Legal Theory Commons^™

An Exploratory Study On The Practice Of Procedural Justice And Use Of Force In Police-Citizen Encounters, Charles Cunha

Qualitative Criminology (QC)

"Procedural justice is a philosophy and theory demonstrating that the practice of its four principles improves police-community relations. This means that citizens view law enforcement as a legitimate entity of government. Much controversy has stemmed from alleged unlawful killings of suspects in the past decade. These incidents question whether law enforcement acted legitimately. Since then, scholars have researched training in using the four principles of procedural justice. They have also researched the use of procedural justice in police-citizen encounters. The current research study addresses law enforcement officers’ perspectives on the use of force and the use of the four principles …

“They Are Usually Borderline Homeless”: Exploring The Nexus Of Homelessness, Housing Instability, Successful Reentry, And Long-Term Reintegration, Emily I. Troshynski, Carolyn Willis

Qualitative Criminology (QC)

"For previously incarcerated persons, affordable and safe housing options are scarce. Barriers to securing housing include federal mandates (i.e., eligibility requirements) as well as local rules and regulations (i.e., zoning and ordinances). When housing is available, disclosing criminal history on applications impacts individuals’ chances to rent (Philips & Spencer, 2013). A lack of a consistent rental history, no personal and/or employment references, and securing capital to cover security deposits are added challenges. Since parole rules direct ex-convicts not to associate with others that have a criminal record, living with partners, friends, and family members may not be an option. Research …

Perceptions Toward Wrongful Convictions And Needed Reforms In The Criminal Justice System: Does Working Experience In Law Enforcement Matter?, Natalia Ermasova, Aubrey Adams, Lisa Jackson

Qualitative Criminology (QC)

"This study proposes to investigate how public views on the wrongful conviction issue are connected with the perceived need for criminal justice reform and whether the professional experience in law enforcement influences these perceptions. This study employs a qualitative research design, deriving its conclusions from the comparative analysis of the survey responses concerning the issue of wrongful convictions and the criminal justice system collected from 45 law enforcement professionals and 35 individuals without such experience. The comparative results reveal that for the respondents without working experience in law enforcement, racial/ethnical bias was one of the most substantial issues of wrongful …

"Nobody Gives A Damn If You Don't Know The Rules": Poverty, Strain, And Crime, Chrystina Y. Hoffman, Dana R. Dillard, Erin King, Angela Blackburn

Qualitative Criminology (QC)

"General strain theory posits that individuals commit crimes when they experience negative emotions following various sources of strain. One such source of strain is poverty. In this study, researchers use focus group data and apply a general strain framework to analyze criminal offending during the Missouri Community Action Network's Poverty Simulation© (2022) at a regional comprehensive university in the Southeast region of the United States. A total of 99 undergraduate and graduate students participated in the focus groups at the end of the simulation. Findings support Agnew’s (1992) theory with examples of sources of strain stemming from poverty leading to …

Research Brief: Ghosting In The Realm Of Research: The Realities Of Conducting Social Science Research In The Digital Age, Lena M. Campagna, Angela S. Murolo

Qualitative Criminology (QC)

"Social science research does not occur in a vacuum. Competing for time and attention is the norm in a society that has become more isolated. Because of this, the effects of ghosting are prevalent everywhere. As social scientists, we are not immune to ghosting or its effects. In this research brief, two junior faculty members discuss their efforts to overcome ghosting at every level of the research process and its impact on hiring student workers, knowledge production, and meeting grant funding requirements. Lastly, the authors offer suggestions for overcoming the effects of ghosting and its effect on the challenges of …

Reimagining Cultural Intersections: A Book Review Of Maya Christian Murals Of Early Modern Yucatán, Texas University Press, 2024., Lilia Fernández Souza Phd, Lilia Lucia Lizama Aranda Dr., José Israel Herrera

Journal of Maya Heritage

Colonial mural art in the Yucatán Peninsula represents a cultural intersection where Christian iconography and Maya artistic traditions converged in a complex visual dialogue. Maya Christian Murals of Early Modern Yucatán (Texas University Press, 2024) offers a detailed analysis of these pictorial expressions, exploring how Indigenous artists reinterpreted colonial impositions by preserving ancestral techniques, materials, and symbolism. The book proposes a rereading of the murals in Franciscan convents, highlighting their role not only as tools of evangelization but also as evidence of cultural resistance and adaptation.

