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Full-Text Articles in Social and Behavioral Sciences

The Opposite Of Punishment: Imagining A Path To Public Redemption, Paul H. Robinson, Muhammad Sarahne Jun 2019

The Opposite Of Punishment: Imagining A Path To Public Redemption, Paul H. Robinson, Muhammad Sarahne

Faculty Scholarship at Penn Law

The criminal justice system traditionally performs its public functions – condemning prohibited conduct, shaming and stigmatizing violators, promoting societal norms – through the use of negative examples: convicting and punishing violators. One could imagine, however, that the same public functions could also be performed through the use of positive examples: publicly acknowledging and celebrating offenders who have chosen a path of atonement through confession, apology, making amends, acquiescing in just punishment, and promising future law abidingness. An offender who takes this path arguably deserves official public recognition, an update of all records and databases to record the public redemption, and an exemption ...


Police Integrity Lost Podcast Episode 53: Explaining The 12.5 Years Prison Sentence For Former Minneapolis Police Officer Mohamed Noor, Philip M. Stinson Jun 2019

Police Integrity Lost Podcast Episode 53: Explaining The 12.5 Years Prison Sentence For Former Minneapolis Police Officer Mohamed Noor, Philip M. Stinson

Philip M Stinson

This episode of the Police Integrity Lost Podcast features an interview of BGSU Professor Phil Stinson by Phil Picardi of Minnesota Public Radio that originally aired on NPR's Morning Edition on June 7, 2019.


The Gendered Burdens Of Conviction And Collateral Consequences On Employment, Joni Hersch, Erin E. Meyers Jun 2019

The Gendered Burdens Of Conviction And Collateral Consequences On Employment, Joni Hersch, Erin E. Meyers

Journal of Legislation

Ex-offenders are subject to a wide range of employment restrictions that limit the ability of individuals with a criminal background to earn a living. This Article argues that women involved in the criminal justice system likely suffer a greater income-related burden from criminal conviction than do men. This disproportionate burden arises in occupations that women typically pursue, both through formal pathways, such as restrictions on occupational licensing, and through informal pathways, such as employers’ unwillingness to hire those with a criminal record. In addition, women have access to far fewer vocational programs while incarcerated. Further exacerbating this burden is that ...


Assessment Of Public Sector Service Quality: Gauging Experiences And Perceptions Of Racial Profiling, Aaron C. Rollins Jr. Jun 2019

Assessment Of Public Sector Service Quality: Gauging Experiences And Perceptions Of Racial Profiling, Aaron C. Rollins Jr.

Journal of Public Management & Social Policy

The absence of a culturally competent public sector workforce has led to increased public scrutiny and heightened levels of distrust. In the field of public safety, this is particularly important due to the sensitive nature of the task performed and the historically strained relationships that exist between racial minorities and law enforcement. Using national survey data to gauge the prevalence of citizen’s experiences and perceptions of racial profiling, this research reveals significant discrepancies amongst minorities and their white counterparts. In response, this research encourages public officials and agencies to eliminate inconsistencies in their interactions with the citizenry as a ...


Gender Based Violence In India: An Analysis Of National Level Data For Theory, Research And Prevention, Dhanya Babu Jun 2019

Gender Based Violence In India: An Analysis Of National Level Data For Theory, Research And Prevention, Dhanya Babu

Student Theses

Gender based violence is a human rights violation, both the causes and impacts of which crosses personal, societal and cultural boundaries. Various initiatives to address the problem of gender-based violence have resulted in many countries attempting to quantify the extent of such crimes. The purpose of this present study is to examine nature and extent of GBV in India for prevention policy actions. The National Crime Record Bureau (NCRB) of India publishes a consolidated list of reported crime happenings in the country every year. Recognizing gendered aspect of certain crimes, the NCRB maintains a separate chapter on incidences of crimes ...


