Legal Studies Commons^™

Violent Offenders And Assaults On Staff Members, Lisa Gentry Long

Theses and Dissertations

Violent Offenders and Assaults on Staff Members. Dissertation, Nova Southeastern University, Fischler College of Education, School of Criminal Justice Department. Descriptors: Violence, violent offenders, violent inmates, corrections, prisons, assaults, correction officers, staff members.

Prison facilities are an integral part of the criminal justice system. Prisons are meant to provide punishment, deterrence and rehabilitation for inmates that are serving time. Prisons across the country are understaffed due to many reasons. It is important for staff members to be trained on how to keep themselves and inmates safe when they are behind the walls of these facilities. Staff members are in positions …

Religion In Incarcerated, Jewish, Female Inmates, Marcia Janine Kesner

Theses and Dissertations

This study explored the role religious belief and practice played amongst Jewish, female inmates during their incarceration. A group of ten correctional chaplains who work with Jewish, female, inmates and a comparison group of ten chaplains who work with Protestant, female inmates were interviewed. The study determined the reasons for and benefits of religious observance among these inmates and included assisting in dealing with fear, providing a sense of peace, and deceitful motives for personal gains. Religious practice also assisted inmate populations in healing from trauma, improving self-respect and self-esteem, building support systems, and additionally for Jewish, female inmates constructing …

Self-Policing: Dissemination And Adoption Of Police Eyewitness Policies In Virginia, Brandon L. Garrett

Faculty Scholarship

Professional policing organizations emphasize the importance of the adoption of sound police policies and procedures, but traditionally doing so has been left to individual agencies. State and local government typically does not closely regulate police, and neither federal constitutional rulings nor state law typically sets out in any detail the practices that police should follow. Thus, law enforcement agencies must themselves draft and disseminate policy. This paper presents the results of studies used to assess the adoption of eyewitness identification policies by law enforcement agencies in Virginia. Policymakers were focused on this problem because Virginia experienced a series of DNA …

The Ability For Investigators To Visible Identify And Interpret Damage To Electrical Conductors, Jacob Alan Graham Critchley

Online Theses and Dissertations

The intent of a fire investigations is to correctly interpret the damage in order to identify the cause responsible for the fire and potentially help prevent similar incidents in the future. According to current guidelines of fire scene processing, fire investigators can implement the procedure of arc mapping as a tool to assist in the determination of the fire’s progression and origin at a fire scene. To do this effectively requires the investigator to identify and correctly interpret the damage to electrical conductors as thermal melting (i.e, fire damage) or electrical activity. This study examined the ability of fire investigators …

Prison Siting In Appalachia: Carceral Expansion, Neoliberalism, And Environmental Harm, Macey Logan Hall

Online Theses and Dissertations

Since 1991, 14 state and federal prisons have been built in Appalachia with a recent proposal for a federal prison to be constructed in Letcher County, KY. Contradicting the narrative that Appalachia remains separated from the national economy, the ills of carceral growth are apparent throughout the region. This study examines the proposal to build a federal prison in Letcher County, KY. The purpose of this study is to gain further insight into the impact that the carceral state, including its promise of economic development, has on environmental harm and land exploitation in the region. The proposed federal prison would …

Testing The Marshall Hypothesis: A Survey Among Justice And Safety College Students, Kimberly Alice Barrett

Online Theses and Dissertations

In his concurrence with the Supreme Court ruling in Furman v. Georgia (1972), Justice Thurgood Marshall postulated that levels of support for capital punishment are associated with the amount of knowledge about the death penalty process. He suggested that exposure to information about capital punishment produces sentiments in opposition to capital punishment except in instances for which support is based on retributive beliefs. These notions have become known as the Marshall Hypothesis and have been empirically tested among a variety of populations. The research presented in this thesis adds to that body of literature by testing these ideas among a …

Pacifying The Visual: Police Reform And The Promise Of Body Worn Cameras, Ivan Benitez

Online Theses and Dissertations

Reform is a political tool, long used to ensure the continuation of specific police practices and the police institution itself. Promising increased transparency and accountability and hence legitimacy, Body Worn Cameras (BWC) purport to show the facts of police work and critical incidents precisely as they happened. Invoking and relying upon the objective truth of the image, policy makers, academics and some police themselves see BWCs both as a panacea to arrest police misconduct and a way to guard against spurious allegations. However, placing them in the long history of police reform, BWCs are also usefully understood as a form …

