Criminology and Criminal Justice Commons^™

How The Black Lives Matter Movement Can Improve The Justice System, Paul H. Robinson

All Faculty Scholarship

This op-ed piece argues that because the criminal justice system's loss of moral credibility contributes to increased criminality and because blacks are disproportionately the victims of crimes, especially violent crimes, the most valuable contribution that the Black Lives Matter movement can make is not to tear down the system’s reputation but rather to propose and support reforms that will build it up, thereby improving its crime-control effectiveness and reducing black victimization.

We Don’T Always Mean What We Say: Attitudes Toward Statutory Exclusion Of Juvenile Offenders From Juvenile Court Jurisdiction, Tina Zotolli, Tarika Daftary Kapur, Patricia A. Zapf

Department of Justice Studies Faculty Scholarship and Creative Works

In the United States, juvenile offenders are often excluded from the jurisdiction of the juvenile court on the basis of age and crime type alone. Data from national surveys and data from psycholegal research on support for adult sanction of juvenile offenders are often at odds. The ways in which questions are asked and the level of detail provided to respondents and research participants may influence expressed opinions. Respondents may also be more likely to agree with harsh sanctions when they have fewer offender- and case-specific details to consider. Here, we test the hypothesis that attitudes supporting statutory exclusion laws …

How To Incite Crime With Words: Clarifying Brandenburg’S Incitement Test With Speech Act Theory, Bradley J. Pew

BYU Law Review

No abstract provided.

Dave Sprout Second Interview, 2015, Jennifer Thomson

Bucknell: Occupied

Jennifer Thomson, assistant professor of History at Bucknell University, interviews Dave Sprout of the Lewisburg Prison Project. Thomson and Sprout follow up on their March 2015 discussion about the use of force in the Special Management Unit (SMU) of the United States Penitentiary, Lewisburg. Sprout discusses the futility of the program, which involves the lock down of men without any activities or opportunities to engage with the world around them. He describes conditions and raises concern about the psychological impact of punitive social control.

Challenges For Investigating Sex Trafficking: The Role Of Decriminalized Prostitution, Donna M. Hughes Dr., Melanie Shapiro Esq

Donna M. Hughes

This presentation is a case study of challenges to investigating sex trafficking created by decriminalized prostitution. For 29 years (from 1980 to 2009) in Rhode Island, engaging in prostitution was not prohibited or regulated. Commercial sex acts were private and beyond the interest of the state. Lack of laws or regulations of prostitution created a permissive legal, economic, and cultural environment for the growth of prostitution businesses. Local police were impeded from investigating alleged sex trafficking because police had no legal cause to investigate private activities. In interviews, law enforcement officials repeatedly stated that they did not have the laws …

Leaving The Gang: A Review And Thoughts On Future Research, Dena C. Carson, J. Michael Vecchio

Criminal Justice & Criminology: Faculty Publications & Other Works

Researchers have examined aspects of gangs and their members for almost a century. This work, however, focuses primarily on youth prior to joining as well as during gang involvement. While comparatively less is known about the leaving processes, work in this area has been increasing in recent years. This chapter will discuss the growing body of research on the processes associated with leaving the gang. Specifically, it will review difficulties associated with defining gang desistance, theoretical perspectives on desistance, variations in motives, methods, and consequences of leaving, barriers to desistance, as well as make recommendations for policy and future research.

Mass Crimes Adjudication In Indonesia: Learning From The Cambodian Example, Renée Harrison

Brigham Young University International Law & Management Review

No abstract provided.

Establishing Russia's Responsibility For Cyber-Crime Based On Its Hacker Culture, Trevor Mcdougal

Brigham Young University International Law & Management Review

No abstract provided.

Beyond Prison: Student Research On The Effects Of Mass Incarceration, Nicole Costa, Bria Higgs, Kanysha Phillips

Prison Nation Series

No abstract provided.

