Legal Studies Commons^™

Deconstructing “Deviance” And “Disorder” As Systems Of Domination: Chicago Public Schools As A Case Study Of The Effects Of Zero Tolerance Discipline Policies On Educational Outcomes In Us Schools, Maya Kaul

Pomona Senior Theses

The rise of “zero tolerance” discipline practices in US primary and secondary schools has become increasingly well documented by the media and empirical studies. Despite the extensive scholarship that has emerged from these conversations, many of these analyses are limited in their scope and do not connect the phenomena of zero tolerance in schools to the diverse, shifting forces at play within American politics and policy today. As such, the goal of this work is to synthesize ideas about zero tolerance across disciplines by integrating historical thought, philosophical frameworks of punishment, shifting policy goals within the US education system, the …

Static-99, Mnsost-R, And Pcl-R In Predicting Recidivism Among Texas' Sexual Violent Predators, Diana Jefferson Jefferson

Walden Dissertations and Doctoral Studies

Recidivism within the sexually violent predator (SVP) population has gained worldwide attention because of the lack of protection offered to the victims that may lead to loss of life. Behavioral theory suggests that accuracy of predictive behaviors based on empirical judgement is more reliable than that based on clinical judgement. The purpose of this research was to see whether three actuarial assessment tools, Static-99, PCL-R, and MnSOST-R, could predict recidivism and whether the combination of the three-increased predictive value in the Texas SVP population. As yet, the literature provides no evidence. The Texas Open Record System provided assessment scores and …

Law Enforcement Officer Knowledge Of Mental Illness, Nashira Funn

Walden Dissertations and Doctoral Studies

Media and activist groups have recently exposed the problem of negative interactions between law enforcement officers and civilians. Many of these civilians have a mental illness. Various researchers attribute these negative interactions to insufficient officer knowledge of mental illness due to a lack of training, education, and personal experiences. Very little research addresses how insufficient knowledge of mental illness may influence interactions. The purpose of this phenomenological study was to explore and analyze self reported law enforcement knowledge using Malcolm Knowles' conceptualization of adult learning theory and andragogy as the theoretical framework. This framework bases self-directed learning/training on a needs …

Keeping The Children: Nonviolent Women Offenders In Two Michigan Residential Programs, Denise Smith Allen

Walden Dissertations and Doctoral Studies

Seventy-five percent of women offenders confined to prison, jails, or residential treatment programs are custodial parents of minor children at the time of their separation. Little is known, though, about how prosocial networks are used to address the effects of separation from children. Using Bui and Morash's conceptualization of the theory of gendered pathways, the purpose of this phenomenological study was to better understand, from the perspective of incarcerated women, the experience of using prosocial networks to cope with the effects of separation. Data were collected through interviews with 10 mothers from 2 residential treatment programs in Michigan. Interview data …

Common Psycholinguistic Themes In Mass Murderer Manifestos, Laura E. Hamlett

Walden Dissertations and Doctoral Studies

Mass murder in the United States is increasing, yet understanding of mass murderers is still relatively limited. Many perpetrators compose manifestos, which include journals, blogs, letters, videos, and other writings. Previous research has indicated that personal messages are of great social and psychological importance; however, there remains an important gap in the current literature regarding studies specific to these manifestos. As such, the purpose of this qualitative multiple case study was to provide greater understanding of mass murderers' motives and mindsets through psycholinguistic analysis of their recorded words. The constructivist conceptual framework enabled gathering, analyzing, interpreting, and reporting thematic language …

Offender Recidivism: A Quantitative Study Of Motivational Risk Factors And Counseling, Nazak Dadashazar

Walden Dissertations and Doctoral Studies

The prison system releases over 590,000 inmates annually, adding to the current 5 million ex-offenders on supervised release. The purpose of this study was to explore the problem of increasing recidivism by identifying ex-offenders' dynamic risk and criminogenic need factors using the Level of Service Inventory-Revised (LSI-R), coupled with or without mental health services during reentry in relation to recidivism. This quantitative, nonexperimental, cross-sectional study included data collected from a sample of 128 male recidivist and nonrecidivist federal ex-offenders currently on supervised release, who were recruited during probation office meetings within the South Texas region. Regression analysis yielded statistical significance …

A Policy Evaluation: Comparing Levels Of Police Injuries Associated With The Use Of Less-Lethal Instruments In Law Enforcement - Conducted Energy Devices Vs. Other Less-Lethal Instruments, Lydia Denise Adkins

