Legal Studies Commons^™

Beyond Punishment: A Critical And Interpretive Phenomenology Of Accountability, Cameron Rasmussen

Dissertations, Theses, and Capstone Projects

State responses to interpersonal violence in the US have long been focused on punishment and prison. While opposition to punitive responses to interpersonal violence has been marginal, there are small but growing efforts to challenge the primacy of punishment and incarceration. In its place, different non-punitive approaches to justice have been practiced and promoted including restorative justice and transformative justice, which see accountability, not punishment, as a primary goal. Accountability has been theorized and researched largely from the perspective of survivors of harm, and there is limited research on the experiences of people who have caused harm and engaged in …

Understanding The Use Of Artificial Intelligence In Cybercrime, Katalin Parti, Thomas Dearden, Sinyong Choi

International Journal of Cybersecurity Intelligence & Cybercrime

Artificial intelligence is one of the newest innovations which offenders exploit to satisfy their criminal desires. Although understanding cybercrime that is associated with this relatively new technology is essential in developing proper preventive measures, little has been done to examine this area. Therefore, this paper provides an overview of the two articles featured in the special issue of the International Journal of Cybersecurity Intelligence and Cybercrime, one about deepfakes in the metaverse and the other about social engineering attacks. The articles were written by the winners of the student paper competition at the 2023 International White Hat Conference.

Victimization By Deepfake In The Metaverse: Building A Practical Management Framework, Julia Stavola, Kyung-Shick Choi

International Journal of Cybersecurity Intelligence & Cybercrime

Deepfake is digitally altered media aimed to deceive online users for political favor, monetary gain, extortion, and more. Deepfakes are the prevalent issues of impersonation, privacy, and fake news that cause substantial damage to individuals, groups, and organizations. The metaverse is an emerging 3-dimensional virtual platform led by AI and blockchain technology where users freely interact with each other. The purpose of this study is to identify the use of illicit deep fakes which can potentially contribute to cybercrime victimization in the metaverse. The data will be derived from expert interviews (n=8) and online open sources to design a framework …

Harnessing Large Language Models To Simulate Realistic Human Responses To Social Engineering Attacks: A Case Study, Mohammad Asfour, Juan Carlos Murillo

International Journal of Cybersecurity Intelligence & Cybercrime

The research publication, “Generative Agents: Interactive Simulacra of Human Behavior,” by Stanford and Google in 2023 established that large language models (LLMs) such as GPT-4 can generate interactive agents with credible and emergent human-like behaviors. However, their application in simulating human responses in cybersecurity scenarios, particularly in social engineering attacks, remains unexplored. In addressing that gap, this study explores the potential of LLMs, specifically the Open AI GPT-4 model, to simulate a broad spectrum of human responses to social engineering attacks that exploit human social behaviors, framing our primary research question: How does the simulated behavior of human targets, based …

Examining Remorse In Attributions Of Focal Concerns During Sentencing: A Study Of Probation Officers, Colleen M. Berryessa

International Journal on Responsibility

This research, using interviews with probation officers in the United States (n = 151) and a constant comparative method for analysis, draws from the focal concerns framework to qualitatively model a process by which probation officers use a defendant’s remorse to attribute focal concerns in order to guide their sentencing recommendations in pre-sentencing reports. The model suggests that officers use expressions of remorse to make attributions about mitigated criminal intention (blameworthiness and notions of responsibility), reduced dangerousness and a high potential for reform (community protection), and organization-level effects for increasing caseload efficiency and using correctional resources (practical effects of …

The (Im)Mobility Of Being: The Anti-Black And Colonial Roots Of Contemporary Policing, Korey Tillman

Sociology ETDs

Popular debates over policing often revolve around spectacular forms of police violence that grab national media attention. In this study, I examine the everydayness of contemporary U.S. policing and the antiblack and colonial roots that sustains its many forms. Drawing on three years of ethnographic fieldwork with a grassroots abolitionist organization and homeless service provider, and 23 interviews with Black adults across the U.S., I show how mundane policing serves as sites of racialization where the category of human is contested. I offer stops as an analytic to observe how these mundane forms of policing occur in places such as …