Justice Deferred Is Justice Denied: We Must End Our Failed Experiment In Deferring Corporate Criminal Prosecutions, Peter R. Reilly

BYU Law Review

According to the U.S. Department of Justice, deferred prosecution agreements are said to occupy an “important middle ground” between declining to prosecute on the one hand, and trials or guilty pleas on the other. A top DOJ official has declared that over the last decade, the agreements have become a “mainstay” of white collar criminal law enforcement; a prominent criminal law professor calls their increased use part of the “biggest change in corporate law enforcement policy in the last ten years.”

However, despite deferred prosecution’s apparent rise in popularity among law enforcement officials, this Article sets forth the argument that …

The Prison System And The Media: How “Orange Is The New Black” Engages With The Prison As A Normalizing Agent, Eunice Louis

FIU Electronic Theses and Dissertations

The purpose of this project is to ascertain the ways in which Orange is the New Black uses its platform to either complicate or reify narratives about the prison system, prisoners and their relationship to the state. This research uses the works of Giorgio Agamben, Colin Dayan, Michelle Alexander and Lisa Guenther to situate the ways the state uses the prison and social narratives about the prison to extend its control on certain populations beyond prison walls through police presence, parole, the war on drugs and prison fees.

From that basis, this work argues that while Orange does challenge some …

Family Support, Victimization And Recidivism, Caitlin Taylor Phd

La Salle University Relationship Research Symposium

No abstract provided.

Challenging The Political Assumption That “Guns Don’T Kill People, Crazy People Kill People!”, Heath J. Hodges, Mario Scalora

Department of Psychology: Faculty Publications

Every time an infamous mass shooting takes place, a storm of rhetoric sweeps across this country with the fury of a wild fire. “Why are we letting these people carry guns?” “Why were they not hospitalized?” “The government needs to crack down on this issue!” What is the government’s response to these cries of concern? Politicians and the media attempt to ease public fears by drawing tenuous connections among a handful of poorly understood tragedies. The salient commonality is that these high-profile shooters had some history of mental illness. A cursory review of the Internet will paint a troubling picture …

Six Northeast Los Angeles Residents Indicate Reasons Local Youth Join Gangs And Offer Suggestions For Lowering Violence, Fernando Parra, Frank Malgesini, Emma Escobedo, Anna C. Ballesteros

Contemporary Issues in Juvenile Justice

No abstract provided.

Bullying Of Disabled And Non-Disabled High School Students: A Comparison Using The Maine Integrated Youth Health Survey, Sarah Guckenburg

Contemporary Issues in Juvenile Justice

No abstract provided.

A Phenomenological Analysis Of African American Students, Delinquent Behaviors And Future Academic Achievement, Jack S. Monelland, Brittany Spencer

Contemporary Issues in Juvenile Justice

No abstract provided.

The Argument For Moving Away From Residential Placement For Most Juvenile Offenders, Marika Dawkins

Contemporary Issues in Juvenile Justice

No abstract provided.

Community-Wide Awareness Of Juvenile Justice Best-Practices And Ctc In Texas, Samuel Arungwa

Contemporary Issues in Juvenile Justice

No abstract provided.

Aggregate Correlates Of Status Offender Case Outcomes Across Counties, David A. Bowers, S.E. Costanza

Contemporary Issues in Juvenile Justice

No abstract provided.

Juveniles Who Commit Sexual Offenses, Jennifer R. Arthur

Contemporary Issues in Juvenile Justice

No abstract provided.

Delinquency And Crime Prevention: Overview Of Research Comparing Treatment Foster Care And Group Care, Gershon K. Osei, Kevin M. Gorey, Debra M. Hernandez Jozefowicz

Social Work Publications

Background: Evidence of treatment foster care (TFC) and group care’s (GC) potential to prevent delinquency and crime has been developing.

Objectives: We clarified the state of comparative knowledge with a historical overview. Then we explored the hypothesis that smaller, probably better resourced group homes with smaller staff/resident ratios have greater impacts than larger homes with a meta-analytic update.

