Criminology Commons^™

Reliability Matters: Reassociating Bagley Materiality, Strickland Prejudice, And Cumulative Harmless Error, John H. Blume, Christopher Seeds

John H. Blume

No abstract provided.

Loyalty's Reward — A Felony Conviction: Recent Prosecutions Of High-Status Female Offenders, Michelle S. Jacobs

Michelle S Jacobs

Between 2001 and 2004, six high-status women were charged with crimes in connection with corporate criminal cases. The public is familiar with some of them, although not all of their cases have been covered equally in the press. With the exception of an occasional article now and then mentioning the exploding rates of female incarceration, women's crime tends to be invisible to the public eye. The statistical data the government collects and analyzes on women and crime will be discussed. This article will focus on the prosecution of the individual cases of Lea Fastow, Betty Vinson, and Martha Stewart. Their …

Federal Civil Rights Litigation Pursuant To 42 U.S.C. §1983 As A Correlate Of Police Misconduct, Philip M. Stinson, Steven L. Brewer Jr, Theresa M. Lanese, Mallorie A. Wilson

Criminal Justice Faculty Publications

Police officers acting in their official capacity are subject to being sued in federal court pursuant to 42 U.S.C. §1983 for violating constitutional rights under the color of law. Using data obtained in a larger study on police crime in the United States, names of more than 5,500 nonfederal sworn law enforcement officers who were arrested during the years 2005-2011 were checked against the civil case party master name index of the federal courts’ Public Access to Courts Electronic Records (PACER) system. Findings indicate that more than 20% of the police officers who were arrested for committing one or more …

Federal Civil Rights Litigation Pursuant To 42 U.S.C. §1983 As A Correlate Of Police Misconduct, Philip M. Stinson, Steven L. Brewer Jr, Theresa M. Lanese, Mallorie A. Wilson

Philip M Stinson

Police officers acting in their official capacity are subject to being sued in federal court pursuant to 42 U.S.C. §1983 for violating constitutional rights under the color of law. Using data obtained in a larger study on police crime in the United States, names of more than 5,500 nonfederal sworn law enforcement officers who were arrested during the years 2005-2011 were checked against the civil case party master name index of the federal courts’ Public Access to Courts Electronic Records (PACER) system. Findings indicate that more than 20% of the police officers who were arrested for committing one or more …

A First Look At The Plea Deal Experiences Of Juveniles Tried In Adult Court, Tarika Daftary-Kapur, Tina Zottoli

Department of Justice Studies Faculty Scholarship and Creative Works

While there is a large body of research on the legal capacities of adolescents, this research largely has neglected the plea-deal context. To learn about adolescents’ understanding of the plea process and their appreciation of the short- and long-term consequences of accepting a plea deal, we conducted interviews with 40 juveniles who were offered plea deals in adult criminal court. Participants displayed a limited understanding of the plea process were not fully aware of their legal options and appeared to be overly influenced by the short-term benefits associated with accepting their plea deals. Limited contact with attorneys may have contributed …

Humane Punishment For Seriously Disordered Offenders: Sentencing Departures And Judicial Control Over Conditions Of Confinement, E. Lea Johnston

E. Lea Johnston

At sentencing, a judge may foresee that an individual with a major mental disorder will experience serious psychological or physical harm in prison. In light of this reality and offenders’ other potential vulnerabilities, a number of jurisdictions currently allow judges to treat undue offender hardship as a mitigating factor at sentencing. In these jurisdictions, vulnerability to harm may militate toward an order of probation or a reduced term of confinement. Since these measures do not affect offenders’ day-to-day experience in confinement, these expressions of mitigation fail to protect adequately those vulnerable offenders who must serve time in prison. This Article …

Vulnerability And Just Desert: A Theory Of Sentencing And Mental Illness, E. Lea Johnston

E. Lea Johnston

This Article analyzes risks of serious harms posed to prisoners with major mental disorders and investigates their import for sentencing under a just deserts analysis. Drawing upon social science research, the Article first establishes that offenders with serious mental illnesses are more likely than non-ill offenders to suffer physical and sexual assaults, endure housing in solitary confinement, and experience psychological deterioration during their carceral terms. The Article then explores the significance of this differential impact for sentencing within a retributive framework. It first suggests a particular expressive understanding of punishment, capacious enough to encompass foreseeable, substantial risks of serious harm …

The Persistence Of Slavery In Rhode Island: Human Trafficking In The Ocean State (Abtract, Peer-Reviewed), Donna M. Hughes Dr., Rachel Dunham, Lucy Tillman, Faith Skodmin, Jessica Wainfor

Donna M. Hughes

This panel will discuss the persistence of slavery in the form of human trafficking in Rhode Island. To address modern-day slavery-like practices, the U.S. passed the Trafficking Victims Protection Act in 2000 and Rhode Island passed the Trafficking of Persons and Involuntary Servitude Act in 2009. Both state and federal anti-human trafficking laws identify two types of human trafficking: forced labor and sex trafficking.

