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Punishment and the law it represents are considered to be sacred in the US. Current understandings of punishment rely on traditional notions of benevolent paternalism which has come to represent hegemonic ideology. By using privatization as a launching point, this paper is meant to address punishment in the United States as a profit-making system. By viewing alienation and anomie as foundation for the existence of the criminal justice apparatus this work is meant to challenge boundaries used by many scholars as ways to understand the growth of the prison industrial complex. By beginning our understanding of punishment at the end of feudalism and serfdom, this paper highlights that at each state in its grotesque development, the criminal justice system has never truly been about justice; but instead a way to exploit labor, create anomie and alienation, while embodying the logic of capital. This has resulted in a monstrous machine presenting itself as sanctified. [ABSTRACT FROM AUTHOR]

Police culture scholarship documents that though there is fragmentation of the so-called "monolithic" police culture, historically consistent features of the occupational culture of police exist. Drawing on ethnographic observations in three U.S. police departments, this paper describes how one consistent feature of police culture--the preoccupation with danger and potential death--is maintained by the commemoration of officers killed in the line of duty. The use of commemorative cultural artifacts by officers and departments contributes to an organizational memory that locally reflects and reifies the salience of danger and potential death in policing. Further, commemoration of dead officers is not restricted to a department's own; the dead of other departments are commemorated by independent police organizations and their officers, maintaining occupational assumptions of dangerous and deadly police work that transcend a single department and its organizational memory. Implications for the study of police culture and police reform efforts are considered. [ABSTRACT FROM AUTHOR]

This paper is theoretical in nature and applies two of the leading theories of social justice to criminal justice practice in the United States. The author applies the theories of John Rawls (Justice as Fairness, 2003) and David Miller (Principles of Social Justice, 2003) to the criminal law, policing, judicial processes, and correctional punishment in order to identify sources of injustice. The paper concludes with suggestions for reform aimed at making criminal justice practice more consistent with social justice. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

The majority of police departments today in the United States and Canada claim to "do" community policing on some level. Community policing has become central in the manner police agencies define and promote themselves. The purpose of this paper is to first examine the apparent promotion and centrality of "community policing" in two large urban police departments (one in the U.S. and one in Canada). The second part of the paper examines the gendered experiences that female officers encounter, and critically explores the possibility of using Community Policing initiatives as feminist tools to encourage social and structural changes within the occupational culture of policing which continues to reflect, for the most part, the traditional, paramilitarisic, crime control model that does not support gendered justice goals. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Police institutions tend to be among the most secretive and least accountable of all organizations. When pressed for accountability or sued over malfeasance, they are notorious for skilful evasiveness. To admit error is akin to public humiliation. Police institutions disdain criticism of any kind, especially when the criticism is brought by women. In order to protect itself, police forces will use any step outside the law and use any means available to cage the voices of criticism. This paper will examine the arrest and prosecution of women who sue the police. It will use three major cases--two in Japan and one in the USA--of women being charged with murder after filing suits against the police in open courts. This paper will make the disturbing conclusion that women who sue the police, both in the USA and most certainly in Japan, put themselves in danger of vengeful arrest. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Patricia Yancey Martin, Ph. D., Sociology, Florida State UniversityOrganizations, Social Justice and Rape WorkThis paper shows how organizational and community conditions prompt police officers, nurses and physicians, prosecutors, defense attorneys, and judges to treat rape victims unresponsively in the course of doing rape work. (Rape work is labor performed by organizational representatives that entails helping victims, examining victims, testing victims, collecting evidence, arresting rapists, investigating cases, counseling victims, training, moving victims through community health, legal, and social service systems, teaching about rape, and so on.) Despite "knowing better" and despite personally feeling empathy and concern for victims, mainstream rape workers (professionals who process victims after they report being raped) routinely treat victims harshly in doing their jobs. This paper identifies the situations, conditions and processes that prompt, and often require, such insensitive and at times harmful behavior toward victims. Using data from 130 Florida organizations (and over 200 informants), plus observations of rape trials and statewide and national data, I explore how the work context encourages legal system workers to prioritize the role of rape victims as witnesses over their role as victims and prompts medical professionals to resist rape exams due to fears of legal entanglement and a perception that rape victims are not true patients. "Good people do bad things" when their jobs and work conditions orient them to. At the end, I identify avenues for positive change to improve the quality of treatment rape victims receive. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Occupational stress is inherent in positions like policing, because of the experiences and situations on the job. However, in addition to these situational stressors, other variables can affect an officers perception of stress. In addition, however, every individual officer, by definition, works for a particular police department, and organizational factors of that department also affect individual officers' stress levels. Previous literature has already shown that occupational stress differs for officers depending upon their race. This paper seeks to further the literature by measuring whether occupational stress for police officers differ depending more upon the individual race of the officer (level 1) or the racial makeup of the police department for which these officers work (level 2). In addition, this paper will explore whether other both individual level variables, (education, experience in law enforcement, gender, and in-group/out-group status), as well as agency level variables (state, number of officers in the agency, and city/county) affect the officers' perception of occupational stress. Preliminary results show that stress differs between agencies for Hispanic officers, but not for Black or White officers, but stress differs within agencies for all three races. This finding is important considering the fact that many studies have dichotomized race as White and Other, and emphasizing the importance of breaking out these races in studies further than just this dichotomy. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

