Legal Studies Commons^™

Weather And Crime: New York State, Yuna Kim

Student Theses

The present study assesses the degree to which temperature affects the crime rates in all 62 counties in the State of New York. Five different crimes (i.e., robbery, aggravated assault, burglary; larceny, and motor vehicle theft) for the year 2019 were selected from the Division of Criminal Justice Services of New York to be examined. The current study examined whether the rate of these crimes was associated with the changes in weather, with the assumption that higher weathers would lead to higher property and violent crimes, when controlling for the effect of various control variables. The findings suggest that the …

Increasing Accountability For Rape In Liberia: The Need For A Forensic System To Increase The Success Rates Of Prosecution, Pela Boker Wilson

William & Mary Journal of Race, Gender, and Social Justice

The need for a fully functioning forensic system has been identified by the Liberian government and international partners, but it has not been addressed. This Article argues that despite a robust framework put in place to create accountability for rape, Liberia needs a system of collecting and processing forensic evidence to increase the success rate of prosecutions that currently fail due to the inadequacy of non-forensic evidence.

Editor's Introduction To Comments On The Crimcon Controversey, Scott Jacques

Qualitative Criminology (QC)

This piece introduces two comments and a rejoinder on the “CrimCon Controversy.” I learned of the controversy on Twitter, in early January 2021.

The Crimcon Controversy: An Essay Addressing Irb Approval, Informed Consent, And The Interpretation Of Results, Kevin Buckler, Eryn O'Neal

Qualitative Criminology (QC)

"In “COVID-19 and academia: Considering the future of academic conferencing,” Reinhard, Stafford, and Payne (2021) present findings based on an analysis of video and audio-recorded CrimCon presentations. The study’s ethics are questionable. A concern is that the investigators did not seek the informed consent of participants. In this essay, we discuss the federal human subjects regulatory definition of “human subjects,” and explain how it substantiates our concern in light of the facts.1 Key among them is that a coinvestigator, Payne, was also on the board that organized the conference, the Criminology Consortium. As such, he was involved in the development …

A Test Of Leadership: Insight From Two Women From The Founding Crimcon Board, Joan Antunes, Breanna Boppre

Qualitative Criminology (QC)

"We write this commentary as two former members of the founding Criminology Consortium (CrimCon) board. In this essay, we share our gendered experiences with respect to the board’s role in Reinhard, Stafford, and Payne’s (2021) article, “COVID- 19 and academia: Considering the future of academic conferencing.” The paper’s third author, Payne, was on the board with us, and remains on it as we write. We will discuss issues with the study process and conclusions. We wish to share our perspectives on the board to inform future leadership and efforts towards public scholarship within criminology."

Seeing The Vision And Moving Forward: The Future Of The Crimcon Conference From The New Board, Bobbie Ticknor, Jessica Warner, Carlos Rojas, Arelys Madero, Daniel Lytle

Qualitative Criminology (QC)

"The Criminology Consortium (CrimCon) was created during one of the worst international pandemics seen in modern history. A group of innovators keenly perceived the need to create a new way to disseminate knowledge in the field because many of our existing conferences and annual meetings were postponed or cancelled due to the pandemic. There was a major void felt in the field by the cancellation of our traditional face-to-face conferences. There are many advantages to attending and participating in conferences in our field. These annual meetings give academics, researchers, practitioners, and policymakers ways to communicate their research, learn about the …

Racial Threat Theory: A Test Of The Economic Threat Hypothesis, Carl L. Reeds

USF Tampa Graduate Theses and Dissertations

Racial disparities in the criminal justice system are well documented. While one potential contributor to these disparities may be differential offending on the part of racial groups, another alternative or additional explanation is racial discrimination. Blalock developed racial threat theory to explain macro-level discrimination. According to this theory various forms of “threat” posed by minority populations to majority populations leads to more formal social control or disparate formal social control, such as the formal social control that is imposed by the criminal justice system. According to Blalock, “economic threat” occurs when the Black population has large or increasing economic resources …

