Legal Studies Commons^™

Editorial Foreword Ijsls Volume 3 Number 1, Sulistyowati Irianto

The Indonesian Journal of Socio-Legal Studies

The debate surrounding the compulsory inclusion of customary law as a teaching subject in nearly all Indonesian law faculties has garnered considerable attention in socio-legal studies

The Oligarchic Courthouse: Jurisdiction, Corporate Power, And Democratic Decline, Helen Hershkoff, Luke Norris

Michigan Law Review

Jurisdiction is foundational to the exercise of judicial power. It is precisely for this reason that subject matter jurisdiction, the species of judicial power that gives a court authority to resolve a dispute, has today come to the center of a struggle between corporate litigants and the regulatory state. In a pronounced trend, corporations are using jurisdictional maneuvers to manipulate forum choice. Along the way, they are wearing out less-resourced parties, circumventing hearings on the merits, and insulating themselves from laws that seek to govern their behavior. Corporations have done so by making creative arguments to lock plaintiffs out of …

Family Mass Murder: An Exploratory Study Of The Role Of Arson, Rachel Rori Rodriguez Spradley

Theses and Dissertations

The current literature on the use of arson in homicides analyzes the role of psychosis and mental illness, detection avoidance, and fire-setting as a precursor to violent crime. Only recently have researchers examined the connection between arson and family violence through the means of coercive control. Remaining unanswered is the role of arson in family mass murders occurring in a private residence. Using the Mass Killings in America database compiled and maintained by the Associated Press, USA Today, and Northeastern University (2006-2022), I compare characteristics of family mass murders that are arson-related to those that are non-arson-related. While family mass …

Hydra: Lessons From The World's Largest Darknet Market, Priyanka Goonetilleke, Alex Knorre, Artem Kuriksha

Faculty Scholarship

Research Summary

We present a comprehensive description of Hydra, the largest darknet marketplace in the world until its shutdown in April 2022. We document the main features of Hydra such as dead-drop delivery, feedback and reputation system, escrow, and dispute resolution. Using data scraped from the platform, we quantitatively examine the scale and the structure of the marketplace. We find that it has been highly competitive, geographically covering at least 69% of the Russian population and trading a wide variety of drugs, while also allowing the wholesale trade of drugs and precursors. The dead-drop delivery system used on Hydra was …

“Social Workers By Day And Terrorists By Night?” Wounded Healers, Restorative Justice, And Ex-Prisoner Reentry, Allely Albert

Articles

Common to many post-conflict societies, former political prisoners and combatants in Northern Ireland are often portrayed as security threats rather than as potential contributors to societal peacebuilding processes. This distrust limits their ability to contribute to the transitional landscape and additionally hinders desistance processes during their reentry from prison. Drawing from the work of Maruna, LeBel, and others on “wounded healers,” this article critically examines the restorative justice work of ex-prisoners who have become involved in leadership roles within community based restorative justice. It is argued that such practitioner work can help former combatants overcome many of the challenges typically …

An Exploration Of Change Or Stability Over Time (2005-2018) In The Number And Likelihood Of Police Officers Arrested, Dismissed, And Convicted For On- And Off-Duty Misconduct, Adam Watkins, Eric M. Cooke, Philip M. Stinson, John Liederbach

Criminal Justice Faculty Publications

This research was presented at the annual conference of the Midwestern Criminal Justice Association on September 28, 2023, in Chicago, IL.

The Downfall Of Capitalism: Its Exploitation Of Mental Health And The Working Class, Joanna Castaneda

Themis: Research Journal of Justice Studies and Forensic Science

Capitalism has been part of American culture for so long, but so has the topic of mental health. America has seen high rates of mental health issues occurring among working-class people of America. High-end companies making billions of revenues have taken advantage of their workers, leaving many to rely on working multiple jobs to get their families by. As for women and minorities, the job setting has not come easy for many as they face major inequality in the workforce and setbacks in wanting to reach positions. Capitalism has shown that income inequality has made life in America difficult, leaving …

The Social Determinants Of Health And Reentry: An Exploratory Study, Makayla Lewis, Brian Schaefer, Heather Ouellette

The Cardinal Edge

Being released from jail affects a person’s ability to secure basic needs such as health, housing, and employment. Compounding these barriers are issues related to returning to impoverished communities, complicated relationships with families and support systems, and minimal reentry opportunities within jails and upon release. This study explores how the Opportunity Network’s reentry workbook is working to address the social determinants of health and improve perceptions of successful reentry outcomes.

