Legal Studies Commons^™

The Relationship Between Juvenile Sex Offender Registration And Depression In Adulthood, Sharon E. Denniston

Walden Dissertations and Doctoral Studies

Accounts of sexual abuse appear daily in the media. Rightfully, this issue demands attention. Juveniles may be victims; they may also be offenders who are subject to sex offender registration and notification (SORN) policies. Growing research finds that SORN policies fail to achieve intended public policy outcomes. Little is known, however, about the unintended consequences of SORN for juvenile offenders. This study contributed to a more comprehensive understanding of the effects of these policies on this population. Merton's concept of manifest and latent functions of purposive social action and an alternate non-criminogenic form of Lemert's secondary deviance proposition provided the …

The Use Of Minors In Material Support Of Terrorist Organizations, Teresa Maria Feliciano

Walden Dissertations and Doctoral Studies

Adult criminals' use of minors to commit crimes associated with the support of terrorist organizations is a significant problem in the United States. Despite strict laws prohibiting adult offenders from exploiting youth, these individuals aggressively pursue minors to commit crimes associated with the support of terrorist organizations. This quasi-experimental, cross-sectional study used resource dependency theory to explore the likelihood that adult criminal offenders in the U.S. will use minors for crimes that are associated with the support of terrorist organizations, based on crime typology, country of origin, and location of crime. Data were collected from a crime database maintained by …

Recording Of Custodial Interrogations: Policies And Practices, Laura Rubino

Wayne State University Theses

Within the last century, interrogation practices throughout the United States have notably changed. Police interrogations went from physical harm (i.e., the third degree) to psychologically suggestive techniques. These psychologically coercive techniques put suspects at risk of giving a false confession, which is one of the contributing factors in wrongful convictions. One remedy to reduce false confessions is to electronically record interrogations. Very little is known about the specific policies and practices of electronic recordings during interrogation within law enforcement agencies. Policies and practices vary by state and by agency, which makes it difficult to identify agencies that do electronically record …

Technology Distractions On Patrol: Giving Police Officers A Voice, Andrew David Dasher

Walden Dissertations and Doctoral Studies

Distraction while using mobile technology devices such as a cell phone or tablet computer is a common occurrence within the civilian population of the United States. U.S. police officers are increasingly utilizing these types of devices within the patrol environment. However, little is known as to how distraction affects police officers while they interact with these devices in the course of their daily duties. The purpose of this qualitative study was to explore how officers process potential officer safety issues on patrol, while interacting with mobile technology, by questioning participants' perception of distraction. This was accomplished through a phenomenological paradigm …

Traffic Enforcement, Policing, And Crime Rates, Marc Weiss Weiss

Walden Dissertations and Doctoral Studies

Law enforcement agencies believe that traffic enforcement, in addition to reducing fatalities associated with automobile collisions, may also reduce the incidence of public order crimes. The academic literature, though, has largely failed to address this phenomenon. The purpose of this correlational study was to use Kelling and Wilson's broken windows theory to evaluate whether a statistically significant relationship exists between traffic enforcement rates and public order crimes in South Carolina. Secondary data from 5 counties were acquired from the South Carolina Department of Public Safety and the South Carolina Law Enforcement Division for the time period 2008 through 2012. Statistically …

Social Disorganization Theory: The Role Of Diversity In New Jersey's Hate Crimes, Dana Maria Ciobanu

Walden Dissertations and Doctoral Studies

The reported number of hate crimes in New Jersey continues to remain high despite the enforcement of laws against perpetrators. The purpose of this correlational panel study was to test Shaw & McKay's theory of social disorganization by examining the relationship between demographic diversity and hate crime rates. This study focused on analyzing the relationship between the level of diversity, residential mobility, unemployment, family disruption, proximity to urban areas, and population density in all 21 New Jersey counties and hate crime rates. The existing data of Federal Bureau of Investigations' hate crime rates and the U.S. Census Bureau's demographic diversity, …