Taking Restorative Justice Seriously, Adriaan Lanni

Buffalo Law Review

Those seeking to reduce mass incarceration have increasingly pointed to restorative justice—an approach that typically brings thoseaffected by a criminal offense together in an attempt to address the harmcaused by the offense rather than to mete out punishment. This Article is an attempt to think seriously about incorporating restorative justice throughout the criminal legal system. For restorative justice proponents, expanding these practices raises a host of questions: Does the opportunity to alleviate mass incarceration justify collaboration with a deeply flawed criminal legal system? Will the threat of criminal prosecution destroy the voluntariness and sincerity that is essential for a successful …

Letter From The Editor 2021, Dujpew Editorial Board

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

No abstract provided.

Volume I | Issue Iii | 2021, Dujpew Editorial Board

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

No abstract provided.

Minority Representation On The U.S. Court Of Appeals: Do Foreign-Born Judges Influence Immigration Case Outcomes?, Bianca Ortiz-Miskimen

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

This paper assesses the impacts of minority representation on judicial decision- making within three-judge panels on the Ninth Circuit of the U.S. Court of Appeals. While much

of the existing literature regarding this issue has looked at racial and gender minorities in the federal judiciary, this paper seeks to identify whether the presence of foreign-born judges on appellate panels has an effect on the holdings of immigration-related cases. To address this question, I compiled an original database of 200 immigration cases decided between 2016 and 2020. The results reaffirm previous findings that panels with at least one female judge or …

Sexual Violence And Sex Trafficking: An Observation Of Developing International Law And Its Implementation, Hannah Kate Albach

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

Margot Walström, Special Representative of the UN Secretary-General on Sexual Violence defines sexual violence as a "way of demonstrating power and control. It inflicts fear on the whole community. And it is unfortunately a very effective, cheap and silent weapon with a long-lasting effect on every society.” Despite the universal damage of sexual violence throughout history, international law did not begin to develop a response to such crimes until the 1990s. Worldwide fear and shame associated with atrocities of sexual violence, difficulty defining it across cultures, challenges to accurate data collection, and lack of collective action all contribute to the …

Tracking The Tracing: A Global Investigation Of Privacy Issues In The Age Of Covid-19, Jessie Miller

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

As the COVID-19 pandemic tore through the globe, policymakers grappled with two key questions. First, to what extent could new tools to collect and analyze data on a massive scale help limit the virus’s spread and, second, how would the collection of that data impact the privacy rights of individuals? This paper examines both questions and reveals how nation-specific traditions, values, and leaders shaped the delicate balance between the right to privacy and the protection of the population from COVID-19. An exploration of the surveillance techniques developed in response to the SARS and HIV pandemics reveals the growing consensus around …

The Ring Of Gyges 2.0: How Anonymity Providing Behaviors Affect Willingness To Participate In Online Deviance, Cassandra E. Dodge

USF Tampa Graduate Theses and Dissertations

Anonymity has long been discussed as a source of disinhibition. The myth of the Ring of Gyges illustrates how a person may act immorally solely because they know they will not be caught (Plato, 375/2017). Incorporating perspectives of rational choice and deterrence, anonymity serves as a form of risk reduction within hedonistic calculus (Beccaria, 1764/1963; Bentham, 1781/2000). Analogous to the myth of the Ring of Gyges (Plato, 375/2017), techniques of anonymity “hide” users from others while online. These techniques serve as a form of risk reduction, reducing the certainty of punishment (Becarria 1764/1963). Additionally, there are many ways by which …

Police Union Contracts And Impediments To Accountability: A Case Study Analysis Of Ppa Bargaining Agreements, Elizabeth Ott

University Honors Theses

Despite a growing widespread recognition that police unions represent a major component of policing and have major influences on aspects of policing such as disciplinary procedures, day-to-day management, and police-community relations, they have until recently been largely ignored by police scholars. In light of significant gaps in knowledge regarding police unions and the impacts that they have on law enforcement behavior and police accountability, this paper utilizes a case study approach to analyze all existing union contracts between the Portland Police Association (PPA) and the City of Portland in order to explore the prevalence of particular contract provisions that critics …

