Legal Studies Commons^™

Prospective Prediction Of Juvenile Homicide/Attempted Homicide Among Early-Onset Juvenile Offenders, Michael T. Baglivio, Kevin T. Wolff

Publications and Research

While homicide perpetrated by juveniles is a relatively rare occurrence, between 2010 and 2014, approximately 7%–8% of all murders involved a juvenile offender. Unfortunately, few studies have prospectively examined the predictors of homicide offending, with none examining first-time murder among a sample of adjudicated male and female youth. The current study employed data on 5908 juvenile offenders (70% male, 45% Black) first arrested at the age of 12 or younger to prospectively examine predictors of an arrest for homicide/attempted homicide by the age of 18. Among these early-onset offenders, males, Black youth, those living in households with family members with …

Collective Litigation Of Environmental Rights In Colombia: An Empirical Study, Ángela María Páez-Murcia, Everaldo Lamprea-Montealegre, Catalina Vallejo-Piedrahita

Public Administration Faculty Research

This paper presents the results of an empirical study that systematized environmental judicial opinions handed down by Colombia’s highest administrative Court —Consejo de Estado— over a 17-year period (1998-2015). Thanks to a research grant, the authors and a team of coders systematized, using state-of-the art content analysis methodologies, more than 250 opinions handed down by Colombia’s highest administrative Court. The results presented in this paper show the most important trends of collective environmental litigation in Colombia: types of plaintiffs and defendants; type of environmental resources involved in the case; plaintiffs’ success rates; most litigious regions and cities; overall effects of …

Crime Stats Should Inform The Public: Trump Is Misusing Them To Scare Us Instead, Philip M. Stinson

Criminal Justice Faculty Publications

No abstract provided.

Murray Energy Corporation V. Mccarthy, Sarah M. Danno

Public Land & Resources Law Review

Holding that the widespread effects of environmental regulation on the coal industry constituted sufficient importance, the Northern District of West Virginia ordered the Environmental Protection Agency to conduct analysis on employment loss and plant reduction resulting from regulatory effects. In admonishing the EPA’s inaction, the court ruled that the Agency had a non-discretionary duty to evaluate employment and plant reduction. Furthermore, the court held that the EPA’s attempt to put forth general reports in place of required evaluations was an invalid attempt to circumvent its statutory duty.

Calvin Massey, Gentleman Farmer, Evan Tsen Lee

The University of New Hampshire Law Review

[Excerpt] “So much of Calvin’s work was intelligible as work about freedom and independence, preventing aggregations of government power that threatened individual freedom. Calvin didn’t love federalism because he had a romanticized view of statehood, he believed in it because he thought centralized power in the federal government was a bigger threat to individual freedom than states were. In most states, a tin-pot governor and amateur hour legislators just aren’t going to be as effective at coercing beliefs as an Executive Branch that contains the U.S. Treasury, the Justice Department, the FBI, and the CIA, not to mention the Pentagon …

Risk Assessment In Criminal Justice, Kris R. Henning, Ryan M. Labrecque

Criminology and Criminal Justice Faculty Publications and Presentations

Presentation focuses on risk assessment in criminal justice

Vocational And Life Skills Monthly Data Update: February 2017, Uno Nebraska Center For Justice Research, Johanna Peterson

Reports

Grantees use an online data management system to submit data on participants served under their Vocational and Life Skills programming. This data is due monthly and reflects all services provided during the previous month to participants. Evaluators at the Nebraska Center for Justice Research work with grantees directly to correct any data errors on an ongoing basis during monthly update calls and site visits.

Data presented below is from the monthly data pulls. Because this data comes for an active database with live data being entered and updated daily, data, including previously submitted information, may fluctuate depending on changes made …

Bibliography, Editorial Board

The University of New Hampshire Law Review

This bibliography is a comprehensive list of all of Professor Calvin Massey’s scholarship. Unless otherwise indicated, each title was written exclusively by Professor Massey. We have not, however, included every edition of each title; rather, where multiple editions were published, we reference only the first edition. We have also omitted supplements written by Professor Massey to his own casebooks.

Symposium Presenters, Editorial Board

The University of New Hampshire Law Review

Listing of symposium presenters and their institutional affiliation.

Why I So Enjoyed Learning With And From Calvin Massey, Vikram David Amar

The University of New Hampshire Law Review

[Excerpt] “I am pleased and proud to participate in this tribute to Calvin Massey, with whom I had the pleasure to work and play for about two decades. When I think of Calvin—and I think of him often—I think of a generous friend, a gregarious colleague and a genuinely good man. He possessed many admirable traits, but today I want to focus on three: (1) his breadth; (2) his independent mind; and (3) his thoughtfulness.”