This review, titled Reimagining Cultural Intersections: A Book Review of Maya Christian Murals of …

Glotopolítica, Identidad Y Lenguas En México En El Siglo Xxi, Marilyn S. Avalos Huesca

Journal of Maya Heritage

Languages, like human beings, have been adapting to the changes produced worldwide, and with this they have grown in number of speakers or disappeared forever from society. These changes are not given arbitrarily, but are conceived from politics and the State, where what should be the best for the speakers, nationalism and society permeates according to the statutes established by those in power. All this from an ethnocentric point of view, which denigrates what is different, what we do not understand, and therefore, we reject. This article analyzes the presence of languages in Mexico from a point of view related …

Racial Discrimination In Retailers' Willingness To Accept Returns: A Field Study, Meirav Furth-Matzkin

Northwestern University Law Review

Black Americans have long faced discriminatory treatment while shopping in retail establishments, including, most notably, being subjected to increased surveillance, inconsistent pricing, and inferior customer service. Little attention, however, has been paid to other post-purchase aspects of retail transactions. Specifically, do Black Americans receive the same treatment as white customers when it comes to performing sellers’ formal policies or contracts? While it is understood that salespeople are often given discretion to deviate from standard form contracts, sometimes departing from the literal terms to satisfy consumers, there has been a notable absence of systematic exploration into how salespeople exercise this authority …

Cerrando La Brecha: Difusión Virtual De La Cultura Maya Para La Conciencia Pública Y La Preservación, Ana María Vera Arias, Dr. Lilia Lucia Lizama Aranda, Brenda Marin, José Montesino

Journal of Maya Heritage

En este artículo se aborda el origen, los métodos y el resultado del ciclo de conferencias de divulgación virtual organizado por el Centro del Patrimonio Maya en colaboración con Arqueólogos sin Fronteras del Mundo Maya, esto con el objetivo de compartir conocimientos y generar conciencia sobre diversas facetas de la cultura maya. La pregunta central gira en torno a cómo se pueden comunicar efectivamente las complejidades y la rica herencia de la cultura maya a una audiencia no especializada. Como resultado, encontró que las conferencias de divulgación virtual fueron un método adecuado para ampliar el interés sobre la cultura maya …

Louboutin Lawfare: Exploring Conceptions Of Sanctions' Utility Through Export Controls On Luxury Goods, Vinita R. Singh

Northwestern University Law Review

There is widespread consensus amongst scholars that sanctions—the deliberate withdrawal of customary trade and financial relations—do not work. Despite this perception, states are deploying sanctions at an increasing rate. This Article explains this paradox by arguing the predominant notion of sanctions’ utility employed by scholars is unduly constrained, narrowly focusing on the ability of such measures to modify the behavior of sanctioned parties while disregarding the alternative benefits this instrument can deliver. To support this argument, this Article uses export controls on luxury goods deployed in connection with the Russo–Ukraine War as a case study. Under prevailing perceptions of sanctions’ …

Urban Security And The Crisis Of Values In A Risk Society: Elements For Reflection And Research, Bahamou Abdelilah, Abdelghani Chafik

Journal of Maya Heritage

Abstract: Urban security has become one of the most pressing challenges of the 21st century, shaped by the complexities of modern urban life. As cities grow and evolve, they face unprecedented security challenges that transcend traditional notions of crime prevention. These challenges encompass social, cultural, economic, and psychological dimensions, deeply intertwined with societal transformations.

In the context of what sociologist Ulrich Beck refers to as the "risk society," rapid globalization, technological advancement, and cultural diffusion have disrupted traditional social values. This disruption has created environments of uncertainty and fear, where mutual trust and social cohesion are eroded. As Émile Durkheim …

Perceptions And Treatment Decisions For A Drug Offender Based On Social Class, Cocaine Type, Personal Characteristics, And Compassionate Love: A Vignette Study, Yasmin A. Odeh

Theses and Dissertations

Problem: The shift from a focus on rehabilitation to the more punitive, “tough on crime” approach to illegal behavior in the U.S. has been enacted in no small way by policies connected to the use and abuse of drugs. The disparities between crack and powder cocaine—two chemically similar substances—have headlined this shift (Vagins and McCurdy 2006). However, research is scarce on laypeople’s approval of deterrence approaches for drug offenses, including as a function of types (e.g., powder vs. cocaine possession). This study examined people’s perceptions of prosecutorial decisions for drug offenders—whether they are punished, rehabilitated, or both—and whether people perceived …