My paper compares the Chicago Tribune's reporting of rituals surrounding executions in two periods: 1850-1900 and 1950-2000. I focus on the role of the condemned in establishing or contesting the meaning of the execution. I argue that both periods witness a struggle over the meaning of the execution. While the depiction of the condemned is always at the heart of those struggles, the condemned himself plays a different role in the two periods. In the first period the accounts of the execution ritual focused on the spiritual transformation the condemned was said to undergo in the days leading up to the execution. In contrast, the later accounts fail to present one coherent meaning for the execution. Rather, the struggle over the meaning of the execution intensified in this period and the condemned himself was given much greater latitude by the papers to present his own interpretation of this meaning. Moreover, instead of having a religious focus, the Tribune's portrayals of the ritual during the second period emphasize the legal struggles that occurred prior to the execution. This shift in focus indicates the changing meanings of and justifications for capital punishment in the two periods studied. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Within the last twenty years, community policing and COMPSTAT have appeared as two powerful engines of police reform. Community policing, a term associated with a broad range of priorities, organizational changes, and activities, has promised a host of benefits. These include more effective crime control, better police-community relations, and more responsive problem solving. COMPSTAT, an innovation in police organization that combines clearly defined management principles with cutting-edge crime analysis and geographic information systems technology, promises to focus like a laser on just reducing crime. Prior research has suggested that both innovations diffused rapidly, and that many police organizations are trying to pursue both simultaneously. In spite of the popularity of these programs among police and policy makers, there is virtually no systematic research on how these reforms work together. Using data collected through field observations, interviews, and focus groups at seven U.S. police departments that have fully implemented COMPSTAT and community policing, this paper provides an in-depth examination of the challenges and opportunities of implementing these reforms simultaneously. Its focus is on the lessons learned from those who "have been there," including some plausible approaches for reconciling the problems that have arisen. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

This paper reports on an analysis of 362 homicide investigations from a two-year period in Phoenix, Arizona. The analysis was part of an evaluation conducted by the author of a grant awarded to the Phoenix Police Department by the Bureau of Justice Assistance to improve homicide investigations. The evaluation was supported by the National Institute of Justice. Information was obtained on each homicide investigation starting from the initial crime scene to final disposition. Data for the cases were obtained by reading the original incident report, supplemental investigative reports, forensic analysis reports, and prosecutorial outcomes. The evaluation included an analysis of evidence collected at all primary and secondary scenes. Quantitative analyses were conducted on factors differentiating open and closed cases, and on the elapsed time from incident to arrest. A qualitative part of the study was an expansion of work of other researchers on whodunits and self-solving cases to include a third category of quick action arrests. Information was also obtained on the final prosecutorial outcome of 103 arrests made as a result of investigations. The role of forensic evidence in investigations and prosecution was examined as part of the study. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

This paper offers a content analysis of electronic news reports of parricide cases occurring in the United States. An extensive search of online databases identified 150 unique cases of children killing parents reported in the news media. Data pertaining to incidents, case-related variables (e.g., weapons used, other charges) and the processing of offenders from the initial charge through conviction and sentencing are examined in this article. To the extent possible, media accounts are used to classify cases according to motive and Heide's three types of parricide offenders (severely abused, severely mentally ill, and dangerously antisocial). The accuracy of online coverage of U.S. parricide incidents is assessed using two types of resources: officially reported national statistics on known parricidal incidents and the psychological/psychiatric literature on matricide and patricide. Comparisons of news accounts of media-reported U.S. parricide cases with Supplementary Homicide Report data indicated, as predicted by media and crime experts, that electronic media coverage of parricide cases focused on the more sensational, horrifying, and unusual parricides, namely those incidents involving multiple victims, multiple offenders, juvenile offenders, and female killers. Analyses of these media accounts by offender age found 13 significant differences between juvenile and adult parricide offenders. Ten of these 13 differences related to motive and Heide's parricide offender types and were consistent with the mental health related literature in this area. The limitations and directions for future research are discussed at length. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

This paper compares two different sources of national homicide estimates, the National Center for Health Statistics' National Vital Statistics System and Federal Bureau of Investigation's Supplementary Homicide Reports. As more and more research is conducted on homicides at the city-level it important to understand the intricacies of publicly available data. Empirical comparisons are conducted at the city-level for these two sources of homicide data. Exact matches for homicide estimates between the NVSS and SHR occurred in less than 5% of the cases. In more than 70% of sample cases, the NVSS reported more homicides than the SHR. When city population was taken into account in the calculation of homicide rates, large differences were found among smaller cities, while rate differences for larger cities were minimal. Differences in homicide estimates between the NVSS and SHR are due to the definition of homicides, reporting practices, and identification of the location of homicides. The determination of location of homicides for cities is an issue with NVSS data, and subsequent analyses determined the magnitude of this problem. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