The Role Of U.S. Government Regulatioms, Bert Chapman

Libraries Faculty and Staff Presentations

Provides detailed coverage of information resources on U.S. Government information resources for federal regulations. Features historical background on these regulations, details on the Federal Register and Code of Federal Regulations, includes information on individuals can participate in the federal regulatory process by commenting on proposed agency regulations via https://regulations.gov/, describes the role of presidential executive orders, refers to recent and upcoming U.S. Supreme Court cases involving federal regulations, and describes current congressional legislation seeking to give Congress greater involvement in the federal regulatory process.

Welcome From The Editors, Cassandra B. Whyte Dr., Stephen Young

The Mid-Southern Journal of Criminal Justice

No abstract provided.

What Are The Causes And Remedies Of Wrongful Convictions?, Audree Alick

The Mid-Southern Journal of Criminal Justice

Wrongful convictions, also known as miscarriages of justice, are very common in the criminal justice system today. With the first known wrongful conviction in 1872, to the most recent in 2023, researchers have similarly identified three causes of wrongful convictions: false confessions, eyewitness errors, and investigative misconduct. Wrongful convictions can cause many physical and mental effects on post-exonerees and currently incarcerated individuals, including but not limited to, clinical anxiety, depression, and PTSD. Analyses of DNA (deoxyribonucleic acid) have proven instrumental in cases of wrongful convictions. Each exoneree should have access to the DNA database to test against the DNA evidence …

Samuel Little: A Brief Summary And Analysis Of America’S Most Prolific Serial Killer, Hannah M. Stephens

The Mid-Southern Journal of Criminal Justice

Serial murderers have long been a topic of fascination for both the public and law enforcement. In recent years, more analyses of serial murders have proven valuable to the development of criminal profiles used to apprehend these offenders. Though these analyses involving large samples are extremely valuable to law enforcement, it can be become easy to discount the value of case studies. Many times, case analyses can provide a practical application of developed profiles. In this essay, a case study of Samuel Little, one of the most prominent—yet surprisingly unknown—serial killers, will be discussed in brief. First, this essay will …

Moving In The Shadows: The Reasons Why Men Purchase Commercial Sexual Services And The Connection To Strain Theory, Kelley Barry

The Mid-Southern Journal of Criminal Justice

Prostitution has been a feature of human civilization since its establishment. Yet, existing research typically encompasses the perspective of the seller, leaving the context of an entire faction somewhat undiscovered. In working to better understand this population, this paper emphasizes the perspective of male buyers and their reasons for purchasing sexual services. To further examine the role that men assume in this type of exchange, their input is compared against the central tenets of Agnew’s (1992) strain theory.

Methodological And Practical Considerations For Cross-Cultural Focus Groups On Sensitive Topics Within Criminal Justice And Criminology, Hillary Mellinger, Belén Lowrey-Kinberg, Maya Pagni Barak

Qualitative Criminology (QC)

Cross-cultural focus groups offer several advantages over other qualitative methods, particularly when the research goal is to better understand individual and collective perceptions, opinions, or conceptualizations of issues salient to marginalized groups. However, cross-cultural focus groups also pose several unique challenges despite their advantages. Therefore, more scholarly attention needs to address how to overcome these challenges. In this article, we tackle three issues related to cross-cultural focus groups: (1) defining homogenous regarding focus group formation; (2) incorporating intersectionality into cross-cultural focus groups while maintaining homogeneity in crucial aspects of participants’ identities; and (3) overcoming unexpected practical challenges that may appear …

Blood On The Walls: The Influence Of Place Management On Jail And Prison Victimization, Victor J. St. John

Qualitative Criminology (QC)

This study examines the influence of place management on victimization within jail and prison settings. The author conducts content and thematic analysis of narratives deriving from 87 individuals who were formerly incarcerated in Newark, New Jersey, and Cleveland, Ohio. Qualitative findings illustrate that place management may set the stage for victimization by exposing persons in custody to coercive interactions, inadequately surveilled places, deplorable physical conditions, and limited access to quality health services. Such treatment fosters poor relationships among occupants within the correctional setting. I conclude that mismanaged prisons and jails influence the perpetuation of violent victimization. Correctional administrations may foster …