Jurisprudence Of Problem-Solving Courts: A Study Of Structure, Success, And Sociological Theory, Lauren M. Boos

Graduate Student Theses, Dissertations, & Professional Papers

In response to the failures of mass incarceration and its disproportionate impact on marginalized communities, Problem-Solving Courts (PSCs) have emerged as alternatives to traditional prosecution. These courts employ therapeutic-informed and rehabilitative practices aimed at addressing the root causes of criminal behavior. While widely regarded as more effective than traditional courts, PSCs have developed largely without a formal theoretical foundation. This is notable given their alignment with Sociological Jurisprudence (SJ) and Therapeutic Jurisprudence (TJ), which view the legal system as a vehicle for promoting individual and community well-being.

Despite being celebrated as therapeutic innovations, PSCs often embody these principles unevenly. Using …

Impacto De La Pandemia De La Covid-19 En Las Familias De Los Jóvenes Universitarios De Las Poblaciones Rurales Mayas Del Estado De Yucatán, Jorge Atocha Pacheco Castro

Journal of Maya Heritage

Abstract. This study examines the impacts of the COVID-19 pandemic on the families of university students from rural Maya communities in Yucatán, Mexico. Utilizing an anthropological framework, the research highlights the interplay of structural vulnerabilities and cultural resilience. It explores how families navigated economic challenges, social interactions, and cultural practices amid the crisis. Key findings include the reliance on traditional subsistence practices such as small-scale agriculture and backyard farming, which provided a safety net during economic downturns. Socially, rural families reported lower stress levels and stronger communal bonds compared to their urban counterparts, owing to expansive living spaces and outdoor …

After Impunity: The Anti-Impunity Norm, The Colombian Special Jurisdiction For Peace, And The Future Of International Criminal Law, Max Pensky

Genocide Studies and Prevention: An International Journal

The predominance of international criminal law as a frontline response to atrocity crimes prioritizes the countering of impunity as an overarching goal. A corresponding “anti-impunity norm” identifies the legal punishment of individual perpetrators as a core requirement in legal responses to atrocities. This anti-impunity norm – the requirement to prosecute and punish – is also a legal obligation for state parties to the International Criminal Court. But the anti-impunity norm equates impunity’s opposite – accountability – with the imposition of legal punishment. This narrow interpretation of impunity places limits on states’ ability to craft context-specific responses to atrocities while also …

The Search For Unenumerated Fundamental Rights, Alina Sluzhyvenkova

Student Theses and Dissertations

There are certain rights that are explicitly enumerated in the Constitution, e.g., right to bear arms, right to free speech, right to a speedy and public trial. There are also rights that aren’t specifically written out but are nevertheless enjoyed by people nationwide. Rights that aren’t explicitly mentioned in the Constitution, but which are fundamental to are called the unenumerated rights. Unenumerated rights are just as important and can be derived from natural law, enumerated rights, the Ninth Amendment, precedents, judicial opinions, and substantive due process.

Substantive due process is a principle guaranteed by the Fifth and Fourteenth Amendments, which …

The Intersection Of Socio-Cultural System And Legislation: Family Protection Laws In Palestine And Gender Equality, Muayad K. Hattab, Fayez A. Mahamid

An-Najah University Journal for Research - B (Humanities)

Arabic and Muslim societies still fear every new proposition or change that could lead to the enhancement of women’s economic liberation or could undermine male domination over women. The social and religious panic associated with the proposed law on “Family Protection Law from Violence” that has been witnessed in Palestine, is a clear illustration of this fear. Objective: The aim of this study is to examine the impact that religious and social culture has on promulgating new laws that are directly connected to issues of women’s rights and gender equality in the Muslim community, where Palestine is the example …

Transformación De La Sociedad Saharaui: Evolución Histórica Y Reorganización Social, Mustapha Ouzir

Journal of Maya Heritage

Este artículo analiza la evolución histórica y los cambios sociales en la región sahariana, desde Oued Nun hasta el río Senegal, destacando el impacto de la llegada de las tribus Banu Hassan sobre la población autóctona amazigh Sanhaja. Se exploran los cambios en la estructura social, caracterizados por una nueva jerarquía étnica y tribal. Además, se examina la influencia de la colonización española en la transformación de la sociedad saharaui, que pasó de un estilo de vida nómada a uno más sedentario. El estudio destaca el proceso de sedentarización y los cambios socioculturales resultantes, como la alteración de roles familiares …

