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Rethinking Antebellum Bankruptcy, Rafael I. Pardo 2024 Washington University in St. Louis School of Law

Rethinking Antebellum Bankruptcy, Rafael I. Pardo

Scholarship@WashULaw

Bankruptcy law has been repeatedly reinvented over time in response to changing circumstances. The Bankruptcy Act of 1841—passed by Congress to address the financial ruin caused by the Panic of 1837—constituted a revolutionary break from its immediate predecessor, the Bankruptcy Act of 1800, which was the nation’s first bankruptcy statute. Although Congress repealed the 1841 Act in 1843, the legislation lasted significantly longer than recognized by scholars. The repeal legislation permitted pending bankruptcy cases to be finally resolved pursuant to the Act’s terms. Because debtors flooded the judicially understaffed 1841 Act system with over 46,000 cases, the Act’s administration continued …


Redistributing Justice, Benjamin Levin, Kate Levine 2024 Washington University in St. Louis School of Law

Redistributing Justice, Benjamin Levin, Kate Levine

Scholarship@WashULaw

This article surfaces an obstacle to decarceration hiding in plain sight: progressives’ continued support for the carceral system. Despite increasingly prevalent critiques of criminal law from progressives, there hardly is a consensus on the left in opposition to the carceral state. Many left-leaning academics and activists who may critique the criminal system writ large remain enthusiastic about criminal law in certain areas—often areas where defendants are imagined as powerful and victims as particularly vulnerable. In this article, we offer a novel theory for what animates the seemingly conflicted attitude among progressives toward criminal punishment—the hope that the criminal system can …


Empirical Examination Of Factors That Influence Official Decisions In Criminal Cases Against Police Officers, Francis D. Boateng, Daniel K. Pryce, Michael K. Dzordzormenyoh, Ming-Li Hsieh, Alan Cuff 2024 The University of Mississippi

Empirical Examination Of Factors That Influence Official Decisions In Criminal Cases Against Police Officers, Francis D. Boateng, Daniel K. Pryce, Michael K. Dzordzormenyoh, Ming-Li Hsieh, Alan Cuff

Sociology & Criminal Justice Faculty Publications

In the current paper, we examine departmental and court decision-making in criminal cases against police officers. The study has two objectives: 1) to examine variables that impact departmental decisions in criminal cases against police officers, and 2) to examine factors that affect case disposition/conviction decisions by the courts. To achieve these objectives, we analyzed nationally representative arrest data using multiple statistical approaches. The results obtained revealed important patterns that are critical to our understanding of how the courts and police departments decide matters relating to police criminality. For instance, victim characteristics significantly influenced decision-making by both the police agency and …


Applying Social Bond Theory To Foster Care Instability And Justice System Contact, Therin P. Foley 2024 Georgia Southern University

Applying Social Bond Theory To Foster Care Instability And Justice System Contact, Therin P. Foley

Honors College Theses

While placing a child in foster care is often in an effort to protect them and their future, it does not always fully succeed. Placement in foster care has been found to be highly unstable. Additionally, it has been linked to an increase in individuals’ likelihood to engage in delinquent and criminal behavior. This thesis looks at the possibility that these two aspects may be related through Hirschi’s (1969) Social Bond theory. It examines available data from ten different states in order to explore this idea. The results of this investigation show that the instability of the foster care system …


Volume 6, Issue 1 (2023) Criminal Justice Agents And Responsibility, Colleen Berryessa, Elizabeth Griffiths, Kaitlen Hubbard, Deena A. Isom, Kateryna Kaplun, Hiuxuan Li, Siyu Liu, Esther Nir, Heather L. Scheuerman, Rachel Schumann, Sandy Xie, Carolyn Yule 2023 Rutgers University - Newark

Volume 6, Issue 1 (2023) Criminal Justice Agents And Responsibility, Colleen Berryessa, Elizabeth Griffiths, Kaitlen Hubbard, Deena A. Isom, Kateryna Kaplun, Hiuxuan Li, Siyu Liu, Esther Nir, Heather L. Scheuerman, Rachel Schumann, Sandy Xie, Carolyn Yule

International Journal on Responsibility

This special issue of the International Journal on Responsibility (IJR) advances scholarship on the various ways responsibility infuses the roles of criminal justice agents. As the inaugural issue of my tenure as Editor-in-Chief, Volume 6 deepens our understanding of responsibility in the context of the criminal justice system, thereby fulfilling IJR’s aim and scope. Specifically, the articles highlight issues of responsibility within each component of the criminal justice system: police, courts, and corrections.