The Treatment Of People With Mentall Illness In The Criminal Justice System: The Example Of Oneida County, New York, Alexander Black '19, Kylie Davis '18, Kenneth Gray '20, Connor O'Shea '18, Alexander Scheuer '18, Samantha Walther '18, Nico Yardas '18, Frank M. Anechiarico, Ralph Eannace, Jennifer Ambrose Jun 2019

The Treatment Of People With Mentall Illness In The Criminal Justice System: The Example Of Oneida County, New York, Alexander Black '19, Kylie Davis '18, Kenneth Gray '20, Connor O'Shea '18, Alexander Scheuer '18, Samantha Walther '18, Nico Yardas '18, Frank M. Anechiarico, Ralph Eannace, Jennifer Ambrose

Student Scholarship

This publication is two-fold: an executive summary and the report itself. The executive summary provides a general overview of the larger report, on the criminalization of the mentally ill. It begins by summarizing three case studies from the report that concern the intersection of mental health issues and the criminal justice system in Oneida County in New York State. It then provides a brief historical overview of mental health issues and the criminal justice system before going on to discuss the current best practices in addressing the criminalization of the mentally ill, including law-enforcement mechanisms, mental health courts, and reintegration ...


Texas Indian Holocaust And Survival: Mcallen Grace Brethren Church V. Salazar, Milo Colton Jun 2019

Texas Indian Holocaust And Survival: Mcallen Grace Brethren Church V. Salazar, Milo Colton

The Scholar: St. Mary's Law Review on Race and Social Justice

When the first Europeans entered the land that would one day be called Texas, they found a place that contained more Indian tribes than any other would-be American state at the time. At the turn of the twentieth century, the federal government documented that American Indians in Texas were nearly extinct, decreasing in number from 708 people in 1890 to 470 in 1900. A century later, the U.S. census recorded an explosion in the American Indian population living in Texas at 215,599 people. By 2010, that population jumped to 315,264 people.

Part One of this Article chronicles ...


Skinning The Cat: How Mandatory Psychiatric Evaluations For Animal Cruelty Offenders Can Prevent Future Violence, Ashley Kunz Jun 2019

Skinning The Cat: How Mandatory Psychiatric Evaluations For Animal Cruelty Offenders Can Prevent Future Violence, Ashley Kunz

The Scholar: St. Mary's Law Review on Race and Social Justice

In 2017, the Texas legislature amended Texas Penal Code § 42.092, which governs acts of cruelty against non-livestock animals. The statute in its current form makes torturing, killing, or seriously injuring a non-livestock animal a third degree felony, while less serious offenses carry either a state jail felony or a Class A misdemeanor charge.

While a step in the right direction, Texas law is not comprehensive in that it fails to address a significant aspect of animal cruelty offenses: mental illness. For over fifteen years, Texas Family Code § 54.0407 has required psychiatric counseling for juveniles convicted of cruelty to ...


'Race, Racism, And American Law': A Seminar From The Indigenous, Black, And Immigrant Legal Perspectives, Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills Jun 2019

'Race, Racism, And American Law': A Seminar From The Indigenous, Black, And Immigrant Legal Perspectives, Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills

The Scholar: St. Mary's Law Review on Race and Social Justice

Flagrant racism has characterized the Trump era from the onset. Beginning with the 2016 presidential campaign, Trump has inflamed long-festering racial wounds and unleashed White supremacist reaction to the nation’s first Black President, in the process destabilizing our sense of the nation’s racial progress and upending core principles of legality, equality, and justice. As law professors, we sought to rise to these challenges and prepare the next generation of lawyers to succeed in a different and more polarized future. Our shared commitment resulted in a new course, “Race, Racism, and American Law,” in which we sought to explore ...


Suffer The Little Children To Come: The Legal Rights Of Unaccompanied Alien Children Under United States Federal Court Jurisprudence, Claire Nolasco, Daniel Braaten Jun 2019

Suffer The Little Children To Come: The Legal Rights Of Unaccompanied Alien Children Under United States Federal Court Jurisprudence, Claire Nolasco, Daniel Braaten

Criminology and Criminal Justice Faculty Publications

This article analyses United States (US) federal court jurisprudence to determine the legal rights of unaccompanied alien children (UAC) in various stages of immigration enforcement proceedings. After briefly discussing statistics on UAC in the US, it explains the legal context of US laws governing unaccompanied minors. Through examining 40 cases decided by the 12 US Circuit Courts of Appeals and various federal district courts, the article specifies how these courts interpreted and expanded on the procedural legal rights of UAC upon apprehension by immigration officials, during placement or detention decisions of the Office of Refugee Resettlement (ORR), prior to voluntary ...


Jews, Not Pagans, Richard Schragger, Micah Schwartzman May 2019

Jews, Not Pagans, Richard Schragger, Micah Schwartzman

San Diego Law Review

Richard Schragger & Micah Schwartzman’s contribution to the 2019 Editors’ Symposium: Pagans and Christians in the City.


