Legal Studies Commons^™

Framing And Perceptions Of Stalking: The Influence Of Conduct Severity And The Perpetrator-Target Relationship, Adrian J. Scott, Nikki Rajakaruna, Lorraine P. Sheridan

Research outputs 2013

Research has demonstrated that the way in which questions are presented (i.e. framed) has the capacity to influence responses to subsequent questions. In the context of stalking, perception research has often been framed in terms of whether or not particular behaviours constitute stalking. The current research investigates whether the framing of the opening question (question frame), conduct severity and the perpetrator target relationship influence perceptions of stalking. Two studies employed experimental 3 3 independent factorial designs: one to examine question frame and conduct severity, the other to examine question frame and the perpetrator target relationship. Participants in both studies (total …

Understanding Perceptions Of Stalking: The Impact Of Additional Contextual Information Regarding The Breakdown Of Relationships, Simon C. Duff, Adrian J. Scott

Research outputs 2013

Purpose: Perception research has demonstrated that people view stranger stalkers to be more persistentand dangerous than ex-partner stalkers. Although these findings are consistent with the outcome of legal processes where stranger stalkers are more likely to be convicted, they contrast with the findings of national surveys and applied research where ex-partner stalkers represent the most persistent and dangerous relational subtype. The aim of the current study is to further examine the influence of prior relationship on perceptions of stalking by considering the impact of additional contextual information regarding the breakdown of ex-partners’ relationships for the first time.

Design/methodology/approach: In this …

The Attribution Of Responsibility In Cases Of Stalking, Adrian J. Scott, Jeffery Gavin, Emma Sleath, Lorraine Sheridan

Research outputs 2013

There is a general belief that stranger stalkers present the greatest threat to the personal safety of victims, despite national victimisation surveys and applied research demonstrating that ex-partner stalkers are generally more persistent and violent. The just-world hypothesis offers a possible explanation for this apparent contradiction. The current research used nine hypothetical scenarios, administered to 328 university students, to investigate the assumptions that underlie attributions of responsibility in cases of stalking. It explores whether these assumptions are consistent with the proposed mechanisms of the just-world hypothesis, and whether they vary according to the nature of the perpetrator–victim relationship and conduct …

Incarceration And The Economic Fortunes Of Urban Neighborhoods, Jeffrey A. Fagan, Valerie West

Faculty Scholarship

This chapter turns to the response of the criminal justice system to neighborhood violence, in particular examining to what extent persistently high levels of incarceration can depress economic well-being and human capital in disadvantaged and racially segregated communities. A panel analysis of New York City neighborhoods between 1985 and 1996, a period in which the city's violent-crime rates both rose and fell sharply, provides evidence that high incarceration rates reduce income growth, educational attainment, and work experience in disadvantaged and racially segregated neighborhoods. To rectify this, targeted micro investment and housing development in such areas can break the connection between …

Drones And The International Rule Of Law, Rosa Brooks

Georgetown Law Faculty Publications and Other Works

This essay will proceed in four parts. First, it will briefly discuss the concept of the international rule of law. Second, it will offer a short factual background on US drone strikes (to the extent that it is possible to provide factual background on a practice so shrouded in secrecy). Third, it will highlight some of the key ways in which post 9/11 US legal theories relating to the use of force challenge previously accepted concepts and seek to redefine previously well-understood terms. Fourth, it will offer brief concluding thoughts on the future of the international rule of law in …

Plea Bargaining, Sentence Modifications, And The Real World, Julian A. Cook

Scholarly Works

This article examines the 2011 Supreme Court decision in United States v. Freeman. At issue was whether defendants, such as Freeman, who enter a guilty plea pursuant to a binding plea agreement, are entitled to seek a modification of their sentence when the guideline range applicable to their offense has subsequently been lowered by the United States Sentencing Commission. By a five-to-four vote, the Court found that Freeman was eligible to seek a sentence reduction. However, as the article explains, the concurring and controlling opinion of Justice Sotomayor may ultimately prove to be problematic for criminal defendants generally and for …

Revulsion And Palatability: The Staying Power Of Death Penalty Rituals - Last Meals And Beyond, Angie Wheaton

Online Theses and Dissertations

The United States has a rich history surrounding capital punishment, and execution rituals are central to this history. The death penalty regime has evolved from a primarily private-based justice system to the state-carceral capital punishment system we have today. This thesis uses three historical eras as the framework for analyzing methods of executions and the rituals that surround them. Throughout each period, rituality has helped cushion the revulsion that is inherently present when taking the life of a human being. If revulsion is not managed, the legitimacy of capital punishment can be questioned. The apex of the capital punishment legitimacy …