The standard account of the history of corrections and punishment, as reflected in most corrections textbooks, skips haphazardly across cultures and centuries, often mentioning Hammurabi, Draco and Jeremy Bentham in rapid succession. Such an account is both ahistorical and atheoretical. In this paper I argue that Norbert Elias's (2000) concept of the civilizing process offers a theoretical framework for understanding the development of modern correctional theory and practice. In particular, the civilizing process offers a useful framework for understanding the diminishing American usage of the death penalty since the 1930s. Elias's theory, which he began developing in 1939, is a forerunner of social construction theory, and I conclude by considering the utility of the social constructionist framework for understanding both the past and present functioning of the correctional system. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Several highly publicized child abduction murders have created a wave of public panic over the safety of America's children. Child abduction murders have influenced our laws and formed the rationale for many policies and procedures in social services and law enforcement. Even though the incidences of these occurrences are rare, their impact has a disproportionately large influence on society. The public outcry over concern for the safety of America's children resulted in inflated and unsubstantiated numbers of missing children. To compound the tragedy, child abduction murders are incredibly difficult to solve and deeply impact the law enforcement officials involved in the investigation. The historical background of child abduction murders, the social implications of these crimes, their impact on public policy, and their impact on investigators are all important factors in understanding the impact of the victimization of child abduction murders. This paper will review the historical impact of child abduction murders on American laws and public policy and other social implications of the victimization of children by child abduction murderers as well as present empirical evidence on the incidence of child abduction murders. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Nearly Fifteen years have passed since the US Supreme Court in RAV v. City of St. Paul 112 S. Ct. 2538 (1992) struck down the Minnesota hate crime ordinance that sought to proscribe the use of historical symbols of hate on grounds that such symbols violated victim's constitutional rights protected by the Equal Protection Clause of the Fourteenth Amendment. Although the Court remedied some of the problem by affirming penalty enhancing statutes for hate conduct, it ignored the importance of assessing the unique and deleterious consequences of hate crime victimization as a compelling governmental interest worthy of equal protection consideration. This paper illuminates the severity of hate crime consequences and the messages from hate offenders to both direct and vicarious victims. Hate crime victimizations are unlike other victim perpetrated crimes in that the injuries are significantly more brutal and secondary effects of victimizations cause ripple effects that divide our communities. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Financial exploitation is one of the most common forms of elder abuse, which has become more widely recognized as life spans increase and the U.S. population continues to age. It may co-occur or exist as a prelude to physical abuse. Financial crimes against the elderly, however, are not widely reported due to family embarrassment and/or lack of social awareness. Even when the crimes are reported, law enforcement officials are unfamiliar with how to investigate and prosecute these specialized cases, and arrests and prosecutions are rare. This paper provides a practical manual for law enforcement and prosecutors to identify, investigate, and successfully prosecute cases of financial exploitation against the elderly. The investigation and prosecution of crimes involving financial exploitation against the elderly are like the prosecution of most larceny cases or other crimes. Solid investigation makes the case. The difference is that financial exploitation are crimes of opportunity and the victims are very vulnerable. Coordination between law enforcement, prosecutors, relatives and APS is essential. Alternatives to criminal prosecution include civil recovery by parties in interest, APS intervention and preventative activity which protects society's most vulnerable victims. Often small cases are really the tip pf the iceberg. Police, prosecutors and members of the community should be trained to recognize, report, investigate, and prosecute cases involving financial exploitation of the elderly. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

A fairly persistent finding in the sentencing literature is that female defendants are treated more leniently than male defendants; however some research has shown that there are no differences. Spohn (2002) reports that the odds of receiving a prison sentence are 2.5 times greater for male defendants than for female defendants after controlling for legally relevant factors. Similarly, research by Steffensmeier et al. (1993) indicates that gender, net of other factors, has a small effect on the likelihood of imprisonment with female defendants less likely to receive an incarcerative sentence than male defendants. But, they find that gender has a negligible effect on sentence length outcomes. The present study examines whether a gender gap exists in the sentencing of defendants in U.S. Federal Courts, and whether certain factors explain outcomes similarly for men and women. The data for the present study comes from the 2003 Monitoring of Federal Criminal Sentences compiled by the United States Sentencing Commission. The detailed defendant information in this dataset includes both legal (criminal history, offense type) and extralegal (gender, race/ethnicity, age) characteristics for each individual that are not often available in state court datasets. The large dataset also provides sufficient numbers of cases to perform a rigorous analysis of all defendant subgroups. The primary research focus of this paper, as well as future research, is whether criminal sentences differ on the basis of gender, under what conditions a gender gap emerges, and whether there are specific factors that would explain the gender gap in sentencing. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

This paper will report on a recently funded National Academies study on the "Technical and Privacy Dimensions of Information for Terrorism Prevention and Other National Goals. This two year study is being funded by the Department of Homeland Security and the National Science Foundation and will address the specific information needs of the government as it faces the challenges of terrorism prevention and threats to public health and safety. It will examine the government's deployment of various forms of technology for broad access to date and the privacy issues such deployment presents. It will also examine the impact of these technologies on the ability of the Federal statistical agencies to collect accurate date from the public. The paper will present information from two workshops held in 2006 to inform the study committee. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