This panel will present the findings of original research done by the five authors during the Spring 2014 on human trafficking cases in Rhode Island from 2009-2013. Sources for analysis of these cases include: police reports, …

Presentation, The Persistence Of Slavery In Rhode Island: Human Trafficking In The Ocean State, Donna M. Hughes Dr., Rachel Dunham, Lucy Tillman

Donna M. Hughes

No abstract provided.

Confessions And Culture: The Interaction Of Miranda And Diversity, Floralynn Einesman

Floralynn Einesman

No abstract provided.

Crime Control, Due Process, & Evidentiary Exclusion: When Exceptions Become The Rule, Elizabeth H. Kaylor

Proceedings of the New York State Communication Association

This paper uses the dichotomy between Herbert Packer’s (1968) two models of criminal justice advocacy – “crime control” and “due process” – as a rhetorical paradigm for understanding policy debate about the exclusion of relevant evidence at trial. Understanding the opposition between crime control and due process advocates as a rhetorical controversy, in which commonly-used ideographs camouflage dramatically different constructions of the concepts at stake, helps to illuminate the way each side mobilizes public support for their narrative of doing . While both the exclusionary rule (which prohibits the use of illegally-obtained evidence in criminal cases) and the “fruit of …

Hidden In Plain Sight: Exploring The Vulnerabilities Of Street-Working Boys In Se Asia, Jarrett Davis, Glenn Miles

Sixth Annual Interdisciplinary Conference on Human Trafficking 2014

The sexual exploitation of men and boys is often little understood and commonly goes ignored. Internationally, it is said that 1 in 6 boys are sexually abused before reaching adulthood and in some nations the exploitation and abuse of boys far outweighs that of girls. Social and cultural norms often assume men and boys to be inherently strong and/or invulnerable to sexual exploitation; however, research in this area continues to show these assumptions to be false. Because of this lack of awareness, the efforts of the organizations and individuals who work to provide for the needs of male victims are …

Analysis Of Human Trafficking Cases In Rhode Island, 2009-2013, Donna M. Hughes, Rachel Dunham, Faith Skodmin, Lucy Tillman, Jessica Wainfor

Sixth Annual Interdisciplinary Conference on Human Trafficking 2014

This presentation is an analysis of seven state and federal cases of human trafficking, including forced labor and sex trafficking, in Rhode Island from 2009 until 2013. In 2009, Rhode Island passed a comprehensive human trafficking law. Since then there have been six cases of sex trafficking and one case of forced labor. Sources for information on the human trafficking cases were police reports, witness statements, court documents and media reports. This presentation will briefly summarize the cases and discuss the similarities and difference among the cases and discuss of some key findings from these cases, which include:
1) Victims …

The Problem Of State Intervention In Post-Abolition Slavery: A Critique Of Consensus, Anthony Talbott, David Watkins

Sixth Annual Interdisciplinary Conference on Human Trafficking 2014

Slavery is now illegal by all states and under international law. Contrary to the hopes of abolitionists, this state of affairs has transformed rather than eradicated slavery as an institution. Furthermore, responses by states to post-abolition forms of slavery have often been less than ideal. This paper begins by comparing two state responses to slavery in the early 20th century: the federal peonage trials in Montgomery, Alabama from 1903-1905, and the federal response to an alleged epidemic of “white slavery” from 1909-1910, culminating in the passage of the White Slave-Traffic Act. Taken together, these responses engender pessimism about the state …

Human Trafficking To Northern America: The Balkan Connection, Natalya Timoshkina, Naser Miftari, Antonela Arhin

