Legal Studies Commons^™

Pope Francis, Fratelli Tutti, The Death Penalty, And War, John Sniegocki

The Journal of Social Encounters

No abstract provided.

Military Service And Offending Behaviors Of Emerging Adults: A Conceptual Review, Christopher Salvatore, Travis Taniguchi

Department of Justice Studies Faculty Scholarship and Creative Works

Focusing on the United States, this paper examines the impact of military service for the cohort of individuals that have experienced the social factors that characterize emerging adulthood as a unique stage in the life course. We argue that military service, as a turning point, may act differently in contemporary times compared to findings from past research. This difference is driven by changes in military service, the draft versus volunteer military service, and the prevalence of emerging adulthood. As a background, we describe emerging adulthood, examine how emerging adulthood relates to crime and deviance, explore the impact of military life …

Prison Theocracy, Athena Gainey

Charles Rice Post-Graduate Research Fellowship

This research hopes to understand justice by inquiring about control over definitions of justice. Further questions also include if and how justice works in America’ criminal justice system; who does it define as inclusive/exclusive to society; and how does the system and those who run it choose to protect inclusive members of society? Examples of the Prison Industrial Complex- such as mass incarceration and police brutality- exist as proof that American facilities of law & order lack justice in equity for all its citizen. Both religious and non-religious based grassroots organizations have developed instrumental changes that push to reform and …

Corruption: An Impediment To Delivering Pathology And Laboratory Services In Resource-Limited Settings, Emily H. Glynn Md, Timothy Amukele, Taryn Vian

Nursing and Health Professions Faculty Research and Publications

OBJECTIVES

Corruption is a widely acknowledged problem in the health sector of low- and middle-income countries (LMICs). Yet, little is known about the types of corruption that affect the delivery of pathology and laboratory medicine (PALM) services. This review is a first step at examine PALM corruption risks.

METHODS

We performed a critical review of medical literature focused on health sector corruption in LMICs. To provide context, we categorized cases of lab-related fraud and abuse in the U.S.

RESULTS

Forms of corruption in LMICs that may impact the provision of PALM services include informal payments, absenteeism, theft and diversion, kickbacks, …

Kiss Of Love Campaign: Contesting Public Morality To Counter Collective Violence, Sonia Krishna Kurup Miss

Peace and Conflict Studies

The paper studies the immense opposition to a nonviolent campaign against the practice of moral policing in Kerala to understand the dominant spaces, collective identities, and discourses that give shape to the outrage of public morality in India. The campaign through its politics specifically targeted rightwing and political groups as well as socially embedded familial and institutional structures that exercise control over individuals through patriarchal regimes. The adverse reaction to the campaign revealed that collective aggression or violence can be used to impose majoritarian values and exert social control through the authority of public morality and everyday acts of moral …

The Court Is In Recession: On The Implications Of The Covid-19 Pandemic For Indigent Defense Spending, Andrew L. B. Davies, Victoria M. Smiegocki, Hannah E. Hall

Other Publications

What is the likely effect of the recession brought on by the COVID-19 pandemic on indigent defense budgets in the United States? To look forward, we look backward. We examine data on county-level spending on indigent defense in Texas during the Great Recession of 2007–2009. Redistributive policies—those which use taxpayer funds to support individuals who themselves pay little or no tax—are particularly susceptible to cuts during times of fiscal stress. Yet our analysis shows indigent defense policy, measured in terms of spending and access to counsel rates, was generally stable through the Great Recession years, even in counties hit hardest. …

Bio-Spatial Policing In Theory And Practice: Examining Impacts And Resistance Through Mobilities And Children's Everyday Life, Emily Kaufman

Theses and Dissertations--Geography

Despite decades of reforms and technological innovations, increasing evidence shows that state securitization disproportionately harms already racially, spatially, and socio-economically marginalized communities. My research investigates uneven impacts of state securitization, from punitive welfare programs to school surveillance to policing. Across sites, I focus on scales, voices and the everyday lived experiences often left out of scholarly discourse and sensational media. In the current climate of growing awareness and scholarship on police violence, my dissertation addresses three less-studied areas: 1) the interplay between racial, gendered, spatial, and technified police practices; 2) how these practices impact the everyday lives of those racially …