This paper reviews contributions to evidence-based programming that were supported mainly by the Office of Juvenile Justice & Delinquency Prevention. These include Blueprints for Violence Prevention, evidence-based practice guidelines based on Lipsey's meta-analyses, the Gottfredson's best practices in school-based delinquency programs, and the Helping America's Youth database. The strengths of each of these approaches will be discussed. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

This paper examines the origin, development, operation and impact of the American criminal justice system -focusing upon the treatment of free blacks and slaves-from the writing of the Constitution in 1787 through the end of the Civil War. An analysis of primary and secondary data sources reveals that law enforcement agencies, courts and correctional institutions were radically transformed during this period. However, African American men, women and children were subjected to racially biased versions of justice that were aimed at keeping them in their "proper place" in the economic, political, social, cultural and legal order. In fact, four separate versions of racial and gender-based social control emerged: separate criminal (in)justice systems for white males, white females, black males, black females. Collectively considered, the Constitution, Bill of Rights and emerging legal and criminal justice institutions were structured to serve the vested interests of powerful interest groups-a trend which continued, unabated, into the twentieth century and shapes racial (in)justice to this day. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Much ink has been spilled over the question of "how" and to "what" extent the judiciary of the United States should exercise deference to the political branches in times of war and national security crisis. Scholars have debated whether the judiciary has the institutional ability to decide if national security measures are necessary or if such measures meet the actual national security threat. This paper will address these issues from a different perspective: Is national security any business of the judiciary in the first place? Hamilton described the Judicial Department as the least dangerous branch because it neither controls the sword or the purse. Madison designed a constitutional system in which the Constitution would be the Supreme Law of the Land. With the Constitution as the pantheon of all laws and actions under our system of government, the Supreme Court has developed into the final arbiter of "what" the Supreme Law of the Land allows the three branches of government to do both in peace and war. This paper will argue why the Madisonian and Hamiltonian models as well as history give the judiciary a determinative role in times of war and national crisis. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Because the Eighth Amendment of the Constitution prohibits states from executing prisoners who are insane, the issue of "synthetic sanity" is controversial, especially when it comes to punishing "insane" criminals on death row. This paper explores to what extent "synthetic sanity" can be given a legal purport in the light of the fact that psychotropic drugs do not cure mental illness but rather provide only a temporary relief from the ailment. This paper also takes up the more contentious subject of whether or not it is legally and ethically permissible to medicate a patient in order to attain "synthetic sanity" so as to make him or her competent to be executed. In addition, this paper will explore the ethical dilemmas of the medical community in addressing this topic and the problem of "forced medication" and the criteria to judge competency. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Today, we have an exciting and timely moment to examine and consider the role and impact of civic participation as decision makers in legal system. Many countries in the world are currently considering a possible introduction of popular participatory systems in making legal decisions, such as juries, mixed tribunals, and/or lay assessor's courts. In Japan, for example, there is an important introduction of the Saiban-in seido in 2009, and South Korea's experiment with a jury trial also begins from 2007. Legal reformers in Taiwan and Thailand are also exploring the possibility of introducing citizen juries. This paper then specifically focuses on cross-national analyses of the civic legal participation in Japan and the U.S. In order to examine whether popular civic participation is effective to democratize the criminal process and to build broader public confidence in the system of justice, individuals who have participated in a civic legal decision making process were contacted and interviewed in both Japan and the U.S. Japan has the law of the inquest of prosecution to publicly examine prosecutorial charging decisions, and it is periodically done by the prosecutorial review commission (PRC) composed of a group of randomly chosen citizens from the local community. Its purpose is similar to that of America's civil grand jury, which has the authority to examine and inspect the proper functioning of local public offices including DA's office. While PRC decisions historically had no legally binding authority, the 2002 legal reform gave the PRC the legally binding power to initiate changes in prosecutorial decision-making. Similar to the experience of serving in civil grand juries, it has been reported that the civic legal participation in the review board has also led to an increasing awareness of the importance of their participation and the confidence in the system of government. Our paper presents a number of important findings from the cross-national data collected in Japan and the U.S. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Scholars have compared the current practice of detaining enemy combatants in U.S. military custody with that of confining enemy prisoners within the United States during World War II. Another comparison could be drawn from the experience of the American Civil War. Northern public opinion of rebel prisoners druing the Civil War provides abundant parallels with contemporary perceptions of detainees kept at Guantanamo Bay Navy Base prison. The purpose of this paper is to explore how war psychology and war-time propaganda combined to provide a distorted view of Confederate prisoners held in northern U.S. military prisons. After first describing the prevailing historical image of Civil War era prisoners, the paper assesses exigent sources of relevant evidence and finds that much historical data contradicts the picture that conventional research has drawn. The paper concludes with an illustrative case-study of Confederate prisoners confined in one northern state. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

