Legal Studies Commons^™

Preparing An Annotated Bibliography For A Criminal Justice Class, Fabiola Ceballos-Durham

Open Educational Resources

This assignment introduces students to the research process in criminal justice by requiring them to locate, evaluate, and annotate scholarly and credible sources related to their assigned topic. Through the use of library databases, web evaluation techniques, and APA citation style, students develop information literacy skills while identifying key findings, gaps, and areas of interest within the existing literature. The completed annotated bibliography serves as a foundation for the Final Term Research Project by helping students refine a research focus and begin building a reference base for future assignments.

Investigating Potential Bias In Public Acceptance Of Restorative Justice: The Influence Of Situational And Offender Characteristics, Kiara Haynes

Student Theses

Restorative Justice has been an emerging justice mechanism in the U.S. since the 1970s that advocates are working to expand more widely throughout the justice system. Due to victims and the broader community of the offender being an integral part of the Restorative Justice process, it is critical to consider the general public's support of this novel justice mechanism, as well as the influence that social biases among the public may have on the experience of defendants going through the system. The study conducted examined the effect that social biases toward an offender's personal characteristics have on attitudes and opinions …

Arts In Criminal Justice And Corrections: International Perspectives On Methods, Journeys And Challenges, Edited By Amanda Gardner And Laura Caulfield, Kirstin Anderson Dr

Journal of Prison Education Research

It was the first day of my study I had planned as part of my PhD research. I had prepared all the materials the night before, took an early train to ensure I was on time, went through all the checks at the prison gate, set up my room and waited for the first participant to come in for their interview. I welcomed him with ease, introduced myself and went through the consent form. I turned on the audio recorder. ‘It’s just like the fucking police’. My heart sank. I don’t think I told anyone about how big a misgiving …

Eroding Protections: The Decline Of Miranda Rights And Its Impact On Due Process In Contemporary America, Autumn G. Pelfrey

Honors Undergraduate Theses

This thesis examines whether the protections established in Miranda v. Arizona, 384 U.S. 436 (1966), remain robust within contemporary criminal justice practice or have been weakened through doctrinal and practical developments. Miranda warnings were originally designed to mitigate the risk that coercive custodial interrogation would produce compelled or unreliable self-incrimination. Since 1966, however, both judicial interpretation and evolving law-enforcement practices have created a growing gap between Miranda’s formal legal promise and its practical operation in real-world interrogations.

The study evaluates the erosion of Miranda’s protective force through three primary mechanisms. First, doctrinal developments have narrowed Miranda’s scope by redefining …

The Limits Of "Punishment", Benjamin Levin

Scholarship@WashULaw

“Punishment” is an all-important category in criminal legal thought. Conventional scholarship adopts a narrow definition and focuses on justifying penal sanctions. Much critical work, in contrast, seeks to expand the category—defining more practices and institutions as “punishment.” In this Article, I argue that the focus on purposes of punishment and on what constitutes punishment distracts from a larger theoretical and practical issue—much of what the criminal system does probably isn’t punishment as such. Certainly, a carceral sentence is punishment. But what about a curfew requirement for a defendant awaiting trial? What about a restriction on gun ownership post conviction? What …

From Custody To Care: Understanding Mental Health And Recidivism In The Criminal Justice System, India Cox

Undergraduate Research Posters

Previous studies on genetic influences in mental health disorders have been shown to correlate with incarceration rates in families. Consequently, there are individuals within the criminal justice system under the clinical threshold of a mental health diagnosis; it has been found that almost half of the incarcerated population was arrested due to acting upon their mental health disorder, while 27 to 38 percent developed PTSD while imprisoned. Furthermore, the serious and exhausting cycle of recidivism within the criminal justice system highlights the failure to provide the necessary mental health treatment required to support rehabilitation while incarcerated and prevent reoffending upon …

A Theoretical Defense Of Police Recalibration In Columbia, South Carolina, Sanya Singh

Senior Theses

This paper defends police recalibrationism as the best means of reforming law enforcement. Columbia, South Carolina, will serve as a case study to demonstrate the philosophical and practical justifications of recalibrationism. Police recalibration, which aims to reconceptualize the role of police by reallocating extraneous responsibilities to other entities, offers a more comprehensive and viable solution than abolition, fiscal restraint, and managerialism. The paper further examines proposals that align with police recalibrationism through the lens of the philosophical frameworks of social contract theory and utilitarianism to demonstrate how the reform would fulfill the proposed goals of the American criminal justice system. …

