Legal Studies Commons^™

Incarceration Of Nonviolent Offenders At The High Court In Oyo State, Nigeria, Olugbenga Rotimi Akanji

Walden Dissertations and Doctoral Studies

The nonuse of community correction in the Nigeria criminal justice system has led to increased recidivism, contributed to prison congestion, introduced the risk of prison victimization, and lacked the provision of a rehabilitative structure for nonviolent offenders. The purpose of this phenomenological research study was to explore Nigerian judges' use of alternatives to incarcerations for nonviolent offenders. Dolinko retributive punishment theory provided the theoretical framework for this study. Ten participant judges comprised the study sample from a purposeful and criterion random sampling method. Data were collected from participants through structured interviews and were coded manually, sorted, and analyzed using the …

Contemporary Terrorism Paradigm: Terrorist Attacks On Transportation Systems, Gabbi Berlanti

Honors Theses

The Contemporary Terrorism Paradigm has been examined in concept, but little research has applied the theory to specific targeting of terrorist organizations. To build on this limited research, the current study analyzed the number of terrorist incidents targeting the transportation infrastructure in North America, Western Europe, and East Asia between 2001 and 2016 to ascertain if the Contemporary Terrorism Paradigm explains the variance between number of incidents and number of casualties. The use of North America, Western Europe, and East Asia created an opportunity to examine vulnerabilities in the transportation infrastructure and identify areas in the United States transportation infrastructure …

Political Opportunism, Position Taking, And Court-Curbing Legislation., Laura Moyer, Ellen M. Key

Faculty and Staff Scholarship

Although there is extensive scholarship on court-curbing efforts directed at the U.S. Supreme Court, much less is known about bills targeting the lower federal courts. This article argues that members of Congress also engage in position taking with respect to the U.S. Courts of Appeals, by proposing legislation to divide up the Ninth Circuit. Over seven decades, no other circuit has attracted as much court-curbing legislation as the Ninth Circuit, and yet no bill has succeeded. What accounts for this persistent focus on one court? We argue that bill sponsors are motivated primarily by electoral considerations and capitalize on the …

Developmental Patterns Of Religiosity In Relation To Criminal Trajectories Among Serious Offenders Across Adolescence And Young Adulthood, Siying Guo

Theses and Dissertations

The knowledge about the relationship between changes in both religiosity and crime over time remains limited. This dissertation aims to add to the existing body of literature and fill the gaps in prior studies by examining the religiosity-crime relationship in a sample of adjudicated adolescents studied in the Pathways to Desistance Study, a seven-year longitudinal dataset. Using Group-Based Trajectory Models and Growth Curve Models, this dissertation identifies distinctive trajectories of religious attendance, religious importance, and spirituality and their dynamic relationships with changes in different types of substance use and criminal behavior. Given the initial level of substance use and criminal …

The Importance Of Outcome Fairness: Revisiting The Role Of Distributive Justice, Kyle Mclean

Theses and Dissertations

Distributive justice, or the perceived fairness of outcomes, has played a minimal role in research into procedural justice and legitimacy in policing. However, allegations of racial bias that have contributed to the present legitimacy crisis in policing are more consistent with the concept of distributive justice than procedural justice. As such, the present study attempts to re-orient distributive justice within policing research. This study proposes that individuals infer the fairness of outcomes from the treatment that they receive from police officers. These judgments about outcome and treatment then combine to influence individuals’ perceptions of the legitimacy of police. In addition …

Ghosting: It’S Time To Find Uniformity On Ghostwriting, Jona Goldschmidt

Criminal Justice & Criminology: Faculty Publications & Other Works

There is no way of knowing how many, and for how long, lawyers and nonlawyers have engaged in ghostwriting pleadings to assist pro se litigants — indigent or nonindigent. It is reasonable to assume that many lawyers and others have acted as ghostwriters in order to facilitate greater access to the court, rather than for personal gain. Despite the laudable motives of ghostwriters, ghostwriting has historically been considered an illegitimate form of unbundling legal services because of the spate of federal court opinions opposing the practice on ethical and Rule 11-violation grounds. This article addresses the current anomalous situation in …

If I Had A Million Cryptos: Cryptowallet Application Analysis And A Trojan Proof-Of-Concept, Trevor Haigh, Frank Breitinger, Ibrahim Baggili

Electrical & Computer Engineering and Computer Science Faculty Publications

Cryptocurrencies have gained wide adoption by enthusiasts and investors. In this work, we examine seven different Android cryptowallet applications for forensic artifacts, but we also assess their security against tampering and reverse engineering. Some of the biggest benefits of cryptocurrency is its security and relative anonymity. For this reason it is vital that wallet applications share the same properties. Our work, however, indicates that this is not the case. Five of the seven applications we tested do not implement basic security measures against reverse engineering. Three of the applications stored sensitive information, like wallet private keys, insecurely and one was …