Calvin Massey: Gentleman And Scholar, Ashutosh Bhagwat

The University of New Hampshire Law Review

I first met Calvin Massey in person in 1994, when I joined the U.C. Hastings faculty. However, I knew of and admired Calvin’s scholarship long before that. Six years earlier, I was a law student at the University of Chicago, and a student editor at the law review. In that role, I helped cite-check and edit a major article authored by Calvin, as well as a series of short responses by Calvin and other scholars, debating the meaning and scope of the Eleventh Amendment to the U.S. Constitution. I was struck then, and continue to be amazed, by the clarity, …

The Fear Factor: Exploring The Impact Of The Vulnerability To Deportation On Immigrants' Lives, Shirley P. Leyro

Dissertations, Theses, and Capstone Projects

This qualitative study explores the impact that the fear of deportation has on the lives of noncitizen immigrants. More broadly, it explores the role that immigration enforcement, specifically deportation, plays in disrupting the process of integration, and the possible implications of this interruption for immigrants and their communities. The study aims to answer: (1) how vulnerability to deportation specifically impacts an immigrant’s life, and (2) how the vulnerability to deportation, and the fear associated with it, impacts an immigrant’s degree of integration. Data were gathered through a combination of six open-ended focus group interviews of 10 persons each, and 33 …

The Legitimacy Of Global Legal Governance: Institutional Power And Human Rights Bias In International Criminal Justice, Martin J. Burke

Dissertations, Theses, and Capstone Projects

As global legal governance institutions exercise increasing coercive power, including through the prosecution and incarceration of individuals, such institutions require greater legitimacy. An essential but often overlooked source is the right of the accused in mass-atrocity trials to effective legal protection, which constitutes a “legal legitimacy” based on liberal norms of criminal justice. The two most important sources of legal legitimacy are: “legality,” that is, the non-retroactive enforcement of crimes and punishment; and “defense parity,” institutional and procedural guarantees of substantive equality between the defense and prosecution before and during trial. The dissertation argues that the implementation of defendant rights …

Capitalism And Unfreedom: Louis D. Brandeis And A Liberty Of The Left, Eric L. Apar

Dissertations, Theses, and Capstone Projects

The American Right features a well-developed—and well-heeled—infrastructure for promoting a conception of freedom as inextricable from capitalism. The American Left, by contrast, has seemed content to cede the territory, abandoning the ground of freedom for the terrain of “equality,” “justice,” “fairness,” and “prosperity.” This paper is an effort to address this asymmetry in the public discourse over the meaning of freedom. Its principal objective is to capture the vision of freedom embodied in the political and economic thought of Louis D. Brandeis, one of the American Left’s ablest expositors of freedom.

In addition, the paper has three subsidiary objectives. The …

Masculinity And Disproportionate Risk Of Contact With The Criminal Justice System: Findings From A Select Sample Of Low-Income Black Males In New York City, Michael G. Pass

Dissertations, Theses, and Capstone Projects

Official statistics document that Black males experience disproportionate contact with the criminal justice system (CJS). Existing theory and research suggest that this contact may be attributed to unique attributes of Black masculine behavior. Utilizing a meta-analysis of Black masculinity studies and content analysis of narratives from a select sample of Black males, ages 19-50, the current study examines the similarities and differences between the construction and performance of normative or traditional masculinity, as measured by Mahalik et als’ CMNI and the attributes of Black masculinity as defined in the literature. A goal of the study was to assess whether Black …

Implementing Restorative Justice Under The Retributive Paradigm: A Pilot Program Case Study, Patrick Gerkin, John Walsh, Joseph Kuilema, Ian Borton

Open Access Publishing Support Funded Articles

This article explores the implementation of a pilot program in restorative justice in a medium-sized Midwestern city. Through an examination of meeting minutes, interviews, and the personal reflections of the authors, this article examines the implementation of a victim–offender mediation program, referred to throughout the article as the Fast Track Accountability Program (FTAP). Presented as a case study, the authors describe the key stakeholders, the process, the obstacles, as well as lessons learned along the way. Particular attention is given to the essential role of strong leadership and to the challenges faced when implementing such a program within the bureaucracy …

Ideology, Race, And The Death Penalty: "Lies, Damn Lies, And Statistics" In Advocacy Research, Anthony Walsh, Virginia Hatch

Journal of Ideology

We use the literature on race in death penalty to illustrate the hold that ideology has on researchers and journalists alike when a social issue is charged with emotional content. We note particularly how statistical evidence become misinterpreted in ways that support a particular ideology, either because of innumeracy or because—subconsciously or otherwise—one’s ideology precludes a critical analysis. We note that because white defendants are now proportionately more likely to receive the death penalty and to be executed than black defendants that the argument has shifted from a defendant-based to a victim-based one. We examine studies based on identical data …

