Legal Studies Commons^™

From The Legal Literature: Trafficking And The Shallow State, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

Pain That Only She Must Bear: On The Invisibility Of Women In Judicial Abortion Rhetoric, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

The graphic and bodily facts of a legal question of rights are relevant to the courts, particularly in questions that directly implicate physical bodies and pain, such as right to die cases, or what level of search may be allowable and when. However, in the case of abortion, or more specifically the bodily ramifications of pregnancy and childbirth, this detail is conspicuously absent. This article, relying on a content analysis of over 220 legal opinions on abortion rights, documents this absence of rhetoric. Particularly in the context of other discussions of pain and physical health risks in these very same …

From The Legal Literature: Environmental Victimization And Criminal Enforcement: Assessing Evidence From Thirty-Seven Years Of Epa Case Summary Reports, Marshall R. Schmidt, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

From The Legal Literature: Arrest Records, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

From The Legal Literature: Undemocratic Crimes, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

Personality Assessment Inventory Predictors Of Parole For Adults Who Committed Murder As Juveniles, Karlie Rice

Psychology Theses

Previously juveniles as young as 14 guilty of murder were eligible to be sentenced to life without the possibility of parole. However, the decision of Miller v. Alabama (2012) declared mandatory life without the possibility of parole (LWOP) unconstitutional. Juveniles sentenced to LWOP were now able to be either resentenced or eligible for possible parole. The current study examined which scales on the Personality Assessment Inventory (PAI) predict parole outcomes for adult men seeking parole who committed murder when they were juveniles and sentenced to LWOP. The PAI is a 344-item self-report assessment comprised of validity, clinical, interpersonal and treatment …

Critical Perspectives On Produce Prescription Programs & Us Federal Nutrition Policy, Alanna K. Higgins

Graduate Theses, Dissertations, and Problem Reports (ETD)

Produce prescription programs, interventions operating at the intersection of food access and public health, are steadily increasing in number across the United States since 2010. I leverage key informant interviews, participant observations, and event ethnographies to form a four-year institutional ethnography of the implementation of produce prescriptions within West Virginia alongside a legal-policy archaeology methodology to understand how produce prescriptions have been institutionalized and funded within the US Farm Bill. While much of produce prescription program growth is attributed to an expansion of federal funding starting in 2014, this dissertation demonstrates that these programs and the federal legislation which has …

Testing Privilege: Coaching Bar Takers Towards “Minimum Competency” During The 2020 Pandemic, Benjamin Afton Cavanaugh

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

Atrapados Y Sin Salida: Explotación Delictiva De Niñas, Niños Y Adolescentes Venezolanos Migrantes Indocumentados En Colombia, Nicolasa M. Durán Palacio, Katy L. Millán Otero Srita

The Qualitative Report

Este texto devela las prácticas de explotación delictiva de niñas, niños y adolescentes migrantes venezolanos, sin estatus legal en Colombia, por parte de grupos armados ilegales y de las bandas de crimen organizado, especialmente en las fronteras colombo-venezolanas, lugar de tránsito de la población migrante indocumentada. A través de una revisión documental con diseño cualitativo, se identifican las lógicas de victimización de la población infantil migrante sin estatus legal, los riesgos a los que se enfrentan y los obstáculos legales migratorios que les afectan negativamente y que no pueden encarar, dada su condición de indocumentados y sin amparo de su …

Creating A Home Base For Treatment In Homeless Courts, Kyle C. Troeger

Student Publications

As the number of unsheltered homeless increases, an alternative to criminalization, homeless courts, have also become more common. 18 States currently have one or more specialty court programs dedicated to meting out alternative sentencing to the local homeless. Homeless courts are a rehabilitative process with the end goal of reintegration into society. They allow nonviolent misdemeanors to be resolved without jail time or fines. In lieu of traditional sentencing is community service and mandated self-improvement. This chapter examines the current criminalization, and history, of homelessness in the United States. Of primary interest is the development of homeless courts as an …

The Victims’ Voices: A Routine Activity Approach To Jail And Prison Victimization, Victor St. John

Dissertations, Theses, and Capstone Projects

The study explores the occurrence of victimization while incarcerated in American jails and prisons. Consistent with the Routine Activity Approach – which explains that victimization occurs due to the convergence of a suitable target and a motivated offender in time and space, and the absence of a capable guardian, handler, and place manager –, this study investigates the applicability of the approach within the correctional setting, namely the influence of place management, access to informal guardians, and the victims’ perception of correctional officers’ capability on preventing victimization (the formal guardian). A mixed methods design was employed, analyzing 87 semi-structured interviews …

The Value And Scope Of The Term Femicide, Robert Brannon

Dignity: A Journal of Analysis of Exploitation and Violence

The term femicide is useful in naming a wide range of sexist killings of women by men, just as “genocide” and “sexual harassment” named these respective other crimes and civil violations. Definitions and example of killings that are, and are not, femicides clarify the scope of the term. A number and variety of misogynistic killings of women can be documented. There is evidence that learning of the term of femicide has helped women to see and to combat femicides in their spheres. The term femicide has been embraced by the United Nations and by eight Latin American countries to date.

