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2010

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Full-Text Articles in Criminology and Criminal Justice

The Disutility Of Injustice, Paul H. Robinson, Geoffrey P. Goodwin, Michael Reisig Dec 2010

The Disutility Of Injustice, Paul H. Robinson, Geoffrey P. Goodwin, Michael Reisig

All Faculty Scholarship

For more than half a century, the retributivists and the crime-control instrumentalists have seen themselves as being in an irresolvable conflict. Social science increasingly suggests, however, that this need not be so. Doing justice may be the most effective means of controlling crime. Perhaps partially in recognition of these developments, the American Law Institute's recent amendment to the Model Penal Code's "purposes" provision – the only amendment to the Model Code in the 47 years since its promulgation – adopts desert as the primary distributive principle for criminal liability and punishment. That shift to desert has prompted concerns by two …


Fairness And The Willingness To Accept Plea Bargain Offers, Oren Gazal-Ayal, Avishalom Tor, Stephen M. Garcia Jun 2010

Fairness And The Willingness To Accept Plea Bargain Offers, Oren Gazal-Ayal, Avishalom Tor, Stephen M. Garcia

Oren Gazal-Ayal

In contrast with the typical assumption in plea bargaining law and economics, we show defendants may reject plea offers based on fairness considerations. Specifically, offers where the sanction clearly appears excessive for the crime ("substantively unfair") and offers that appear inferior to those received by others in similar cases ("comparatively unfair") diminish defendants' wiliingness to accept plea offers (WTAP). Part 1 analyzes real-world data in Study 1 and reviews early experiments, all of which sugget substantive fairness impacts WTAP but do not control for important confounds. Part 2 therefore presents Studies 2-4 that confirm the independent impact of substantive fairness. …


Think Outside The Cell: Are Binding Detention Standards The Most Effective Strategy To Prevent Abuses Of Detained Illegal Aliens?, Federico D. Burlon May 2010

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.


Putting Forfeiture To Work, Sarah M. Buel May 2010

Putting Forfeiture To Work, Sarah M. Buel

SARAH M BUEL

Intimate partner violence (“IPV”) victims are increasingly turning to the courts for help, too often with poor results. Successful witness tampering by offenders sabotages the court system by silencing victims through an array of unlawful conduct, including coercion and violence. The doctrine of forfeiture by wrongdoing should afford a viable solution, but several obstacles constrain its efficacy. Much confusion exists regarding witness tampering and forfeiture law as a result of the recent trilogy of the Crawford, Davis, and Giles Supreme Court decisions. Their cumulative effect is decreased doctrinal uniformity within a perplexing scheme that is difficult to implement. The resulting …


Sex, Drug Courts, And Recidivism, Doria Nour Dandan May 2010

Sex, Drug Courts, And Recidivism, Doria Nour Dandan

UNLV Theses, Dissertations, Professional Papers, and Capstones

Research studies have identified gender differences in the drug abusing patterns and treatment needs of men and women. Even so, studies on the drug court model have not assessed drug court effectiveness across sex. Using secondary data collected from the Ada County Drug Court, the recidivism rates of drug court participants (n=259) and probationers (n=235) were analyzed. Drug court participants were found to be less likely to recidivate compared to probationers, which supports previous research on drug court effectiveness. Regression analyses failed to find an interaction between group membership and sex, thereby indicating that the effect of the drug court …


Assessing The Impact Of Police Order Maintenance Units On Crime: An Application Of The Broken Windows Hypothesis, Steven Andrew Pace May 2010

Assessing The Impact Of Police Order Maintenance Units On Crime: An Application Of The Broken Windows Hypothesis, Steven Andrew Pace

UNLV Theses, Dissertations, Professional Papers, and Capstones

High levels of violent crime and disorder area concentrated within certain neighborhoods of northwest Las Vegas, Nevada. In April 2009 a police order-maintenance unit designed to reduce minor and major offenses was initiated in these areas. Drawing on the Broken Windows Hypothesis, the unit combined detailed crime analysis with extensive police efforts to address specific community problems. This paper discusses the implementation and impact of the police order-maintenance unit during its operation.