Pagans, Christians, And Student Protesters, Stanley Fish May 2019

Pagans, Christians, And Student Protesters, Stanley Fish

San Diego Law Review

Stanley Fish’s contribution to the 2019 Editors’ Symposium: Pagans and Christians in the City.


This Isn’T About You: A Comment On Smith’S Pagans And Christians In The City, Andrew Koppelman May 2019

This Isn’T About You: A Comment On Smith’S Pagans And Christians In The City, Andrew Koppelman

San Diego Law Review

Andrew Koppelman’s contribution to the 2019 Editors’ Symposium: Pagans and Christians in the City.


Christians And Pagans In The Sacred Nation, Christopher J. Eberle May 2019

Christians And Pagans In The Sacred Nation, Christopher J. Eberle

San Diego Law Review

Christopher J. Eberle’s contribution to the 2019 Editors’ Symposium: Pagans and Christians in the City.


Stop, Question, And Frisk: A Tool Of Racial Control In New York City, Justice D. Evans May 2019

Stop, Question, And Frisk: A Tool Of Racial Control In New York City, Justice D. Evans

Student Theses

Broken Windows policing through the utilization of Stop, Question, and Frisk has been widely used by the New York City Police Department (NYPD) since the 1990s, as guaranteed by landmark Supreme Court Case Terry v. Ohio (1968). As a result, hundreds of minority citizens have been the victim of routine stops for minor offenses through this aggressive police tactic. This study utilizes 2017 NYPD Stop, Question, and Frisk Data to determine whether broken windows policing, through stop, question, and frisk, operates as a mode of racial control for African Americans in New York City. Through the utilization of chi-square analyses ...


Public Authority And Private Prisons: How Private Prison Labor Contributes To National Employment Precarity, Kaitlyn Oder May 2019

Public Authority And Private Prisons: How Private Prison Labor Contributes To National Employment Precarity, Kaitlyn Oder

International Political Economy Theses

Private uses of prison labor are illegal internationally, and not without reason. A lack of public oversight and regulations of wages mean that prison labor is often exploited in exchange for increased profitability for private prisons and sometimes the private companies they contract with. This paper will explicate the ways in which private uses of prison labor contribute to wage and employment precarity and ultimately cost numerous non incarcerated low wage individuals in the United States their jobs and livelihoods. It offers potential policy solutions and paths forward for new research to better link the sociological and economic considerations of ...


Fight, Flight, And Free Will: How Knowledge Of Biopsychosocial Effects Of Trauma Influence Free Will Beliefs And Punishment For Juvenile And Adult Offenders, Rachel Lazar May 2019

Fight, Flight, And Free Will: How Knowledge Of Biopsychosocial Effects Of Trauma Influence Free Will Beliefs And Punishment For Juvenile And Adult Offenders, Rachel Lazar

Student Theses

Justifications for punishment are generally grounded in retribution or consequentialism. Retribution presupposes a belief in free will, claiming that offenders freely and rationally choose to commit a criminal act, and are therefore deserving of punishment. Consequentialism does not necessitate a reliance on free will, and views punishment as means to a valuable end. In recent years, neuroscientific research has challenged the notion of free will, providing one pathway for a public shift away from retribution and towards consequentialism. However, methods by which to instill this doubt in laypeople are still being discovered. To date, no studies have attempted to instill ...


From The Voices Of Domestic Sex Trafficking Survivors: Experiences Of Complex Trauma & Posttraumatic Growth, Heather R. Evans Dsw May 2019

From The Voices Of Domestic Sex Trafficking Survivors: Experiences Of Complex Trauma & Posttraumatic Growth, Heather R. Evans Dsw

Doctorate in Social Work (DSW) Dissertations

Human sex trafficking is an ongoing global rights violation formally recognized since 2000 through the Trafficking Victims Protection Act (Department of State Trafficking in Persons Report, 2016). Using ecological and trauma-informed lenses, this qualitative, retrospective study used participant-centered methods to explore identity, sexuality, relationships, and factors that facilitate/ hindered community reintegration for 15 adult female survivors. Interview transcripts, Photovoice captioned images, and focus groups were analyzed using multi-level conceptual and thematic coding. Participants identified with all aspects of complex trauma, including: dissociation, self-perception/identity, relations with others and systems of meaning. Key themes included losing and regaining power, shame, and ...