Why Does An Ex-Offender Reoffend?, Jacob Rybak

Symposium of Student Scholars

What leads to an offender to go back to prison? Iowa has collected data tracking recidivism to evaluate the effectiveness of its programs for released offenders. This data set includes the following for all of the offenders: age groups, type of release (parole vs being discharged at the end of their sentence), race, sex, year of release, supervising district, original offense, and whether they recidivated. For the offenders who return to prison, the data set includes measures on days to return, type of recidivism (technicality or new crime), and what the specific offense was that caused their return.

In the …

Review Of Women As War Criminals: Gender, Agency, And Justice, Christi Siver

The Journal of Social Encounters

No abstract provided.

Evaluating The 2019 New York State Bail Reform On Quality Of Life Offenses In New York City, Nodira Pirmukhamedova

Student Theses

Using the NYPD Complaint Data, this study compares the frequency of nine quality of life (QOL) misdemeanor complaints (n = 196,577) in New York City (NYC) before (n = 108,382) and after the 2019 NYS Bail Reform Act (n = 88,195), which eliminated cash bail for most misdemeanor crimes. The results show an overall decrease (18.6%) in nine QOL misdemeanor complaints in NYC after bail reform with a large effect (d = 1.317). The main limitation of this study is that it did not control for the impact of COVID-19 in 2020 on the criminal justice system’s shifting priorities. Another …

The Truth(S) Behind “True Crime”: Examining The Role Of Narrative In The Retellings Of The Rafay Family Murders, Samantha L. Richard

FIMS Major Projects and Creative Projects

In April of 1995, the Royal Canadian Mounted Police (RCMP) launched their second ever “Mr. Big” operation: one that involves an intricate interrogation technique designed to elicit a confession from suspected criminals in cases where physical evidence cannot link the accused to the crime. The targets of this operation were suspected murderers Sebastian Burns and Atif Rafay. The highly publicized case was discussed extensively through traditional news coverage, as well as in various stories of the true crime genre. Through the use of narrative theory, this paper examines the role of narrative in the retelling of the Rafay family murders. …

Marriage Or License To Rape? A Socio-Legal Analysis Of Marital Rape In India, Vidhik Kumar

Dignity: A Journal of Analysis of Exploitation and Violence

Rape exposes the failure of society’s institutions which were established to provide better security to an individual in a society. These institutions sometimes not only failed to protect an individual from such grave assaults on their autonomy and privacy, but also sanctioned them by either providing them legitimacy by law or not illegitimating them. States often have either provided legal sanctity to rapes within marriage or have refrained from declaring it a crime, on account of it being a private sphere not open to interference. Rape within marriage or marital rape is a global problem, and it is argued that …

Compilation Of Mentoring Programs In San Diego And Imperial Counties, Nohelia Ramos, Caitlyn Lauchner, Andrew Blum

Kroc IPJ Research and Resources

This document compiles information on mentoring programs in San Diego and Imperial Counties. The goal is to provide a clear picture what mentoring programs are being implemented and to give basic information about those programs as of June 2021.

The purpose of the document is three-fold. First, as a deliverable under the Project Safe Neighborhoods initiative (PSN), it is designed to provide basic information to the US Attorney’s Office and others involved in the PSN on the range of mentoring programs that exist. Mentoring programs have proven to be an effective program strategy for producing a range of positive youth …

Victim Impact: The Manson Murders And The Rise Of The Victims’ Rights Movement, Merrill W. Steeg

LSU New Orleans Theses and Dissertations

No abstract provided.

Equal Injustice For All: High Quality Self-Representation Does Not Ensure A Matter Is “Fairly Heard”, Jona Goldschmidt

Seattle University Law Review Online

Self-represented litigants (SRLs) are generally less successful in court than parties with legal representation. Some access-to-justice programs view self-representation as a skill that can be taught and will lead to more success in case outcomes, but Jona Goldschmidt pushes back against this assumption. Goldschmidt argues that even high functioning, educated, and computer savvy SRLs are at a disadvantage in the courtroom when courts strictly enforce rules and do not offer reasonable accommodations.