Pilot Study: An Exploration Of Medication Assisted-Treatment (Mat) For Indigenous Americans Within Tribal Healing To Wellness Courts, Fanni Farago, Lindsay Smith, Violette Cloud, Michael Gordon, Faye Taxman

Qualitative Criminology (QC)

Considering the opioid epidemic’s adverse and disproportionate consequences on Indigenous American communities across the nation, United States federal agencies (i.e., Indian Health Service, the Bureau of Indian Affairs, and the White House Office of National Drug Control Policy) and Tribal nations are urgently calling for more substance use treatment and prevention efforts. Problem-solving courts (PSCs) are a well-known innovation for treating individuals with substance use disorders (SUDs) and those who have committed non-violent offenses. However, very little is known about these courts in indigenous communities and how they address substance use disorders. Drawing on a small sample of court coordinators …

Eroticization Of The Body, Reflexivity, And Qualitative Methodology In Criminology: An Omerta, Catherine Montgamny Grenier

Qualitative Criminology (QC)

This article reflects upon the notion of reflexivity in qualitative methodology, both generally and specifically within the field of criminology. This reflection stems from completing my pre-field research in Costa Rica, which I undertook while completing my doctoral thesis regarding the sexuality of solo female travelers. Based on a sexual assault I experienced during this pre-field research, I critically discuss the notion of reflexivity in cases where the security of researchers is undermined by the relations of power that exist between gatekeepers and participants as a result of gender identity and the eroticization of the body. This article specifically questions …

Actionable Motivational Interviewing: Gendered Perceptions Of Probation Officer-Client Relationships, C.J. Appleton, Lindsay Smith, Danielle S. Rudes

Qualitative Criminology (QC)

Prior research purports that probation officers (POs) view the differences between women and men clients as emotional, with women being more "in-touch" with their emotions and "self-aware" of their issues (Welsh, 2019). Since probation client satisfaction links to relationships with POs (DeLude et al., 2012), it is also important to examine clients' perceptions of POs using a gendered lens that considers the potential variations in women and men clients' views of officers. This study uses 15 semi-structured interviews with women and men clients in one Northwestern probation agency. We examine clients' perceptions of the officer-client relationship, finding that clients desire …

Prison Visitation Policy And Procedure Guide, Meghan Mitchell

AI Assignment Library

In this assignment you will use artificial intelligence (AI)—specifically ChatGPT—to create a visitation information guide for a prison. This assignment has multiple learning objectives:

1. learning how to draft and refine official policies and procedures;
2. exploring the utility of AI; and
3. validating the accuracy of AI tools as they apply to criminal justice practices.

Firearm Deaths In The Mountain West, 2020, Lana Kojoian, Annie Vong, Caitlin J. Saladino, William E. Brown Jr.

Criminal Justice

This fact sheet examines data from the RAND Corporation report “Understanding Firearm Deaths by State—and How to Reduce Them,” which provides data on state and national rates of firearm related deaths, including suicides and homicides for 2020 This fact sheet includes firearm death data for five Mountain West states: Arizona, Colorado, Nevada, New Mexico, and Utah.

Advancements In Technology Empower Loss Prevention Professionals In Security Investigations, Alan Saquella

Publications

In recent years, the field of security investigations has witnessed a profound transformation, owing to the rapid integration of technology. Loss Prevention professionals have been at the forefront of this revolution, harnessing advanced tools and capabilities that have greatly enhanced their effectiveness in preventing and resolving criminal activities. This article explores how the use of technology, including drones, cameras, AI, video analytics, and intelligence software, has reshaped security investigations and how staying on the cutting edge of these advancements is crucial for the future of this field.

Contextual Determinants Of Re-Reporting For Families Receiving Alternative Response: A Survival Analysis In A Midwestern State, Jianchao Lai, Michelle Graef, Todd Franke, Toby Burnham

Center on Children, Families, and the Law: Faculty Publications

Differential response (DR) has been widely adopted in over 30 states to address shortcomings of the traditional approach to child maltreatment reports in complex family and case circumstances. However, despite continued evaluation efforts, evidence of the effectiveness of DR remains inconclusive. The current study aims to assess the impact of a DR program and potential predictors, including service match and number of family case workers, on maltreatment re-reports in a Midwestern state. The study utilized a randomized control trial and assigned eligible families to either the Alternative Response (AR) track or Traditional Response (TR) track. The enrollment was implemented in …