Offender Reintegration In Nevada: A Longitudinal Study Focusing On Transitional Challenges, Reentry Capital, And Recidivism, Carolyn S. Willis

UNLV Theses, Dissertations, Professional Papers, and Capstones

Offender reintegration (reentry) depends on offender motivation, public policies, community efforts, and resources provided through government and nonprofit sectors. As individuals are released from incarceration and reintegrate into the community, they are often dependent on resources provided by different service providers and the community. The role of the community is crucial as resources are oftentimes not accessible. Lack of employment and housing, mental health issues, substance abuse, and the inability to reestablish personal relationships diminish the prospects of successful reintegration and increase the chances of reincarceration. Reentry capital delivered through community-based programs addresses the transitional issues justice-impacted individuals encounter post-incarceration. …

People And Power: Person-First Language Usage And The Criminal Justice System, Casey E. Orr

Amplify: A Journal of Writing-as-Activism

Language is power. Word choice and terminology, especially those referring to people, are expressions of societal norms and institutional power. Dehumanizing crime-first terms and labels are abundant and common in criminal justice contexts despite being protested by system-involved individuals and activists. Instead, many advocate for person-first terms wherein identifying language emphasizes an individual’s humanity. With a peace-focused anthropological framework, this paper presents the case for person-first language in criminal justice contexts. It is evident that adopting first-person language usage regarding the criminal justice system is necessary after analyzing and considering the multiple sources, such as the voices of those who …

Aotearoa New Zealand, The Forcible Transfer Of Tamariki And Rangatahi Māori, And The Royal Commission On Abuse In Care, David B. Macdonald

Genocide Studies and Prevention: An International Journal

This article investigates to what extent the forcible transfer of tamariki and rangatahi Māori (Indigenous children and youth) in Aotearoa New Zealand can be considered genocide. First, I begin by exploring contemporary genocide theory as it relates to dolus eventualis in settler colonial contexts, before engaging with precedents for recognizing Indigenous genocides established by truth commissions in Canada (2015; 2019) and Australia (1997). I then explore the history around Indigenous child removal in Aotearoa from the onset of colonization to the present day, attentive to ways in which the UN Convention can apply to the forced removal of Māori children. …

Understanding Wellness In Law Enforcement: A Crisis, Phil Baebenroth

Doctorate in Education

This study investigates the perceptions of current licensed peace officers in Minnesota regarding reforming their profession. From 2017 to 2020, more police officers in the United States died by suicide than officers killed by gunfire, assaults, crashes, or accidents in the line of duty (Officer Down Memorial Page, 2023 & Blue H.E.L.P, 2023). These statistics present a wellness crisis in the policing profession that deserves immediate attention. There have been worldwide calls for changes in policing from people outside of law enforcement, but few incorporate the practical insights of police officers and even fewer are concerned with officer wellness aspects. …

“Prison Tiktok”: Incarcerated Life Shared On Social Media, Kayla Reid, Nicole Niebuhr

Qualitative Criminology (QC)

Different areas of the criminal justice system interact with social media, but not much is known about how those incarcerated may be using it. A thematic analysis of “Prison TikTok” videos was conducted in order to gain a better understanding of what those incarcerated are sharing. The most represented themes in the sample are performance, food, prison views, and pains of imprisonment. Performance and food demonstrate creativity within the sample, and highlight how those incarcerated may be looking for creative outlets. Prison and pains of imprisonment include the realities of life incarcerated, and contain messaging that those incarcerated may be …

Blowing In The Wind: Cannabis Legalization, Insiders, And Methodological Insights From British Columbia, Jon Heidt, Johannes Wheeldon

Qualitative Criminology (QC)

Legalizing cannabis in Canada has proven momentous in some ways and insufficient in others. This paper presents findings from a re-analysis of two studies on cannabis legalization conducted in British Columbia (B.C.) before and after legalization. Prioritizing public health over access appears to prolong stigmatization, complicate policing, and undermine efforts to disrupt illicit cannabis markets. We outline three contributions to the nascent post- prohibition cannabis research agenda. First, we demonstrate the potential for secondary data analysis (SDA) and model an approach to address recent concerns about this practice. Second, we show the value of insiders when assessing cannabis policy by …