Oer Review: Research Methods For Criminal Justice Students, Youngki Woo

Criminal Justice Faculty Publications

Building upon these foundational works and leveraging extensive experience and expertise in conducting qualitative and quantitative research within social science settings, Monica Williams, the author of Research Methods for Criminal Justice Students, has crafted a well-designed research methods textbook. This comprehensive guide is designed for both undergraduate and graduate students in criminal justice. It draws on Williams’ extensive academic career, which includes conducting a wide range of research projects, analyzing empirical data, and publishing peer-reviewed journal articles. The textbook covers various research methodologies such as surveys, case studies, in-depth interviews, observation, focus groups, content analysis, and secondary analysis of …

Disentangling Safety And Accountability In Criminal Justice Policy, Benjamin Levin

Scholarship@WashULaw

In this Article, I argue that the U.S. criminal system and debates about criminal justice reform reflect an elision of two largely distinct social functions: ensuring public safety and imposing accountability for harmful conduct. Despite deep disagreement about the specifics, most commentators seem to accept that these are both important social functions. Abolitionists claim that the criminal system doesn’t keep people safe and provide accountability. Instead, it harms—and perhaps is meant to harm—people from marginalized communities and protects the interest of socially dominant groups. Reformers contend that the criminal system can and should serve the safety and/or accountability interests, but …

Ten Years And Ten Miles: Reflecting On "Ferguson", Benjamin Levin

Scholarship@WashULaw

This Essay serves as the introduction to a symposium on the ten-year anniversary of Michael Brown's death in Ferguson, Missouri and the subsequent protests and uprisings across the country. The authors look back on the past decade—their own experiences and our experiences as a nation—to consider the impacts of the Ferguson uprisings and the landscape of criminal justice and racial justice advocacy, scholarship, and teaching today. In this Essay, I provide a brief introduction to the Volume and essays that follow. In Part I, I situate the Ferguson uprisings in the broader context of activism responsive to racial injustice in …

The Role Of Investigative Genetic Genealogy In The Field Of Criminal Justice, Chloe Haas

Honors Projects

Investigative genetic genealogy is an investigative method used by law enforcement to solve crimes. It involves the uploading of DNA found at a crime scene to genealogy databases to narrow down the suspect pool. The research question for this study is: Is law enforcement’s use of investigative genetic genealogy ethical? I conducted ten interviews with individuals who had a background in the Criminal Justice field, the legal field, the forensics field, and the field of genealogy to see their opinions on this topic. A majority of the participants in this study stated that they believe that law enforcement should be …

Controlling The Narrative: The Effects Of Media Coverage On Fear Of Crime And Socio-Political Ideology, Andrew Koppelman

Theses

Several decades of study have established an understanding that media have a unique power to influence the perspectives and worldviews of audiences. This phenomenon has been explored through the lenses of Social Learning and Cultivation theory, wherein media appeal to base human tendencies of self-preservation and teaches audiences how to maximize rewards for their actions by acting as a sort of instructor or friendly warning from members of the community. While prior studies have suggested the presence of this effect, little research has been devoted to understanding the ways that this may influence behaviors in viewers. My research seeks to …

Redefining Rehabilitation: Evaluating The Washtenaw County Pre-Plea Diversion Program, William Ellsworth

CMC Senior Theses

The Washtenaw County (MI) Prosecutor’s Office’s Pre-Plea Diversion Program (PPDP) aims to divert eligible misdemeanor defendants from the criminal justice system, offering rehabilitative programming to reduce reoffending and minimize the collateral consequences of a criminal conviction with case dismissal. This research assessed whether PPDP participants were less likely to be re-arrested in the six months following program completion compared to a sample of defendants facing similar charges within the same court. It was hypothesized that the PPDP would effectively reduce re-arrest, with community service and mental health counseling proving particularly impactful. Employing a quasi-experimental design, data from 90 successfully diverted …

Comparative Analysis Of Prosecutor-Led Diversion Programs: Insights To Japan’S Suspension Of Prosecution For Recidivism Prevention, Mio Hagino

LL.M. Essays & Theses

Around 60% of all crimes in Japan are committed by repeat offenders, and therefore preventing recidivism is a central concern in Japan. Recognizing the importance of early intervention, some prosecutors’ offices collaborate with social workers and provide necessary measures for recidivism prevention when prosecution is suspended. To promote prosecutor-led recidivism prevention, there is an ongoing discussion to legislate the approach currently taken by prosecutors’ offices. However, concerns remain about procedural fairness, transparency of prosecutorial discretion, and collaboration with other agencies. In the United States, prosecutor-led diversion programs are adopted in many states, with ongoing research on their effectiveness and challenges. …