Tendencias Fonéticas Y Aspectos Gramaticales Del Español Hablado En El Sáhara, Mustapha Ouzir

Journal of Maya Heritage

Este estudio analiza las tendencias fonéticas y los aspectos morfosintácticos del español hablado en el Sáhara, una región marcada por su historia colonial como territorio español. Mediante una metodología cualitativa, que incluye observación libre, conversaciones grupales y pruebas fonológicas, se investigan las características lingüísticas de los hablantes saharauis, cuya lengua materna es el hassanía. Los hallazgos revelan una interferencia fonética significativa, como la neutralización vocálica, la reducción de diptongos y la influencia del español canario. También se identifican desviaciones morfosintácticas respecto al español estándar, incluyendo problemas de concordancia gramatical, tiempos verbales y uso de preposiciones. Estos fenómenos reflejan el impacto …

Mutual Recognitions Across Generations, Steven L. Winter Walter S. Gibbs Distinguished Professor Of Constitutional Law

Law Faculty Research Publications

“Sovereignty,” Arendt says, “is contradictory to” the human condition. It is not, in any event, the kind of thing that can be shared across generations. Subsequent generations lack sovereignty to the precise degree that they are bound by the decisions of their predecessors. It is no answer to say that contemporary citizens participate in the sovereignty of a whole, transgenerational people. To paraphrase de Tocqueville, later generations are not free because they are not entirely equal, and they are not equal because they are not entirely free.

Where “sovereignty” is a metaphysical concept that transcends time, recognition is an act …

Procedural Justice In Prison: Examining Female Inmates’ Experiences, Perceptions, And Interactions With Correctional Officers, Michael E. Antonio, Selena R. Price, Cassandra L. Reyes

Qualitative Criminology (QC)

"Correctional staff behavior can impact inmates’ perceptions of procedural justice and facilitate incidents of prison misconduct and violence. This analysis showed findings gathered from 136 female inmates incarcerated in a state correctional system. This exploratory analysis examined inmates’ self-reported responses about direct experiences, perceptions, and interactions with correctional officers. Findings from 19 Likert-scale items highlighted inmates’ encounters with correctional officers, however, results shown here focused on findings uncovered from a content analysis performed on inmates’ written comments to an open-ended item. The emerging themes portrayed correctional officers as disrespectful, indifferent, misusing authority, and dehumanizing."

Lessons Learned From An Undergraduate Criminal Justice Internship: The Student Experience, Nancy Blank, Robin S. Goldberg-Glen, Lori Simons, Nicole Scharfetter, Denna Grande

Qualitative Criminology (QC)

"Internships play a crucial role in the educational and professional training of students. This article presents a qualitative evaluation of the benefits and challenges of an undergraduate internship through an examination of self-reflective journals completed by 20 seniors majoring in criminal justice. Findings were organized into five major themes: knowledge acquisition, professional development, personal development, affective development, and awareness of the realities of the criminal justice system. The most frequently cited benefits included increased learning, the ability to apply coursework to the internship experience, and improved career readiness. Challenges included exposure to field experiences that led to feeling sad and …

Criminology And Criminal Justice Researchers’ Experiences And Challenges With Institutional Review Boards, Elaine Gunnison, Jacqueline B. Helfgott

Qualitative Criminology (QC)

"Conducting research in criminology and criminal justice settings brings unique challenges involving human subjects. Prior research has examined the quality and effectiveness of Institutional Review Boards (IRB). However, research on the experiences of criminology and criminal justice researchers when interfacing with their IRBs is scant. This study seeks to fill this gap through the exploration of experiences criminology and criminal justice researchers have had with IRBs. Focus groups were conducted with 13 researchers who were members of the Academy of Criminal Justice Sciences and the American Society of Criminology. Results revealed that participants experienced challenges centering around specific themes …

Information Trolls And Democracy: A Qualitative Examination Of Disinformation Campaigns In Canada, Rachelle Louden, Richard Frank

Qualitative Criminology (QC)

