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Criminology and Criminal Justice Commons™
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Articles 1 - 23 of 23
Full-Text Articles in Criminology and Criminal Justice
Seeking Sanctuary: An Analysis Of U Visa Policies In Omaha, Nebraska And Their Impact On Immigrant Communities, Emma Ehmke
Theses/Capstones/Creative Projects
Since 2000, immigrants have been eligible for U visa status if they are a victim of a particular crime and assist law enforcement in criminal investigations. However, challenges arise for numerous reasons with the I-918 Supplement B form, which must be signed by an agency certifier within law enforcement or an attorney’s office. This study examines the policies of six law enforcement agencies and attorney’s offices in the Omaha Metro Area through semi-structured interviews to understand their approach to U visas and the characteristics of successful applications. The study aims to uncover variations in agency procedures and understandings and the …
The Efficacy Of Us-Mexico Border Enforcement In Relation To Crime Prevention, Samuel Klopstock
The Efficacy Of Us-Mexico Border Enforcement In Relation To Crime Prevention, Samuel Klopstock
Themis: Research Journal of Justice Studies and Forensic Science
The Trump Administration brought substantive changes to United States immigration policies, and labeled undocumented immigrants as predisposed towards criminal behavior. This paper presents a brief historical perspective of three major waves of Mexican immigration to the United States: The Early 1900s – Before World War I, Post-World War I – World War II, End of Bracero Accord – Present, and considers the relationship between immigrants and crime. The author explores contemporary immigration enforcement, both conservative and liberal attitudes towards immigrants, and their effects on policy. Consequences of border enforcement policies and the efficacy of border enforcement in preventing crime are …
White Supremacy, Police Brutality, And Family Separation: Preventing Crimes Against Humanity Within The United States, Elena Baylis
White Supremacy, Police Brutality, And Family Separation: Preventing Crimes Against Humanity Within The United States, Elena Baylis
Articles
Although the United States tends to treat crimes against humanity as a danger that exists only in authoritarian or war-torn states, in fact, there is a real risk of crimes against humanity occurring within the United States, as illustrated by events such as systemic police brutality against Black Americans, the federal government’s family separation policy that took thousands of immigrant children from their parents at the southern border, and the dramatic escalation of White supremacist and extremist violence culminating in the January 6, 2021 attack on the U.S. Capitol. In spite of this risk, the United States does not have …
Immigration Offenses Throughout Federal Sentencing: An Analysis Of The Impact Of Political Affiliation Among Districts, Robin Hood
All Master's Theses
Immigration has remained one of the most controversial political debates throughout the United States. Research has yet to fully examine the effects of political affiliation of federal districts on sentencing outcomes for specific immigration offenses. To fill the gaps in research, this study compares political affiliation of federal districts among immigration offenses to determine variations in sentencing outcomes. Data included Presidential and House of Representative votes for the 2016 election and Monitoring of Federal Sentencing for the fiscal years of 2015-2016. Analysis includes case processing/legal variables, defendant characteristics, and political affiliation. To analyze political affiliation, a binary logistic regression was …
Sanctuary Cities And Their Respective Effect On Crime Rates, Adam R. Schutt
Sanctuary Cities And Their Respective Effect On Crime Rates, Adam R. Schutt
Undergraduate Economic Review
According to the U.S. Center for Immigration Studies (2017), cities or counties in twenty-four states declare themselves as a place of “sanctuary” for illegal immigrants. This study addresses the following question: Do sanctuary cities experience higher crime rates than those cities that are not? Using publicly available data, this regression analysis investigates the relationship between crime rates in selected cities and independent variables which the research literature or the media has linked to criminal activity. Results of this research reveal that sanctuary cities do not experience higher violent or property crime rates than those cities that are not sanctuary cities.