Walden Dissertations and Doctoral Studies

Police officers continue to sustain injuries during close proximity encounters with non-compliant and combative suspects. The purpose of this quasi-experimental study was to examine whether the use of less-lethal instruments, such as conducted energy devices, oleoresin capsicum, impact batons, and hands/feet defensive tactic reduced police officer injury during confrontations with uncooperative suspects at a medium-sized police department in a southern state. Fichtelberg's democratic policing was used as the theoretical framework for this study. Data were acquired from Suspect Resistant Reports (n = 409) written by police officers over a 10-year period (1/05 - 12/14). The dependent variable was police officer …

Investigating Individual Pathways To Recovery, Mackenzie R. Mcbride

College of Graduate Studies: Theses & Dissertations

Drug use is most prevalent among young adults between ages 18 and 24; this is just one factor that contributes to the high rates of substance use on college campuses. Collegiate recovery programs (CRPs) have been growing in number, awakening the “youth in recovery” movement. This paper presents literature on various tools and elements of recovery, with a focus on CRPs and their significance. This study aims to fill the knowledge gap by examining individual pathways to recovery and learning about the characteristics of students participating in CRPs, including their life events and decisions to seek treatment. Semi-structured interviews were …

A Replication Study: 20 Years Later Correctional Officers: How Do They Perceive Sexual Offenders?, Kimberlie Massnick

Theses and Dissertations

Correctional officers represent a large, influential group working within the criminal justice system; as such they have long attracted the interest of social scientists. These professionals, their attitudes towards inmates and the impact of these attitudes, have received scrutiny, especially since Zimbardo’s (1973) study of a mock prison, commonly referred to as the Stanford Prison Experiment. When compared to other professionals within the criminal justice system, correctional officers are often the least empathic, the most punitive, and the least supportive of rehabilitation. These potential attitudes this is unfortunate since correctional officers are ideally placed to improve the social atmosphere of …

Sex Offender Policies That Spin The Revolving Door: An Exploration Of The Relationships Between Residence Restrictions, Homelessness, And Recidivism, Deanna Cann

Theses and Dissertations

Within the past two decades, a variety of specialized sex offender legislation has been implemented across the United States. Typically brought about in attempt to ebb the societal disquiet after notorious sexual assault cases are sensationalized in the media, these policies appear to be based on faulty assumptions, and lack any evidence-based foundation. In fact, empirical research suggests that policies such as sex offender registration, community notification, and residence restrictions do little to prevent sexual offending, and may actually work to increase the risk of these events through a number of collateral consequences. The current study critically examines the rationale …

Inmate Time Utilization And Well-Being, Mateja Vuk

Theses and Dissertations

Qualitative studies about prison culture and examinations of correctional recreation and programming offer a comprehensive understanding of prisons’ social dynamics, including how individuals spend their free time while incarcerated. Theoretical models and the extant research suggest that involvement in structured and prosocial activities is associated with positive behavioral and emotional outcomes in offenders. However, the majority of studies that provide the empirical evidence for these conclusions do not examine all aspects of time utilization explicitly or do not provide statistical evidence of the strength and significance of the associations. Additionally, many of these investigations are dated.

To address these gaps, …

Comparing The Risk Factors Of Recidivism For Offenders With And Without Mental Illness, Meghan J. Mahoney

Master's Theses

This study examined which risk factors were predictive of recidivism among inmates released from Illinois Department of Corrections (IDOC) who had no mental illness, a non-substance abusing mental illness (non-SUD MI), a substance use disorder (SUD), or a co-occurring mental illness and substance use disorder (COD). The predictors of being returned to prison or being rearrested for a violent, property, or drug crime were compared across these four groups. A secondary data analysis was conducted on data obtained by Olson, Stalans, and Escobar (2016) for a study examining the predictors of recidivism for inmates released from IDOC in 2007. Logistic …

Leveraging The Srtp Protocol For Over-The-Network Memory Acquisition Of A Ge Fanuc Series 90-30, George Denton, Filip Karpisek, Frank Breitinger, Ibrahim Baggili

Electrical & Computer Engineering and Computer Science Faculty Publications

Programmable Logic Controllers (PLCs) are common components implemented across many industries such as manufacturing, water management, travel, aerospace and hospitals to name a few. Given their broad deployment in critical systems, they became and still are a common target for cyber attacks; the most prominent one being Stuxnet. Often PLCs (especially older ones) are only protected by an outer line of defense (e.g., a firewall) but once an attacker gains access to the system or the network, there might not be any other defense layers. In this scenario, a forensic investigator should not rely on the existing software as it …

