

Are Hispanics Discriminated Against In The Us Criminal Justice System?, Maria A. Eijo De Tezanos Pinto

Graduate Research Posters

Recent publications have contributed to increase the perception among Hispanics of an unfair and unequal treatment of this community by the US Criminal Justice System. One of the major concerns was the claim that Hispanics are incarcerated before conviction nearly twice as often as Whites. Unfair treatment perception by the population reduces legitimacy of police and government, and thus, it is imperative to analyze these uninvestigated allegations. Therefore, the purpose of this study is to address said allegations of discrimination against Hispanics and analyze with updated and reliable statistics whether Hispanics are incarcerated before conviction more often than Whites. There …

Exploring Deviant Hacker Networks (Dhm) On Social Media Platforms, Samer Al-Khateeb, Kevin J. Conlan, Nitin Agarwal, Ibrahim Baggili, Frank Breitinger

Journal of Digital Forensics, Security and Law

Online Social Networks (OSNs) have grown exponentially over the past decade. The initial use of social media for benign purposes (e.g., to socialize with friends, browse pictures and photographs, and communicate with family members overseas) has now transitioned to include malicious activities (e.g., cybercrime, cyberterrorism, and cyberwarfare). These nefarious uses of OSNs poses a significant threat to society, and thus requires research attention. In this exploratory work, we study activities of one deviant groups: hacker groups on social media, which we term Deviant Hacker Networks (DHN). We investigated the connection between different DHNs on Twitter: how they are connected, identified …

Log Analysis Using Temporal Logic And Reconstruction Approach: Web Server Case, Murat Gunestas, Zeki Bilgin

Journal of Digital Forensics, Security and Law

We present a post-mortem log analysis method based on Temporal Logic (TL), Event Processing Language (EPL), and reconstruction approach. After showing that the proposed method could be adapted to any misuse event or attack, we specifically investigate the case of web server misuses. To this end, we examine 5 different misuses on Wordpress web servers, and generate corresponding log files of these attacks for forensic analysis. Then we establish attack patterns and formalize them by means of a special case of temporal logic, i.e. many sorted first order metric temporal logic (MSFOMTL). Later on, we implement these attack patterns in …

When Society Becomes The Criminal: An Exploration Of Society’S Responsibilities To The Wrongfully Convicted, Amelia A. Haselkorn

Pitzer Senior Theses

This thesis explores how society can and should compensate those who have been wrongfully convicted after they are exonerated and how we can prevent these mistakes from happening to others in the future. It begins by presenting research on the scope of the problem. Then it suggests possible reforms to the U.S. justice system that would minimize the rate of innocent convictions. Lastly, it takes both a philosophical and political look at what just compensation would entail as well as a variety of state compensation laws.

The Eighth Amendment’S Lost Jurors: Death Qualification And Evolving Standards Of Decency, Aliza Plener Cover

Indiana Law Journal

The Supreme Court’s inquiry into the constitutionality of the death penalty has over-looked a critical “objective indicator” of society’s “evolving standards of decency”: the rate at which citizens are excluded from capital jury service under Witherspoon v. Illinois due to their conscientious objections to the death penalty. While the Supreme Court considers the prevalence of death verdicts as a gauge of the nation’s moral climate, it has ignored how the process of death qualification shapes those verdicts. This blind spot biases the Court’s estimation of community norms and dis-torts its Eighth Amendment analysis.

This Article presents a quantitative study of …