Nowhere To Go: The Trend To Criminalize The Nation's Homeless, Jessica Anderson

Online Theses and Dissertations

The criminal justice system often uses much force in its response to the homeless population. The homeless are often targeted and have their basic human dignities trampled as law enforcement destroys their property and jails them for activity essential for human existence as those activities are criminalized. With the negative perception held by much of the criminal justice system, no homeless person can receive impartial treatment at the hands of the criminal justice system. This ethnographic study researches the trends in the criminalization of the homeless by interviewing seven respondents for their experiences and observations.

Examining The Role Of Race, Gender, And Class In African-American Police Perceptions In Rural Kentucky, Paul Maxwell Blackhurst

Online Theses and Dissertations

Prior research has consistently demonstrated the role of race in understanding racial and ethnic differences in perceptions of the police. This research has overwhelmingly shown that Blacks and Latinos hold lower levels of trust and confidence in the police than do Whites and other racial minorities. The increased skepticism of the police expressed by minority citizens is commonly associated with racial profiling and documented racial disparities in police behavior. Although policing research has empirically demonstrated the influence of race on perceptions of the police, few studies have explored police perceptions from a rural context. By employing the Citizen's Attitudes Towards …

The Upper Big Branch Mine Explosion: Occupational Hazard Or Preventable Tragedy; A Look At State-Corporate Crime, Cassandra Tate

Online Theses and Dissertations

Corporate crimes, defined as "illegal and harmful acts committed by officer and employees of corporations to promote corporate interests," have a greater impact on society than many street crimes. Corporate crime includes a range of white-collar crimes that affect employees and consumers. White-collar and corporate crimes are often ignored by the media unless there is involvement in some high profile scandal. There tends to be a paucity of research associated with coal industry related corporate crimes. This includes personal and death related events in the coal mining industry. This was evident in the 2010 explosion at the Upper Big Branch …

Factors That Contribute To Success In Policing Based On Prior Military Experience, Thomas Salem Fagan

Online Theses and Dissertations

This research attempted to determine whether current law enforcement officers with military experience felt that they were more prepared for their jobs in the agency than officers without military experience. Law enforcement officers from two police departments were selected to take a survey based on their military backgrounds. This survey was completed and the results were reviewed.

It was concluded that law enforcement officers with military experience felt that they were more prepared for the job and had an edge over other officers with no background in the military. In addition, officers with combat experience also felt that they had …

Sexual Victimization Among Sorority Women, Amanda Hinkel

Online Theses and Dissertations

Numerous studies have shown that sorority women have been found to be at greater risk for sexual victimization (including rape and sexual assault) than non-sorority women (29% to 7% respectively; Minow & Einolf, 2009) for several reasons, including: frequent contact and association with fraternity men, the prevalence of alcohol in Greek life, and the effects alcohol has on the body once it is consumed. This paper summarizes research on the circumstances that increase the likelihood that sorority women will become victims of sexual assault, sexual coercion, or rape.

Since the research has suggested that one in four college women are …

Music Piracy And Its Criminalization: Understanding The Napster Era (1999) To Present Through Donald Black's Theory Of Moral Time, Craig Robert Jankowski

Online Theses and Dissertations

In the year 1999 Napster, a provider of music downloading software, broke news headlines around the world when copyright infringement lawsuits were filed against the company. Ever since then internet music piracy has been a very controversial topic and a target for criminalization efforts. In the field of criminology there have been few attempts to apply theory to the topic of internet music piracy. Theorization of internet music piracy has mainly focused on the illegal behavior of music piracy, explaining the motivations and knowledge behind it. Something that has been neglected in theoretical work of online music piracy is its …

Predicting Inmate Economic Conflict In Female Housing Units: Individual Factors Versus Social Climate Factors, Polina Andreyevna Karpova

Online Theses and Dissertations

Despite the fact that a number of studies have focused on different types of prison victimization, very little research has investigated inmate economic conflict. This study describes the context of inmate economic conflict and examines the factors that may account for the development of this conflict in female housing facilities. The secondary data analysis study is based on validated survey data from 3499 female inmates housed in fifteen correctional facilities located in seven different states. In addition to conducting descriptive statistical analyses, inmate economic conflict scores were regressed on a range of individual-related (background) and social climate-related (environmental) variables. This …