'What Do I Do With The Porn On My Computer?': How A Lawyer Should Counsel Clients About Physical Evidence, Peter A. Joy, Rodney J. Uphoff

Scholarship@WashULaw

This Article critically analyzes the legal and ethical limits of advice a lawyer may give clients about evidence of crimes, and provides examples of that advice in a number of situations involving clients with questions about what they should do with real and electronic evidence. When criminal charges have not been brought and are not expected, how much latitude does a lawyer have in giving advice to a client? When may a lawyer counsel a client to destroy contraband or other evidence of a crime? When a lawyer may not counsel destruction, is a lawyer legally and ethically permitted to …

The Connection Between Drug Use And Crime In Western Australia, Kathryn Riordan

Theses: Doctorates and Masters

Despite decades of research, there is no consensus as to the factors that explain the association between drug use and criminal behaviour. While the evolving sophistication in research methodology has identified factors that are associated with involvement in both drug use and crime, exploration of the idiosyncratic factors that contribute to initiation, maintenance and desistence in drug use and criminal behaviour over time, across culture and social context remains unknown. In this research a grounded theory approach was used to develop an explanatory model based on the reported experiences of 22 non-Aboriginal and 11 Aboriginal adult male offenders, incarcerated in …

Dignity Is The New Legitimacy, Jeffrey A. Fagan

Faculty Scholarship

In this chapter, Jeffrey Fagan responds to Jonathan Simon’s essay by exploring the emotional dimensions of individual interactions with state actors. In a procedural justice vein, this chapter considers the dignitary implications of official maltreatment, focusing in particular on the dignity-injuring potential of unjustified, racially motivated, or otherwise abusive police stops. Such interactions not only personally humiliate, but they also deny the targeted individuals “basic and essential recognition” as social and political equals, instilling instead “a profound sense of loss.” Fagan calls for a jurisprudence that “recognizes the emotional highway between dignity and legitimacy.” This approach would “internalize[] the central …

Exclusion From Rights Through Extra-Territoriality At Home: The Case Of Paris Roissy-Charles De Gaulle Airport's Waiting Zone, Pauline Gj Maillet

Theses and Dissertations (Comprehensive)

In this dissertation I argue that, since the 1980s, French airports have been designed to exclude people from legal, human and refugee rights. The particular space where this happens has been successively called “international zone”, “transit zone” and “waiting zone” and its scope has been significantly extended overtime. I contend that French authorities have used the concept of extra-territoriality in concert with the material design of the airport to sustain exclusion. While this research focuses on France, findings bear relevance to the global governance of migrants and refugees. The French case epitomizes how states creatively use the law (or absence …

Meeting The Needs Of Victims: An Examination Of Victims' Coping Strategies And Victim Services In Canada, Jenniffer Olenewa

Theses and Dissertations (Comprehensive)

Victimization creates harms that can take an emotional and financial toll on victims and their communities. As a result of the trauma, many victims will have physiological, safety, and emotional needs that require support. All community members benefit when victims can receive support that meets the needs generated by the harms of a victimization. This mixed-methods study using Canadian data examines what factors contribute to victims engaging in behavioural changes to meet their safety needs, and explores how Victim Service workers view their role in assisting victims to meet their needs. Using data from the 2014 General Social Survey, Study …

The Limits Of Gatekeeper Liability, Andrew F. Tuch

Scholarship@WashULaw

Gatekeeper liability – the framework under which actors such as law firms, investment banks and accountants face liability for the wrongs committed by their corporate clients – is one of the most widely used strategies for controlling corporate wrongdoing. It nevertheless faces well-recognized flaws: gatekeepers often depend financially on the clients whose conduct they monitor; to carry out their gatekeeping function, gatekeepers rely on individuals – often their employees – whose interests diverge from their own; and major transactions typically involve multiple gatekeepers, each with specific areas of expertise and information, which produces both gaps and overlaps in the gatekeeping …

Industry Lobbying And 'Interest Blind' Access Norms At International Organizations, Melissa (M.J.) Durkee

Scholarship@WashULaw

The standard approach of many international organizations (IOs) to non-governmental associations makes no formal distinctions between nonprofit private sector groups, known as trade or industry associations, and public interest groups. Thus, most IOs offer accreditation and access to both kinds of group on equal terms, without differentiating between them. I call this approach “interest blind” and use this short essay to examine its origins and consequences. Specifically, the approach has resulted in robust participation in international governance by industry and trade lobbying groups, which can affect the quality of deliberation at IOs and of the information that international officials and …