'Savages','Animals' And 'Criminals':Capitalism, Racial Threat And The U.S Long War On Immigration, Rossana Alejandra Diaz

Online Theses and Dissertations

From mass shootings targeting specific ethnic, racial and religious communities to detention centers for immigrant children, it is imperative to ask of such violent contemporary phenomena: "how did we get here? How is this possible in a place like the United States?" The purpose of this study is to begin to address such questions by analyzing the historical legacy of dehumanizing narratives towards immigrants, and by querying how that history may shape and inform contemporary manifestations, illustrated by the rhetoric stemming from the Trump administration. Examining examples of such rhetoric through ethnographic content analysis of President Trump’s speeches and social …

Serial Killers In Popular Media: A Content Analysis Of Sensationalism And Support For Capital Punishment, April Nicole Pace

Online Theses and Dissertations

Serial murder has been a popular media phenomenon across the United States since the 1980s, and media representations of serial killers may significantly influence public opinion as well as impact capital punishment policies. This content analysis examined the portrayal of one dozen different serial killers using 120 online media reports which included articles published between the 1970s to present day. Results of the analysis showed serial killers were often sensationalized and portrayed in biased ways by popular media, with little attention afforded to academic theories. Support for capital punishment was also prevalent. These findings have implications for policy makers seeking …

Rethinking Digital Forensics, Andrew Jones, Stilianos Vidalis

Research outputs 2014 to 2021

In the modern socially-driven, knowledge-based virtual computing environment in which organisations are operating, the current digital forensics tools and practices can no longer meet the need for scientific rigour. There has been an exponential increase in the complexity of the networks with the rise of the Internet of Things, cloud technologies and fog computing altering business operations and models. Adding to the problem are the increased capacity of storage devices and the increased diversity of devices that are attached to networks, operating autonomously. We argue that the laws and standards that have been written, the processes, procedures and tools that …

The State Of The Death Penalty, Ankur Desai, Brandon L. Garrett

Faculty Scholarship

The death penalty is in decline in America and most death penalty states do not regularly impose death sentences. In 2016 and 2017, states reached modern lows in imposed death sentences, with just thirty-one defendants sentenced to death in 2016 and thirty-nine in 2017, as compared with over three hundred per year in the 1990s. In 2016, only thirteen states imposed death sentences, and in 2017, fourteen did so, although thirty-one states retain the death penalty. What explains this remarkable and quite unexpected trend? In this Article, we present new analysis of state-level legislative changes that might have been expected …

Federal Criminal Risk Assessment, Brandon L. Garrett

Faculty Scholarship

Risk assessments are a common feature of federal decisionmaking, including across a range of administrative agencies. However, in federal criminal law, risk assessments have been only haltingly adopted. Decisions regarding bail, sentences, and prison programming have largely been made based on official discretion. Risk assessment instruments are currently used in federal courts pretrial and postconviction, and in federal prisons regarding security levels and reentry, with highly uneven results to date. The adoption of the First Step Act, which has the ambition to transform the federal prison system through the use of risk instruments, has the potential to introduce a more …

Prisoner, Prison And Situational Characteristics And Their Relationship With The Prevalence, Incidence And Type Of Prison Offending Recorded By A Sample Of Prisoners Within Western Australian Prisons, Catharine Phillips

Theses: Doctorates and Masters

The importance that researchers and prison administrators have placed on ensuring that the good governance, security and safety of prisons are maintained has generated a number of studies of prison offending. Previous studies have identified several prisoner, prison and situational characteristics as relevant in regard to their relationship with the prevalence, incidence and type of prison offences committed. However, no studies have been conducted in Australia, and therefore no studies have included Aboriginal prisoners in their prisoner samples. In addition, the differences in regard to legislation pertaining to prison offending between jurisdictions is also of importance when considering the generalisability …

Developing And Sustaining Political Citizenship For Poor And Marginalized People: The Evelyn T. Butts Story, Kenneth Cooper Alexander