Prosecution As The "Soul Crushing Job:" Complexities Of Campus Sexual Assault Cases, Tammi L. Slovinsky

Theses and Dissertations

On April 4, 2011, the U.S. Department of Education issued a Dear Colleague Letter on campus sexual assault reaffirming the intent of Title IX, the 1972 law that prohibits discrimination sex-based under any education program or activity receiving federal financial assistance. In response to growing concern over due process rights for defendants, in September 2017 the guidance was rescinded. Public policy continues to evolve, leading to potentially lasting institutional changes on many college campuses. These developments include the formalization of campus investigations and adjudications, the development of campus coordinating committees and expanded support mechanisms for victims. In Virginia, laws passed …

Validation Of Virginia's Juvenile Risk Assessment Instrument, Jessica P. Schneider

Theses and Dissertations

Utilizing a validated risk assessment tool to predict future offending is recommended as best practices in corrections by a number of professional organizations (Latessa & Lovins, 2010). Guided by the risk-needs-responsivity model, risk assessment tools have evolved to help inform criminal justice practitioners by identifying offenders most in need of intervention or supervision, guiding the case plan to optimize outcomes (Bonta & Andrews, 2007). The Virginia Department of Juvenile Justice (DJJ) utilizes the Youth Assessment and Screening Instrument (YASI) at all stages of contact with youthful offenders, including intake, probation, commitment, and parole (DJJ, 2016). However, risk assessment instruments do …

Police Officer Perceptions Of Organizational Justice And Body-Worn Cameras: A Civilizing Effect?, Carolyn Naoroz Ph.D.

Theses and Dissertations

This research sought to understand the potential association between officer perceptions of organizational justiceand officer perceptions of body-worn cameras (BWCs). A questionnaire was administered to a convenience sample of 362 officersfrom the 750 sworn personnel from the Richmond Police Department in Richmond, VA, yielding a response rate of 91% and representing 44% of the Richmond Police Department’s sworn employees. This study extends prior work by partially replicating a previous BWC survey conducted by leading body-worn camera scholars, utilizing a large sample from an urban mid-Atlantic police department. This study also extends prior work on officer perceptions of organizational justice …

The Effects Of The War On Drugs On Black Women: From Early Legislation To Incarceration, Tiffany Simmons

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Local Incarceration As Social Control: A National Analysis Of Social, Economic, And Political Determinants Of Jail Use In The United States, Heather M. Ouellette

Theses and Dissertations

Previous research indicates that community context impacts social control. Several scholars have identified social, economic and political factors to be important predictors of police force size, arrests rates and incarceration rates. Few studies, however, have examined jail use as an indicator of formal social control. Millions of individuals pass through jails every year, and these local facilities are at the center of the criminal justice system, reflecting mobilization of social control by law enforcement, courts and corrections. Drawing from a social threat perspective and political framework, this study seeks to understand how community context affects local incarceration. Specifically, this study …

The Short-Term Self-Control Stability Of College Students, Nicholas James Blasco

Theses and Dissertations

Since the stability problem was first outlined by Gottfredson and Hirschi (1990) in their influential work A General Theory of Crime it has received a steady stream of attention from the academic community. Researchers have studied juveniles and adults and have implemented a variety of methodological and statistical approaches. Many of these studies do not show support for the theoretical concept outlined by Gottfredson and Hirschi; yet, there were exceptions. The current study used a slightly different theoretical approach accompanied with research methodology that is still in its infancy. While most studies testing the relative stability of self-control use longitudinal …

A Quasi-Experimental Analysis Of School-Based Situational Crime Prevention Measures, Gary Zhang

Theses and Dissertations

In recent years, there has been an expansion of situational crime prevention (SCP) measures in K-12 schools, including physical controls, law enforcement personnel, and security policies that are designed to prevent crime by modifying the situational features of school environments. Although SCP measures are now increasingly commonplace in schools, there is inadequate research demonstrating the need for SCP measures and their impacts on school crime. In particular, there is contradictory and inconclusive evidence of their effectiveness and research has largely been limited to examining aggregate outcomes through the use non-experimental, correlational designs. This dissertation aims to address these gaps in …

Association Between Perception Of Police Prejudice Against Minorities And Juvenile Delinquency, Kwang Hyun Ra

Theses and Dissertations

Criminologists have long studied police prejudice with the assumption that it is a fundamental problem resulting in discrimination against certain racial and ethnic groups. However, little research has examined how individuals’ perceptions of police prejudice (PPP) influences compliance or delinquency behavior among the public. To fill this gap, in this paper, I reviewed relations between police and racial/ethnic groups, theorized an association between PPP and juvenile delinquency, and empirically examined the association.