“I’M Not Unemployed, I’M Unemployable”: Challenges Finding And Sustaining Work For People Requires To Register As Sex Offenders, Jennifer L. Wooldridge, Danielle J. S. Bailey

Qualitative Criminology (QC)

Many individuals convicted of a sexual offense (ICSOs) experience various collateral consequences due to registration requirements, including income loss, unemployment, harassment, social isolation, homelessness, and more. Finding employment post-conviction is a difficult endeavor for many reentering citizens with criminal records, but for ICSOs, the difficulty increases due to their label as sex offenders. When these individuals are unsuccessful in obtaining steady, living-wage employment, it can result in mental health impacts such as depression, hopelessness, and other reactions. This paper seeks to analyze participants’ emotional and mental health reactions to their direct experiences with employment struggles due to registration. What feelings …

Stroking Reflexivity Into Practice: The Pros And Cons Of Resorting To Gatekeepers To Conduct Qualitative Criminological Research, Gabriela Mesquita Borges, Ana Guerreirro, Leonardo Conde

Qualitative Criminology (QC)

Accessing research settings and participants can be deeply challenging for scientific research, especially when gatekeepers are involved. Gatekeepers are known to affect research through, among other reasons, their position inside institutions, their knowledge of the research topic, and their power over prospective participants. This article explores the methodological and ethical challenges that may arise from resorting to gatekeepers to access participants in qualitative criminological research. Using reflexive notes from the fieldwork of two doctoral research projects in criminology, this article emphasizes the central role gatekeepers can assume in qualitative research regarding gaining access to participants for a study and conducting …

Dying In Prison: End-Of-Life Care Services In A State Correctional Facility, Brook Cooley Webb, Mollee K. Steely Smith, Tusty Ten Bensel

Qualitative Criminology (QC)

The aging inmate population in American prisons has noticeably increased, contributing to a more significant number of offenders who will die in prison, thus forcing correctional facilities to aid in caring for prisoners at the end of life. Two common responses have emerged to deliver adequate healthcare to inmates, including hospice programs and End-of-Life (EOL) care services. This study aimed to explore the nature of EOL care in a state prison by interviewing correctional administrators, correctional officers, and relevant medical personnel (N=17). The current study provided insight into the inclusion criteria for inmates who utilized EOL care in the prison …

The Punitive Laboratory Of Neoliberalism: A Cross-National Examination, Beth A. Fera

Dissertations, Theses, and Capstone Projects

A large body of research has been produced to explain global punitive trends in recent decades. Neoliberalism, an economic philosophy expressed by market deregulation, privatization, and the retrenchment of social supports, has been offered as an explanation for increases in cross-national punitiveness. According to neoliberal penality theory, neoliberalism has shifted principles guiding punishment practices and the treatment of offenders, which has resulted in harsher national responses to crime. However, many tenets of this theory have not yet been tested empirically. Drawing heavily on propositions from neoliberal penality, group-threat, and penal populism literature, this dissertation examines the relationship between economic shifts, …

A Multifaceted, Non-Militarized Approach To Security Dynamics In Protected Areas: From Foot Patrols, To Tourism, And Local Communities, Monique Sosnowski

Dissertations, Theses, and Capstone Projects

A wide range of interventions have been implemented to reduce wildlife poaching incidents across the globe. These include community-based strategies, such as the development of alternative livelihoods; legal strategies, such as the development of legal frameworks at local, regional, and international levels; and wildlife law enforcement efforts, such increasing patrolling efforts. While community-based and legal strategies generally attempt to reduce the motivating factors surrounding the commission of crimes, wildlife law enforcement further attempts to prevent crimes from happening, assuming that someone will always be inclined. Given this inevitability, the question is raised regarding how to best reduce the occurrence of …