Antioch University Dissertations & Theses

This study tells the deep, rich story of Evelyn T. Butts, a grassroots civil rights champion in Norfolk, Virginia, whose bridge leadership style can teach and inspire new generations about political, community, and social change. Butts used neighbor-to-neighbor skills to keep her community connected with the national civil rights movement, which had heavily relied on grassroots leaders—especially women—for much of its success in overthrowing America’s Jim Crow system of segregation and suppression. She is best-known for her 1963 lawsuit that resulted in the U.S. Supreme Court’s 1966 decision to ban poll taxes for state and local elections, a democratizing event …

The Use Of Public Consultation To Construct Sex Work Related Policies, Ryan Horan

Theses and Dissertations (Comprehensive)

The present study is a qualitative analysis of the Online Public Consultation of Prostitution -Related Offences (OPCPRO), conducted by the Canadian Department of Justice in 2014. This research describes themes that arose within the discourses of respondents to the OPCPRO, and offers a critical examination of the use of online consultations in the production of public policy. I argue that respondents to the OPCPRO, regardless of their support or opposition for criminalization of sex work, strategically draw on values echoed within the Charter of Rights and Freedoms to frame their policy propositions as consistent with sex workers individual rights. I …

Big Data And Artificial Intelligence: New Challenges For Workplace Equality, Pauline Kim

Scholarship@WashULaw

This essay contains remarks delivered in a keynote speech at the University of Louisville Brandeis School of Law’s 35th Annual Carl A. Warns and Edwin R. Render Labor and Employment Law Institute. Big data and artificial intelligence are increasingly being used by employers in their human resources processes in ways that control access to employment opportunities. This essay describes some of those developments and explains how practices like targeted online recruitment strategies and the use of hiring algorithms to screen applicants raise a significant risk of discriminating against protected groups such as women and racial minorities. It then considers some …

Global Lawmakers: International Organizations In The Crafting Of World Markets: Book Review, Melissa (M.J.) Durkee

Scholarship@WashULaw

Susan Block-Lieb and Terence Halliday gradually build up an empirically grounded, meticulously realized argument that individual lawmakers matter. When one allows facts to inform theory rather than the other way around, the authors show, what becomes clear is that individual lawmakers are not just governmental delegates, but a whole variety of professionals, industry association representatives, and others with some stake in the lawmaking process. These actors work not just through formal processes, but also through an array of informal ones. Most importantly, their presence matters to the content of the legal norms that take hold around the world.

The book …

Data Mining And The Challenges Of Protecting Employee Privacy Under U.S. Law, Pauline Kim

Scholarship@WashULaw

Concerns about employee privacy have intensified with the introduction of data mining tools in the workplace. Employers can now readily access detailed data about workers’ online behavior or social media activities, purchase background information from data brokers, and collect additional data from workplace surveillance tools. When data mining techniques are applied to this wealth of data, it is possible to infer additional information about employees beyond the information that is collected directly. As a consequence, these tools can alter the meaning and significance of personal information depending upon what other information it is aggregated with and how the larger dataset …

The Pathologies Of Digital Consent, Neil M. Richards, Woodrow Hartzog

Scholarship@WashULaw

Consent permeates both our law and our lives — especially in the digital context. Consent is the foundation of the relationships we have with search engines, social networks, commercial web sites, and any one of the dozens of other digitally mediated businesses we interact with regularly. We are frequently asked to consent to terms of service, privacy notices, the use of cookies, and so many other commercial practices. Consent is important, but it’s possible to have too much of a good thing. As a number of scholars have documented, while consent models permeate the digital consumer landscape, the practical conditions …

Holmes, Humility, And How Not To Kill Each Other, John D. Inazu

Scholarship@WashULaw

Oliver Wendell Holmes’s dissent in Abrams v. United States is one of the intellectual anchors of modern First Amendment doctrine. In the century since Abrams, we have witnessed changes in society, technology, and politics that have shaped and reshaped the contours of our First Amendment landscape. But not everything has changed — some aspects of our human experience remain remarkably similar to the context in which Holmes wrote. One unchanged aspect of the human condition is our inability to know with certainty. Confronted with this reality in his own day, Holmes at times gestured toward a foundationless relativism. But even …