Other Legal Studies Commons^™

Letter From The Outgoing Editor, Lynne Vieraitis

Qualitative Criminology (QC)

"Welcome to the first issue of Volume 9 of the Journal of Qualitative Criminal Justice & Criminology, and my last issue as editor. I am happy to hand over the position to Scott Jacques from Georgia State University, who has a solid record as a qualitative researcher. The journal is in excellent hands, and I wish Scott and his editorial team the best as they continue to advance the journal and qualitative research."

Explaining The Body-Worn Camera Perspective Bias, Rémi Boivin, Camille Faubert, Annie Gendron, Bruno Poulin

Qualitative Criminology (QC)

"Body-worn cameras (BWCs) can be used to provide video evidence that is expected to help settle cases quickly. The present study explores the assumption that everyone who watches a recorded intervention will have the same understanding of the images. Focus groups were conducted with different people: citizens from the general population, in-training police candidates and cadets, as well as experienced police officers. The aim was to provide insights into how a potential BWC perspective bias affects attitudes towards use of force incidents. Results suggest that the bias has more effect on those without actual experience of police work. In particular, …

“A Victim Is A Victim:” Lgbt Blindness Among Victim Assistance Workers, Michael C. Lasala, James P. Fedor

Qualitative Criminology (QC)

"LGBT crime victims underutilize victim assistance services because they fear secondary victimization by homophobic and insensitive workers and organizations. However, assessment of the perceptions and competence of those working with these populations is largely absent from the literature. To address this gap, we qualitatively investigated 83 victim assistance workers and administrators regarding their practices with LGBT victims. Overall, respondents believed that a victim’s sexual orientation or gender identity was irrelevant, which was well-meaning but potentially perpetuated a type of LGBT cultural blindness to the needs of these populations, not dissimilar to color blindness among some white service providers toward African …

“Driver’S License, Military Id, And Proof Of Registration And Insurance, Please”: Officer Discretion Surrounding Traffic Stops On An Air Force Installation, Steven L. Holman, Don Hummer

Qualitative Criminology (QC)

"Officer discretion is an oft-debated topic in American culture today. A plethora of research has been conducted on how local, county, and state law enforcement officers use their discretionary authority specific to enforcement of moving violations and the initiation of traffic stops, however to date, no such work has been conducted on a policing entity within the United States military. Through observational ride alongs and unstructured discussion with participants, this study breaks that barrier and assesses how one particular Air Force installation’s law enforcement officers exercise their authority."

“Sometimes I’M Just Wearing The Prosecutor Down”: An Exploratory Analysis Of Criminal Defense Attorneys In Plea Negotiations And Client Counseling, Jacqueline G. Lee, John W. Ropp

Qualitative Criminology (QC)

"As plea bargains have proliferated in the criminal justice system, scholars have been working to better understand their mechanics. There have been a few recent examinations of plea bargaining, but the literature lacks qualitative research that gives the defense sufficient attention. Using a sample of courtroom practitioners in one large, urban county, we examine defense attorney bargaining and client counseling tactics. Results demonstrate that defense attorneys use a variety of strategies for negotiation, including sharing humanizing information about their clients with the prosecutor and utilizing delay tactics. Results also suggest that attorneys counsel their clients about plea offers in varying …

Understanding The Motivations Of Citizens To Join A Community Posse Initiative: A Qualitative Analysis, Michael Mcskimming

Qualitative Criminology (QC)

"This qualitative study examines a community posse initiative initiated by the Clearfield County Sheriff’s Office in Pennsylvania in 2015. In this research, we aimed to understand the motivations of volunteers who joined the posse initiative and identify the factors that affect citizens’ decisions to contribute to a volunteer policing effort. To do this, we collected data through semi-structured interviews with posse members and also obtained official data from the Sheriff’s Office. The major findings suggest that participants were motivated to join the posse out of feelings of duty/attachment to the community, a desire to help law enforcement, and a heightened …

Person-Based Proactivity And Community Relations: Examining Police Perspectives In Troubled Times, Vaughn J. Crichlow, Ross Deuchar, Seth Wyatt Fallik

Qualitative Criminology (QC)

"Deadly encounters between police and Black men have led to public outrage and increasing scrutiny of law enforcement. In response, some law enforcement leaders have called for more proactive strategies in high-crime areas. While many have criticized oppressive examples of proactivity, such as stopquestion- and-frisk, others have suggested that proactive approaches could be more effective if tailored to the needs of racial and ethnic minority residents. In this qualitative study, we explore these issues using data collected from interviews and participant observation with police officers at a Southern Police Department located near several low-income ethnic minority neighborhoods. The aim of …

Policing Internet Sex Trafficking, Johnny Nhan, Kendra N. Bowen

Qualitative Criminology (QC)

