Legal Studies Commons^™

Ethical Implications Of Intellectual Property In Africa, Dick Kawooya

Faculty Publications

No abstract provided.

Accidental Detention: A Threat To The Legitimacy Of Venezuelan Democracy, Mabel Gabriela Durán-Sánchez

USF Tampa Graduate Theses and Dissertations

The main argument of this thesis is that the penitentiary crisis in Venezuela is brought about an inept criminal justice system whose functioning (or lack thereof) further exacerbates overcrowding in penitentiary facilities as well as violates the most basic human rights. More elaborately, I argue that the unintentional (mis)use of pre-trial preventive detention, one of the consequences of the inept criminal justice system, further exacerbates the overcrowding in prisons and creates serious human rights implications. The purpose of this study is to establish a connection between the penitentiary crisis in Venezuela, with a focus on pre-trial preventive detention, and the …

International Perceptions Of Stalking And Responsibility: The Influence Of Prior Relationship And Severity Of Behavior, Adrian J. Scott, Nikki Rajakaruna, Lorraine Sheridan, Emma Sleath

Research outputs 2013

This study investigates the influence of prior relationship and severity of behavior on perceptions of stalking and responsibility with a combined sample of 1,080 members of the community from Australia, the United States, and the United Kingdom. Participants were presented with 1 of 12 versions of a hypothetical stalking scenario and responded to scale items regarding the behavior of a male perpetrator toward a female target. Prior relationship and severity of behavior influenced perceptions of stalking and responsibility, and the pattern of findings was consistent across the three countries. The perpetrator’s behavior was perceived to constitute stalking, and necessitate police …

The Attribution Of Responsibility In Cases Of Stalking, Adrian J. Scott, Jeffery Gavin, Emma Sleath, Lorraine Sheridan

Research outputs 2013

There is a general belief that stranger stalkers present the greatest threat to the personal safety of victims, despite national victimisation surveys and applied research demonstrating that ex-partner stalkers are generally more persistent and violent. The just-world hypothesis offers a possible explanation for this apparent contradiction. The current research used nine hypothetical scenarios, administered to 328 university students, to investigate the assumptions that underlie attributions of responsibility in cases of stalking. It explores whether these assumptions are consistent with the proposed mechanisms of the just-world hypothesis, and whether they vary according to the nature of the perpetrator–victim relationship and conduct …

Rethinking The Principal-Agent Theory Of Judging, Rafael I. Pardo, Jonathan Remy Nash

Scholarship@WashULaw

This Essay offers new insights into understanding the relationship between higher and lower courts and responds to the extant literature that has characterized the relationship as one involving a principal and an agent. We challenge the underpinnings of the principal-agent understanding of judicial hierarchies and identify problems with the theory’s applicability in this context. While principals ordinarily select their agents, higher court judges usually do not select lower court judges. Moreover, while lower court judges may cast votes with an eye to the possibility of elevation to a higher court, the higher court judges who review the lower court’s decisions …

Plea Bargaining, Sentence Modifications, And The Real World, Julian A. Cook

Scholarly Works

This article examines the 2011 Supreme Court decision in United States v. Freeman. At issue was whether defendants, such as Freeman, who enter a guilty plea pursuant to a binding plea agreement, are entitled to seek a modification of their sentence when the guideline range applicable to their offense has subsequently been lowered by the United States Sentencing Commission. By a five-to-four vote, the Court found that Freeman was eligible to seek a sentence reduction. However, as the article explains, the concurring and controlling opinion of Justice Sotomayor may ultimately prove to be problematic for criminal defendants generally and for …

Revulsion And Palatability: The Staying Power Of Death Penalty Rituals - Last Meals And Beyond, Angie Wheaton