This paper examines the "system of vices" - gambling, prostitution, drugs, drinking and tobacco - with attention to why certain vices are controlled far more strictly that others. Current vice regimes in the United States, with low prices and high availability of alcohol, gambling and cigarettes but punitive policies toward drugs and to a lesser degree sex crimes, are unusual both in historical perspective and compared to other contemporary developed countries. The analysis considers vice as a field (Bordieu ) or a system (Abbott 1988), rather than an independent behaviors unrelated to each other. Using historical records and contemporary comparison, the paper describes the constitution of the system of vices and the dynamics of change over the past 100 years. The analysis examines both the legal control of the vices and the position of the vices in popular discourses of social problems and reform. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

This paper focuses on capital punishment in China over the last 30 years. The paper first describes recent trends in offenses punishable by death, execution number, and execution method. Second, the paper attempts to analyze the causes of China's death penalty policy, in part by comparing it with death penalty policy and practice in Japan and the United States. Third, this paper explores China's recent efforts to reform capital punishment in the face of criticism from within the country and from abroad. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

This paper examines the utility of using official law enforcement data on human trafficking incidents to measure and understand the prevalence and patterns of human trafficking in the United States. There are numerous methodological challenges to conducting research on human trafficking. Simply identifying victims of trafficking is problematic due to language barriers, trauma, the covert nature of trafficking operations, and lack of attention from various public officials such as the police. The majority of research on trafficking to date measures victimization based on formal and informal accounts from victims or advocates. Building on previous research around police recognition and reprioritization of new types of crimes (e.g., domestic violence, stalking, bias-motivated crime), new research is attempting to understand the challenges for local police in identifying, reporting and investigating human trafficking incidents. As part of a larger project examining the quantity and quality of current law enforcement responses to trafficking across the United States, this paper discusses the challenges of estimating the magnitude and patterns of both domestic and international trafficking in persons for both commercial sex work and labor based on official police data. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

The Supreme Court's Booker/Fanfan decision on January 12, 2005 had a profound effect on federal sentencing, as it changed the federal sentencing guidelines from mandatory to advisory. The United States Sentencing Commission released a report detailing the federal court's response to the United States v Booker decision in March of 2006. One of the findings of the report was the differing effects the decision had on each of the 12 circuits. This paper will go deeper in the analysis of circuit differences by investigating the differences on a multivariate level. The paper will investigate whether there are differences pre-and post-Booker on the length of sentences, the decision to depart from the sentencing guidelines and whether there is an increased effect of any demographic factors in each of the circuits. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Over the past few decades, DMC has been a persistent problem for both the Black (and other communities of color) and the criminal justice system. Restorative justice based in a culturally specific framework, Afrocentric theory, could be used to address this issue. This paper explores this approach and critically examines underlying principles needed to address previously unaddressed issues in disproportionate confinement with DMC. The paper argues that this approach could not only deal with this specific issue, but could be used to strengthen communities of color. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Recent decades witnessed a growing commitment among local police agencies and communities throughout the United States to community-oriented policing. However, heightened public fear and government policies implemented following the events of September 11, 2001, placed new pressures on law enforcement. National directives aimed at increasing collaboration between federal and local law enforcement agencies have led to enhanced working relationships and the development of interagency initiatives and working groups. At the same time, new policies and concerns changed the landscape in which Arab American communities, in particular, found themselves. This paper explores findings from a National Institute of Justice funded study which examined the relationship between police departments and Arab American communities in local law enforcement jurisdictions throughout the country. The paper attempts to answer questions concerning changes in law enforcement's role with intelligence-gathering and the enforcement of immigration violations since September 11. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Since the emergence of juvenile courts, the education of incarcerated youth has historically been neglected. The enactment of No Child Left Behind (NCLB) in 2002 attempts to reform education for incarcerated youth. NCLB mandates that juvenile justice schools meet numerous accountability and evaluation requirements. Given the history of previous juvenile justice reforms, it can be expected that states will experience various impediments as they attempt to implement NCLB. This paper reports results from a national survey of each state's juvenile justice education system as related to the mandates and provisions of NCLB and data from the national juvenile residential census. The survey and census results are used to develop a typology of administrative, accountability, and evaluation practices juvenile justice education. The paper concludes with the identification of common implementation impediments and strategies that various groups of states may consider in their efforts to successfully implement NCLB. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Despite the popular common law image of a jury trial, most criminal cases in the UK, as in the US, appear to be resolved by means of plea bargaining. Although perennially controversial, plea bargaining is suddenly gaining acceptance in Britain and also, more recently, in France. This paper explores how plea bargaining arose in the context of the highly discretionary practices of prosecution and the criminal process. The paper explores Lord Woolf's recent proposals that would, for the first time, formally embrace plea bargaining in England. Traditionally, it has been officially denied in England that plea bargaining occurs. What were called the Turner Rules specifically prohibited a judge from revealing to a defendant the terms on offer in exchange for a guilty plea. Yet, reputable scholarship has established that over 90 percent of all cases in the magistrates courts and approximately two-third of all cases in the higher Crown Court were resolved through a guilty plea or a finding of guilty upon failure of the defendant to appear in court. Drawing on the author's own original research into how plea bargaining originated and then changed in response to new social contexts, the author considers why plea bargaining may be gaining greater acceptance in Britain now. It considers how the practice has interplayed historically with politics, the role of the judiciary and differing approaches to sentencing. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