Methods: Research literatures were searched to 2015. Five systematic reviews were selected that included seven independent studies that compared delinquency or crime outcomes among youths ages 10–18. A similar search augmented by author and bibliographic searches identified six additional studies with an …

Justice: 1850s San Francisco And The California Gold Rush, Paul H. Robinson, Sarah M. Robinson

All Faculty Scholarship

Using stories from the 1848-1851 California gold miners, the 1851 San Francisco vigilante committees, Nazi concentration camps of the 1940s, and wagon trains of American westward migration in the 1840s, the chapter illustrates that it is part of human nature to see doing justice as a value in itself—in people’s minds it is not dependent for justification on the practical benefits it brings. Having justice done is sufficiently important to people that they willingly suffer enormous costs to obtain it, even when they were neither hurt by the wrong nor in a position to benefit from punishing the wrongdoer.

This …

Discounting And Criminals' Implied Risk Preferences, Murat C. Mungan, Jonathan Klick

All Faculty Scholarship

It is commonly assumed that potential offenders are more responsive to increases in the certainty than increases in the severity of punishment. An important implication of this assumption within the Beckerian law enforcement model is that criminals are risk-seeking. This note adds to existing literature by showing that offenders who discount future monetary benefits can be more responsive to the certainty rather than the severity of punishment, even when they are risk averse, and even when their disutility from imprisonment rises proportionally (or more than proportionally) with the length of the sentence.

Collateral Consequences And The Preventive State, Sandra G. Mayson

All Faculty Scholarship

Approximately eight percent of adults in the United States have a felony conviction. The “collateral consequences” of criminal conviction (CCs) — legal disabilities imposed by legislatures on the basis of conviction, but not as part of the sentence — have relegated that group to permanent second class legal status. Despite the breadth and significance of this demotion, the Constitution has provided no check; courts have almost uniformly rejected constitutional challenges to CCs. Among scholars, practitioners and mainstream media, a consensus has emerged that the courts have erred by failing to recognize CCs as a form of additional punishment. Courts should …

Critical Champions Or Careless Condemners? Exploring News Media Constructions In Cases Of Wrongful Conviction, Katherine Rozad

Theses and Dissertations (Comprehensive)

Countless incidences occur throughout the world each and every day. However, only a few of these occurrences are deemed newsworthy by the media. One area of information quite often categorized as “newsworthy” is that surrounding crime. Within crime-related news coverage are occasionally cases of wrongful conviction – miscarriages of justice in which the innocent are labeled “guilty” and wrongly punished. Despite decades of research in both the areas of crime and media, as well as wrongful conviction studies, no research to date has examined the way that cases of wrongful conviction are constructed in the media from the beginnings of …

Punishment: Drop City And The Utopian Communes, Paul H. Robinson, Sarah M. Robinson

All Faculty Scholarship

Using stories from the utopian non-punishment hippie communes of the late 1960's, the essay challenges today’s anti-punishment movement by demonstrating that the benefits of cooperative action are available only with the adoption of a system for punishing violations of core rules. Rather than being an evil system anathema to right-thinking people, punishment is the lynchpin of the cooperative action that has created human success.

This is Chapter 3 from the general audience book Pirates, Prisoners, and Lepers: Lessons from Life Outside the Law. Chapter 4 of the book is also available on SSRN at http://papers.ssrn.com/abstract=2416484).

Freedom From Violence And The Law: A Global Perspective In Light Of Chinese Domestic Violence Law, 2015, Rangita De Silva De Alwis, Jeni Klugman

All Faculty Scholarship

No abstract provided.

Empowering Employees To Prevent Fraud In Nonprofit Organizations, John M. Bradley

All Faculty Scholarship

This Article examines the significant problem of fraud within nonprofit organizations and demonstrates that current anti-fraud measures do not adequately reflect the important role employees play in perpetuating or stopping fraudulent activity. Psychological and organizational behavior studies have established the importance of (1) participation and (2) peers in shaping the behavior of individuals within the organizational context. This Article builds on that research and establishes that to successfully combat fraud, organizations must integrate employees into the design, implementation, and enforcement of anti-fraud strategy and procedures. Engaged, empowered employees will be less likely to commit fraud and more likely to dissuade …