Quantitative Analysis Of Opioids And Cannabinoids In Wastewater Samples, Alethea Jacox, Jillian Wetzel, Shu-Yuan Cheng, Marta Concheiro-Guisan

Publications and Research

Wastewater-based epidemiology is an innovative approach that uses the analysis of human excretion products in wastewater to obtain information about exposure to drugs in defined population groups. We developed and validated an analytical method for the simultaneous determination of opioids (morphine, oxycodone, hydrocodone, oxymorphone and hydromorphone), and cannabinoids (Δ⁹-tetrahydrocannabinol, 11-nor-9-carboxy-tetrahydrocannabinol (THCCOOH) and THCCOOH-glucuronide) in raw-influent wastewater samples by ultra-high performance liquid chromatography-tandem mass spectrometry. Method validation included linearity (5–1 000 ng/L for opioids, 10–1 000 ng/L for cannabinoids), imprecision (<21.2%), accuracy (83%–131%), matrix effect (from –35.1% to –14.7%) and extraction efficiency (25%–84%), limit of detection (1–5 ng/L) and quantification (5–10 ng/L) and auto-sampler stability (no loss detected). River and wastewater samples were collected in triplicate from different locations in New York City and stored at −20 °C until analysis. Water from sewage overflow location tested positive for morphine (10.7 ng/L), oxycodone (4.2–23.5 ng/L), oxymorphone (4.8 ng/L) and hydromorphone (4.2 ng/L). Raw influent wastewater samples tested positive for morphine (133.0–258.3 ng/L), oxycodone (31.1–63.6 ng/L), oxymorphone (16.0–56.8 ng/L), hydromorphone (6.8–18.0 ng/L), hydrocodone (4.0–12.8 ng/L) and THCCOOH (168.2–772.0 ng/L). This method is sensitive and specific for opioids and marijuana determination in wastewater samples.

Trauma-Informed Care And The Juvenile Justice System, Sesha Kethineni

Contemporary Issues in Juvenile Justice

No abstract provided.

A Current And Increasing Problem Of Anti-Social Behavior Via Anonymity Using Electronic Mediums Demanding Recognition As A Biophsychosocial Disorder That Perpetuates Criminal Behavior Online, Hannah Wood Despres

Regis University Student Publications (comprehensive collection)

Most people who commit crime fall into a classification of criminological, sociological or psychological disorders called biopsychosocial disorders. Cyber-crime is unique in the fact that, cyber criminals can commit crimes behind completely closed doors and they are virtually anonymous. This makes for a varied environment of theory on the causation of cyber-crimes. The proposed disorder theory, computer mediated anonymity asocial disordered theory, is based on the notion that the anonymous nature of electronic mediums in communication has significantly changed people’s interpersonal skills. The change in interpersonal development is therefore affecting social engagement behavior online and has allowed a lack of …

A Qualitative Study Of Recent And Existing Research Into The Problem Of Prostitution To Determine Whether Sufficient Research Has Been Done To Analyze Steps That Can Be Developed To Successfully Reduce The Demand Of Prostitution Among Men In The 25 To 40 Age Range., Amber Avery

Regis University Student Publications (comprehensive collection)

This research examines the existing data in order to determine if there is sufficient criminological, sociological, and academic research done that can develop way

to reduce the demand of prostitution. Seeking to use different ways to reduce the demand for prostitution, it is found that legalization, strict enforcement of legal norms, and a number of public shaming ideas could very well be useful. Men between the ages of 25 to 40 are the highest solicitation age group, these men make up a majority of the statistics. Survey information from StatisticBrain (2016) and Roeben (2015) are utilized to demonstrate the attitudes …

Child Sex Tourism And The Lack Of Deterrence That Drives The Problem, Ian Voelkel

Regis University Student Publications (comprehensive collection)

Child sex tourism is a transnational issue that has grown over the past 30-years. The international community has taken numerous steps in the prevention of child sex tourism; however, there is a severe lack of statistics, research, and empirically driven data that could help deter the problem. This exploratory study will use random probability selection in an online survey to explore whether a certain level of deterrence can affect an individual’s rational choice in practicing child sex tourism. By utilizing a quantitative methodology this study will identify whether an individual’s knowledge of the legality of child sex tourism affects their …

Lessons From The Field: Kinship As An Intervention (Library Resources), Holy Cross Libraries

Library Resources for Campus Events

A bibliography of resources available through the Holy Cross Libraries which provide additional information related to “Lessons from the Field: Kinship as an Intervention,” a lecture by Rev. Gregory Boyle, S.J., founder and executive director of Homeboy Industries, held at the College of the Holy Cross on February 6, 2017.