Murders In The German Sex Trade: 1920 To 2017, Manuela Schon, Anna Hoheide

Dignity: A Journal of Analysis of Exploitation and Violence

This research report is the result of collecting and evaluating data on cases of homicides and attempted homicides in the German sex trade from 1920-2017. The findings show violence against prostituted women and the attitudes of the sex buyers who commit most of the violent acts against the women. The report discusses the media coverage of murder cases, complication of cases, and a critique of methods of criminal evaluation by the police. From 1920 to 2017, 272 victims of murder and attempted murder were identified. Liberalization of prostitution occurred in 2002. From then until 2017, there is a decrease in …

Neither “Post-War” Nor Post-Pregnancy Paranoia: How America’S War On Drugs Continues To Perpetuate Disparate Incarceration Outcomes For Pregnant, Substance-Involved Offenders, Becca S. Zimmerman

Pitzer Senior Theses

This thesis investigates the unique interactions between pregnancy, substance involvement, and race as they relate to the War on Drugs and the hyper-incarceration of women. Using ordinary least square regression analyses and data from the Bureau of Justice Statistics’ 2016 Survey of Prison Inmates, I examine if (and how) pregnancy status, drug use, race, and their interactions influence two length of incarceration outcomes: sentence length and amount of time spent in jail between arrest and imprisonment. The results collectively indicate that pregnancy decreases length of incarceration outcomes for those offenders who are not substance-involved but not evenhandedly -- benefitting white …

Covid-19 In Correctional Settings: How Has The Covid-19 Pandemic Impacted Prison Policies And Conditions?, Marissa Tepper

Capstone Showcase

Due to the Coronavirus Disease 2019 (COVID-19), the public has been advised to isolate and quarantine from one another. These social distancing practices have also been applied to institutions such as schools, universities, businesses, and even prisons. Within prisons, officials have been working with the medical community to determine the best course of action to contain the spread of the virus. The current proposed policies for prisons to contain COVID-19 are decarceration or medical isolation. However, in the medical community, there is some concern with implementing medical isolation in prisons. Under supervision of the prison officials, medical isolation could become …

A Gender And Race Theoretical And Probabilistic Analysis Of The Recent Title Ix Policy Changes, Jordan Wellington

Scripps Senior Theses

On May 6th, 2020, after extensive public comment and review, the Department of Education published the final rule for the new Title IX regulations, which took effect in schools on August 14th. Title IX is the nearly fifty year old piece of the Education Amendments that prohibits sexual discrimination in federally funded schools. Several of these changes, such as the inclusion of live hearings and cross examination of witnesses, have been widely criticized by victims’ rights advocates for potentially retraumatizing victims of sexual assault and discouraging students from pursuing a Title IX claim. While the impact of the new regulations …

Twelve Angry Men: A Twenty-First Century Reflection Of Race, Art, And Incarceration, Mackenzie A. Gross

Honors Theses

Twelve Angry Men: A Twenty-First Century Reflection of Race, Art and Incarceration is a Comparative and Digital Humanities Honors Thesis concentrating on Africana Studies, theatre, sociology and legal studies to demonstrate the importance of investing in incarcerated communities through theatre and education.

In Chapter I, I critique the loss of identity attached to incarceration, and introduce the foundation for Black bodies individuals being discriminated against in the prosecution system. I analyze the “Punishment vs Progress” mentality, and introduce current educational programs in place in prisons. I elaborate on the details of our production, as well as the makeup of actors. …

From The Legal Literature: Why States Must Consider Innocence Claims After Guilty Pleas, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

From The Legal Literature: Is Progressive Prosecution Possible?, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

Mental Distress Calls: Should Police Be Frontline Responders?, Audrey Suwarno

Capstone Showcase

Due to an over-reliance on law enforcement, police officers have become frontline responders to individuals suffering with mental illness, despite not being properly trained to handle such situations. Many studies have addressed officers’ feelings of incompetence and lack of preparedness when faced with an individual in distress. Without proper training, police tend to resort to force against individuals in mental distress, which can escalate the situation even further. This paper serves to analyze the excessive use of force that is commonly used amongst police officers during mental distress calls, as well as its potentially dangerous and fatal outcomes for individuals …

Who Upholds Your Human Rights When You Are “Stateless?” Why Couldn’T The Un Protect The Rohingya’S Human Rights?, Hyochan Lee

Student Theses and Dissertations

In 2017, genocide in Myanmar took place against the stateless minority Rohingya Muslims. Why couldn’t the UN protect the Rohingya’s human rights? The international community's efforts to oppose these violations against the stateless people have been only passive. Then, who upholds your human rights when you are stateless? Using chronology, historical institutionalism, and process tracing analyses, this thesis (1) evaluates the UN’s legal regime’s systemic design and capabilities in protecting human rights; then (2) identifies the design flaws of our international human rights regime; and lastly, (3) develops a recommendation to protect all people, stateless or not. Based on both …