Blameworthiness And Dangerousness: An Analysis Of Violent Female Capital Offenders In The United States And China, Courtney Lahaie Apr 2010

Blameworthiness And Dangerousness: An Analysis Of Violent Female Capital Offenders In The United States And China, Courtney Lahaie

Graduate Research Symposium (GCUA) (2010 - 2017)

The United States and China represent two of the leading nations that retain the death penalty in both law and practice. Research suggests that judges’ sentencing decisions are based primarily on two factors, blameworthiness and dangerousness. Studies involving gender and sentencing in capital punishment cases tend to provide inconsistent findings. The current study uses case narratives to examine the direct and conjunctive effects of various factors on the sentencing decisions of violent female capital offenders in the United States and China. The findings suggest that the concepts of blameworthiness and dangerousness are distinctly defined in the United States and China. …


International Police Education For The Rule Of Law: Obstacles, Facilitators, Curricula, Pedagogy, And Delivery, Gordon A. Crews, Angela West Crews Apr 2010

International Police Education For The Rule Of Law: Obstacles, Facilitators, Curricula, Pedagogy, And Delivery, Gordon A. Crews, Angela West Crews

Criminal Justice Faculty Research

The points discussed in the session are related to United Nations peacekeeping in the twenty-first century and the international police education for the rule of law. It is noted that 100 countries contribute police officers to the United Nations, and that 49 of those countries contribute 25 or fewer officers. There is a gender imbalance, with only 7.75 % of forces being made up of women. In the past, UN policing priorities were: monitoring to verify police performance and impartiality, observing to ascertain police strengths and weaknesses and reporting to document police infractions. The UN Peacekeeping Mission Statement aims to …


Development Of A Dna Database In Ireland — Assessing The Proposed Legislation, Liz Campbell Apr 2010

Development Of A Dna Database In Ireland — Assessing The Proposed Legislation, Liz Campbell

Liz Campbell

The collection and retention of DNA samples are seen universally as crucial for purposes of criminal investigation and prosecution, as a means of excluding innocent suspects, and of exonerating the wrongfully convicted. However, there is less consistency across jurisdictions regarding whose DNA should be obtained by the state and for how long it should be stored. The need for a measured approach in this context is underlined by the “exceptionalism” of genetic material, given the depth and sensitivity of the information contained within, and the potential for “function creep”, whereby state powers insidiously increase and data gathered for one purpose …


Attitudes Towards Megan's Law And Juvenile Sex Offenders, Debra Lee Cochrane Apr 2010

Attitudes Towards Megan's Law And Juvenile Sex Offenders, Debra Lee Cochrane

UNLV Theses, Dissertations, Professional Papers, and Capstones

Sex offender registration laws are very controversial. All fifty states require adult sex offenders to register. Twenty-eight states have extended registration and community notification requirements to juveniles (Hiller, 1998). These states seem to have failed to look at the uniqueness of juvenile sex offending. Juveniles have a very low recidivism rate and complex issues of culpability from age-of-consent laws. Applying Megan's Law to juveniles could have considerable negative consequences for juveniles' social development, particularly because one of the main stipulations of the law requires the juvenile to notify their school. Rehabilitation is a key factor of the juvenile justice system …


Adjustment To Correctional Confinement: Investigating The Correlates Of Violence And Disorder In A Jail Environment, Fred W. Meyer Iii Apr 2010

Adjustment To Correctional Confinement: Investigating The Correlates Of Violence And Disorder In A Jail Environment, Fred W. Meyer Iii

UNLV Theses, Dissertations, Professional Papers, and Capstones

This study examines the individual- and institutional-level variables that are correlated with violence and disorder within a jail facility. Previous research indicates that deviant behavior is one of the main challenges that negatively impacts the safe and effective management of correctional facilities. While many studies have been conducted on prison populations, few studies have focused upon jail populations. Using official institutional data, this study explores the factors associated with general infractions and violent misconduct among a stratified random sample of inmates (n=447) incarcerated during a one year period in a large county jail facility. The logistic regression and conjunctive analyses …


Softe Praat, Efficiënte Remedies, Jenneke Christiaens Feb 2010

Softe Praat, Efficiënte Remedies, Jenneke Christiaens

Jenneke Christiaens

No abstract provided.