Secret Government Searches And Digital Civil Liberties, Neil M. Richards

Scholarship@WashULaw

In Secret Government Searches and Digital Civil Liberties, Neil Richards tackles the issue of what he describes as “secret government searches”—namely, examples of government surveillance that remain a secret to the search target. These can be physical or digital, carried out with a warrant or without, and unknown to everyone but the government or facilitated by a private company that is prohibited from notifying the target. Richards places these secret searches in historical, technological, and constitutional context and argues that they are unprecedented, historically and technologically, and inconsistent with key constitutional values, including freedom of thought, freedom of expression, and …

Unlawful Assembly As Social Control, John D. Inazu

Scholarship@WashULaw

Recent public protests from Occupy to Ferguson have highlighted anew the offense of unlawful assembly. This Article advances the simple but important thesis that contemporary approaches to unlawful assembly cede too much discretion to law enforcement. Too many unlawful assembly provisions neglect important elements of earlier statutory formulations. They also ignore constitutional principles meant to constrain the scope and extent of discretionary enforcement of social control by public authorities. In doing so, they fall short of the aspirations of the First Amendment — stifling dissent, muting expression, and ultimately weakening the democratic experiment. We can do better. We can start …

Business Income And Business Taxation In The United States Since The 1950s, Conor Clarke, Wojciech Kopczuk

Scholarship@WashULaw

In theory, the U.S. tax system aims to attribute and tax all business income to individuals. But the tax treatment of this income varies. Pass-through income is taxed when earned; capital-gains income is taxed when realized; dividends when distributed; other forms of business income may escape taxation entirely. Business owners often have control over the timing and character of their income: They can often choose, for example, between reporting business income or deducting it as wages or fringe benefits. And laws change, changing the incentive and ability to shift income between the individual and corporate sectors.We integrate a wide variety …

Data-Driven Discrimination At Work, Pauline Kim

Scholarship@WashULaw

A data revolution is transforming the workplace. Employers are increasingly relying on algorithms to decide who gets interviewed, hired, or promoted. Although data algorithms can help to avoid biased human decision-making, they also risk introducing new sources of bias. Algorithms built on inaccurate, biased, or unrepresentative data can produce outcomes biased along lines of race, sex, or other protected characteristics. Data mining techniques may cause employment decisions to be based on correlations rather than causal relationships; they may obscure the basis on which employment decisions are made; and they may further exacerbate inequality because error detection is limited and feedback …

Jailhouse Informants In Canadian Criminal Courts, Olena Beshley

Theses and Dissertations (Comprehensive)

Criminal justice systems in Canada and around the world have been established to deal with matters that require attention, punishment, and justice. An important function of criminal justice systems is the evaluation of evidence presented in the court of law. Evidence from jailhouse informants who testify that they have been privy to confessions of crimes is a contentious issue. Much of the scholarly literature available to date on wrongful conviction cases focuses on causes of insufficient and unreliable evidence obtained through different techniques and from different sources. Despite the high number of investigations into wrongful conviction cases, the subject of …

Acknowledging Children’S Voice And Participation In Family Courts: Criteria That Guide Western Australian Court Consultants, Vicki Banham, Alfred Allan, J. Bergman, Jasmin Jau

Research outputs 2014 to 2021

The Australian family courts introduced Child Inclusive Conferencing after the country adopted the United Nations Convention on the Rights of the Child. The legislation governing these conferences is minimalistic but the Family Court Consultants in the Family Court of Australia and the Federal Circuit Court have well-developed and documented guidelines. The Family Court of Western Australia is, however, a separate entity and in the absence of regulatory guidelines its Family Consultants developed their own process and criteria. This model is unique, in Australia at least, because it has been organically developed by the practitioners providing the Child Inclusive Conferences with …

Loose Coupling And Defining Deviance Down: Correctional Officers’ Perceptions Of Organizational Responses To Mental Health And Well-Being., Victoria M. Baker

Theses and Dissertations (Comprehensive)

Correctional work is characterized by high rates of occupational stress, which can produce a plethora of negative outcomes for the officers employed within such institutions. The present study examines Canadian provincial correctional officers’ perceptions of how occupational stress is created within the context of their employment. Through in-depth interviews with 11 correctional officers, I examine the political, organizational, and cultural factors that are perceived to negatively affect employee stress and well-being. From this analysis, I present three principal arguments. First, I uncover how correctional officers perceive ministerial policies to be loosely coupled from frontline practices. I argue that this loose …