Amplification Of Legal Advocacy: Public Health Approaches To Releasing Immigrant Detainees At The Otay Mesa Detention Center, San Diego, California, United States, Kaylin Rosal

Master's Projects and Capstones

This paper reviews the current health practices of Immigration and Customs Enforcement (ICE) detention centers, focusing on asylum seekers housed at Otay Mesa Detention Center (OMDC) located in San Diego, California, United States. Many asylum seekers, or foreign nationals who have been confirmed to have a credible fear of persecution in their home countries, regardless of how they enter the United States, are placed into Federal Immigration and Customs Enforcement detention centers. Two avenues for the release of detainees while they wait for their asylum cases to be heard by an immigration judge are bond and parole applications, the basis …

"If Consent Is Bought, It Is Not Freely Chosen": Compromised Consent In Prostituted Sex In Ireland, Ivana Bacik

Dignity: A Journal of Analysis of Exploitation and Violence

This article offers feminist arguments for the reconsideration of consent as a legal concept, informed by insights gained through the work of the #MeToo movement and other feminist campaigns. It suggests that consent may be seen as legally compromised in certain contexts of structured gender inequality, such as domestic violence, workplace sexual harassment, and prostitution. The legal understanding of consent in such contexts is antithetical to the conception of consent as “freely and voluntarily” given within a mutual sexual relationship. This understanding of consent underpins the recent introduction of the Nordic model approach into Irish law through the Criminal Law …

American Police Violence, Racism, And Corruption, Ethan Gallagher

English Department: Research for Change - Wicked Problems in Our World

In this paper, I convey the serious need for change within the American police departments. In America, law enforcement has been systematically oppressed minorities for decades with no repercussions and has been protected by the corrupted system. It is time for new tactics to be implemented in America for dealing with civilians because the cops are not fulfilling their duty to protect the people anymore, they're hurting the people. Everyone in America now either hates the police or are terrified of them making a huge divide between everyone in the country. After seeing all the controversy that has transpired it's …

Breaking The Cycle: Interrupting Generational Incarceration In Maine, Jillian Foley Mppm, Erica King Msw, Casey Benner

Justice Policy

Parental incarceration is a known Adverse Childhood Experience (ACE) which affects a large number of children nationwide. Research shows that children who experience parental incarceration are more at risk for trauma, mental health problems, and juvenile justice system involvement. The goal of this report was to further our understanding of the scale of parental incarceration and the impact on the children in Maine. This report provides a snapshot of the number of children who were impacted by parental incarceration in the state system over a 5-year period (2015-2020). The findings show that for the majority of these parents, there is …

Missing And Murdered Indigenous Women: How The Law Has Disregarded Violence Against Indigenous Women, Tavniah Dyer

Library Research Prize Student Works

This paper explores the concerns encompassed in the Missing and Murdered Indigenous Women issue and the recently begun movement. The MMIW movement is bringing recognition to the problems of unequal consideration given to Native American women and how our country has not responded effectively to crimes against members of the Native community. The majority of Native women will experience sexual violence within their lifetime. Additionally, there are many cases of missing and murdered women, in addition to those surrounding sexual violence, that are not addressed or investigated. Indigenous women are left to suffer on their own with no hope of …

Hateproofing Your Message: Response And Prevention Strategies For "Hatejacks", Bond Benton, Daniela Peterka-Benton

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

Dirty Johns: Prosecuting Prostituted Women In Pennsylvania And The Need For Reform, Mckay Lewis

Dickinson Law Review (2017-Present)

Prostitution is as old as human civilization itself. Throughout history, public attitudes toward prostituted women have varied greatly. But adverse consequences of the practice—usually imposed by men purchasing sexual services—have continuously been present. Prostituted women have regularly been subject to violence, discrimination, and indifference from their clients, the general public, and even law enforcement and judicial officers.