The Question Of Homeland Security In Rural America, Manuel Gonzalez

Walden Dissertations and Doctoral Studies

Following the issuance of the National Preparedness Guidelines in 2009 by the Department of Homeland Security, it remains unknown whether homeland security programs have been consistently implemented in the nation's rural areas. Research findings have been inconsistent and inconclusive on the degree of implementation. Two problems may result from inadequate implementation of these programs: weakened national security from the failure to protect critical infrastructure in remote areas and a threat to public safety in rural towns. The purpose of this qualitative case study was to explore and describe the reasons for possible noncompliance through purposeful interviews with 10 law enforcement …

Penalty Enhancement Laws And The Reporting Of Patient Assaults On Emergency Department Nurses, Thomas Runkle

Walden Dissertations and Doctoral Studies

Assaults on emergency department nurses by patients are higher than any other occupation in the private sector. Professional nursing organizations have lobbied for penalty enhancement laws that increase the categorization of assaulting a nurse on duty from a misdemeanor to a felony. As of 2015, 32 states have implemented these laws. Yet, low assault reporting rates by nurses remains a problem, and little is known about whether penalty enhancements improved reporting rates. The purpose of this correlational study was to evaluate the impact of penalty enhancement laws on self-reporting of assault on emergency department nurses in 6 Mid-Atlantic cities. Constructs …

Repeating History: The Ineffectiveness Of The 1973 War Powers Resolution, Kaitlyn N. Schiess

Senior Honors Theses

Reluctant students often criticize the study of history as irrelevant to the present day.

In the case of one important and controversial piece of legislation, nothing could be farther from the truth. The 1973 War Powers Resolution (WPR), which places limits on presidential power to deploy troops in combat situations, has ample application to the political functioning of the United States today. Thus, investigating and studying the resolution remains relevant and important today. The WPR became law in 1973, overcoming a predictable veto by President Nixon. The legislation has consistently been a flashpoint for political controversy – eliciting criticism by …

Texas Sheriff Perceptions Of The Militia Movement, John F. Fisher

Walden Dissertations and Doctoral Studies

With the election of President Barack Obama, the United States has seen a steady increase in the number of right-wing militia groups. The Southern Poverty Law Center and the Department of Homeland Security have claimed that the various militia groups are a dangerous domestic terrorism threat. Law enforcement perceptions of the threat that these militia groups pose served as the focus of inquiry in this multiple case study. These perceptions were explored through the theoretical frameworks of groupthink, Credulous Bayesianism, and nudge theory. A purposeful sample of 12 local sheriffs in Texas were interviewed in an attempt to identify common …

White Faces In A Black Movement: Why Their Voices Matter, Chauncey L. Alcorn

Capstones

This story follows the lives of two white activists in New York's Black Lives Matter movement. It examines the largely ignored impact white activists have had on the BLM movement and also explores the history of white activists in the abolitionist and Civil Rights movements. The climax details a highly-publicized spat between rival Black Lives Matter organizations that happened during a Dec. 4 protest to commemorate the one-year anniversary of Officer Daniel Pantaleo's non-indictment in Garner's death. My main character, a white male, was blamed for causing the rift and was asked to step down from his leadership position in …

2015 Massachusetts Family Impact Seminar, Emily M. Douglas Ph.D., Melinda Gushwa Ph.D., Licsw, Martha J. Henry Ph.D.

Mosakowski Institute for Public Enterprise

Mission Critical: Reforming Foster Care and Child Protective Services is the sixth Massachusetts Family Impact Seminar. It is designed to emphasize a family perspective in policymaking on issues related to reforming foster care and child protective services in the Commonwealth. In general, Family Impact Seminars analyze the consequences an issue, policy, or program may have for families.