A Deconstruction Of Dexter: An Analysis Of Noble Cause Corruption Within A Crime Drama, Alyssa Lawrence

Online Theses and Dissertations

The literature on corruption within law enforcement typically addresses factors such as brutality, dishonesty, accepting bribes, and using falsified evidence. This research project examines noble cause corruption (NCC), an area that scholarship has ignored until the last ten years. NCC is defined by Crank and Caldero (2007) as using illegal means to achieve good ends. Although NCC is not a new phenomenon it has become of greater focus in television and movies. Many recent television shows have represented NCC in a positive light, almost disguising it as if it were not present. Therefore the topic of this paper is not …

Risk To Public Safety Posed By Adjudicated Delinquent Juvenile Sex Offenders: Do They Really Need To Register, Donna Susan Mynatt

Online Theses and Dissertations

This study examined sexual and non-sexual recidivism among a sample of delinquent juvenile sexual offenders (JSOs) following commitment to a state juvenile correctional agency. Both juvenile and adult recidivism rates were studied. The results showed a low rate of sexual recidivism and a high rate of non-sexual recidivism across a 4-year follow-up period past age18. Logistic and linear regression identified 4 significant predictor variables of non-sexual recidivism. JSOs that were non-white, un-related to the victim in the initial offense, or used another location for the initial offense other than their own home, were significantly more likely to commit non-sexual recidivism. …

Police Deception: A Survey Of Eku Students, Jason Anthony Nicholson

Online Theses and Dissertations

Abstract

Police deception has been both good and bad for society. Deceptive interrogation is an effective method of gaining confessions and convictions. It is also dangerous in that it raises the potential for false confessions, damages police-citizen relationships, damages case strength, and encourages lying in other aspects of policing. The purpose of the study was to gauge the opinions of students regarding deceptive interrogation by police. A survey was administered to a purposive sample of undergraduates at Eastern Kentucky University. The survey asked questions regarding the students' level of approval toward different scenarios of police deception. It also asked some …

Concepts Of Law, Mathew D. Mccubbins, Mark Turner

Faculty Scholarship

No abstract provided.

Economic Theory Lost In Translation: Will Behavioral Economics Reshape The Compelled Commercial Speech Doctrine, Kyle Rozema

Scholarship@WashULaw

This Article consolidates the economic and legal theory needed to properly analyze the impact of salience measures on the commercial speech doctrine. By walking through various First Amendment scenarios, this Article describes and differentiates between the two main governmental interests motivating graphic image requirements on cigarette labels: reducing smoking and informing consumers. The Article then sets up a game-theoretic model of the compelled commercial speech doctrine and uses Bayesian inference to make assumptions about how the Supreme Court would rule if it eventually rules on similar graphic images placed on cigarette labels. Solving the model by way of forward induction …

De-Naturalizing Criminal Law: Of Public Perceptions And Procedural Protections, Benjamin Levin

Scholarship@WashULaw

In this essay, I examine and challenge the rhetorical trope of the guilty going free by emphasizing the institutional and political intricacies that comprise the criminal justice system and necessarily under-gird a determination of “guilt”. My goal, at its essence, is to de-naturalize the criminal law and discussions of the criminal justice system in the context of this symposium. I aim to emphasize that a guilty verdict is the result of a series of (politically-inflected) decisions about how to draft criminal statutes, how to structure a trial, and how to select a jury. De-naturalizing criminal law is, of course, a …

American Gangsters: Rico, Criminal Syndicates, And Conspiracy Law As Market Control, Benjamin Levin

Scholarship@WashULaw

In an effort to re-examine legal and political decisions about criminalization and the role of the criminal law in shaping American markets and social institutions, this Article explores the ways in which criminal conspiracy laws in the United States have historically been used to subdue non-state actors and informal markets that threatened the hegemony of the state and formal market. To this end, the Article focuses primarily on the Racketeer Influenced and Corrupt Organizations Act (RICO) as illustrative of broader trends in twentieth century criminal policy. Enacted in 1970, RICO provides criminal sanctions for individuals engaged in unacceptable organized activities …

Litigating Toward Settlement, Christina L. Boyd, David A. Hoffman

Scholarship@WashULaw

Civil litigation typically ends when the parties compromise. While existing theories of settlement primarily focus on information exchange, we instead examine how motion practice, especially non-discovery motions, can substantially shape parties’ knowledge about their cases and thereby influence the timing of settlement. Using docket-level federal district court data, we find a number of strong effects regarding how motions can influence this process, including that the filing of a motion significantly speeds case settlement, that granted motions are more immediately critical to settlement timing than motions denied, and that plaintiff victories have a stronger effect than defendant victories. These results provide …