Online Theses and Dissertations

The United States has a rich history surrounding capital punishment, and execution rituals are central to this history. The death penalty regime has evolved from a primarily private-based justice system to the state-carceral capital punishment system we have today. This thesis uses three historical eras as the framework for analyzing methods of executions and the rituals that surround them. Throughout each period, rituality has helped cushion the revulsion that is inherently present when taking the life of a human being. If revulsion is not managed, the legitimacy of capital punishment can be questioned. The apex of the capital punishment legitimacy …

Nowhere To Go: The Trend To Criminalize The Nation's Homeless, Jessica Anderson

Online Theses and Dissertations

The criminal justice system often uses much force in its response to the homeless population. The homeless are often targeted and have their basic human dignities trampled as law enforcement destroys their property and jails them for activity essential for human existence as those activities are criminalized. With the negative perception held by much of the criminal justice system, no homeless person can receive impartial treatment at the hands of the criminal justice system. This ethnographic study researches the trends in the criminalization of the homeless by interviewing seven respondents for their experiences and observations.

Examining The Role Of Race, Gender, And Class In African-American Police Perceptions In Rural Kentucky, Paul Maxwell Blackhurst

Online Theses and Dissertations

Prior research has consistently demonstrated the role of race in understanding racial and ethnic differences in perceptions of the police. This research has overwhelmingly shown that Blacks and Latinos hold lower levels of trust and confidence in the police than do Whites and other racial minorities. The increased skepticism of the police expressed by minority citizens is commonly associated with racial profiling and documented racial disparities in police behavior. Although policing research has empirically demonstrated the influence of race on perceptions of the police, few studies have explored police perceptions from a rural context. By employing the Citizen's Attitudes Towards …

The Upper Big Branch Mine Explosion: Occupational Hazard Or Preventable Tragedy; A Look At State-Corporate Crime, Cassandra Tate

Online Theses and Dissertations

Corporate crimes, defined as "illegal and harmful acts committed by officer and employees of corporations to promote corporate interests," have a greater impact on society than many street crimes. Corporate crime includes a range of white-collar crimes that affect employees and consumers. White-collar and corporate crimes are often ignored by the media unless there is involvement in some high profile scandal. There tends to be a paucity of research associated with coal industry related corporate crimes. This includes personal and death related events in the coal mining industry. This was evident in the 2010 explosion at the Upper Big Branch …

Factors That Contribute To Success In Policing Based On Prior Military Experience, Thomas Salem Fagan

Online Theses and Dissertations

This research attempted to determine whether current law enforcement officers with military experience felt that they were more prepared for their jobs in the agency than officers without military experience. Law enforcement officers from two police departments were selected to take a survey based on their military backgrounds. This survey was completed and the results were reviewed.

It was concluded that law enforcement officers with military experience felt that they were more prepared for the job and had an edge over other officers with no background in the military. In addition, officers with combat experience also felt that they had …

Sexual Victimization Among Sorority Women, Amanda Hinkel

Online Theses and Dissertations

Numerous studies have shown that sorority women have been found to be at greater risk for sexual victimization (including rape and sexual assault) than non-sorority women (29% to 7% respectively; Minow & Einolf, 2009) for several reasons, including: frequent contact and association with fraternity men, the prevalence of alcohol in Greek life, and the effects alcohol has on the body once it is consumed. This paper summarizes research on the circumstances that increase the likelihood that sorority women will become victims of sexual assault, sexual coercion, or rape.

Since the research has suggested that one in four college women are …

Music Piracy And Its Criminalization: Understanding The Napster Era (1999) To Present Through Donald Black's Theory Of Moral Time, Craig Robert Jankowski

Online Theses and Dissertations

In the year 1999 Napster, a provider of music downloading software, broke news headlines around the world when copyright infringement lawsuits were filed against the company. Ever since then internet music piracy has been a very controversial topic and a target for criminalization efforts. In the field of criminology there have been few attempts to apply theory to the topic of internet music piracy. Theorization of internet music piracy has mainly focused on the illegal behavior of music piracy, explaining the motivations and knowledge behind it. Something that has been neglected in theoretical work of online music piracy is its …