Sixth Annual Interdisciplinary Conference on Human Trafficking 2014

This paper draws on the results of a large multi-method study, which examined human trafficking from the former Eastern Bloc to Northern America (Canada and the United States). The study was conducted in 2011-2013, and funded by the Social Sciences and Humanities Research Council of Canada (SSHRC). The analysis is grounded in the findings from 9 countries of the Balkan region included in the study: Albania, Bulgaria, Bosnia and Herzegovina, Croatia, Kosovo, Macedonia, Montenegro, Serbia, and Slovenia. The following data sources were used: (a) national and international reports, media and academic articles, and various documents (in English and official languages …

Human Trafficking, Education And Migration At Ngos In Cambodia And Thailand, Robert Spires, Xinyi Duan

Sixth Annual Interdisciplinary Conference on Human Trafficking 2014

This presentation is based on in-progress collaborative research between researcher Dr. Bob Spires and Hong Kong-based NGO Liberty Asia. The research involves interviews and observations conducted at multiple NGOs in Cambodia and Thailand working to address human trafficking and incorporating educational components into their programs. The study uses comparative lenses to examine issues of education and migration in both the Cambodian and Thai context for human trafficking survivors and at-risk populations. The study is interdisciplinary, drawing on the work on human trafficking in several social science fields. The framework for the research is based on Frank Laczko and Elzbieta Gozdziak’s …

Bra’S For A Cause: A Service Learning Project In A Freshman Level Human Trafficking Course, Beth A. Wiersma

Sixth Annual Interdisciplinary Conference on Human Trafficking 2014

Women and Children for Sale: The Global Problem of Human Trafficking is a General Studies Portal course for college freshman at a Midwestern university. The students in the course were surveyed the first day of class about why they chose the course, what they hoped to get out of the course, what they believed to be true about human trafficking, and how they learned about human trafficking. During the semester the students planned and carried out a service learning project “Bras for a Cause”. This project involved educating others about human trafficking and collecting bras. The bras are sent overseas …

Is Burglary A Violent Crime? An Empirical Investigation Of Classifying Burglary As A Violent Felony And Its Statutory Implications, Phillip Kopp

Dissertations, Theses, and Capstone Projects

Under the common law, burglary is defined as a crime committed against the property of another, and is listed as a property offense for purposes of statistical description by the Uniform Crime Reports (UCR) and the National Crime Victimization Survey (NCVS). However, burglary is prosecuted and sentenced as a violent crime under habitual offender laws at the federal level, and can be regarded as violent in state law, depending on varied circumstances. Using a mixed methods approach, the current study compared state and federal burglary and habitual offender statutes to an empirical description of the offense. First, a comprehensive content …

Reconstructing The Criminal Defenses: The Significance Of Justification, Thomas Morawetz

Thomas H. Morawetz

No abstract provided.

Reconstructing A College Model For Countering Human Trafficking, Ron D. Petitte

Sixth Annual Interdisciplinary Conference on Human Trafficking 2014

Assessment is a hallmark of 21st Century academia. Accordingly, the 2013 college model for countering human trafficking² was reviewed and assessed by the author, leading to a restructuring of the model, in order to present developments that have occurred since the October 2013 Interdisciplinary Conference on Human Trafficking, at the University of Nebraska-Lincoln, as well as attempting to engineer a more practical and effective model: There are two areas of research that link directly to the spectre of human trafficking. The first is economics; and, the question that is raised: “Is human trafficking, today, the result of unjust economic …

A Content Analysis Of Backpage.Com Advertisements In Louisville, Kentucky, Theresa C. Hayden

Sixth Annual Interdisciplinary Conference on Human Trafficking 2014

Backpage.com and Craigslist are replacing the street corner as a crime source for buying and selling of sex. “To reduce commercial sexual exploitation and enforce existing trafficking laws, communities must first recognize the extent of the problem within their local area (Janson, Mann, Marro, & Matvey, 2013, 99). In a population density study conducted in 15 major U. S. cities, it was found that males over 18 years of age who buy sex online ranged from 0.6% in San Francisco to 21.4% in Houston (Roe-Sepoqitz, Hickle, Gallagher, Smith, & Hedberg, 2013). Researchers in the Greater Cincinnati area found a high …

The Social And Economic Implications Of Human Trafficking In Nigeria: Naptip In Focus, Eunice I. Anuforom

Sixth Annual Interdisciplinary Conference on Human Trafficking 2014

Human trafficking is globally recognized as a modern day slavery with multifarious negative socio-economic, legal and health implications. Besides drugs trafficking and gun running, human trafficking has become a lucrative business globally and yields an estimated US$32 million annually. Traffickers trade on human lives, subject them to gory and traumatic experiences in order to make profits. Human trafficking is therefore the worst form of human rights violations and a gender based violence against female who constitute the majority of the victims in the country. Regrettably, Nigeria occupies the ignoble position of a source, transit and destination country for trafficking. In …

Attitude Structures Of Different Ethnic And Age Groups Concerning Police, Peggy Sullivan, Roger Dunham, Geoffrey Alpert

Roger G. Dunham Dr.