Suffer The Little Children To Come: The Legal Rights Of Unaccompanied Alien Children Under United States Federal Court Jurisprudence, Claire Nolasco, Daniel Braaten
Suffer The Little Children To Come: The Legal Rights Of Unaccompanied Alien Children Under United States Federal Court Jurisprudence, Claire Nolasco, Daniel Braaten
Criminology and Criminal Justice Faculty Publications
This article analyses United States (US) federal court jurisprudence to determine the legal rights of unaccompanied alien children (UAC) in various stages of immigration enforcement proceedings. After briefly discussing statistics on UAC in the US, it explains the legal context of US laws governing unaccompanied minors. Through examining 40 cases decided by the 12 US Circuit Courts of Appeals and various federal district courts, the article specifies how these courts interpreted and expanded on the procedural legal rights of UAC upon apprehension by immigration officials, during placement or detention decisions of the Office of Refugee Resettlement (ORR), prior to voluntary …
Undocumented Crime Victims: Unheard, Unnumbered, And Unprotected, Pauline Portillo
Undocumented Crime Victims: Unheard, Unnumbered, And Unprotected, Pauline Portillo
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming
Effects Of Senate Bill 4 On Wage-Theft: Why All Workers Are At Risk In Low-Income Occupations, Daniella Salas-Chacon
Effects Of Senate Bill 4 On Wage-Theft: Why All Workers Are At Risk In Low-Income Occupations, Daniella Salas-Chacon
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming
The Fear Factor: Exploring The Impact Of The Vulnerability To Deportation On Immigrants' Lives, Shirley P. Leyro
The Fear Factor: Exploring The Impact Of The Vulnerability To Deportation On Immigrants' Lives, Shirley P. Leyro
Dissertations, Theses, and Capstone Projects
This qualitative study explores the impact that the fear of deportation has on the lives of noncitizen immigrants. More broadly, it explores the role that immigration enforcement, specifically deportation, plays in disrupting the process of integration, and the possible implications of this interruption for immigrants and their communities. The study aims to answer: (1) how vulnerability to deportation specifically impacts an immigrant’s life, and (2) how the vulnerability to deportation, and the fear associated with it, impacts an immigrant’s degree of integration. Data were gathered through a combination of six open-ended focus group interviews of 10 persons each, and 33 …
Fostering Legal Cynicism Through Immigration Detention, Emily Ryo
Fostering Legal Cynicism Through Immigration Detention, Emily Ryo
Faculty Scholarship
Every year, tens of thousands of noncitizens in removal proceedings are held and processed through an expanding web of immigration detention facilities across the United States. The use of immigration detention is expected to dramatically increase under the Trump administration’s mass deportation policy. I argue that this civil confinement system may serve a critical socio-legal function that has escaped the attention of policymakers, scholars, and the public alike. Using extensive original data on long-term immigrant detainees, I explore how immigration detention might function as a site of legal socialization that helps to promote or reinforce widespread legal cynicism among immigrant …
Creating Crimmigration, César Cuahtémoc García Hernández
Creating Crimmigration, César Cuahtémoc García Hernández
BYU Law Review
No abstract provided.
The Plea Bargain Crisis For Noncitizens In Misdemeanor Court, Jason A. Cade
The Plea Bargain Crisis For Noncitizens In Misdemeanor Court, Jason A. Cade
Scholarly Works
This Article considers three factors contributing to a plea-bargain crisis for noncitizens charged with misdemeanors: 1) the expansion of deportation laws to include very minor offenses with little opportunity for discretionary relief from removal; 2) the integration of federal immigration enforcement programs with the criminal justice system; and 3) the institutional norms in non-federal lower criminal courts, where little attention is paid to evidence or individual equities and where bail and other process costs generally outweigh perceived incentives to fight charges. The Article contends that these factors increase the likelihood that a noncitizen’s low-level conviction will not reliably indicate guilt …
Who We Are: Incarcerated Students And The New Prison Literature, 1995-2010, Reilly Hannah N. Lorastein
Who We Are: Incarcerated Students And The New Prison Literature, 1995-2010, Reilly Hannah N. Lorastein
Honors Projects
This project focuses on American prison writings from the late 1990s to the 2000s. Much has been written about American prison intellectuals such as Malcolm X, George Jackson, Eldridge Cleaver, and Angela Davis, who wrote as active participants in black and brown freedom movements in the United States. However the new prison literature that has emerged over the past two decades through higher education programs within prisons has received little to no attention. This study provides a more nuanced view of the steadily growing silent population in the United States through close readings of Openline, an inter-disciplinary journal featuring …
Unanswered Questions Of A Minority People In International Law: A Comparative Study Between Southern Cameroons & South Sudan, Bernard Sama Mr
Unanswered Questions Of A Minority People In International Law: A Comparative Study Between Southern Cameroons & South Sudan, Bernard Sama Mr
Bernard Sama
The month July of 2011 marked the birth of another nation in the World. The distressful journey of a minority people under the watchful eyes of the international community finally paid off with a new nation called the South Sudan . As I watched the South Sudanese celebrate independence on 9 July 2011, I was filled with joy as though they have finally landed. On a promising note, I read the UN Secretary General Ban Ki-moon saying “[t]ogether, we welcome the Republic of South Sudan to the community of nations. Together, we affirm our commitment to helping it meet its …
Think Outside The Cell: Are Binding Detention Standards The Most Effective Strategy To Prevent Abuses Of Detained Illegal Aliens?, Federico D. Burlon
Think Outside The Cell: Are Binding Detention Standards The Most Effective Strategy To Prevent Abuses Of Detained Illegal Aliens?, Federico D. Burlon
Political Science Honors Projects
In the last twenty years the U.S. government has increasingly utilized detention to control illegal immigration. This practice has become controversial because it has caused numerous in-custody abuses and deaths of immigrants, asylum seekers, refugees and even citizens. Immigrant rights advocates have called for the passage of binding detention standards to prevent in-custody abuses. This thesis’s policy analysis reveals, however, that while they may finesse the practice of immigration detention, such binding standards would be ineffective in protecting immigrants’ rights. Instead this policy analysis calls for and explains the feasibility of discontinuing the practice of mass immigrant detention.