Do Judges Understand Technology? How Attorneys And Advocates View Judicial Responsibility In Cyberstalking And Cyberharassment Cases, Kateryna Kaplun 2023 Johnson and Wales University, 8 Abbott Park Pl, Providence, RI 02903, USA;

Do Judges Understand Technology? How Attorneys And Advocates View Judicial Responsibility In Cyberstalking And Cyberharassment Cases, Kateryna Kaplun

International Journal on Responsibility

As new technologies emerge and are increasingly used to commit interpersonal cybercrimes like cyberstalking and cyberharassment, the legal system lags in assisting victims in obtaining justice in these types of experiences. This qualitative research study explores how attorney and advocate interviewees from Illinois, New Jersey, and New York view judges’ responsibility to the law in cyberstalking and cyberharassment cases. This study finds three themes: judges’ lack of understanding of technology and its harms, discretion, and law on the books versus law in action as important factors and frameworks that contribute to why judges do not consider the importance of technology …


Understanding Lived Experiences Of Correctional Officers' Reintegration Back Into The Work Environment Post-Assault, Claudette Duggins 2023 Liberty University

Understanding Lived Experiences Of Correctional Officers' Reintegration Back Into The Work Environment Post-Assault, Claudette Duggins

Doctoral Dissertations and Projects

The researcher explored the experiences of correctional officers assaulted by inmates, focusing on the impact of such assaults on their reintegration into the work environment. The researcher sought to understand how these experiences affect officers' attitudes, behaviors, and decision-making, which could impact the safety and security of the institution and the public. A qualitative approach using a phenomenological research design was employed to understand the lived experiences of assaulted correctional officers. Data emerged through participant interactions, capturing their personal experiences and perspectives. The qualitative method was chosen over a quantitative approach as it allowed for an in-depth understanding of the …


A Quantitative Study On The Impact Of Covid-19 On Drug Treatment Courts, Derek J. Kingsbury 2023 Liberty University

A Quantitative Study On The Impact Of Covid-19 On Drug Treatment Courts, Derek J. Kingsbury

Doctoral Dissertations and Projects

The purpose of this research study was to investigate how the COVID-19 pandemic impacted drug treatment courts (DTCs) in Pennsylvania. DTCs were created as an alternative to the traditional court system by allowing those convicted of a drug offense to receive treatment. Just as these DTCs were dealing with the opioid crisis, a new obstacle occurred in the form of the COVID-19 pandemic, forcing DTCs to adapt to the quickly evolving and changing mandates and policies implemented by the federal and local governments. The impact of the COVID-19 pandemic on these essential DTCs was examined using a therapeutic jurisprudence perspective. …


The Influence Of Prior Legal Background On Judicial Sentencing Considerations, Esther Nir, Siyu Liu 2023 Department of Criminal Justice, New Jersey City University, Jersey City, USA

The Influence Of Prior Legal Background On Judicial Sentencing Considerations, Esther Nir, Siyu Liu

International Journal on Responsibility

State court judges are influenced by a myriad of factors during criminal case processing. To study the influence of prior legal background on judicial decision-making at sentencing, we performed in-depth qualitative interviews of 39 trial court judges presiding over criminal cases in a Northeastern U.S. state. We find that judges are influenced by their former legal experiences and most judges are cognizant of this influence. While certain sentencing considerations are prioritized for almost all judges (e.g., criminal history, seriousness of the offense), prioritization and processing of many other sentencing criteria are correlated with prior legal background. Former defense attorneys tend …


Region-Specific Structural Covariates Of Homicide Rates In Latin America: State Legitimacy And Remittances, Guillermo Escano, William Alex Pridemore 2023 University at Albany, State University of New York

Region-Specific Structural Covariates Of Homicide Rates In Latin America: State Legitimacy And Remittances, Guillermo Escano, William Alex Pridemore