The Relationship Between Social Mobilization, Crime, And Crime Control: A Longitudinal Analysis Of 900 Cities In The U.S. Between 1964-1995, Erin R. Coleman

Sociology ETDs

This dissertation explores the longitudinal relationships between social mobilization, crime, and crime control. The dataset used to explore these relationships combine Uniform Crime Report (UCR) data on crimes known to the police and crime clearances by arrest with decennial census data and data on reported social mobilization events reported in the New York Times between 1964-1995. The data include information from all these sources for over 900 cities in the U.S. Analyses model violent and property crime counts, and well as clearance by arrest rates in the month after the social mobilization events. Results show that social mobilization is often …

Problem Gambling, General-Strain Theory, And Gender, Michelle Malkin

International Conference on Gambling & Risk Taking

Prior research identified a host of factors that increase the likelihood that an individual will become a problem gambler, most of which would be identified by criminologists as “strains” under the framework of General Strain Theory (GST). Yet, GST has not been widely used as a possible explanation for why people become problem gamblers. In addition, there has been little examination of how gender interacts with those variables to affect problem gambling. In this research, I display how propositions from GST provide a framework for understanding why people become problem gamblers and whether gender is a moderating factor in this …

Rights That Are Not Guaranteed: Failures Of Government Policy On Homelessness, Jeffrey Kaspraw

Themis: Research Journal of Justice Studies and Forensic Science

Since the 1980s, the rising number of homeless people has caused the problem to become a significant political issue. Politicians have made promises in their campaigns to solve the emergency every election cycle. Most of these campaign promises never come to fruition, and we see a continuing rise in homelessness. This paper examines the political context of housing insecurity to argue that housing is a human right, and that homelessness is a failed policy decision. Homelessness comes in four different forms that all require individual attention. The current policies aimed to address homelessness cannot be one size fits all. While …

Stigma Of Incarceration And Motivation Of Undergraduate Students For Service-Learning, Kapil Sharma

Themis: Research Journal of Justice Studies and Forensic Science

Incarceration can be a long-lasting, stigmatizing life event that significantly impacts one's life and limits ex-offenders in various aspects of their life. The impact of widespread criminal records can obstruct reentry, economic stability, and full participation in society, whether minor, major, old, or new. The study aims to explore the stigma attached to incarceration and the motivation of undergraduate students for Service-Learning. Based on responses from three semi-structured interviews with students interns of the Records Clearance Project of San Jose State University, it was evident that after completing their sentences, ex-offenders come into many barriers that may prevent them from …

The Perpetuation Of Racial Inequalities In The Criminal Justice System, Chloe Bessette

Themis: Research Journal of Justice Studies and Forensic Science

The criminal justice system is not necessarily just and is particularly unfair towards Black Americans. The research shows that they face discrimination in every step of the justice system, from initial arrest to sentencing. Many peer-reviewed sources were analyzed in order to compile the evidence that supports that claim, and what follows is a summation of that research. This paper succinctly proves, using facts, that discrimination and racism still run rampant in the American justice system. These facts include an over 50% higher chance of being killed during an arrest, five times as likely to be incarcerated, three times as …

Child Abuse, Mental Illness, And Opioid Use Disorder: Exploring Correlations Through Accounts Of Those In Treatment, Olivia A. Belitsos

Senior Honors Projects

No abstract provided.

Effects Of Witnessing Terrorist Attacks On Perceived Causes Of Terrorism And Support For Security Measures, Austin Trevor Sullivan

Open Access Theses & Dissertations

The following research aims to understand how individuals who were aware of, and affected by, terrorist attacks at the time they took place perceive the causes of terrorism and support security measures. It is hypothesized that the extent to which one â??witnessedâ?? attacks characterized by more traditional forms of terrorism, such as bombings and religiously motivated and affiliated perpetrators (Wave four), versus new forms of terrorism, such as shootings and lone wolves (Wave five), would be affected by the age of the witness. This research proposes an indirect pathway from age to "witnessing" terrorist attacks to attributions for the attacks …