Inmate-, Incident-, And Facility-Level Factors Associated With Escapes From Custody And Violent Outcomes, Bryce E. Peterson

Dissertations, Theses, and Capstone Projects

Introduction: Preventing escapes from custody is a critical function of prisons, jails, and the individuals who run these correctional facilities. Escapes are a popular topic in the news, among lawmakers, and in public discourse. Much of this interest stems from the widespread notion that escapees pose a serious threat to public safety, as well to the safety of correctional staff and law enforcement officers tasked with preventing and apprehending them. However, despite the importance of preventing escapes and minimizing violence, there has been very little empirical research on these issues in the past several decades. Extant research has also been …

High Times: Is The Federal Legalization Of Marijuana Next? What The Food And Drug Administration Could Learn From Its Existing Regulations, Christopher B. Erly

American University Journal of Gender, Social Policy & the Law

This student comment examines the efficacy of marijuana being regulated by the Food and Drug Administration. The author discusses and applies potential FDA regulatory models that could be used to regulate marijuana. The comment concludes marijuana could be easily regulated under the current Food and Drug Administration regulatory scheme and suggests that marijuana should be regulated in a manner akin to tobacco rather than as a drug.

Critical Factors In Police Use-Of-Force Decisions, Orville Nickel

Walden Dissertations and Doctoral Studies

This study investigated law enforcement officers' perceptions of the legal, normative, and practical considerations that are implicit in their decisions when faced with using physical force. Law enforcement officers observe and protect fundamental human rights. A significant problem, however, is that physical force is sometimes misused, impacting public confidence in police services. The study was framed by Durkheim's conflict theory and Beirie's concepts of police corporate culture and social control. It used a grounded theory method and predeveloped case scenarios presented to 2 male focus groups of 7 and 6 participants respectively, and 2 female focus groups of 5 and …

The Influence Of A Juvenile's Abuse History On Support For Sex Offender Registration, Cynthia J. Najdowski, M. C. Stevenson, J. M. Salerno, T. R. A. Wiley, B. L. Bottoms, K. M. Farnum

Psychology Faculty Scholarship

We investigated whether and how a juvenile’s history of experiencing sexual abuse affects public perceptions of juvenile sex offenders in a series of 5 studies. When asked about juvenile sex offenders in an abstract manner (Studies 1 and 2), the more participants (community members and undergraduates) believed that a history of being sexually abused as a child causes later sexually abusive behavior, the less likely they were to support sex offender registration for juveniles. Yet when participants considered specific sexual offenses, a juvenile’s history of sexual abuse was not considered to be a mitigating factor. This was true when participants …

The Impact Of Disability: A Comparative Approach To Medical Resource Allocation In Public Health Emergencies, Katie Hanschke, Leslie E. Wolf, Wendy F. Hensel

Faculty Publications By Year

It is a matter of time before the next widespread pandemic or natural disaster hits the United States (U.S.). The international response to the 2009 H1N1 influenza stands as a cautionary tale about how prepared the world is for such an emergency. Although the pandemic fortunately proved to be less severe than initially anticipated, it nevertheless resulted in shortages of medical equipment, overburdened hospitals, and preventable patient deaths, particularly among young people.

A pandemic will inevitably lead to difficult decisions about the allocation of medical resources, such as who will have priority access to ventilators and critical care beds when …

Toward Coherent Federal Oversight Of Medicine, Patricia J. Zettler

Faculty Publications By Year

The conventional wisdom in U.S. health law and policy holds that states regulate medical practice – the activities of physicians and other health care professionals – while the federal government regulates medical products. But relying on states as the principal regulators of medical practice has, at times, driven law and policy in directions that are problematic from a public health perspective, as demonstrated by a deadly 2012 outbreak of fungal meningitis that was linked to a state-regulated practice known as drug compounding. This Article argues that the federalism concerns underlying the conventional wisdom are misplaced. It demonstrates that, contrary to …

The Deterrent Effect Of Disciplinary Segregation On Prison Inmate Misconduct, Joseph William Lucas

Walden Dissertations and Doctoral Studies

Although a widely used practice, it was previously unknown whether disciplinary segregation is actually effective at modifying prison behavior. This quantitative, retrospective observational study tested deterrence theory and explored the effectiveness of disciplinary segregation in deterring subsequent prison inmate misconduct among those subjected to it (N = 228). It compared a cohort of male inmates incarcerated by the Oregon Department of Corrections who had spent time in disciplinary segregation in 2011 and/or 2012 with a comparison cohort who had not spent any time in disciplinary segregation. Three models were tested, each with the outcome variable operationalized in a different way: …