Reviewing The Literature On Staff Misconduct And Specific Responsivity, Ernest M. Oleksy May 2019

Reviewing The Literature On Staff Misconduct And Specific Responsivity, Ernest M. Oleksy

The Downtown Review

Incarceration is a trying time for inmates as they are punished for crimes they committed while free in society. Beyond the legitimate punishment of being imprisoned, inmates may face illegitimate punishment at the hands of prison staff, ranging from ridicule to physical and sexual violence. Apart from the obvious corruption and immorality involved in staff misconduct, such deviance can also result in a dampened responsivity to reentry programming efforts that strive to keep inmates out of prison. In this literature review, I investigate, summarize, and synthesize the corpus that is relevant to how staff misconduct can be a negative specific ...


Forensic Analysis Of Spy Applications In Android Devices, Shinelle Hutchinson, Umit Karabiyik May 2019

Forensic Analysis Of Spy Applications In Android Devices, Shinelle Hutchinson, Umit Karabiyik

Annual ADFSL Conference on Digital Forensics, Security and Law

Smartphones with Google's Android operating system are becoming more and more popular each year, and with this increased user base, comes increased opportunities to collect more of these users' private data. There have been several instances of malware being made available via the Google Play Store, which is one of the predominant means for users to download applications. One effective way of collecting users' private data is by using Android Spyware. In this paper, we conduct a forensic analysis of a malicious Android spyware application and present our findings. We also highlight what information the application accesses and what ...


Furman V. Georgia And The Supreme Court's Failure To Apply It, Callie Maslowsky May 2019

Furman V. Georgia And The Supreme Court's Failure To Apply It, Callie Maslowsky

SPICE: Student Perspectives on Institutions, Choices and Ethics

In the case of Furman v. Georgia (1972), the Supreme Court outlawed the death penalty on the grounds that its use constituted cruel and unusual punishment in violation of the Eighth Amendment. No majority opinion was written, but the plurality opinions all agreed that the amount of discretion in death penalty sentencing left too much room for the death penalty to be given arbitrarily. When the death penalty was reinstated in Gregg v. Georgia (1976), the Court approved schemes that limited the discretion of sentencing bodies by providing sentencing guidelines, automatically appealing all death penalty cases for review, or taking ...


Death Is Different. Death Sentencing Is Not., Simone Unwalla May 2019

Death Is Different. Death Sentencing Is Not., Simone Unwalla

SPICE: Student Perspectives on Institutions, Choices and Ethics

This paper investigates the conditional demands of Death-Is-Different jurisprudence in the United States criminal justice system and argues that the dissonance between the need for heightened protections in capital sentencing and the reality of our capital-sentencing institutions ultimately renders the death penalty, as it currently exists in our society, impermissible. This claim is substantiated in three parts: first, through an analysis of foundational death penalty decisions from the Supreme Course, which condemn the arbitrary nature of capital juries while simultaneously justifying their constitutional necessity as sentencing agents; second, through an examination of the development of Death-Is-Different jurisprudence and its conceptual ...


The Effect Of Lineup Size On Eyewitness Accuracy, Alyssa Baumann May 2019

The Effect Of Lineup Size On Eyewitness Accuracy, Alyssa Baumann

Augsburg Honors Review

The research investigated the impact of the number of members in a police lineup on eyewitness identification. Participants attempted to identify the perpetrator from either a sequential or simultaneous lineup. The number of members in the lineup differed between 6 members and 12 members, simultaneous or sequential lineup presentation, and target-present or target-absent. In the target-present condition, the research was concerned with correct identifications. Thus, the 6 member simultaneous lineup should yield the most correct identifications. The 12 member simultaneous lineup should yield the second highest. The 6 and 12 member sequential lineup presentation should yield fewer correct identifications because ...


Police Integrity Lost Podcast Episode 52: Race, Racism And The Murder Conviction Of Minneapolis Police Officer Mohamed Noor, Philip M. Stinson May 2019

Police Integrity Lost Podcast Episode 52: Race, Racism And The Murder Conviction Of Minneapolis Police Officer Mohamed Noor, Philip M. Stinson

Philip M Stinson

This episode of the Police Integrity Lost Podcast features an interview of Professor Phil Stinson by Damien Carrick that originally aired in Australia on the ABC Radio National show The Law Report on May 7, 2019.