Exploring The Mediating Link Between Stressful Life Events, Adverse Psychological Effects, And Ipv Victimization, Valeria Torres-Rivera

Open Access Theses & Dissertations

Purpose: Research has established that violent victimization is influenced by a variety of life events and psychological effects. However, limited research has examined this relationship with a specific type of victimization, such as intimate partner violence (IPV). To fill this gap in the literature, this study aims to test whether stressful life conditions induce adverse psychological effects on a person, which then may lead to IPV victimization. Methods: To test this, a series of regression analyses are conducted. Data from the American subsample of the International Dating Violence Study (n = 4,162) are analyzed to test the link between stressful …

Dynamic Risk Trajectories, Community Context, And Juvenile Recidivism, Kevin T. Wolff, Michael T. Baglivio, Jonathan Intravia

Publications and Research

Purpose

While the implementation of risk assessment has expanded, the extent to which there are different trajectories of risk/protective factors among adjudicated youth during supervision in the community remains unanswered. The goal of the current study is to identify the distinct trajectories in dynamic risk and protective factors among youth on probation and assess whether different patterns in risk over time are associated with continued offending.

Method

Group-based trajectory modeling is used to identify distinct trajectories across multiple domains of risk/need. The individual- and neighborhood-level factors associated with these trajectories are then explored, prior to examining their relationship to continued …

The Myth Of Perfection: Charting The Rhetoric Of Veteran Disability For A Course To Stability, Nicholas Rader

All Dissertations

This dissertation rhetorically analyzes discrimination in Western institutional discourses and documentation procedures, such as architectural texts and procedures, through a historiographic lens. An analytical methodology will be offered to show how discrimination of intersectional bodies is historically informed and reaffirmed by the manipulation of Western myths and mythos. Specifically, by mapping navigational mathematics and cartographic methods over rhetorical, architectural, and historiographic theory, it will be shown how the manipulation of Western myths establishes and reifies patriarchal discrimination that eventually fissions into eugenicist logics in nineteenth and twentieth century France, England, and the United States. In modernity, the practice of manipulating …

Supervision In The Digital Age: Online Sexual Solicitation Of Children And Youth, Kaitlyn Taylor Swanberg

UNLV Theses, Dissertations, Professional Papers, and Capstones

Since the creation of the internet, offenders have been using cyberspace as a means to solicit children and adolescents for sexual content. With children having unrestricted access to the internet at an earlier age than ever before, it is crucial for academics to better understand the digital world in order to protect children online. This study aims to understand the relationship between internet activities, age, and online sexual solicitation largely using an environmental criminology framework, utilizing the Routine Activities Theory by Cohen and Felson (1979) and Target Congruence Theory by Finkelhor and Asdigian (1996). The sample of this study consisted …

The In/Visible Stockade: Sex Offender Management, Governmentality, And The Search For Normal Life, Christopher Wakefield

UNLV Theses, Dissertations, Professional Papers, and Capstones

Over the past thirty-five years, the United States has seen a dramatic expansion of regulatory policy around individuals convicted of sexual offenses. Sex offender management policies include national and state registries, notification laws, treatment mandates, residency restrictions, and numerous exclusions from institutions. A growing body of research from sociologists and criminologists has tracked the effects of this sex offender regime by measuring recidivism and collateral consequences among released offenders. Less attention has been paid to how sex offenders adapt to their regulator context—especially the selective public visibility that the registry generates. Furthermore, sociological scholarship has not yet developed strong theoretical …

Finish This Over Drinks? A Study Of Sexual Harassment Perceptions, Hannah E. Barti

UNLV Theses, Dissertations, Professional Papers, and Capstones

The awareness of sexual harassment has been growing within the workplace, in the home, and within public areas. The #MeToo movement has shined light on this issue in recent years. This study aimed to understand how college students perceive sexual harassment within three scenarios: a music student and their teacher, two coworkers, and between an academic advisor and an adult student. This study included 531 responses from a diverse student population at a Southwest university. Consistent with previous findings, women were more likely to recognize sexually harassing behaviors. There were no significant gender differences in blame attribution in any of …