"Few studies have examined Internet sex trafficking through the lens of law enforcement working these cases. The purpose of this research is to explore the dynamic nature of policing sex trafficking in the online environment. The qualitative data was drawn from interviews with police investigators and detectives who work sex trafficking cases in two urban cities in Texas. The results suggest that the nature of sex trafficking has significantly evolved since the advent of social media, including the strategies for recruitment of workers and clients, making enforcement easier with some aspects and much more difficult with others. Additionally, law enforcement …

The Inluence Of Traditional Police Culture On The Activities Of School Resource O��Cers, Benjamin W. Fisher, F. Chris Curran, Samantha Viano, John Skinner

Qualitative Criminology (QC)

"School resource officers (SROs) have become increasingly prevalent in U.S. public schools, yet critics suggest that there is an inherent incompatibility between the cultures of police and education. However, research has not examined the extent to which some of the potentially incompatible elements of police culture exist among SROs. This study examines three elements of traditional police culture that are likely to be particularly incompatible with school settings— suspicion, danger anticipation, and unpredictability. Given SROs’ involvement in roles such as teaching and informal counseling that extend beyond the typical duties of police officers, it is unclear whether these elements of …

“I’Ve Never Been Straight Up Robbed Like That”: Resident Perceptions And Experiences Of Inner-City Police Raids, Marta-Marika Urbanik, Carolyn Greene

Qualitative Criminology (QC)

"Empirical research has consistently demonstrated that residents of disadvantaged and racialized inner-city neighborhoods across North America are subjected to disproportionate and omnipresent policing. Consequently, relationships between law enforcement officials and marginalized community members are often strained. Whilst a robust body of literature has examined how citizens perceive “every day” policing practices such as “carding,” stop and search, etc., it remains unclear how citizens perceive more invasive policing encounters—such as police raids. Drawing upon 35 interviews with residents of Toronto’s inner-city, this paper explores how community members experience, make sense of, and talk about police raids. Our data uncover widespread perceptions …

Law Library Blog (March 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

A Different Set Of Rules? Nlrb Proposed Rule Making And Student Worker Unionization Rights, William A. Herbert, Joseph Van Der Naald

Publications and Research

This article presents data, precedent, and empirical evidence relevant to the National Labor Relations Board (NLRB) proposal to issue a new rule to exclude graduate assistants and other student employees from coverage under the National Labor Relations Act (NLRA). The analysis in three parts. First, the authors show through an analysis of information from other federal agencies that the adoption of the proposed NLRB rule would exclude over 81,000 graduate assistants on private campuses from the right to unionize and engage in collective bargaining. Second, the article presents a legal history from the past half-century about unionization of student employees …

Assessment Of Bias In Police Lineups., Nancy K. Steblay, Gary L. Wells

Faculty Authored Articles

Materials from five extant field studies were analyzed to determine the level of structural bias in police lineups. Depending on the jurisdiction, between 33% and 68% of lineups sampled from 1,548 real police lineups scored as suspect-biased using mock-witness proportion score. The suspect did not draw a fair portion of mock-witness picks in 20% of field lineups (reverse-biased lineups). Lineup fairness measures revealed that a point estimate (mean) for a set of lineups can mask significant problems in lineup construction and that any single lineup should not be assumed to be fair based on an aggregate score. A sample of …

Supports For Migrant Farmworkers: Tensions In (In)Access And (In)Action, Susana Caxaj, Amy Cohen, Sarah Marsden

Health and Rehabilitation Sciences Publications

Purpose: This study examined the role of support actors in promoting or hindering access to migrant agricultural workers' (MAWs) needs, and, to determine the factors that influence adequate support for this population.
Methodology: Employing a Situational Analysis methodology, we carried out focus groups and interviews with 35 support actors complimented by a community scan (n=28) with public-facing support persons and a community consultation with migrant agricultural workers (MAWs).
Findings: Two major themes were revealed: (In)access and (In)action, and; Blurred Lines in Service Provision. The first illustrated how support actors could both reinforce or challenge barriers for this population through tensions …

The Undeserving Rich: Can They Be Redeemed? Policy Options For Curbing Illegal Wealth, James F. Gilsinan, James E. Fisher, Muhammad Islam, Henry Ordower, Wassim Shahin

All Faculty Scholarship

Purpose – The purpose of this study is to examine the efficacy of various policy options for curbing the accumulation of illegal wealth and suggest ways to close the increasing wealth inequality gap.

Design/methodology/approach – The paper begins with a historical/literary analysis of the place of wealth in American Society and the ambivalent cultural attitudes toward wealth. Different policy approaches that seek to limit wealth inequality and the illegal accumulation of wealth are then examined. Finally, the current policy climate in the USA is reviewed to determine the likelihood of meaningful reform.