Jurisdictions can choose to adopt one of three general approaches to prostitution regulation: (1) criminalization; (2) legalization/ decriminalization; or (3) a hybrid approach known as the Nordic Model. Criminalization regimes are regularly associated with disparate treatment between prostituted women and their clients, high …

Homicide And Drug Trafficking In Impoverished Communities In Brazil, Elenice De Souza Oliveira, Braulio Figueiredo Alves Da Silva, Flavio Luiz Sapori, Gabriela Gomes Cardoso

Department of Justice Studies Faculty Scholarship and Creative Works

Many studies demonstrate that homicides are heavily concentrated in impoverished neighborhoods, but not all socially disadvantaged neighborhoods are hotbeds of violence. Conducted in Belo Horizonte, Brazil, this study hypothesizes that the association between high rates of homicide and impoverished areas is influenced by the emergence of a specific type of street drug-dealing common to favelas (slums). The study applies econometric techniques to police data on homicides and drug arrests from 2008 to 2011, as well as 2010 Census data, to test its hypothesis. The findings provide insight into the development of crime prevention policies in areas of high social vulnerability.

Caregivers’ Expectations, Reflected Appraisals, And Arrests Among Adolescents Who Experienced Parental Incarceration, Cynthia J. Najdowski, Melissa Noel

Psychology Faculty Scholarship

This research sought to identify a potential process by which intergenerational crime occurs, focusing on the effect of parental incarceration on adolescents’ subsequent arrests. We drew from Matsueda’s work on reflected appraisals as an explanatory mechanism for this effect. Thus, the present research examined whether caregivers’ and adolescents’ expectations for adolescents’ future incarceration sequentially mediated the effect of parental incarceration on adolescents’ actual arrest outcomes. Propensity score matching was used to examine this effect in a sample of 1,735 15- to 16-year-olds using NLSY97 data. Parental incarceration was positively related to caregivers’ expectations of adolescents’ future arrest. Moreover, caregivers’ expectations …

Health Implications Of Incarceration And Reentry On Returning Citizens: A Qualitative Examination Of Black Men’S Experiences In A Northeastern City, Jason M. Williams, Sean K. Wilson, Carrie Bergeson

Department of Justice Studies Faculty Scholarship and Creative Works

While a great deal of research captures the lived experiences of Black men as they navigate through the criminal legal system and onto reentry, very little research is grounded in how those processes are directly connected to their health. Although some research argues that mass incarceration is a determinant of poor health, there is a lack of qualitative analyses from the perspective of Black men. Black men face distinct pathways that lead them into the criminal legal system, and these same pathways await them upon reentry. This study aims to examine the health implications associated with incarceration and reentry of …

Are Police Actions Towards African Americans Different From Other Races?, Colby King

Political Science Theses and Capstones

Research implies that African Americans and other minorities experience racial disparities in their encounters with police. Their white counterparts tend to not experience any racially driven disparity. Oftentimes this research does not use different characteristics while testing for racial disparity, leaving much more to be explored when researching police encounters among minorities. I will be using data from the United States Department of Justice, Bureau of Justice Statistics to test some of these characteristics. This study will test demographics regarding the citizens race and gender, as well as the nature of their police encounters. Using these demographics, we can find …

The Undeserving Rich: Can They Be Redeemed? Policy Options For Curbing Illegal Wealth, James F. Gilsinan, James E. Fisher, Muhammad Islam, Henry Ordower, Wassim Shahin

All Faculty Scholarship

Purpose – The purpose of this study is to examine the efficacy of various policy options for curbing the accumulation of illegal wealth and suggest ways to close the increasing wealth inequality gap.

Design/methodology/approach – The paper begins with a historical/literary analysis of the place of wealth in American Society and the ambivalent cultural attitudes toward wealth. Different policy approaches that seek to limit wealth inequality and the illegal accumulation of wealth are then examined. Finally, the current policy climate in the USA is reviewed to determine the likelihood of meaningful reform.

Findings – In Europe, the BASEL accords show …

Do Racial Stereotypes Contribute To Medical Misdiagnosis Of Child Abuse? Investigating Tunnel Vision In The Emergency Room, Cynthia J. Najdowski, Kimberly M. Bernstein, Katherine S. Wahrer

Psychology Faculty Scholarship

Despite growing recognition that misdiagnoses of child abuse can lead to wrongful convictions, little empirical work has examined how the medical community may contribute to these errors. Previous research has documented the existence and content of stereotypes that associate race with child abuse. The current study examines whether emergency medical professionals rely on this stereotype to fill in gaps in ambiguous cases involving Black children, thereby increasing the potential for misdiagnoses of child abuse. Specifically, we tested whether the race-abuse stereotype led participants to attend to more abuse-related details than infection-related details when an infant patient was Black versus White. …

From The Legal Literature: Criminalizing Propaganda: J. Remy Green’S Argument To Digitize Brandenburg, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.