The issue of whether offenders display "intermittency" (or temporarily desist) in their criminal careers has important implications for the study of criminal offending, especially in terms of recidivism, desistance, career length, and offending across age, and for theory and public policy as well. However, the empirical study of the "intermittency" in offending careers is still in its infancy and much remains to be investigated in the nature of intermittency across age. In this paper, we examine how intermittency is exhibited across the early adulthood lifecourse of serious offenders, and specifically examine whether the nature of the exhibited intermittency is dependent on offense type (e.g., property, violent, drug). The data used in the paper consist of a random sample of offenders released from the California Youth Authority in 1981-82 that were followed into their late thirties. Methodologically, we use a "repeatable events" survival model to model the durations between successive arrests and control for both death and time incarcerated in prison. The results of the study are interpreted in terms of their implications for theory, public policy, and future research needs. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

This paper uses a Race/Class/Gender intersectional framework to understand crime and justice in the U.S. It argues that we must go beyond single variable issues and look at a more complex race/class/gender intersectional analysis to understand the implications of felony disenfranchisement in the U.S. today. We know 13 percent of Black men are disenfranchised because of felony convictions, a rate 7 times the national average. This is both of great importance and a major societal tragedy. However, it is inadequate by itself. This research proposes the development of two basic arguments: (1) a much more complex picture emerges when we look at the intersection of race, class, and gender and its impacts on felony disenfranchisement for men and women in poor and minority communities and (2) felony disenfranchisement laws impact not just the rights of individual Black (and Latino) men (and women) who are or were imprisoned, but entire communities—with very serious affects for women, children and men. The paper first talks about an intersectional framework, then how this is important for understanding the way in which prisoners and many ex-prisoners cannot vote in the U.S. This is connected with how the U.S. Census counts prisoners, the Prison Industrial Complex, the loss of political clout in the prisoners’ home communities, and the vote. How women and children are affected, as well as the prisoner or ex-prisoner him/herself, will be dealt with explicitly. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

A new law regarding mail order brides requires American men to provide an extensive personal history, including criminal records and domestic violence reports, prior to communication with future brides. The law was designed to protect immigrant women following the abuse and murders of a few foreign female wives. Some argue that this law violates the men's free speech and privacy rights. However, others believe that businesses can regulate who uses their services and have a duty to screen applicants to protect their clients. Domestic violence involving these women is also a criminal issue, and therefore, the criminal justice system may also have a duty to protect these foreign women, just as they do American abuse victims. This paper will address the constitutionality of this law using precedent from cases on free speech and privacy issues. Next, the paper will address policy implications in which the business can be held liable for negligently allowing abusive men to obtain a wife. Additionally, the criminal justice system needs to determine a constitutional method for guarding these foreign spouses from abuse. Finally, the paper will offer policy suggestions that protect the men's constitutional rights while providing safeguards for the brides and the marriage brokers. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Much debate centers around disparate rates of incarceration, as well as reasons why people commit crime in America. Rusche & Kirchheimer (1939) propose that incarceration rates rise with unemployment due to potential threat to social order from the unemployed. Using a constructionist argument, Garland (1990) claims that punishment is the product of social structure and cultural values and thus whom we "choose" to punish, how we punish, and when we punish are determined by a dominant American ideology that reproduces and maintains a system of inequality.Most studies using Rusche & Kirchheimer (R&K) focus on state and federal level data because disaggregated data focusing on gender and race-specific linkages on sentencing and incarceration is limited. These studies often yield inconsistent results. The aim of this paper is to move the debate from the state/federal level to the local level, as most arrests are made by local law enforcement and local economies of scale influence the employment sector. If research finds strong support for the R&K hypothesis at the local level, then Garland's constructionist argument becomes considerably weakened.This study utilizes county-level data from the Annual Survey of Jails to test the influence of local economy factors on sentencing outcomes in punishment, holding constant legal factors. Preliminary analysis will determine general trends, providing a basis for multi-level analysis at the next phase of research. Disaggregating local influences on sentencing by race and gender will provide another tool for analyzing potentially discriminatory practices as few studies disaggregate data based on race and fewer provide a gendered analysis focusing on women and imprisonment, which might yield considerably different results. The aim of this paper will be to capture the intersectionality of race, gender and class as it relates to employment and punishment. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

The reality that one's teaching should somehow "fit" the mission of a church related institution is readily apparent during the recruitment process. At some point the applicant will be asked how his/her teaching and scholarship contributes to the university's mission. Individuals who do not share the same religious affiliation as the school may find this an intimidating task. This paper examines what this question really means to a criminologist seeking employment at a Catholic University. By providing a brief overview of the major themes of Catholic Social Teaching and the U.S. Bishops Statement on Crime and Punishment, this paper illustrates striking similarities in how members of academic communities and religious institutions explain crime, and their approaches to crime reduction. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