Influences Of Csi Effect, Daubert Ruling, And Nas Report On Forensic Science Practices, Timothy Patrick Scanlan

Walden Dissertations and Doctoral Studies

The media exaggerates the capabilities of crime laboratories while it publicizes the wrongdoings of individual forensic scientists. Such portrayals skew the perspectives of jurors and hinder expert witness testimony. Complicating the problem are separate, but related, phenomena that influence how forensic laboratories conduct casework. These phenomena are Cole and Dioso-Villa's conceptualization of the unrealistic expectations of forensic science created by fictional television, known as the CSI Effect; the Daubert ruling on the admissibility of expert testimony; and some federal policy changes as a result of a National Academy of Sciences (NAS) report that impacted requirements for the daily operation of …

Attitudes Of Returning Citizens In Government-Managed Post-Release Programming, Zachary D'Jon Weaver

Walden Dissertations and Doctoral Studies

Nearly 700,000 prisoners return to communities annually, and approximately two-thirds are rearrested within 3 years of release. The cyclic pattern of recidivism presents risks to both returning offenders and the communities that accept them. Reentry research tends to include the voice and experiences of juveniles, community members, and service providers, and narrowly focuses on the socioeconomic conditions of adult ex-offender populations pre- and post-release. Few researchers have explored the attitudes of those returning citizens or the perceived impact on treatment success, as related to employment-based, post-release reintegration programs. This study investigated the attitudes of 32 participants of Project Empowerment, the …

Racism Vs. Social Capital: A Case Study Of Two Majority Black Communities, Bruce W. Strouble

Walden Dissertations and Doctoral Studies

Several researchers have identified social capital as a means to improve the social sustainability of communities. While there have been many studies investigating the benefits of social capital in homogeneous White communities, few have examined it in Black homogeneous communities. Also, there has been limited research on the influence of racism on social capital in African American communities. In this dissertation a comparative case study was used within a critical race theory framework. The purpose was to explore the role of racial oppression in shaping social capital in majority African American communities. Data were collected from 2 majority Black communities …

Sexual Assaults Among University Students: Prevention, Support, And Justice, Rebecca B. Reingold, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Sexual assault is common among college-aged women (18 to 25 years), with 1 in 5 reporting having experienced these crimes during their college years. Acute and long-term consequences of sexual assault may include physical trauma, sexually transmitted infections, posttraumatic stress disorder, depression, and substance abuse. Survivors have the option of reporting assaults to the university or to the police, but the goals of these 2 systems—and women’s experiences with them—can be quite different. The criminal justice system’s principal aim is to adjudicate guilt, but the university has the broader purpose of fostering a safe learning environment.

This article explores how …

El Caso De Madygraf (Ex-Donnelley): Una Exploración De La Tensión Entre La Legalidad Y La Legitimidad De Las Empresas Recuperadas En Argentina / The Case Of Madygraf (Ex-Donnelley): An Exploration Of The Tension Between The Legality And The Legitimacy Of Recovered Businesses In Argentina, Maggie Joyce

Independent Study Project (ISP) Collection

In December 2001, Argentina declared the largest economic debt default in history. Following the default, Argentina’s economy spiraled into depression and a severe economic crisis plagued the country. Unemployment skyrocketed, dollar shortages continued, and many businesses closed under financial pressures. As private business and large corporations alike shut their doors indefinitely, oftentimes under the auspices of fraudulent bankruptcies, freshly unemployed workers across the country reclaimed their right to work by occupying their workplaces and eventually putting them back into production. These businesses now under worker control are part of the empresas recuperadas, or recovered businesses, phenomenon. The fight for existence …

Federal Civil Rights Litigation Pursuant To 42 U.S.C. §1983 As A Correlate Of Police Misconduct, Philip M. Stinson, Steven L. Brewer Jr, Theresa M. Lanese, Mallorie A. Wilson