The long history of racial/ethnic prejudice and discrimination predisposes racial/ethnic minorities to consider themselves targets of discrimination and to feel powerless. Moreover, some minorities justify the current system …

Whether The Bright-Line Cut-Off Rule And The Adversarial Expert Explanation Of Adaptive Functioning Exacerbates Capital Juror Comprehension Of The Intellectual Disability, Leona Deborah Jochnowitz

Touro Law Review

No abstract provided.

Bankrupted Slaves, Rafael I. Pardo

Scholarship@WashULaw

Responsible societies reckon with the pernicious and ugly chapters in their histories. Wherever we look, there exist ever-present reminders of how we failed as a society in permitting the enslavement of millions of black men, women, and children during the first century of this nation’s history. No corner of society remains unstained. As such, it is incumbent on institutions to confront their involvement in this horrific past to fully comprehend the kaleidoscopic nature of institutional complicity in legitimating and entrenching slavery. Only by doing so can we properly continue the march of progress, finding ways to improve society, not letting …

The Weakening Of Fiduciary Law, Andrew F. Tuch

Scholarship@WashULaw

In the 1970s and 80s, as major financial institutions grew and diversified their operations, courts and scholars recognized that fiduciary law posed profound challenges for the organizational practices of these firms. The challenges were considered existential by some: firms, ultimately, would need to slim down their operations, and perhaps even need to disaggregate some units, to avoid fiduciary liability. However, since these challenges were recognized, financial conglomerates have grown massively and focused more on taking direct stakes as principals, a practice that accentuates the risk of conflicts of interest.

How were financial conglomerates able to continue growing and diversifying despite …

The Consensus Myth In Criminal Justice Reform, Benjamin Levin

Scholarship@WashULaw

It has become popular to identify a “bipartisan consensus” on criminal justice reform, but how deep is that consensus, actually? This article argues that the purported consensus is largely illusory. Despite shared reformist vocabulary, the consensus rests on distinct critiques that identify different flaws and justify distinct policy solutions. The underlying disagreements transcend traditional left/right political divides and speak to deeper disputes about the state and the role of criminal law in society. The article offers a typology of the two prevailing, but fundamentally distinct, critiques of the system: (1) the quantitative approach (what I call the “over” frame); and …

Criminal Employment Law, Benjamin Levin

Scholarship@WashULaw

This Article diagnoses a phenomenon, “criminal employment law,” which exists at the nexus of employment law and the criminal justice system. Courts and legislatures discourage employers from hiring workers with criminal records and encourage employers to discipline workers for non-work-related criminal misconduct. In analyzing this phenomenon, my goals are threefold: (1) to examine how criminal employment law works; (2) to hypothesize why criminal employment law has proliferated; and (3) to assess what is wrong with criminal employment law. This Article examines the ways in which the laws that govern the workplace create incentives for employers not to hire individuals with …

Oil Dries: A New Absorbent Material For Collection Of Ignitable Liquids From Semi-Porous Material, Jessica Sosa

Online Theses and Dissertations

Extraction of an ignitable liquid sample from a semi-porous surface such as concrete is especially difficult. For this purpose, two different solid oil dry absorbent materials, Instazorb and MAXXAbsorb, were researched for use of collection of ignitable liquid samples at a fire scene. These oil dries were spiked with different ignitable liquids (Coleman fuel, gasoline, kerosene, and diesel). Isolation of the ignitable liquid from the oil dry absorbent was accomplished by passive headspace isolation. Data was obtained by gas chromatography coupled with flame ionization detection (GC-FID) and gas chromatography coupled with mass spectrometry (GC-MS). Chromatograms obtained from both oil dries …

The Intersection Between Young Adult Sentencing And Mass Incarceration, Joshua Gupta-Kagan

Faculty Scholarship

This Article connects two growing categories of academic literature and policy reform: arguments for treating young adults in the criminal justice system less severely than older adults because of evidence showing brain development and maturation continue until the mid-twenties; and arguments calling for reducing mass incarceration and identifying various mechanisms to do so. These categories overlap, but research has not previously built in-depth connections between the two.