Predicting Inmate Economic Conflict In Female Housing Units: Individual Factors Versus Social Climate Factors, Polina Andreyevna Karpova

Online Theses and Dissertations

Despite the fact that a number of studies have focused on different types of prison victimization, very little research has investigated inmate economic conflict. This study describes the context of inmate economic conflict and examines the factors that may account for the development of this conflict in female housing facilities. The secondary data analysis study is based on validated survey data from 3499 female inmates housed in fifteen correctional facilities located in seven different states. In addition to conducting descriptive statistical analyses, inmate economic conflict scores were regressed on a range of individual-related (background) and social climate-related (environmental) variables. This …

A Deconstruction Of Dexter: An Analysis Of Noble Cause Corruption Within A Crime Drama, Alyssa Lawrence

Online Theses and Dissertations

The literature on corruption within law enforcement typically addresses factors such as brutality, dishonesty, accepting bribes, and using falsified evidence. This research project examines noble cause corruption (NCC), an area that scholarship has ignored until the last ten years. NCC is defined by Crank and Caldero (2007) as using illegal means to achieve good ends. Although NCC is not a new phenomenon it has become of greater focus in television and movies. Many recent television shows have represented NCC in a positive light, almost disguising it as if it were not present. Therefore the topic of this paper is not …

Risk To Public Safety Posed By Adjudicated Delinquent Juvenile Sex Offenders: Do They Really Need To Register, Donna Susan Mynatt

Online Theses and Dissertations

This study examined sexual and non-sexual recidivism among a sample of delinquent juvenile sexual offenders (JSOs) following commitment to a state juvenile correctional agency. Both juvenile and adult recidivism rates were studied. The results showed a low rate of sexual recidivism and a high rate of non-sexual recidivism across a 4-year follow-up period past age18. Logistic and linear regression identified 4 significant predictor variables of non-sexual recidivism. JSOs that were non-white, un-related to the victim in the initial offense, or used another location for the initial offense other than their own home, were significantly more likely to commit non-sexual recidivism. …

Police Deception: A Survey Of Eku Students, Jason Anthony Nicholson

Online Theses and Dissertations

Abstract

Police deception has been both good and bad for society. Deceptive interrogation is an effective method of gaining confessions and convictions. It is also dangerous in that it raises the potential for false confessions, damages police-citizen relationships, damages case strength, and encourages lying in other aspects of policing. The purpose of the study was to gauge the opinions of students regarding deceptive interrogation by police. A survey was administered to a purposive sample of undergraduates at Eastern Kentucky University. The survey asked questions regarding the students' level of approval toward different scenarios of police deception. It also asked some …

Concepts Of Law, Mathew D. Mccubbins, Mark Turner

Faculty Scholarship

No abstract provided.

Incarceration And The Economic Fortunes Of Urban Neighborhoods, Jeffrey A. Fagan, Valerie West

Faculty Scholarship

This chapter turns to the response of the criminal justice system to neighborhood violence, in particular examining to what extent persistently high levels of incarceration can depress economic well-being and human capital in disadvantaged and racially segregated communities. A panel analysis of New York City neighborhoods between 1985 and 1996, a period in which the city's violent-crime rates both rose and fell sharply, provides evidence that high incarceration rates reduce income growth, educational attainment, and work experience in disadvantaged and racially segregated neighborhoods. To rectify this, targeted micro investment and housing development in such areas can break the connection between …

Persuasion Treaties, Melissa (M.J.) Durkee

Scholarship@WashULaw

All treaties formalize promises made by national parties. Yet there is a fundamental difference between two kinds of treaty promise. This difference divides all treaties into two categories: treaties that govern the behavior of state parties and their agents fall in one category; treaties in the second category—those I call “persuasion” treaties—commit state parties to changing the behavior of non-state actors as well. The difference is important because the compliance problems for the two sets of treaties sharply diverge. Persuasion treaties merit our systematic attention because they are both theoretically and practically significant. In areas such as international environmental affairs, …