Criminal Justice Faculty Publications

Police officers acting in their official capacity are subject to being sued in federal court pursuant to 42 U.S.C. §1983 for violating constitutional rights under the color of law. Using data obtained in a larger study on police crime in the United States, names of more than 5,500 nonfederal sworn law enforcement officers who were arrested during the years 2005-2011 were checked against the civil case party master name index of the federal courts’ Public Access to Courts Electronic Records (PACER) system. Findings indicate that more than 20% of the police officers who were arrested for committing one or more …

Psychological Mechanisms Underlying Support For Juvenile Sex Offender Registry Laws: Prototypes, Moral Outrage, And Perceived Threat, Margaret C. Stevenson, Cynthia J. Najdowski, Jessica M. Salerno, Tisha R.A. Wiley, Bette L. Bottoms, Katlyn S. Farum

Psychology Faculty Scholarship

We investigated whether and how a juvenile’s history of experiencing sexual abuse affects public perceptions of juvenile sex offenders in a series of 5 studies. When asked about juvenile sex offenders in an abstract manner (Studies 1 and 2), the more participants (community members and undergraduates) believed that a history of being sexually abused as a child causes later sexually abusive behavior, the less likely they were to support sex offender registration for juveniles. Yet when participants considered specific sexual offenses, a juvenile’s history of sexual abuse was not considered to be a mitigating factor. This was true when participants …

From Intent To Effect: Richmond, Virginia, And The Protracted Struggle For Voting Rights, 1965–1977, Julian Maxwell Hayter

Jepson School of Leadership Studies articles, book chapters and other publications

Twelve years after the ratification of the Voting Rights Act of 1965 [VRA], Richmond, Virginia elected a historic majority black city council. The 5-4 majority quickly appointed an African American lawyer named Henry Marsh, III to the mayoralty. Marsh, a nationally celebrated civil rights litigator, was not only the city’s first black mayor, but the council election of 1977 was also Richmond’s first since 1970. In 1972, a federal district court used the VRA’s preclearance clause in Section 5 to place a moratorium on council contests. This moratorium lasted until the Supreme Court and the Department of Justice determined whether …

Is Burglary A Violent Crime? An Empirical Investigation Of Classifying Burglary As A Violent Felony And Its Statutory Implications, Phillip Kopp

Dissertations, Theses, and Capstone Projects

Under the common law, burglary is defined as a crime committed against the property of another, and is listed as a property offense for purposes of statistical description by the Uniform Crime Reports (UCR) and the National Crime Victimization Survey (NCVS). However, burglary is prosecuted and sentenced as a violent crime under habitual offender laws at the federal level, and can be regarded as violent in state law, depending on varied circumstances. Using a mixed methods approach, the current study compared state and federal burglary and habitual offender statutes to an empirical description of the offense. First, a comprehensive content …

The Original Intent Of The Wire Act And Its Implications For State-Based Legalization Of Internet Gambling, Michelle Minton

Occasional Papers

Recognizing the growing threat of organized crime, then U.S. Attorney General Robert F. Kennedy sought to get the “bankrollers and kingpins” by introducing the Federal Wire Act in 1961, which sought to target the mob’s most profitable racket—bookkeeping on horseracing and sports gambling by prohibiting such gambling on the nation’s communication system at the time (telephone and telegraph). More than 30 years later members of Congress sought to use the Wire Act to stop the rise of casino-style gambling on the Internet. However, the scope of the Wire Act has been disputed among lawmakers, courts, and federal agencies. In 2011 …

The Fatherhood Factor: The Impact Of The Father-Child Relationship On The Social, Interpersonal, And Recidivism Risk Factors Of Previously Incarcerated Men, Larissa A. Maley

Seton Hall University Dissertations and Theses (ETDs)

Of the men who return home from prison, nearly 7 out of 10 will be re-arrested and sent back within 3 years of their release (Travis, Solomon, & Waul, 2001). This trend has large- scale implications, not just for individuals, but for their families and communities as well. Clearly, understanding the factors that contribute to a man’s success or failure in staying out of prison is extremely important in constructing policy and programs to assist these at-risk individuals and communities. Of the few studies that have explored the lives of previously incarcerated men, some have found fatherhood to be a …