The Dangers Of Surveillance, Neil M. Richards

Scholarship@WashULaw

From the Fourth Amendment to George Orwell’s Nineteen Eighty-Four, our culture is full of warnings about state scrutiny of our lives. These warnings are commonplace, but they are rarely very specific. Other than the vague threat of an Orwellian dystopia, as a society we don’t really know why surveillance is bad, and why we should be wary of it. To the extent the answer has something to do with “privacy,” we lack an understanding of what “privacy” means in this context, and why it matters. Developments in government and corporate practices have made this problem more urgent. Although we have …

Three Paradoxes Of Big Data, Neil M. Richards, Jonathan H. King

Scholarship@WashULaw

Big data is all the rage. Its proponents tout the use of sophisticated analytics to mine large data sets for insight as the solution to many of our society’s problems. These big data evangelists insist that data-driven decision making can now give us better predictions in areas ranging from college admissions to dating to hiring to medicine to national security and crime prevention. But much of the rhetoric of big data contains no meaningful analysis of its potential perils, only the promise. We don’t deny that big data holds substantial potential for the future, and that large dataset analysis has …

The Perils Of Social Reading, Neil M. Richards

Scholarship@WashULaw

Our law currently treats records of our reading habits under two contradictory rules: rules mandating confidentiality and rules permitting disclosure. Recently, the rise of the social Internet has created more of these records and more pressures on when and how they should be shared. Companies like Facebook, in collaboration with many newspapers, have ushered in the era of “social reading,” in which what we read may be “frictionlessly shared” with our friends and acquaintances. Disclosure and sharing are on the rise.

This Article sounds a cautionary note about social reading and frictionless sharing. Social reading might have some appeal, but …

Building A Taxonomy Of Litigation: Clusters Of Causes Of Action In Federal Complaints, Christina L. Boyd, David A. Hoffman, Zoran Obradovic, Kosta Ristovski

Scholarship@WashULaw

This project empirically explores civil litigation from its inception by examining the content of civil complaints. We utilize spectral cluster analysis on a newly compiled federal district court dataset of causes of action in complaints to illustrate the relationship of legal claims to one another, the broader composition of lawsuits in trial courts, and the breadth of pleading in individual complaints. Our results shed light not only on the networks of legal theories in civil litigation but also on how lawsuits are classified and the strategies that plaintiffs and their attorneys employ when commencing litigation. This approach permits us to …

Rethinking The Principal-Agent Theory Of Judging, Rafael I. Pardo, Jonathan Remy Nash

Scholarship@WashULaw

This Essay offers new insights into understanding the relationship between higher and lower courts and responds to the extant literature that has characterized the relationship as one involving a principal and an agent. We challenge the underpinnings of the principal-agent understanding of judicial hierarchies and identify problems with the theory’s applicability in this context. While principals ordinarily select their agents, higher court judges usually do not select lower court judges. Moreover, while lower court judges may cast votes with an eye to the possibility of elevation to a higher court, the higher court judges who review the lower court’s decisions …

Keep Your Update To Yourself, Neil M. Richards

Scholarship@WashULaw

An essay from Wired Magazine (UK)'s special edition, The Wired World in 2013. The essay makes the argument that frictionless sharing of reading habits should decline in 2013.

The Freedom Of The Church (New Revised Standard Version), John D. Inazu

Scholarship@WashULaw

Significant discussion about the “freedom of church” has recently emerged at the intersection of law and religion scholarship and political theology. That discussion gained additional traction with the Supreme Court’s ruling in Hosanna-Tabor v. E.E.O.C., which recognized the First Amendment’s “special solicitude” for religious organizations. But the freedom of the church is at its core a theological concept, and its potential integration into our constitutional discourse requires a process of translation. The efficacy of any background political concept as legal doctrine will ultimately stand or fall on something akin to what Frederick Schauer has called “constitutional salience.”

The existing debate …

Virtual Assembly, John D. Inazu

Scholarship@WashULaw

This Article provides one of the first scholarly considerations of the constitutional boundaries for online groups. It explores both why and how we should protect these groups by asking two related questions. The first question is theoretical: do online groups implicate the kinds of values that warrant elevated constitutional protection. The second question is doctrinal: what is the best framework for providing constitutional protection to these groups. The Article argues that we should protect online groups because they advance important First Amendment values and because the line between our offline and our online groups is collapsing. Turning to the doctrinal …