This paper, based upon forty-five in-depth interviews, presents the ways in which Asian Americans relate to racial violence as direct and indirect victims of hate crime, and offers a perspective on hate crime centered upon these experiences. Although the problem of hate crime is often studied through official data, these narratives reveal that the harm of hate crime is impossible to capture through official statistics. This paper, therefore, focuses on 1) the spectrum of reported racial violence against Asian Americans, 2) the impact of stigmatization on Asian Americans as members of the racialized "other," and 3) how these narratives demonstrate the terror of hate crime against targeted populations. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

This paper examines the relationship between gender and global border crossings, with a particular focus on the U.S. and Spain, two key destinations for today's global border crossers. First, it explores the dynamic global forces that have resulted in the global migration of women to these developed nations. Second, this paper argues that border crossing today in both sites is highly gendered. In Spain and the U.S., like in most developed countries, some (mostly male) bodies construct and enforce borders, while other (mostly female) bodies are subject to border enforcement. The implications of this gendered relation will be examined in detail. Third, this paper explores the extent to which actual border performances can challenge state defined borders. Importantly, although borders are choreographed via laws and policies, these policies have little meaning until they are "performed" by state agents and ordinary people. Thus, whether borders actually matter depends upon the extent to which borders are contested terrain; in this sense all borders are relationally constructed through everyday human interactions. Today citizenship rights in wealthy countries often depend on the kindness of individual decision makers, such as doctors, educators or police officers, who can elect whether to aid or oppress border crossers. Drawing on research in the U.S., and on recent fieldwork on women's migration to Spain, this paper will suggest some of the ways that border performances can undermine the choreography of nation states to ensure more humane treatment of women border crossers. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Section 14141 of the 1994 Violent Crime Control Act authorizes the U.S. Justice Department to bring suits against law enforcement agencies where there is a "pattern or practice" of abuse of citizens' rights. As of early 2006 there have been about twenty settlements of DOJ suits against state or local agencies. This paper assesses the impact of that litigation on the agencies affected. The assessment is based on a review of official court-appointed monitors' reports, two evaluations of the Pittsburgh Police Department, and presentation at a national conference on federal litigation held in 2005. The evidence indicates that the impact of federal litigation varies considerably from agency to agency. The consent decree in Pittsburgh appears to have been successful, while the Memorandum of Agreement in Cincinnati has encountered resistance and additional conflict. The consent decree in Los Angeles, meanwhile, has achieved some of its goals but encountered organizational delays in some other areas. The paper concludes with reflections on the possibilities and limits of achieving organizational reform through a compulsory, court-ordered process, and also on the methodological problems involved in attempting to assess the impact of court-ordered settlements. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

This paper reports on recently developed on-line federal data sources on corporate lawbreaking. Based on assessments of the web-available data for several major federal agencies (EPA, OSHA, SEC, FDA, DOJ), and interviews with both enforcement and data management personnel at agency headquarters, as well as with active researchers in the field, the paper examines new potentials for quantitative research on offending and the associated legal responses. Unlike 30 years ago, when the author first collected such data from paper sources and files in libraries and from federal agencies, web-based sources have substantially simplified access to compliance and enforcement data. These sources vary in quality, however, and the paper identifies their key limitations. The paper offers ideas for the sorts of studies that these new data sources could accommodate, and concludes with recommendations for improvements federal authorities could make to their web-based data to increase their utility to the research community. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

In 2001, according the Uniform Crime Reports (UCR) and the National Incident Based Reporting System (NIBRS), less than 20 hate crimes occurred in a "Middle City" a mid-sized metropolitan area in the heartland of the United States. However, our query of Middle City's law enforcement Management Information System yielded more than 1,000 potential hate crime incidents (where the police report narrative suggested some evidence of prejudice based on race, religion, disability, sexual orientation, or ethnicity. In this paper, we report preliminary findings from an analysis of these incident reports. The patrol officer is an under-studied dimension to hate crime classification. He or she initiates the report and provides the substantive context through which hate crimes are defined. Our focus in this paper is on the ways in which the patrol officer "sees" the crime as articulated in the narrative of the report. Through this analysis, we will draw policy relevant implications for both hate crime measurement and patrol officer training. [ABSTRACT FROM AUTHOR]

In this paper I explore whether the Civil Rights Movement impacted the delinquency rates of African-American youth through their increased contact and exposure to the criminal justice system as an effect of integration. The Civil Rights Movement resulted in several policy changes that increased the geographic mobility of African-American youth and their families which may have effected how African-American youth interacted with criminal justice institutions. Did desegregation increase the contact African-American youth had with the police and was this change in contact related to changes in their delinquency rates? This paper will examine the delinquency rates of African-American youth in the five-year to ten-year period before and after the Brown v. Board of Education Topeka, Kansas Supreme Court decision to capture the effects of desegregation, especially as it pertained to the implementation of integration within the school system in the studied locale. The contacts African-American youth had with the criminal justice system that will be analyzed in this paper are the type of contact-interaction with the police, courts, or detention facilities-and the result of contact-delinquency rates. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

