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Department of Justice Studies Faculty Scholarship and Creative Works

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Articles 1 - 7 of 7

Full-Text Articles in Quantitative, Qualitative, Comparative, and Historical Methodologies

Reentry Court Judges: The Key To The Court, Christopher Salvatore, Venezia Michalsen, Caitlin Taylor Mar 2020

Reentry Court Judges: The Key To The Court, Christopher Salvatore, Venezia Michalsen, Caitlin Taylor

Department of Justice Studies Faculty Scholarship and Creative Works

Over the last few decades, treatment-oriented court judges have moved away from being neutral arbitrators in an adversarial court process to treatment facilitators. In the problem-solving court model, judges are part of a more therapeutic treatment process with program participants and a courtroom workgroup. The shift from the use of the traditional criminal justice process toward the use of more treatment-oriented models for some populations highlights the need to systematically document key elements of treatment court models. In particular, it is important to clearly document the role of Reentry Court Judges because they are a key component of the Reentry …

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The Nonexceptionalism Thesis: How Post-9/11 Criminal Justice Measures Fit In Broader Criminal Justice, Francesca Laguardia Oct 2016

The Nonexceptionalism Thesis: How Post-9/11 Criminal Justice Measures Fit In Broader Criminal Justice, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

Contrary to the assumption that ‘‘9/11 changed everything,’’ post-2001 criminal justice practices in the area of terrorism show a surprising consistency with pre-2001 criminal justice practices. This article relies on an analysis of over 300 terrorism prosecutions between 2001 and 2010, as well as twenty full trial transcripts, content-coding, and traditional legal analysis, to show the continuity of criminal justice over this time in regard to some of the most controversial supposed developments. This continuity belies the common assumption that current extreme policies and limitations on the due process are a panicked response to the terror attacks of 2001. On …

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Imagining The Unimaginable: Torture And The Criminal Law, Francesca Laguardia May 2015

Imagining The Unimaginable: Torture And The Criminal Law, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

This article examines the use of torture by the U.S. government in the context of the late 20th-century preventive turn in criminal justice. Challenging the assumption that the use of “enhanced interrogation tactics” in the war on terror was an exceptional deviation from accepted norms, this article suggests that this deviation began decades before the terror attacks, in the context of conventional criminal procedure. I point to the use of the “ticking time bomb hypothetical,” and its connection to criminal procedure’s “kidnapping hypothetical.” Using case law and criminal procedure textbooks I trace the employment of that narrative over several decades, …

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When The Abyss Looks Back: Treatments Of Human Trafficking In Superhero Comic Books., Bond Benton, Daniela Peterka-Benton Jan 2012

When The Abyss Looks Back: Treatments Of Human Trafficking In Superhero Comic Books., Bond Benton, Daniela Peterka-Benton

Department of Justice Studies Faculty Scholarship and Creative Works

Superhero comic book characters have historically engaged issues of social concern. From Superman’s opposition to the Ku Klux Klan in 1947 (Bowers, 2011) to Captain America’s acceptance of a gay soldier in 1982 (Witt, Sherry, & Marcus, 1995) to Batman’s stance against landmines in 1996 (O’Neil, 1996), stories involving superheroes have frequently demonstrated a developed social awareness on national and international problems. Given that the audience for superhero characters is often composed of young people, this engagement has served as a vehicle for raising understanding of issues and as tool for encouraging activism on the part of readers (McAllister, 1992; …

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Between Structure And Agency: Assassination, Social Forces, And The Production Of The Criminal Subject, Cary H. Federman Aug 2011

Between Structure And Agency: Assassination, Social Forces, And The Production Of The Criminal Subject, Cary H. Federman

Department of Justice Studies Faculty Scholarship and Creative Works

Assassins are often regarded as ahistorical figures of evil. In this article, I contest this view by analyzing the assassination of President William McKinley by Leon Czolgosz in 1901. There are two purposes to this article. The first is to situate McKinley’s assassination within the history and development of the social sciences, principally sociology, rather than assume that the assassin is a trans-historical representation of willful irresponsibility. The second is to describe and critique the discourse that made Czolgosz into a rational agent once he entered history as an assassin.

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Mothering As A Life Course Transition: Do Women Go Straight For Their Children?, Venezia Michalsen Aug 2011

Mothering As A Life Course Transition: Do Women Go Straight For Their Children?, Venezia Michalsen

Department of Justice Studies Faculty Scholarship and Creative Works

In this study, qualitative, in-depth interviews were conducted with 100 formerly incarcerated mothers to explore the relationship between attachment to children and desistance from criminal behavior. Exploratory data analysis revealed that mothers do believe that children play important roles in their desistance, consistent with the tenets of life course theory. However, children were also described as sources of great stress, which may in turn promote criminal behavior. Women also related desistance to reliance on self and a higher power, and to a desire to avoid future involvement with the criminal justice system. The article concludes with a call for more …

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Breaking Bodies Into Pieces: Time, Torture And Bio-Power, Cary H. Federman, Dave Holmes Jan 2005

Breaking Bodies Into Pieces: Time, Torture And Bio-Power, Cary H. Federman, Dave Holmes

Department of Justice Studies Faculty Scholarship and Creative Works

This article is an attempt to comprehend the bureaucratic phenomenon of the deathwatch, the last 24 hours of a prisoner’s life, stressing the theoretical applications scholars can make to the study of docile bodies on death row. Because years of work are necessary to obtain obedience from condemned inmates, health care professionals lend more than an aura of legitimacy to the capital punishment process. As an integral part of the prison and capital punishment, they provide stability, reliability, and the means to achieve the goals of peaceful executions. The ultimate objective of utilizing health care professionals is the sanitization of …

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