The International Implications Of Quality-Of-Life Policing As Practiced In New York City, Bruce D. Johnson, Andrew Golub, James E. Mccabe Feb 2010

The International Implications Of Quality-Of-Life Policing As Practiced In New York City, Bruce D. Johnson, Andrew Golub, James E. Mccabe

Criminal Justice Faculty Publications

The New York City Police Department (NYPD) has made enforcement of laws against disorder and quality-of-life offenses a central part of its policing strategy. Concomitantly, New York City (NYC) experienced a renaissance in orderliness, cleanliness, tourism, real estate value, and crime reduction, although other problems such as poverty, unemployment, drug abuse, racial tensions, and homelessness persist. This paper examines quality-of-life policing practices in NYC, describes the philosophical underpinnings, explores the critical response to the program, and presents lessons of potential relevance to other policing organizations in the USA and around the world.


A Century Of Criminal Law And Criminology, Amy Deline Jan 2010

A Century Of Criminal Law And Criminology, Amy Deline

Journal of Criminal Law and Criminology

No abstract provided.


Can't Buy A Thrill: Substantive Due Process, Equal Protection, And Criminalizing Sex Toys, Richard Glover Jan 2010

Can't Buy A Thrill: Substantive Due Process, Equal Protection, And Criminalizing Sex Toys, Richard Glover

Journal of Criminal Law and Criminology

No abstract provided.


Police Checkpoints: Lack Of Guidance From The Supreme Court Contributes To Disregard Of Civil Liberties In The District Of Columbia, Jason Fiebig Jan 2010

Police Checkpoints: Lack Of Guidance From The Supreme Court Contributes To Disregard Of Civil Liberties In The District Of Columbia, Jason Fiebig

Journal of Criminal Law and Criminology

No abstract provided.


Centennial Symposium: A Century Of Criminal Justice - Foreword, Julia T. Rickert Jan 2010

Centennial Symposium: A Century Of Criminal Justice - Foreword, Julia T. Rickert

Journal of Criminal Law and Criminology

No abstract provided.


Offending Women: A Double Entendre, Joanne Belknap Jan 2010

Offending Women: A Double Entendre, Joanne Belknap

Journal of Criminal Law and Criminology

No abstract provided.


Lost In Translation: Domestic Violence, The Personal Is Political, And The Criminal Justice System, Kimberly D. Bailey Jan 2010

Lost In Translation: Domestic Violence, The Personal Is Political, And The Criminal Justice System, Kimberly D. Bailey

Journal of Criminal Law and Criminology

No abstract provided.


The Susceptibility Of Juveniles To False Confessions And False Guilty Pleas, Allison D. Redlich Jan 2010

The Susceptibility Of Juveniles To False Confessions And False Guilty Pleas, Allison D. Redlich

Allison D Redlich

No abstract provided.


Self-Reported False Confessions And False Guilty Pleas Among Offenders With Mental Illness, Allison D. Redlich, Alicia Summers, Steven Hoover Jan 2010

Self-Reported False Confessions And False Guilty Pleas Among Offenders With Mental Illness, Allison D. Redlich, Alicia Summers, Steven Hoover

Allison D Redlich

No abstract provided.


Enrollment In Mental Health Courts: Voluntariness, Knowingness, And Adjudicative Competence, Allison D. Redlich, Steven Hoover, Alicia Summers, Henry J. Steadman Jan 2010

Enrollment In Mental Health Courts: Voluntariness, Knowingness, And Adjudicative Competence, Allison D. Redlich, Steven Hoover, Alicia Summers, Henry J. Steadman

Allison D Redlich

No abstract provided.


False Confessions, False Guilty Pleas: Similiarities And Differences, Allison D. Redlich Jan 2010

False Confessions, False Guilty Pleas: Similiarities And Differences, Allison D. Redlich

Allison D Redlich

No abstract provided.