Exploring Police K-9 Deaths, Their Causes, And Possible Remedies, John Wise

College of Graduate Studies: Theses & Dissertations

Police K-9s face daily dangers due to their work. Data collected by the Officer Down Memorial Page from 2000-2023 on K-9 deaths (N = 405) shows that of K-9s that die in the line of duty, many fall victim to heat stroke. Research was conducted comparing heat stroke to all other causes of death. Through an exploration into the history of mankind’s use of working dogs, the unique capabilities of both dogs and K-9 specific dog breeds and applying Routine Activity Theory and Lifestyle Routine Activity Theory to police K-9s, this study’s objective is to bring awareness to, and …

Criminal Law Minimalisms, Benjamin Levin

Scholarship@WashULaw

What is criminal law minimalism? At first blush, it appears to be the sober and sensible cousin of abolition. Where the language of abolition is radical and absolute, the language of minimalism speaks to moderation, pragmatism, and nuance. While I appreciate calls for nuance, I’m not sure that minimalism offers the clarity it promises or answers the hard questions about how to address the ills of the U.S. criminal system.

As a theory or label, minimalism raises two major questions: (1) a question of scope; and (2) a question of scale. On the question of scope, what exactly should be …

Redistributing Justice, Benjamin Levin, Kate Levine

Scholarship@WashULaw

This article surfaces an obstacle to decarceration hiding in plain sight: progressives’ continued support for the carceral system. Despite increasingly prevalent critiques of criminal law from progressives, there hardly is a consensus on the left in opposition to the carceral state. Many left-leaning academics and activists who may critique the criminal system writ large remain enthusiastic about criminal law in certain areas—often areas where defendants are imagined as powerful and victims as particularly vulnerable. In this article, we offer a novel theory for what animates the seemingly conflicted attitude among progressives toward criminal punishment—the hope that the criminal system can …

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 …

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. …

Developing Qualitative Research Questions For Illinois Post-Release Prison Analysis, Kiera Eckhardt

Student Research – Stevenson Center

The Illinois Sentencing Policy Advisory Council (SPAC) partnered with Dr. Kathryn Bocanegra of the University of Illinois at Chicago (UIC) to conduct a two part research study examining the impact of long term prison sentences in Illinois state facilities. This study is unique, in that it incorporates both quantitative and qualitative methodologies in its data collection and analysis. The purpose of this report is to exemplify the process used to develop the qualitative research interview questions for the UIC study. Components of this process, including relational meetings, and recommendations provided by stakeholders in the criminal legal system for conducting post-release …

Legitimate And Deceptive Media: An Analysis Of Sources Used In Conjunction With #Defundingthepolice Using Twitter Api, Isabel Tilford

Honors Theses

The idea of defunding the police has been circulating on social media for the past few years. This thesis seeks to analyze what types of sources people use in conjunction with the #DefundthePolice hashtag to define their understanding of defunding the police. Using Twitter API to search for #DefundthePolice, Tweets were analyzed and rated based on the credibility of links embedded within each post. Each link was assigned a credibility rating of one through three, one meaning not credible, two meaning somewhat credible, and three meaning credible. Each link was classified into one of eight categories: news, statements, advertisements, advertisements/propaganda, …

Protection Or Control? – The History & Impact Of The Major Crimes Act On Native Americans And Its Future In Criminal Law, Cameron A. Garrow

Honors Undergraduate Theses

In this thesis, I traced the history of the Major Crimes Act of 1885, focusing on United States Supreme Court cases regarding the Act's enforcement and its constitutionality. In particular, analysis focused on how the USSC's decisions affected Native Americans within the field of criminal law, both as defendants and victims, and how these decisions prove to be contradictory or unjustly detrimental in nature. There is also focus on the ongoing issues in the state of Oklahoma resulting from the Major Crimes Act's enforcement that have begun to spread from a state-level crisis into a nationwide problem. The thesis concludes …

A Commentary On Qualified Immunity In The Aftermath Of City Of Tahlequah V. Bond, Delores Jones-Brown, Paul Reck, Richard C. Helfers, Henry F. Fradella