Dismantling Structural Inequality: Lock Ups, Systemic Chokeholds, And Race-Based Policing - A Symposium Summary, Cedric Merlin Powell, Laura R. Mcneal May 2019

Dismantling Structural Inequality: Lock Ups, Systemic Chokeholds, And Race-Based Policing - A Symposium Summary, Cedric Merlin Powell, Laura R. Mcneal

Laura R. McNeal

The prominence of the carceral state in American society serves to undermine basic principles of democracy and justice, disproportionately displacing people of color and excluding them from all viable avenues of citizenship.


The Antebellum Development Of The Penitentiary Debate In South Carolina, Florence Gregorie Sloan May 2019

The Antebellum Development Of The Penitentiary Debate In South Carolina, Florence Gregorie Sloan

Student Scholarship

The early 19th century was marked by reform movements aimed at alleviating poverty, reducing crime, decreasing illiteracy, and providing better care for the mentally ill. In the United States, as in Europe, the debate over prison reform arose from the growing public fear that the stability of social institutions and values was crumbling, especially because lawlessness abounded across the country in the Jacksonian era.[1] Reformers sought a way to save and preserve the established social order, and reformers found their cure-all solution in the establishment of penitentiaries, which were institutions that sought to transform the criminal into an ...


Examining Witness Testimony In Domestic Homicides, Hana Chae May 2019

Examining Witness Testimony In Domestic Homicides, Hana Chae

Student Theses

The present study investigated the effects of varying witness testimony on mock jurors’ perceptions of a case where a woman utilizes self-defense as a reason for killing her husband during a domestic dispute. A 3 (expert witness) x 3 (child witness) design was used to examine the effects of two different forms of expert testimony (Battered Woman Syndrome [BWS] & Social Agency [SA]) and its interaction with presence of child witness [age 5 & age 8]. Jury eligible participants (N = 245) were recruited from Amazon Mechanical Turk (MTurk). It was hypothesized that the presence of an expert witness would positively impact jurors ...


A Rhetorical Analysis Of Opening Statements In Trial: Reconsidering The Classical Canon Of Invention, Andrew Chandler May 2019

A Rhetorical Analysis Of Opening Statements In Trial: Reconsidering The Classical Canon Of Invention, Andrew Chandler

Undergraduate Theses

This analysis of 21 opening statements probes at current persuasive practices employed by trial attorneys through the lens of mainstream legal advice and an expanded definition of rhetorical invention – one which includes both discovery and creation. An evaluation of such practice reveals the utility, and furthermore the duty of the advocate, to draw upon an expanded realm of available arguments.


Evaluating The Educational Impact Of Ballot Measure 11 Workshops & Youths’ Perceptions Of Justice, Ginger Ruddell May 2019

Evaluating The Educational Impact Of Ballot Measure 11 Workshops & Youths’ Perceptions Of Justice, Ginger Ruddell

Student Research Symposium

In 1994 the State of Oregon passed Ballot Measure 11, which allows for the mandatory minimum sentencing for several types of felonies. This measure also allows for juveniles as young as 15 to be subjected to this mandatory sentencing. Due to the severity of this measure, several youth agencies throughout the state of Oregon became concerned about the consequences of mandatory sentencing on youth, and decided to create educational workshops to allow more awareness of Ballot Measure 11 sentencing. Portland Opportunities Industrialization Center (POIC), is the front runner for this workshop. Their goals are to educate/raise awareness, prevent contact ...


An Extended Laplace Approximation Method For Bayesian Inference Of Self-Exciting Spatial-Temporal Models Of Count Data, Nicholas J. Clark, Philip M. Dixon May 2019

An Extended Laplace Approximation Method For Bayesian Inference Of Self-Exciting Spatial-Temporal Models Of Count Data, Nicholas J. Clark, Philip M. Dixon

Philip Dixon

Self-Exciting models are statistical models of count data where the probability of an event occurring is infl d by the history of the process. In particular, self-exciting spatio-temporal models allow for spatial dependence as well as temporal self-excitation. For large spatial or temporal regions, however, the model leads to an intractable likeli- hood. An increasingly common method for dealing with large spatio-temporal models is by using Laplace approximations (LA). This method is convenient as it can easily be applied and is quickly implemented. However, as we will demonstrate in this manuscript, when applied to self-exciting Poisson spatial-temporal models, Laplace Approximations ...