Criminal Justice Update - September 2023, Delaney Rabenold

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 (no updates this month)
• Updates from the Courts
• U.S. Supreme Court (no updates this month)
• PA Supreme Court
• PA Superior Court

Bargaining In The Shadow Of The Truth: How Client Assertion, Perception Of Guilt, And Predictive Inaccuracy Influence Plea Recommendations, Anna D. Vaynman

Dissertations, Theses, and Capstone Projects

Over the past few decades, the largely hidden, secretive, and widely used system of plea bargaining has caught the fervent attention of scholars. The Shadow of the Trial model has been central to much of the plea-bargaining literature, despite significant critiques about its oversimplification. The model posits that defendants and their attorneys make plea decisions based largely on the estimated probability of conviction and the severity of the sentence to which the defendant could be exposed at trial.

The model, however, assumes that all actors are rational, equally risk averse, have no competing interests, and possess high predictive accuracy. It …

Epistemic Virtue And Receptivity To Science In Policing, Braden L. Campbell

Dissertations, Theses, and Capstone Projects

This dissertation investigates the underexplored relationship between character epistemology and its potential to explain behavior, decision-making, and culture within the criminal justice system, particularly the police. Building on the existing theoretical framework of evidence-based policing (EBP) and the recognized gap in understanding police receptivity to science, this study hypothesized that intellectual character at personal and collective levels positively correlates with science receptivity.

Epistemic character was defined through the aggregation of four traits: open-mindedness, defensiveness, insouciance, and groupthink. Science receptivity was measured by openness to change, desire to learn, reliance on intuition, and mistrust of science. Data were collected through surveys …

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 …

Quality Management And Oversight Of Texas Forensic Science Service Providers, Sarah P. Chu

Dissertations, Theses, and Capstone Projects

Forensic science oversight in the U.S. largely relies upon voluntary third-party forensic laboratory accreditation programs. Without a national system of regulation and given the highly fragmented local systems of control, few forensic science service providers (FSSPs) are subject to regulatory oversight beyond their third-party accreditors. Texas is unique in its establishment of a robust statewide oversight system and a strong governmental culture of transparency, permitting this study of forensic quality management. This study consisted of two parts. The first part of this dissertation characterized and analyzed quality incident reports (QIRs) published by the Texas Department of Public Safety Crime Laboratory …

Sharing And Caring: Creating A Culture Of Constructive Criticism In Computational Legal Studies, Corinna Coupette, Dirk Hartung

Research Collection Yong Pung How School Of Law

We introduce seven foundational principles for creating a culture of constructive criticism in computational legal studies. Beginning by challenging the current perception of papers as the primary scholarly output, we call for a more comprehensive interpretation of publications. We then suggest to make these publications computationally reproducible, releasing all of the data and all of the code all of the time, on time, and in the most functioning form feasible. Once all materials are made available by default, we invite constructive criticism in all phases of the publication life cycle. We posit that our proposals will help form our field, …

The Narratives Of Local Women’S Resilience In Disaster And Climate Change: The Voices Of Indonesian Women In The Watershed Areas, Titiek Kartika Hendrastiti, Siti Kusujiarti, Rambat Nur Sasongko

The Indonesian Journal of Socio-Legal Studies

This study analyzes the narratives of women’s resilience in disaster from the post-colonial feminism approach. Ecological justice and gender issues have been addressed by other studies on Indonesia to amplify the voices of Indonesian women, but few of them focus on women’s narratives. As a culture relying on oral traditions, Indonesian women’s narratives and stories are instrumental in decolonizing the knowledge on ecological justice. Even though feminist perspectives play an instrumental role in addressing ecological justice in Indonesia, studies using post-colonial feminism remain very limited.

This study employs post-colonial feminist ethnography and focuses on three watershed areas in Bengkulu, Indonesia: …

"Who Shapes The Law? Gender And Racial Bias In Judicial Citations.", Laura P. Moyer, John J. Szmer, Susan B. Haire, Robert K. Christenson

Faculty and Staff Scholarship

In this letter, we assess whether the contributions of judges from underrepresented groups are undervalued or overlooked, thereby reducing these judges’ influence on legal policy. Drawing on an original dataset of discretionary citations to over 2,000 published federal appellate decisions, we find that the majority of opinions written by female judges receive less attention from other courts than those by similarly situated men and that this is largely attributable to disparities in citing Black women and Latinas. We also find that additional efforts by Black and Latinx judges to ground their opinions in precedent yield a much lower rate of …