Connecting the two bodies of literature helps identify and strengthen arguments for reform. First, changing charging, detention, and sentencing practices for young adults is one important tool to reduce mass incarceration. Young adults …

International Lobbying Law, Melissa (M.J.) Durkee

Scholarship@WashULaw

An idiosyncratic array of international rules allows nonstate actors to gain special access to international officials and lawmakers. Historically, many of these groups were public-interest associations like Amnesty International. For this reason, the access rules have been celebrated as a way to democratize international organizations, enhancing their legitimacy and that of the rules they produce. But a focus on the classic public-law virtues of democracy and legitimacy produces a theory at odds with the facts: The international rules rules also offer access to industry and trade associations like the World Coal Association, whose principal purpose is to lobby for their …

Documenting Bankrupted Slaves, Rafael I. Pardo

Scholarship@WashULaw

Bankrupted Slaves tells a story about institutional complicity in antebellum slavery — that is, the story of how the federal government in the 1840s and 1850s became the owner and seller of thousands of slaves belonging to financially distressed slaveowners who sought forgiveness of debt through the federal bankruptcy process. Relying on archival court records that have not been systematically analyzed by other scholars, Bankrupted Slaves analyzes how the Bankruptcy Act of 1841 and the domestic slave trade inevitably collided to create the bankruptcy slave trade, focusing the analysis through a case study of the Eastern District of Louisiana, which …

Discrimination In Online Employment Recruiting Symposium: Law, Technology, And The Organization Of Work, Pauline T. Kim, Sharion Scott

Scholarship@WashULaw

Employment recruitment is increasingly moving online as employers use Facebook and other social media platforms to advertise job opportunities. This shift to online advertising allows employers to more precisely target workers likely to apply, but also raises concerns about unfair exclusion. This essay explains the mechanisms though which online recruiting can produce discriminatory effects and examines the question of when employers will be liable under existing employment discrimination laws. Both Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act contain little-noticed provisions that specifically forbid discriminatory advertising, in addition to their general prohibitions …

Four Principles For Digital Expression (You Won't Believe #3!), Neil M. Richards, Danielle Keats Citron

Scholarship@WashULaw

At the dawn of the Internet’s emergence, the Supreme Court rhapsodized about its potential as a tool for free expression and political liberation. In ACLU v. Reno (1997), the Supreme Court adopted a bold vision of Internet expression to strike down a federal law–the Communications Decency Act–that restricted digital expression to forms that were merely “decent.” Far more than the printing press, the Court explained, the mid-90s Internet enabled anyone to become a town crier. Communication no longer required the permission of powerful entities. With a network connection, the powerless had as much luck reaching a mass audience as the …

Punishing Criminals For Their Conduct: A Return To Reason For The Armed Career Criminal Act, Sheldon Evans

Scholarship@WashULaw

For over twenty-five years, the Armed Career Criminal Act has produced inconsistent results and has taxed judicial economy perhaps more than any other federal sentencing mechanism. This recidivist sentencing enhancement is meant to punish habitual criminals based on their numerous past crimes, but the Supreme Court’s application of the Act too often allows habitual criminals to escape the intended enhancement on a legal technicality. This comes as a result of the Court’s categorical approach, which punishes habitual criminal offenders based on the statutory elements of their past crimes rather than the conduct of their past crimes. In an effort to …

Factors Contributing To Juvenile Crime Leading To The Disparity Of The Risk Levels For Secure Detainment, Dawn Prystajko

Theses and Dissertations

The main purpose of this research was to explore the factors that contributed to juvenile crime which in turn caused disparity in secure detainment among juveniles. This was based upon the alternate hypothesis that there is a noticeable disparity with minority youths being more securely detained opposed to majority youths. Therefore, the research was designed to examine raw data obtained from the Juvenile Justice Services Planner/JDAI Coordinator of the excel database of juvenile arrests/detainment.

The findings revealed several key points. The finding revealed that useable data extracted from the excel database was not able to neither agree with nor support …

Confident Pluralism: Surviving And Thriving Through Deep Difference, John D. Inazu

Scholarship@WashULaw

In the three years since Donald Trump first announced his plans to run for president, the United States seems to become more dramatically polarized and divided with each passing month. There are seemingly irresolvable differences in the beliefs, values, and identities of citizens across the country that too often play out in our legal system in clashes on a range of topics such as the tensions between law enforcement and minority communities. How can we possibly argue for civic aspirations like tolerance, humility, and patience in our current moment?

In Confident Pluralism, John D. Inazu analyzes the current state …

The Purpose (And Limits) Of The University, John D. Inazu

Scholarship@WashULaw

Scholars of the university have written volumes about contemporary challenges to higher education. Meanwhile, legal scholars writing about the university have typically focused on its First Amendment dimensions rather than on those challenges. This Article links insights from these two groups of scholars to clarify and defend the purpose of the public university against growing technological, ideological, and cultural pressures. It argues that a better understanding of the relationship between the First Amendment and the public university can help strengthen the coherence of the university’s purpose against growing technological, ideological, and cultural pressures. The connection between the First Amendment and …