Criminal Justice Faculty Publications and Presentations

In this Article, we argue that the Bond decision continues a line of judicial decisions that make it difficult for plaintiffs to seek civil redress against officers who cause serious injury or death to private citizens. We note that this judicial trend runs counter to public demand for police accountability and thwarts the legislative intent behind the enactment of 42 U.S.C.A. § 1983. We suggest that police practice, policy, standards and training-not judicial opinions ­should govern whether officers will be immune from the conse­quences of their actions, especially in areas where a substantial amount of empirical evidence exists to alert …

After The Criminal Justice System, Benjamin Levin

Scholarship@WashULaw

Since the 1960s, the “criminal justice system” has operated as the common label for a vast web of actors and institutions. But, as critiques of mass incarceration have entered the mainstream, academics, activists, and advocates increasingly have stopped referring to the “criminal justice system.” Instead, they have opted for critical labels—the criminal legal system, the criminal punishment system, the prison industrial complex, etc. What does this re-labeling accomplish? Does this change in language matter to broader efforts at criminal justice reform or abolition? Or, does an emphasis on labels and language distract from substantive engagement with the injustices of contemporary …

“Progressive” Prosecutors And “Proper” Punishments, Benjamin Levin

Scholarship@WashULaw

After decades of relative inattention to prosecutorial elections, academics and activists recently have focused on “progressive prosecutors” as a promising avenue for criminal justice reform. That said, the growing literature on progressive prosecutors reflects little clarity about what makes a prosecutor “progressive.” Recent campaigns suggest disparate visions of how to operationalize “progressive prosecution.” In this chapter, I describe four ideal types of progressive prosecutor: (1) the progressive who prosecutes, (2) the proceduralist prosecutor, (3) the prosecutorial progressive, and (4) the anti-carceral prosecutor. Looking to sentencing policy as a case study, I examine how these different ideal types illustrate different visions …

Prosecuting The Crisis, Benjamin Levin

Scholarship@WashULaw

Over the past decade, activists and academics have celebrated the rise of the so-called “progressive prosecutor” movement. District attorney candidates—often former public defenders or civil rights lawyers—have promised to use prosecutorial discretion to address the injustices of the criminal system. A proliferation of such campaigns, and the electoral successes of some of these candidates have raised questions about progressive prosecution: what does it actually mean to be a progressive prosecutor? Does progressive prosecution work? Do progressive candidates follow through on campaign promises? And, how enthusiastic should defense attorneys, reformers, and critics of the carceral state be about progressive prosecution? The …

Criminal Law Exceptionalism, Benjamin Levin

Scholarship@WashULaw

For over half a century, U.S. prison populations have ballooned and criminal codes have expanded. In recent years, a growing awareness of mass incarceration and the harms of criminal law across lines of race and class has led to a backlash of anti-carceral commentary and social movement energy. Academics and activists have adopted a critical posture, offering not only small-bore reforms, but full-fledged arguments for the abolition of prisons, police, and criminal legal institutions. Where criminal law was once embraced by commentators as a catchall solution to social problems, increasingly it is being rejected, or at least questioned. Instead of …

Victims’ Rights Revisited, Benjamin Levin

Scholarship@WashULaw

This Essay responds to Bennett Capers's article, "Against Prosecutors." I offer four critiques of Capers’s proposal to bring back private prosecutions: (A) that shifting power to victims still involves shifting power to the carceral state and away from defendants; (B) that defining the class of victims will pose numerous problems; C) that privatizing prosecution reinforces a troubling impulse to treat social problems at the individual level; and (D) broadly, that these critiques suggest that Capers has traded the pathologies of “public” law for the pathologies of “private” law. Further, I argue that the article reflects a new, left-leaning vision of …

Criminal Justice And Criminal Justice News, Georgia Southern University

Criminal Justice & Criminology: News & Publications (2012-2023)

• Internship Showcase

Cheating From A Distance: An Examination Of Academic Dishonesty Among University Students, Timothy K. Daty

Doctoral Works at the University of New Haven

Academic dishonesty among college students has been an enduring issue within higher education. While prior research has explored this issue, the recent global pandemic has shifted collegiate demographics dramatically, particularly within online courses. As a result, previous findings may prove less applicable, warranting new research into student cheating within this current educational landscape. Given these new enrollment trends, this study investigated intentions to cheat in traditional and online class settings, and for criminal justice and non-criminal justice majors. Utilizing principles of rational choice theory, other factors related to academic misconduct also were explored.

For this study, original data were collected …