No abstract provided.

Neighborhood Differences In Attitudes Toward Policing: Evidence For A Mixed-Strategy Model Of Policing In A Multi-Ethnic Setting, Roger G. Dunham, Geoffrey P. Alpert

Roger G. Dunham Dr.

No abstract provided.

The Corrections System Must Make More Accommodations For The Needs Of Motherhood During Incarceration And The Parole Period, Susan Bloom

Theses & Dissertations

While the overall prison population has experienced an unprecedented growth period over the past thirty years, no segment has grown at a faster rate than the female population. Since the majority of female inmates in this country are mothers, it is imperative that the corrections system addresses the unique needs of this subset. This thesis investigates problems women face during the pregnancy period, while in labor and delivery, while their progenies are infants, children and adolescents and reunification issues during the parole period.

Putting The Microscope On Crime Labs: The Effects Of Evidence Complexity And Laboratory Type On Jurors' Perceptions Of Forensic Evidence, Miliaikeala S.J. Heen

UNLV Theses, Dissertations, Professional Papers, and Capstones

An experiment was conducted to test the effects of evidence complexity and laboratory type on jurors' perceptions of forensic evidence. The study specifically focused on three types of labs: public labs, private labs, and "corporate labs." Public labs are managed by a federal, state, or local law enforcement agency, where evidence is usually analyzed internally at an agency. Private labs are those that have been formed as private businesses to provide services to federal, state, and local crime labs with overflow work. Corporate labs are managed by major retail corporations, and primarily service the needs of their store businesses, but …

Flawed Analysis Of Prostitution In Rhode Island, Donna M. Hughes Dr., Margaret Brooks

Donna M. Hughes

An Exploration Of Sexual Victimization And Academic Performance Among College Women, Carol E. Jordan, Jessica L. Combs, Gregory T. Smith

Office for Policy Studies on Violence Against Women Publications

The literature has documented the widespread nature of sexual assault victimization among college women. While the aftermath of violence against university women has also received focus, that is, documenting trauma-related sequelae; risk factors; reporting patterns; and legal interventions, the impact on academic performance has not received adequate attention in the literature. The primary purpose of this study was to explore the association of rape and sexual assault with academic performance among college women. Its specific aims included the following: to compare high school and college sexual assault experiences with collegiate grade point averages (GPAs) at key points in time; to …

Introduction To The Structure And Limits Of Criminal Law, Paul H. Robinson, Joshua Samuel Barton

All Faculty Scholarship

The book The Structure and Limits of Criminal Law (Ashgate) collects and reprints classic articles on three topics: the conceptual structure of criminal law doctrine, the conduct necessary and that sufficient for criminal liability, and the offender culpability and blameworthiness necessary and that sufficient for criminal liability. The collection includes articles by H.L.A. Hart, Sanford Kadish, George Fletcher, Herbert Packer, Norval Morris, Gordon Hawkins, Andrew von Hirsch, Bernard Harcourt, Richard Wasserstrom, Andrew Simester, John Darley, Kent Greenawalt, and Paul Robinson. This essay serves as an introduction to the collection, explaining how each article fits into the larger debate and giving …

Exploring Police Shootings And Officer Survivability: A Case Study, Amanda Leigh Farrell

Sociology & Criminal Justice Theses & Dissertations

Police shootings are incidents that have lasting effects on the officers involved, the department to which they belong and the community at large, yet these events are rarely discussed holistically with consideration given to the multiple parties impacted. Given the significant impacts, officer survivability and resilience in the aftermath of a shooting incident have become a topic with which most modern police agencies are concerned. While this number of lethal incidents may seem surprisingly low, there is often a narrow focus on the shooting incident itself, with little attention paid to pre-event factors or to the long and short term …