Homeboy Industries is the largest gang intervention, rehabilitation and re-entry program in the world

The Use Of Raman Spectroscopy For The Identification Of Forensically Relevant Body Fluid Stains, Tyler Schlagetter, Claire L. Glynn, Brooke Weinger Kammrath

Forensic Science Publications

Raman spectroscopy is fast becoming a popular technique in the forensic science discipline, and more recently its focus has turned to biological samples. This study reveals the ability of Raman spectroscopy to identify some forensically relevant body fluids, both individually and within mixed samples, that can be crucial in some forensic investigations. This study also further demonstrates the capabilities of Raman as a means for human blood identification in simulated crime scene samples to include bloodstains on a variety of fabrics, at varying dilutions, following laundering, and with the use of various blood-enhancement reagents. The impact of washing and blood-enhancement …

Changes In J-Soap-Ii And Savry Scores Over The Course Of Residential, Cognitive-Behavioral Treatment For Adolescent Sexual Offending, Jodi L. Viljoen, Andrew L. Gray, Catherine Shaffer, Natasha E. Latzman, Mario Scalora, Daniel Ullman

Department of Psychology: Faculty Publications

Although the Juvenile Sex Offender Assessment Protocol–II (J-SOAP-II) and the Structured Assessment of Violence Risk in Youth (SAVRY) include an emphasis on dynamic, or modifiable factors, there has been little research on dynamic changes on these tools. To help address this gap, we compared admission and discharge scores of 163 adolescents who attended a residential, cognitive-behavioral treatment program for sexual offending. Based on reliable change indices, one half of youth showed a reliable decrease on the J-SOAP-II Dynamic Risk Total Score and one third of youth showed a reliable decrease on the SAVRY Dynamic Risk Total Score. Contrary to expectations, …

Moral Disengagement In Legal Judgments, Tess M. S. Neal, Robert J. Cramer

Community & Environmental Health Faculty Publications

We investigated the role of moral disengagement in a legally-relevant judgment in this theoretically-driven empirical analysis. Moral disengagement is a social-cognitive phenomenon through which people reason their way toward harming others, presenting a useful framework for investigating legal judgments that often result in harming individuals for the good of society. We tested the role of moral disengagement in forensic psychologists' willingness to conduct the most ethically questionable clinical task in the criminal justice system: competence for execution evaluations. Our hypothesis that moral disengagement would function as mediator of participants' existing attitudes and their judgmentsa theoretical bridge between attitudes and judgmentswas …

Editorial, Jane L. Ireland, Robert J. Cramer

Community & Environmental Health Faculty Publications

We commence this edition with an invited paper by David DeMatteo, Suraji Wagage, and Jaymes Fairfax-Columbo on cyberstalking. Their paper considers the role of law and public opinion in this rapidly evolving area of study. One of the most interesting findings represents the difference between public opinion and the legal concept of cyberstalking; public opinion does not support the (legal) suggestion that cyberstalking should be considered alongside more general stalking. This reflects a move in the literature more generally that considers cybercrime distinct in many ways from contact offending. Indeed, it parallels considerably with the cyberbullying literature, which some would …

Van Oster V. Kansas And The Unconstitutionality Of Civil Forfeiture, Thomas Senst

Undergraduate Review

The purpose of this paper is to illustrate the contradictory nature of civil forfeiture through a case analysis of Van Oster v. Kansas and compare the precedent established in this case to current civil forfeiture laws. This case has not received the proper attention that it deserves in civil forfeiture scholarly literature. Van Oster represents a case in which the Supreme Court upheld civil forfeiture, yet the internal logic of their justification suggests that civil forfeiture is unconstitutional. Additionally, this paper will conceptualize judicial dictions and opinions delivered by Justice Brandeis and Justice Holmes, who both served on the Supreme …

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.

Drop (Drone Open Source Parser) Your Drone: Forensic Analysis Of The Dji Phantom Iii, Devon R. Clark, Christopher S. Meffert, Ibrahim Baggili, Frank Breitinger

Electrical & Computer Engineering and Computer Science Faculty Publications

The DJI Phantom III drone has already been used for malicious activities (to drop bombs, remote surveillance and plane watching) in 2016 and 2017. At the time of writing, DJI was the drone manufacturer with the largest market share. Our work presents the primary thorough forensic analysis of the DJI Phantom III drone, and the primary account for proprietary file structures stored by the examined drone. It also presents the forensically sound open source tool DRone Open source Parser (DROP) that parses proprietary DAT files extracted from the drone's nonvolatile internal storage. These DAT files are encrypted and encoded. The …