Labour Trafficking: Prosecutions And Other Proceedings, Fiona M. David Ms
Labour Trafficking: Prosecutions And Other Proceedings, Fiona M. David Ms
Fiona David
In Australia, three defendants in two cases have been charged and prosecuted for ‘slavery’ or ’trafficking in persons’ under the Criminal Code (Cth), in circumstances where the crimes have allegedly occurred in contexts other than the sex industry. These cases tend to be described as instances of ‘labour trafficking’, even though the parameters of this phrase are far from settled (see further AIC 2009). This brief describes the progression of these two cases through the Australian court system, with varying outcomes.
Building The Infrastructure Of Anti-Trafficking: Information, Funding, Responses, Fiona M. David Ms
Building The Infrastructure Of Anti-Trafficking: Information, Funding, Responses, Fiona M. David Ms
Fiona David
No abstract provided.
Labour Trafficking: Key Concepts And Issues, Fiona M. David Ms
Labour Trafficking: Key Concepts And Issues, Fiona M. David Ms
Fiona David
At the international level, there is no single, clear definition of ‘labour trafficking’. Arguably, the expression can be used to describe those forms of trafficking in persons of which the exploitative purpose relates to a person’s labour. There are, however, debates over the scope and meaning of these terms. This brief provides an introduction to key terms and notes some of the issues that remain less settled.
Law Enforcement And Intelligence Gathering In Muslim And Immigrant Communities After 9/11, David A. Harris
Law Enforcement And Intelligence Gathering In Muslim And Immigrant Communities After 9/11, David A. Harris
Articles
Since the attacks of September 11, 2001, law enforcement agencies have actively sought partnerships with Muslim communities in the U.S. Consistent with community-based policing, these partnerships are designed to persuade members of these communities to share information about possible extremist activity. These cooperative efforts have borne fruit, resulting in important anti-terrorism prosecutions. But during the past several years, law enforcement has begun to use another tactic simultaneously: the FBI and some police departments have placed informants in mosques and other religious institutions to gather intelligence. The government justifies this by asserting that it must take a pro-active stance in order …
Prosecuting Trafficking In Persons: Known Issues, Emerging Responses, Fiona M. David Ms
Prosecuting Trafficking In Persons: Known Issues, Emerging Responses, Fiona M. David Ms
Fiona David
This paper is the second in a series that examines the different components of the criminal justice response to trafficking in persons. Specifically, this paper seeks to identify some of the practical issues that may affect trafficking prosecutions, such as unclear legal frameworks, the transnational nature of trafficking, and reliance on often traumatised victims as witnesses who may also be unwilling or unable to participate in prosecutions. Proposed strategies to support or improve prosecution practice include legal reform, protection of witnesses and specialist training for prosecution units.
Law Enforcement Responses To Trafficking In Persons: Challenges And Emerging Good Practice, Fiona M. David Ms
Law Enforcement Responses To Trafficking In Persons: Challenges And Emerging Good Practice, Fiona M. David Ms
Fiona David
In recent years, the Australian Government has committed significant resources to combating trafficking in persons. Within this larger anti-trafficking effort, the community sector, law enforcement, prosecutors, health professionals and members of the community all have an important role to play. As each sector comes to terms with the reality of trafficking in Australia, it is important that emerging challenges and possible solutions are identified. This paper focuses on the challenges that may confront law enforcement officials in any country in their efforts to detect trafficking, identify victims, investigate offences and contribute to the successful prosecution of offenders. Drawing on international …
Asean And Trafficking In Persons: Using Data As A Tool To Combat Trafficking In Persons, Fiona M. David Ms
Asean And Trafficking In Persons: Using Data As A Tool To Combat Trafficking In Persons, Fiona M. David Ms
Fiona David
ASEAN member countries are always looking for ways to improve their response to trafficking in persons. However, these efforts are being held back by a lack of relevant, reliable data on trafficking. Recognizing this problem, in 2005, the ASEAN member countries commissioned IOM to conduct a pilot research project to identify “best practice” in data collection on trafficking, and to prepare a situation report on data collection by government agencies in four ASEAN member countries (Cambodia, Indonesia, the Philippines and Thailand). This report presents the findings of that research.
Asean Responses To Trafficking In Persons, Fiona M. David Ms
Asean Responses To Trafficking In Persons, Fiona M. David Ms
Fiona David
This paper examines the criminal justice responses to trafficking in places in each of the 10 ASEAN Member Countries.