School of Criminal Justice Other Graduate Student Scholarship

The goal of this study was to examine region-specific structural covariates of homicide rates in Latin America and the Caribbean (LAC). LAC nations possess 8% of the global population but 33% of homicides, yet the region receives limited attention in studies of social structure and violence. Prior literature suggests two separate social forces particularly relevant to the region, state legitimacy and monetary remittances. Theory from multiple fields provides distinct pathways through which each may influence LAC violence rates, suggesting a negative legitimacy-homicide association but competing hypotheses about the remittances-homicide association. Our unit of analysis was the nation-year, and our sample …


Denied, Disrespected, Doubted, And Discarded: Women's Criminal Convictions And Experiences Of Discrimination, Brian Wyant, Holly Harner, Brian Lockwood 2023 La Salle University

Denied, Disrespected, Doubted, And Discarded: Women's Criminal Convictions And Experiences Of Discrimination, Brian Wyant, Holly Harner, Brian Lockwood

Midwest Social Sciences Journal

This study surveyed over 400 incarcerated women in a medium-maximum security prison in the United States to assess their experiences of discrimination due to their criminal conviction. Over 60% of the participants indicated they had been discriminated against due to their felon status. Binary logistic models revealed that discrimination based on prison status can occur both inside and outside of prison but varies by race and length of stay. Similarly, qualitative results showed that during and after their incarceration, these women reported being denied jobs, disrespected and viewed as incapable of changing. Some women even anticipated they would experience discrimination …


Assessing The Sustainable Development Dimensions Of Environmental Public Policies For Protected Natural Areas In Mexico: A 1970-2018 Perspective, Cielo María Ávila López, José Israel Herrera 2023 Universidad Autónoma de Campeche

Assessing The Sustainable Development Dimensions Of Environmental Public Policies For Protected Natural Areas In Mexico: A 1970-2018 Perspective, Cielo María Ávila López, José Israel Herrera

Journal of Maya Heritage

Abstract: This abstract discusses the challenges and issues related to the implementation of Environmental Public Policies (EPP) for Protected Natural Areas (PNA) in Mexico from 1970 to 2018. EPPs aim to achieve sustainable development by balancing economic, environmental, and social dimensions while reconciling conservation and the use of natural resources with restrictions on their use and economic compensation to communities. However, the results of this study reveal that the establishment of PNA has been unilateral and without consensus, leading to limitations on communities' use of the environment without granting them economic compensation or productive alternatives. This has resulted in conflicts …


An Analysis Of The Impact And Effectiveness Of Human Trafficking State Laws And Policies In Missouri And Nebraska, Madeleine Mather 2023 University of Nebraska at Omaha

An Analysis Of The Impact And Effectiveness Of Human Trafficking State Laws And Policies In Missouri And Nebraska, Madeleine Mather

Theses/Capstones/Creative Projects

Human trafficking is the use of force, fraud, or coercion to use another person for sex or labor. Human trafficking is a prevalent issue within the United States that is not talked about enough. This leads to a misrepresentation of facts about human trafficking that can lead to common myths related to human trafficking. It is each state’s responsibility to develop laws and policies that protect victims and prosecute offenders justly according to the crime. This research delves into an analysis of Missouri and Nebraska state statutes to determine their effectiveness and assess the level of awareness among residents of …


A Comparison Between A Terrorist Leader And A Lone-Wolf Operative In Bangladesh, Fatema Islam 2023 Bangladesh Police

A Comparison Between A Terrorist Leader And A Lone-Wolf Operative In Bangladesh, Fatema Islam

Journal of Terrorism Studies

The article compares the biography and terrorist portrait of two terrorists of Bangladesh: Mufti Abdul Hannan, a pioneer leader of the prominent terrorist organization Huji-B, and a lone wolf operative named Faizul Hasan. The study reveals the existence of the multifaceted dynamics of the leader (Mufti) and lone wolf (Faizul) encompassing organizational affiliation, operational independence, radicalization processes, motivations, objectives, and the scale of their operations. The study also finds that the pattern of operation of a terrorist leader (Mufti) and the lone wolf terrorist (Faizul) differed significantly in terms of planning, execution, and level of organizational support. While the terrorist …


Criminal Justice Update - December 2023, Delaney Rabenold 2023 Gettysburg College

Criminal Justice Update - December 2023, Delaney Rabenold

Criminal Justice Updates

The Criminal Justice Update is a monthly newsletter created by the Adams County Bar Foundation Fellow providing updates in criminal justice policy coming from Pennsylvania's courts and legislature as well as the US Supreme Court.