Higher Education For All Law Enforcement Officers, Johana Constantino Madrigal

University Honors Theses

In this brief prospectus, the focus is on the many arguments for why it should be a requirement for all law enforcement officers to have a higher education background. Given light to recent events, the importance for more highly trained and educated officers has become more dire as people call for justice in an attempt to right the wrongs that have been done. The articles found all address the manner in which higher education can help with better judgement calls, analyze and respond to situations better, and the overall perception officers have, who have a form of higher education, on …

Morality And Offender Decision-Making: Testing The Empirical Relationship And Examining Methodological Implications, Jacquelyn Burckley

USF Tampa Graduate Theses and Dissertations

Rational Choice (RC) theory has become one of the most influential theories in criminology and social science with a wide body of empirical support indicating that offending is associated with anticipated costs and benefits. Although RC theory has been widely researched and supported, one area that is largely underemphasized in this theory’s discourse is morality. The present study draws on a sample of undergraduate students from a large southeastern university using a drinking and driving scenario to extend the RC literature theoretically and methodologically.

The theoretical results indicate that, consistent with prior literature, morality, certainty, and severity were directly, inversely …

When I Was A Young Girl: Gender And Race In The Life Archives Of Criminal Transportation, Nick Townsend

University Honors Theses

In the eighteenth and nineteenth century, the carceral system in England shifted away from corporal punishment and moved towards containing and policing those deemed criminal in different ways. One notable way was transportation, the practice of moving convicts out of the imperial core into a colony. This practice became a way to remove "lesser" populations from England and regulate social behavior while also expanding the British Empire and allowed convicts a new purpose in expanding the carceral state. This developed alongside the broader trends of racialization and colonization in the British Empire, which drew a global color line separating "white" …

Criminal Justice Update - June 2021, Patrick Mahoney

Criminal Justice Updates

The Criminal Justice Update is a monthly newsletter created by the Adams County Bar Foundation Fellow providing updates in criminal justice policy coming from Pennsylvania's courts and legislature as well as the US Supreme Court.

Contents:

• Updates from PA Governor's Office (no updates this month)
• Updates from the PA Legislature
• Updates from the Courts
• U.S. Supreme Court: Criminal Law & Procedure
• PA Supreme Court: Criminal Law & Procedure
• PA Superior Court: Criminal Law & Procedure

The Problem With Assumptions: Revisiting The Dark Figure Of Sexual Recidivism, Tamara Rice Lave, Jj Prescott, Grady Bridges

Law & Economics Working Papers

What is the actual rate of sexual recidivism given the well-known fact that many crimes go unreported? This is a difficult and important problem, and in The Dark Figure of Sexual Recidivism, Nicholas Scurich and Richard S. John (2019) attempt to make progress on it by “estimate[ing] actual recidivism rates given observed rates of reoffending” (p.172). In this article, we show that the math in their probabilistic model is flawed, but more important, we demonstrate that their conclusions follow ineluctably from their empirical assumptions and the unrepresentative empirical research they cite to benchmark their calculations. Scurich and John contend that …

To “Defund” The Police, Jessica M. Eaglin

Articles by Maurer Faculty

Much public debate circles around grassroots activists’ demand to “defund the police,” raised in public consciousness in the summer of 2020. Yet confusion about the demand is pervasive. This Essay adopts a literal interpretation of “defund” to clarify and distinguish four alternative, substantive policy positions that legal reforms related to police funding can validate. It argues that the policy debates between these positions exist on top of the ideological critique launched by grassroots activists, who use the term “defund the police” as a discursive tactic to make visible deeper transformations in government practices that normalize the structural marginalization of black …

Further Evaluation Of The Associations Between Psychopathic Traits And Symptoms Of Ptsd And Depression In A Nonclinical Sample, Nicholas Kavish, Danielle Boisvert, Eric M. Cooke, Richard H. Lewis, Matthias Woeckener, Jessica Wells, Todd A. Armstrong