Findings – In Europe, the BASEL accords show …

Human Trafficking Definitions To Eradication In Virginia: A Legislative Analysis, Hannah Kay Byrum

Undergraduate Honors Theses

The gap between the reality of human trafficking in Virginia and the necessary legislative systems, remedies, and support afforded to victims, is wide. My research arose from my experience navigating this incongruity in Virginia law and its impacts, through a delegate’s office, the office of a United States Senator, and a government relations firm. This research articulates the significant, material legislative initiatives required in Virginia’s human trafficking legislative landscape. In surveying this landscape, this research articulates where incongruences ex-unified language and legislative definitions, exist in key areas. This research addresses the need for expansion on the parameters to which victims …

Foreword To The Symposium: Jewish Law And American Law: A Comparative Study, Samuel J. Levine

Touro Law Review

No abstract provided.

The “Step-Child Of Scholarly Investigation”: Preliminary Observations About The Origins Of Academic Jewish Law Scholarship, David Hollander

Touro Law Review

No abstract provided.

A Venue To Grow: Researching Professional Growth In The Collaborative Courts Of The Northern District Of California, Wyatt Lim-Tepper

Master's Projects and Capstones

This study examines the professional growth of collaborative court staff in the Northern District of California (NDCA). First, it sets forth a background that reviews the history of collaborative courts and details the development, purpose and structure, and current processes at the federal level. Second, the researcher describes the framework of the NDCA as an institution and further identifies the stakeholders who participate in the NDCA’s two collaborative courts: the Reentry Court and the Conviction Alternatives Program (CAP). Third, the study reviews the literature on professional growth in the legal field, education and academia, and public-health fields. Fourth, this paper …

Refugee Resettlement In The U.S.: The Hidden Realities Of The U.S. Refugee Integration Process, Bienvenue Konsimbo

Master of Science in Conflict Management Final Projects

From the 1946 to the 1980 Act, more than two million refugees have resettled in the U.S. (Eby, Iverson, Smyers, & Kekic, 2011p.). This has made the U.S. the largest of the 10 resettlement countries (Xu, 2007, p. 38). The U.S. department of state (DOS)’ hope is to give “the refugee a leg up on their journey to self-sufficiency” (Darrow, 2015, p. 92). For these millions of refugees, their expectations are to find “employment, education, to provide a better environment for their children, and to integrate into the community” (Xu, 2007p.38).

However, this pre-package deal is not without repercussions or …

Boomers And Fraudsters: A Closer Look At The Financial Elder Abuse Cycle In America, Ryan E. Brown

Marriott Student Review

In 2011, a landmark study was published by the Metlife Mature Market Institute claiming that nearly $3 billion disappears from the wallets and bank accounts of senior citizens annually. More surprising is that a similar study reported that figure could be as high as $36 billion. Because so many seniors let incidents of fraud or financial deceit go unreported, there is a huge discrepancy in annual reporting. This contributes to the overall lack of understanding we have of elder financial abuse, or why seniors continue to lose to fraudsters and scam artists. In a brief overview of financial elder abuse …

On The Need For Human Rights To Constitute Structural Change: Lessons For Colombia From The Arab Spring’S Failures, Anthony Chase

Biennial Conference: The Social Practice of Human Rights

Transitional processes have nowhere failed as spectacularly than in the wake of the Arab Spring's "revolutions." Contrary to popular expectations, these revolutions gave way to counter-revolutions rather than transitions to democracy and pluralistic politics. This article argues that, by settling for transitions to mere formal democracies, an opportunity was lost to engage in necessary structural change. While understandable that transitional processes shied away from addressing controversial issues -- including how to translate diversity in religious, gender, sexual, and ideological domains into the foundation of new political communities -- not doing so was a fatal error as it left untouched preexisting …

Aggrieved Entitlement In The Ivory Tower: Exploratory Qualitative Results From A Large-Scale Campus Climate Survey, Walter S. Dekeseredy, Kathryn Burnham, Robert Nicewarner, James Nolan, Amanda K. Hall-Sanchez

Qualitative Criminology (QC)

"A number of key risk factors are associated with racist, sexist, and homophobic practices on North American college campuses. However, one additional determinant that has thus far been overlooked is male aggrieved entitlement. Using exploratory qualitative data gleaned by the Campus Quality of Life Survey administered at a large college in the South Atlantic region of the United States, the main objective of this article is to help fill a major research gap by showing that aggrieved entitlement is a correlate that warrants more attention in future empirical and theoretical work on campus climates."