In this Article, Goldschmidt evaluates three cases that illustrate expert SRLs’ challenges in the courtroom, and he argues that ridged rule enforcement and failure to accommodate lead to …

First Amendment Knowledge And Competence In United States Residents, Cynthia J. Najdowski, Kimberly M. Bernstein

Psychology Faculty Scholarship

Lacking adequate knowledge about one's rights could inhibit the likelihood of exercising one's rights or lead one to unwittingly violate laws that place legitimate limits on these rights. Thus, the present research examines First Amendment knowledge as well as competence to apply this knowledge in relevant circumstances. Results revealed that one-quarter of participants failed a test of objective knowledge on First Amendment rights. Furthermore, participants' belief in their ability varied depending on their level of knowledge, in line with the Dunning–Kruger effect. Participants also failed to transfer their limited objective knowledge to “real-world” situations, exhibiting impaired First Amendment competence. These …

Police Homicide: Race And Ethnicity, Christine Henderson, Aimee Quinn, Charles E. Reasons, Veronica Salas, John Vinson, Brittney Warf

All Faculty Scholarship for the College of the Sciences

During the pandemic, routines were interrupted lives were changed and during this time, many individuals spent more time watching the news to learn more about how long it would take to resume normalcy. When George Floyd was murdered by four police officers, time stood still and the world watched. Outrage was immediate. The pandemic offered everyone the opportunity to witness tragedy unfold in front of them a brutality which happens every day, yet is easily ignored. This article examines the incidence of police homicides of people of color, the lack of law enforcement to seek solutions to their own internal …

Treatment Access For Dual Diagnosis Substance Use And Mental Health Disorders, Pedro Banuelos

Electronic Theses, Projects, and Dissertations

In 2018, of 1.3 million Latinx adults in the United States facing concurrent issues with substance use disorders (SUD) and mental health disorders (MHD) 93% remained untreated for either diagnosis. This is concerning since Substance Abuse and Mental Health Services Administration (SAMHSA) data reveals that this population is at greater risk for suicidal thoughts, plans, and attempts. They also face structural barriers such as employment, housing, legal involvement, and insurability that further impede access to treatment.

This study’s purpose was to examine barriers to accessing treatment for Latinx populations confronting co-occurring SUDs and MHDs. This study used a qualitative design …

Intersectionality And Accessibility To Social Services, Nora Khuder

Thinking Matters Symposium

In times of a crisis the intersectionality of sex, class, and ability creates a vulnerable population. Many available “resources'' are exhausted, due to high demand. Intersectionality signifies the impact of multiple intersecting identities in society as a direct correlation to the specific and unique barriers of marginalized groups. Resources are currently limited due to the lack of representative data. Although many studies have been conducted, many researchers have failed to capture the need of social services in rural areas.

Death-By-Incarceration In Illinois, Joseph Dole

Northwestern Journal of Law & Social Policy

No abstract provided.

Quarantine Ethics: From Past To Covid-19, Chrystal Barnes

OHSU-PSU School of Public Health Annual Conference

Quarantines have been a preventative measure for reducing communicable disease spread for centuries. The method of implementation can vary widely and to some extent requires some level of judgement from enforcing powers, often state police power. As such, historically, some quarantines have been unfairly enforced based on discriminatory practices. COVID-19 has brought about the most widespread and extended quarantine in U.S. history, which makes evaluating the ethics all the more critical. In addition, it is well established that COVID-19 impacts have disproportionately caused harm to populations, such as those who are of a low socioeconomic status and people of color. …

The Martin Institute: Prints, Spring 2021, Stonehill College: The Martin Institute For Law And Society

The Martin Institute: Prints

No abstract provided.

The “Innocence Penalty”: Is It More Pronounced For Juveniles?, Nilam A. Sanghvi, Elizabeth A. Delosa

Dickinson Law Review (2017-Present)

Despite the presumption of innocence, we know that individuals accused of crimes are punished for maintaining their innocence in ways both tangible and intangible as they make their way through our criminal justice system. For example, even if instructed not to, jurors may infer guilt from a defendant’s failure to testify; defendants who exercise their right to go to trial receive lengthier sentences if convicted than those who plead guilty; and, once convicted, defendants who maintain their innocence are often denied opportunities for parole or clemency. This article explores whether these “innocence penalties” are even greater for children who are …

Criminal Mental Health, Tabitha Oliver

Senior Honors Theses

The purpose of this thesis is to assess and address the prevalence of mental health issues among incarcerated individuals in America. There are multiple internal and external contributing factors to the disproportionately high numbers of mentally ill inmates. Comparing the United States prison system with other countries such as Norway allows for possible paths to improving the mental health crisis that we are currently experiencing. This thesis looks at the principles and practices used in Norway's prisons as well as how they affect inmate's mental health. By comparing Norway's prison policies and design, this thesis will suggest changes in staff …

Champions For Justice Virtual Fundraiser 03-11-2021, Roger Williams University School Of Law, Michael M. Bowden

School of Law Conferences, Lectures & Events

No abstract provided.