Criminal Justice Faculty Publications and Presentations

Examining psychopathic traits at the factor or facet level has revealed that various aspects of psychopathy may be differentially related, even in opposing directions, to important outcomes (e.g., intelligence, emotion regulation). Empirical work on relations between psychopathy and internalizing disorders, such as posttraumatic stress disorder (PTSD) and depression, has provided evidence for a positive association with antisocial traits. However, findings for the affective domain have been more equivocal. The current study (N = 732) sought to replicate past findings of the positive association of antisocial psychopathic traits with higher levels of PTSD and depressive symptoms, and to further explore …

Changes In The Black-White Sentencing Gap After United States V. Booker, 2008-17, Shuhao Zhang

Student Theses

The Black-White sentencing gap, as defined by the differences between the average sentences received by Black defendants and those by White defendants, is an under- research area. In the federal court, after United States v. Booker, this gap has decreased from 25 months in 2008-2010 to 0 in 2016-2107. By using Oaxaca decomposition, I find that the differences in criminal history, offense levels, and pretrial detention status between Black and White defendants are the main source of the gap. The unexplained portion of the gap, resulting from judges finding Black defendants more culpable to their offenses and thus imposing harsher …

Testing The Waters: An Investigation Of The Impact Of Hot Tubbing On Experts From Referral Through Testimony, Jennifer T. Perillo, Anthony D. Perillo, Nikoleta Despodova, Margaret Bull Kovera

Publications and Research

Objective: The present research examined whether concurrent expert testimony (“hot tubbing”) and court appointed testimony reduced adversarial allegiance in clinical experts’ judgments compared with traditional adversarial expert testimony. Hypotheses: We predicted Hypothesis 1: Defense experts would render more not responsible judgments and lower ratings of criminal responsibility than would prosecution experts; Hypothesis 2: Adversarial allegiance effects on experts’ judgments would be heightened for adversarial experts and attenuated for concurrent experts over time; Hypothesis 3: Adversarial and concurrent experts would report higher dissonance than would court-appointed experts and adversarial experts’ ratings would increase over time, concurrent experts’ ratings would decrease, and …

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 …

Early Survivor Voices And Primary Sources. Modern Slavery: A Documentary And Reference Guide By Laura J. Lederer, Sandra Morgan

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Disinhibition And Persistent Maladaptive Behavior, Angela T. West

Student Theses

Objective: There is an urgent need to reduce overpopulation in U.S. prisons, which are inundated with individuals needing substance use treatment. Research on both substance use and antisocial behaviors highlight maladaptive beliefs and behaviors, while also implicating disinhibition as an important factor. Disinhibition is a dynamic trait that can be targeted with therapeutic interventions. The current study explored the relationships between neurocognitive disinhibition, substance use, and recidivism among incarcerated men. The study hypothesized that disinhibition would be associated with history of substance use, history of antisocial behavior, and institutional misconduct, as well as predicting recidivism over and above history of …

Quantitative And Qualitative Assessment Of Interrogation Expectations, Shereen R. Lewis

Student Theses

Interrogation expectations (IE) is a construct that suggests expectations of custodial interrogations affect suspects’ Miranda waiver decisions while under interrogation. Prior research has examined IE quantitatively but there has been no prior research examining IE qualitatively. This current research conducted both a quantitative and qualitative analysis of IE using a sample of 335 participants from the United States. This research took the form of an online survey using Prolific (www.prolific.co) to recruit participants, Qualtrics (www.qualtrics.com) to record data, and SPSS and Nvivo to analyze quantitative qualitative data. It was hypothesized that substantial individual variation in IE will be found in …

Standing Trans Before The Law, Kyla Bender-Baird

Dissertations, Theses, and Capstone Projects

In the 1960s, trans people in the United States began asserting their rights, petitioning courts for name changes, updating sex markers on birth certificates and other identity documents, and confirming whether their marriages were legal. However, it was not until the mid-2000s that courts began recognizing trans discrimination claims. While trans people enjoyed numerous legal inroads under the Obama administration, within its first two years, the Trump administration had effectively reversed these legal gains. Being vulnerable to the political winds contributes to a feeling of legal precarity, which, in turn, shapes how trans people think about and approach the law. …

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 …