It’S Dirty Work But Someone Has To Do It: An Examination Of Correctional Officer Taint Management Techniques, Scott Chenault, Brooke Collins

Qualitative Criminology (QC)

"Since the 1950s scholars have applied the term dirty work to occupations that society views as demoralizing or disgusting. Occupations are labeled as dirty when they require work which is physically, socially and/or morally tainted. Correctional officers experience pervasive levels of all three types of taint while working in a low prestige occupation. This article relies on ethnographic data to examine how occupational stigma management techniques are taught to new officers and what techniques are most prominent. The findings indicate that new officers are taught occupational ideologies regarding stigma management primarily through sense-making and storytelling. We find that officers manage …

Ethically Representing Drug Use: Photographs And Ethnographic Research With People Who Use Methamphetamine, Heith Copes, Whitney Tchoula, Jared Ragland

Qualitative Criminology (QC)

"The use of photographs in criminological research can be an important tool for both collecting data and illustrating findings. When used in published research, photographs can aid in viewers connecting with the subject matter and the participants. However, photographs can also reify and reinforce cultural stereotypes. We believe that the potential damage done by including photographs can be mitigated when the photographs are properly contextualized. Our aim here is to argue for the value of contextualized photographs in research with those who engage in crime or deviance. We illustrate how by including the stories of participants and ourselves we can …

An Analytical History Of Black Female Lynchings In The United States, 1838-1969, David V. Baker, Gilbert Garcia

Qualitative Criminology (QC)

"Narratives on the lynching of black females in the United States have rarely commanded much more than minor postscripts in the lynching scholarship, thus leaving the historical picture of lynching violence incomplete and distorted. To correct for this unfinished portrait of American lynchings, the present work provides a contextual history on black females victimized largely by white male terrorists. To distinguish black female lynchings and bring into sharper focus the wretched horror suffered by black women and young black girls, this work constructs an inventory of 188 confirmed cases of black females lynched mostly by white mobsters from 1838 to …

“I Did What I Believe Is Right”: A Study Of Neutralizations Among Anonymous Operation Participants, Kimberly A. Detardo-Bora, Erica N. Clark, Bill Gardner

Qualitative Criminology (QC)

"Our knowledge of online activists or hacktivists is growing, but it is still far from complete. The reasons why some of these individuals violate computer laws or how they justify their behavior remains elusive, yet one particular framework that lends itself to understanding a hacker or hacktivist’s belief system is Sykes and Matza’s (1957) neutralization theory. The present study involved a content analysis of publicly available commentary found online and made by participants in Anonymous operations against United States targets from 2008-2013. Over 13,000 words were analyzed, and of the 384 passages of text and phrases, roughly 62% of passages …

#Jesuisparis?: An Appeal To Hypocrisy And Justifications For Mass Casualty Violence, Karyn Sporer, Michael K. Logan, Gina S. Ligon, Doug C. Derrick

Qualitative Criminology (QC)

We draw from Sykes and Matza’s techniques of neutralization theory to interpret how Islamic State and the Levant (ISIL) soft-sympathizers justify violence perpetrated by ISIL. Data come from Tweets associated with ISIL-affiliated accounts that occurred within 24 hours of three high-profile ISIL-attributed attacks: Paris, Nice, and Orlando. Our findings suggest that condemnation of the condemners was a particularly salient neutralization technique used to point out the perverse motives and inconsistent behaviors of Western armed forces, media, and the public. More specifically, we found that the condemnation of the condemners was underlined by three specific claims: (1) comparable violence, (2) …

Anger From Within: The Role Of Emotions In Disengagement From Violent Extremism, Pete Simi, Steven Windisch, Daniel Harris, Gina Ligon

Qualitative Criminology (QC)

"There is growing recognition about the similarities between generic criminality and violent extremism. Using data derived from a unique set of in-depth life history interviews with 40 former U.S. white supremacists, as well as previous studies of criminal desistance, we examine the emotional valence that characterizes actors' descriptions of the disengagement process. More specifically, results suggest that negative emotions (i.e., anger and frustration) directed toward the extremist group and oneself function as a catalyst for disengagement. Negative emotions become a source of motivation in re-evaluating the relative importance of the group as it relates to the individual. Ultimately, the reevaluation …

Definitions Favorable To Terrorism? Sssl And Radicalization: A Case Study Approach, Jennifer Varriale Carson, Patrick Andres James

Qualitative Criminology (QC)

"Although social structure and social learning (SSSL) theory has oft been proposed as a general theory of crime, it has rarely been applied to that which qualifies as ideologically-motivated. We seek to rectify this notable gap in the research by examining the suitability of an SSSL framework to radicalization; an understudied, yet vital process to enacting evidence-based counterterrorism efforts. Utilizing a “most likely” case study approach, we find several themes consistent with SSSL principles, primarily within its social learning constructs. We conclude that SSSL does indeed offer promise for explaining all forms of crime including acts of terrorism."