This paper argues that the retrenchment of American democracy may account, in part, for the repressiveness of contemporary penal sanctions. This argument challenges what has become a taken for granted assumption about the apparent link between democratization and the punitiveness of American crime control policies. By analyzing historical and comparative data, this paper connects the harsh reality of America's "diminished" democracy to the spread of mass incarceration and other "get tough" policies over the past thirty years. Democracy has not developed evenly or linearly in the United States; and it has actually declined over the past twenty years as indicated by the decline in voter participation (US Census), less competitive elections, gerrymandering, the decline of civic engagement and loss of social capital (Putnam 2000), and the displacement of grassroots voluntary associations by elite- driven professional organizations (Skocpol 2002). Under certain political conditions, it is the public's disengagement and withdrawal from public life rather than its participation (perceived to be "irrational") that has led to the expansion of coercive governmental powers, resulting in the mass incarceration of those most socially marginalized, black Americans and the poor. This paper also argues for a more refined conceptualization of the democratic process itself so that we can more fully understand its effects on punishment. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Proponents of neo-institutionalism argue that through a process called "isomorphism," organizations within an organizational field become increasingly similar over time. Why is it, then, that law enforcement agencies often differ in the ways in which they define and classify gang members? This paper compares the criteria used by law enforcement agencies in various states in defining and classifying an individual as a gang member. Attention to gang issues has dramatically increased in the last two decades, both in the scholarly literature and in law enforcement. Is it possible that the study of and policies about gangs are simply in the early stages of the isomorphic process? This paper discusses (1) the differences between sociological definitions of gang membership and the distinctions made under various legal codes and law enforcement policies and (2) the implications of these differences. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Placement of registered sex offenders has been a critical issue among many American citizens. This paper examines the population density of registered sex offenders in several states based on official statistics available. The study analyzes registered sex offenders' population in county level searching for the population concentration. The study also compares the population density between registered sex offenders and other parolees or probationers. This paper is a part of the research to examine major factors that affect the sex offenders' decision for their residency. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

In the United States, ex-convicts, parolees, probationers, and prisoners are denied voting rights on a scale unmatched among democratic nations. Scholars have attempted to explain the social, legal, and political processes that have led to a vastly differing array of sanctions across the U.S., and have found consistent evidence that punitive criminal disenfranchisement policies are linked to race. Little historical research exists explaining how and why certain states have retained disenfranchisement while others have changed these laws to restore voting rights. This paper examines California's history of disenfranchisement, the harshest elements of which were repealed in 1974 by Proposition 10. The findings suggest that repeal of disenfranchisement may be linked to the presence of reform-minded African-American legislators, and to the presence and activities of advocacy organizations. The paper also questions previous assumptions about political processes related to criminal justice policy, and also probes the depth of American voters' demands for more punitive approaches to crime. Ultimately, this research suggests that the nature and extent of media coverage of criminal justice policy issues is an important factor in the political feasibility of reform. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Despite various attempts to standardize case processing (e.g. mandatory minimums, determinate sentencing) in the U.S. justice system, racial disparities continue to exist as minority youth and adults face harsher punishments and higher rates of incarceration than white defendants. This paper will consider if and how racial differences appear in a problem-solving court by taking an ethnographic look at staff decision-making practices of youth compliance at a juvenile drug court in southern California. This paper looks specifically at how juvenile drug court staffs use of mental health diagnoses could possibly serve as a proxy for differential treatment based on a youths race. Given that a possible mental disorder serves many purposes to absolve youth of their bad behavior and to figure out new ways to work with the youth this racial discrepancy merits further attention. The paper addresses two questions: when and for what reasons do staff members invoke (possible) mental disorder in their decision-making process about the youths compliance? How do those reasons relate to the youths race, if at all? As staff does not openly recognize racial differences in their discussions of the youths behavior, this paper instead will discuss the situations in which staff raise the possibility of mental illness and determine if there are variations in their decisions based on the youths race. [ABSTRACT FROM AUTHOR]

Every state in the U.S either has a full or partial ban on tobacco products in correctional facilities. This paper focuses on the relationship between the tobacco ban in the state of Indiana and changes in the structure of prison communities around the state. Data for this paper comes from in-depth interviews of ex-offenders and key informants. The suggestion is that the tobacco ban has a negative effect on offender access to resources and services, and on levels of institutional security. The tobacco ban has produced a new black market commodity with control of the black market shifting from the inmate population to prison staff. The cost of doing business in prison has increased by as much as 500% with inmates and their families paying prison staff as much as $700.00 for a carton of cigarettes. In some prison communities, staff members have formed tobacco gangs, and work as a unit smuggling and distributing contraband items to the inmate population. The shift in control of the prison black market associated with the tobacco ban has resulted in an increase in levels of deprivation experienced by the inmate social organization and a reduction in levels of institutional security associated with the deviant behavior of prison staff. [ABSTRACT FROM AUTHOR]

Using data from the 2005 National Public Survey on White Collar Crime (a revisiting of the 2000 National Public Survey on White Collar Crime conducted by NW3C), this paper will explore public attitudes and perceptions concerning white collar crime in the present day. Areas of interest include perceived seriousness, public awareness, victim risk behaviors, general experience, and general demographics. This paper will discuss the similarities and the differences between the responses issued for the 2000 survey and the 2005 survey, along with implications for the future. [ABSTRACT FROM AUTHOR]