"This research explores disinformation delivered during the 2019 Canadian Federal election. This study explores the methods and techniques used by the perpetrators of disinformation campaigns in the context of Canadian elections. This research also examines whether the disinformation discovered during the election falls within criminal foreign interference. Critical discourse analysis is used to qualitatively analyze 26 articles published by a Northeastern U.S. based independent news website within the ten months leading up to the election. This research finds that the use of unnamed sources, hyperbolic statements to misrepresent facts, and strategies to de-legitimize reputable institutions were the most common tools …

The Making Of (Un)Certainty In Knowledge Production: Rhetoric At Play In A Heritability Controversy, Angelica Camacho, Dominique Robert

Qualitative Criminology (QC)

"(Un)certainty is not an inherent quality of a scientific assertion. It is rather the product of negotiations and collective work performed amidst noisy or quiet scientific debates. Using a controversy on heritability of crime-related behaviors as a case study, this paper proposes an analysis of the rhetoric at play to produce (un)certainty in publications presenting competing arguments. The controversy under study is at the heart of the legitimization of biosocial criminology, a contested field of study. The research shows that on the discursive front, three main strategies are used to modalize the (un)certainty of scientific claims over that of competing …

On Critical Geneaology, Bernard E. Harcourt

Faculty Scholarship

Today most critical theorists who deploy history use a genealogical method forged by Nietzsche and Foucault. This genealogical approach now dominates historically inflected critique. But not all genealogical writings today, nor all philosophical debates surrounding genealogy, advance the goals of critical philosophy. It is crucial now that we assess the value of genealogical critiques. The proper metric against which to evaluate such work is whether it contributes to transforming ourselves, others, and society in a valuable way. In this article, I propose that we use the term “critical genealogy” to identify those genealogical practices that positively nourish our activity and, …

Can Human Rights Be Reconciled With Citizenship: Reconsidering Marx's Zur Judenfrage Today, David Ingram

Philosophy: Faculty Publications and Other Works

This essay critically re-examines Marx’s youthful analysis of the separation of church and state and his complex views about the function of rights in the modern state. I argue that Marx’s condemnation of Christian nationalism and endorsement of citizenship for Jews is consistent with his view that the modern, secular state cannot emancipate itself entirely from religiosity, as evidenced by the continuing legacy of nationalism and cultural identity politics today. Although Marx correctly follows Hegel in identifying modernity with a structural differentiation between civil society and state, I argue that he misunderstands the nature of this separation and, along with …

Democracy's Ruling Hand, Steven L. Winter Walter S. Gibbs Distinguished Professor Of Constitutional Law

Law Faculty Research Publications

The claim of liberal constitutionalism is that a text-like object or a ‘diplomatically abstract’ set of principles can work a deflection of disagreements within a pluralist polity. But this project assumes both that pluralism remains amenable to reason and that reason is a capacity independent of the profound differences of meaning, value, and forms of life that shape those disagreements. Neither assumption is correct. Differences in norms, values, and forms of life inevitably undergird and structure differences in meaning, perception, and interpretation. Consequently, a constitution (even when written and accompanied by judicial review) will necessarily unfold in an ongoing process …

"You're Going To Make A Hell Of A Corrections Man Someday": Work Experiences Of Female Wardens And Superintendents, Karen A. Altendorf

Qualitative Criminology (QC)

"This project describes the experiences of female wardens and superintendents in state correctional facilities in the United States. There has been little research on women in leadership positions in corrections; most research has focused on females working in non-traditional occupations or as corrections officers. This project describes how women negotiate gender in a masculine organizational culture where they are not always welcome. In-depth interviews were conducted with twenty-nine wardens and superintendents from thirteen states. The subjects discussed various issues women working in corrections face, from appearance to interacting with inmates and coworkers, being under near-constant scrutiny as women, and being …

A Thematic Analysis Of Parenting Experiences Of Women In Prison, Pious Maedzenge, Dawn Beichner-Thomas

Qualitative Criminology (QC)

Although there is growing literature examining system-involved mothers, little is known about their parenting experiences and coping mechanisms. Using Braun and colleagues’ (2006; 2022) reflexive thematic analysis approach, this qualitative study examines the parenting experiences of forty-four mothers incarcerated in a Midwestern correctional center. The data were gathered from interviews with incarcerated mothers and included accounts of the women’s experiences before and during their incarceration. The narratives illustrate how background experiences (i.e., sexual and physical abuse, drug dependency, and childhood experiences) shape women’s experiences of mothering, perceptions of the effects of incarceration on their children, and reentry plans. Results from …