Contents:

  • Updates from PA Governor's Office (no new updates this month)

  • Updates from the PA Legislature

  • Updates from the Courts

    • U.S. Supreme Court (no updates this month)

    • PA Supreme Court (no updates this month)

    • PA Superior Court


The Legislative Impacts Of The Trafficking Victims Protection Act And The Trafficking Victims Protection Reauthorization Act Of 2017, Kathryn Thompson 2023 University at Albany, State University of New York

The Legislative Impacts Of The Trafficking Victims Protection Act And The Trafficking Victims Protection Reauthorization Act Of 2017, Kathryn Thompson

ALL - Honors Theses

In the past two decades, the issue of human trafficking has grown more prominent around the world (Mollema, 2015). According to the Polaris Project, a nonprofit organization dedicated to fighting human trafficking as well as educating the world on the dangers of human trafficking analyzed data from the Human Trafficking Hotline found that in the year 2021, there were roughly 10,359 cases of human trafficking in the United States with about 16,554 victims (Polaris Project,2022). Out of these cases, approximately 72% (7,498) of them were related to sex trafficking, with the top type of trafficking out of all cases being …


Crossover Youth: The Relationship Between Juvenile Dependency And Delinquency, Victoria Davenport 2023 Portland State University

Crossover Youth: The Relationship Between Juvenile Dependency And Delinquency, Victoria Davenport

University Honors Theses

This literature review looks at the relationship between juvenile delinquency and juvenile dependency. Specifically, it evaluates the existence of "crossover youth", minors who have been involved with both systems in their lifetime. The review considers thirteen different studies, literature reviews, and databases to determine risk factors in maltreated youth that cause them to offend. The review also looks at the impact that second-generation parents have on likelihood of offending as juveniles, as well as the importance of welfare worker perception on parental involvement with dependency agencies. Finally, the review considers potential interventions to crossover youth, determining how to assist maltreated …


The Curious Tension Between Fish And Game Conservation Officers And The Fourth Amendment, Thomas White 2023 The University of Texas Rio Grande Valley

The Curious Tension Between Fish And Game Conservation Officers And The Fourth Amendment, Thomas White

Criminal Justice Faculty Publications and Presentations

Based on principles of federalism, states as well as the federal government address the powers and duties of fish and wildlife conservation officers (hereafter referred to generally as “conservation officers”) in a variety of ways, a significant number of which appear to have Fourth Amendment ramifications. Many states require their conservation officers to have probable cause, with or without a search warrant, to engage in search activity. Since this is the standard employed for reviewing the reasonableness of the actions of ordinary law enforcement officers, these states’ legal requirements for searching hunters and anglers do not implicate Fourth Amendment concerns. …


Who Owns Children’S Dna?, Nila Bala 2023 UC Davis School of Law

Who Owns Children’S Dna?, Nila Bala

Michigan Law Review

In recent years, DNA has become increasingly easy to collect, test, and sequence, making it far more accessible to law enforcement. While legal scholars have examined this phenomenon generally, this Article examines the control and use of children’s DNA, asking who ultimately owns children’s DNA. I explore two common ways parents—currently considered “owners” of children’s DNA— might turn over children’s DNA to law enforcement: (1) “consensual” searches and (2) direct-to-consumer testing. My fundamental thesis is that parental consent is an insufficient safeguard to protect a child’s DNA from law enforcement. At present, the law leaves parents in complete control of …


Human Trafficking In The Americas: Comparison Of Original Source Compilation Versus Unodc Data, Ivette Avila Jimenez 2023 California State University - San Bernardino

Human Trafficking In The Americas: Comparison Of Original Source Compilation Versus Unodc Data, Ivette Avila Jimenez

Electronic Theses, Projects, and Dissertations

International human trafficking (IHT) is a type of criminal activity that involves groups and individuals who facilitate the global movement and exploitation of people, often by illegal means. Estimates show that, worldwide, there are over 25 million victims of human trafficking at any given time; however, estimates are prone to under and overcounting. Focusing on the Americas, this study compared the quality of two data sources that could be used to observe IHT. Country-to-country IHT networks generated from 9 years of researcher compiled governmental and non-governmental data (2008-2017) was compared with networks generated from data downloaded from the United Nations …


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