Let My People Go: Ethnic In-Group Bias In Judicial Decisions – Evidence From A Randomized Natural Experiment, Oren Gazal-Ayal, Raanan Sulitzeanu-Kenan Jan 2010

Let My People Go: Ethnic In-Group Bias In Judicial Decisions – Evidence From A Randomized Natural Experiment, Oren Gazal-Ayal, Raanan Sulitzeanu-Kenan

Oren Gazal-Ayal

Does ethnic identity affect judicial decisions? We provide new evidence on ethnic biases in judicial behavior, by examining the decisions of Arab and Jewish judges in first bail hearings of Arab and Jewish suspects in Israeli courts. Our setting avoids the potential bias from unobservable case characteristics by exploiting the random assignment of judges to cases during weekends, and by focusing on the difference in ethnic disparity between Arab and Jewish judges. The study concentrates on the early-stage decisions in the judicial criminal process, controlling for the state's position, and excluding agreements, thereby allowing us to distinguish judicial bias from …


Customary International Law In The 21st Century: Old Challenges And New Debates, Roozbeh (Rudy) B. Baker Jan 2010

Customary International Law In The 21st Century: Old Challenges And New Debates, Roozbeh (Rudy) B. Baker

Roozbeh (Rudy) B. Baker

This Article will survey the new scholarship that has emerged in international law to challenge the two traditional sources of customary norms, state practice and opinio juris. With the recent growth, in the international system, of self-contained international criminal tribunals, new challenges facing international law have emerged. Institutionally structured as self-contained legal regimes, international legal tribunals such as the ICTY, ICTR, and now the ICC have nevertheless contributed to a new paradigm within international law. The jurisprudence of these international criminal tribunals, on a wide range of international legal questions, has slowly begun to be elevated into norms of customary …


New Developments In Developmental Research On Social Information Processing And Antisocial Behavior, Reid G. Fontaine Jan 2010

New Developments In Developmental Research On Social Information Processing And Antisocial Behavior, Reid G. Fontaine

Reid G. Fontaine

The Special Section on developmental research on social information processing (SIP) and antisocial behavior is here introduced. Following a brief history of SIP theory, comments on several themes—measurement and assessment, attributional and interpretational style, response evaluation and decision, and the relation between emotion and SIP—that tie together four new empirical investigations are provided. Notable contributions of these studies are highlighted.


In Self-Defense Regarding Self-Defense: A Rejoinder To Professor Corrado, Reid G. Fontaine Jan 2010

In Self-Defense Regarding Self-Defense: A Rejoinder To Professor Corrado, Reid G. Fontaine

Reid G. Fontaine

This is a rejoinder to Professor Corrado in the upcoming special section of the American Criminal Law Review on the nature, structure, and function of self-defense and defense of others law.


Does Response Evaluation And Decision (Red) Mediate The Relation Between Hostile Attributional Style And Antisocial Behavior In Adolescence?, Reid G. Fontaine Jan 2010

Does Response Evaluation And Decision (Red) Mediate The Relation Between Hostile Attributional Style And Antisocial Behavior In Adolescence?, Reid G. Fontaine

Reid G. Fontaine

The role of hostile attributional style (HAS) in antisocial development has been well-documented. We analyzed longitudinal data on 585 youths (48% female; 19% ethnic minority) to test the hypothesis that response evaluation and decision (RED) mediates the relation between HAS and antisocial behavior in adolescence. In Grades 10 and 12, adolescent participants and their parents reported participants’ antisocial conduct. In Grade 11, participants were asked to imagine themselves in videotaped ambiguous-provocation scenarios. Segment 1 of each scenario presented an ambiguous provocation, after which participants answered HAS questions. In segment 2, participants were asked to imagine themselves responding aggressively to the …


Labour Trafficking: Prosecutions And Other Proceedings, Fiona M. David Ms Jan 2010

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 Jan 2010

Building The Infrastructure Of Anti-Trafficking: Information, Funding, Responses, Fiona M. David Ms

Fiona David

No abstract provided.