Invoking Justice

Invoking Justice, a performative work of dance-theater, is a social commentary, both on the failure of the American justice system to balance the scales, and on our individual and collective failings to balance our communities, and ourselves, while recognizing our inherent unity and interconnectedness. The show was performed on March 10th and 11th, 2016 in the Clarice Smith Performing Arts Center, at the University of Maryland, College Park. This document is a survey of the creative process through which this project was realized and serves as a record of the many obstacles and successes that one might encounter in directing a work of dance-theater.

Civil Rights on the Cell Block: Race, Reform, and Violence in Texas Prisons and the Nation, 1945-1990

This study, "Civil Rights on the Cell Block: Race, Reform, and Violence in Texas Prisons and the Nation, 1945-1990," offers a new perspective on the historical origins of the modern prison industrial complex, sexual violence in working-class culture, and the ways in which race shaped the prison experience. This study joins new scholarship that reperiodizes the Civil Rights era while also considering how violence and radicalism shaped the civil rights struggle. It places the criminal justice system at the heart of both an older racial order and within a prison-made civil rights movement that confronted the prison's power to deny citizenship and enforce racial hierarchies. By charting the trajectory of the civil rights movement in Texas prisons, my dissertation demonstrates how the internal struggle over rehabilitation and punishment shaped civil rights, racial formation, and the political contest between liberalism and conservatism. This dissertation offers a close case study of Texas, where the state prison system emerged as a national model for penal management. The dissertation begins with a hopeful story of reform marked by an apparently successful effort by the State of Texas to replace its notorious 1940s plantation/prison farm system with an efficient, business-oriented agricultural enterprise system. When this new system was fully operational in the 1960s, Texas garnered plaudits as a pioneering, modern, efficient, and business oriented Sun Belt state. But this reputation of competence and efficiency obfuscated the reality of a brutal system of internal prison management in which inmates acted as guards, employing coercive means to maintain control over the prisoner population. The inmates whom the prison system placed in charge also ran an internal prison economy in which money, food, human beings, reputations, favors, and sex all became commodities to be bought and sold. I analyze both how the Texas prison system managed to maintain its high external reputation for so long in the face of the internal reality and how that reputation collapsed when inmates, inspired by the Civil Rights Movement, revolted. My dissertation shows that this inmate Civil Rights rebellion was a success in forcing an end to the existing system but a failure in its attempts to make conditions in Texas prisons more humane. The new Texas prison regime, I conclude, utilized paramilitary practices, privatized prisons, and gang-related warfare to establish a new system that focused much more on law and order in the prisons than on the legal and human rights of prisoners. Placing the inmates and their struggle at the heart of the national debate over rights and "law and order" politics reveals an inter-racial social justice movement that asked the courts to reconsider how the state punished those who committed a crime while also reminding the public of the inmates' humanity and their constitutional rights.

School-Based Referrals to the Juvenile Courts: Prevalence and Characteristics in Several States

Effective school discipline practices are essential to keeping schools safe and creating an optimal learning environment. However, the overreliance of exclusionary discipline often removes students from the school setting and deprives them of the opportunity to learn. Previous research has suggested that students are being introduced to the juvenile justice system through the use of school-based juvenile court referrals. In 2011, approximately 1.2 million delinquency cases were referred to the juvenile courts in the United States. Preliminary evidence suggests that an increasing number of these referrals have originated in the schools. This study investigated school-based referrals to the juvenile courts as an element of the School-to-Prison Pipeline (StPP). The likelihood of school-based juvenile court referrals and rate of dismissal of these referrals was examined in several states using data from the National Juvenile Court Data Archives. In addition, the study examined race and special education status as predictors of school-based juvenile court referrals. Descriptive statistics, logistic regression and odds ratio, were used to analyze the data, make conclusions based on the findings and recommend appropriate school discipline practices.

Criminal Case Processing of Sexual Assaults in Alaska

Discretion plays a role in nearly every facet of the American criminal justice system. It is widely regarded as necessary to do justice but is not without criticisms – especially when it leads to unfavorable or disparate treatment. The role of discretion in sexual assault cases has been particularly scrutinized. Since the majority of sexual assaults do not fit stereotypic beliefs about what constitutes a “real rape” and “genuine victim,” criminal justice officials use their discretion to filter these cases out of the justice system. This study explored this issue by examining two stages of the criminal justice process: the police decision to refer cases for prosecution and the prosecutorial decision to accept referred cases. In doing so, it contributes to this body of literature in three ways. First, it included sexual assault cases that involve Alaska Native victims and suspects. Second, it addressed a gap in the theoretical scholarship by examining the downstream nature of police decision-making. And finally, it examined the formal reasons prosecutors give for charge dispositions. This study found a significant amount of attrition of sexual assault cases as they progressed through the criminal justice system. Moreover, a combination of legally relevant and extralegal factors was found to be important, but not consistently across all types of sexual assaults. Among legal factors, the number of victim injuries was the most consistent predictor. Among extralegal factors, cases that involved Alaska Native suspects had significantly higher odds of case referral and case acceptance compared to white suspects. The effect of suspect race was particularly pronounced in cases with a white victim. Additionally, the findings suggest that not only are Native American defendants more likely to have their cases referred by police, but once referred, they are also more likely to have them accepted for prosecution. Contrary to expectations, victim-suspect relationship, specifically non-stranger assaults, increased the odds of police referral compared to stranger cases. However, the opposite appears to be true for the decision to prosecute cases. Once referred, prosecutors were five times more likely to accept sexual assaults perpetrated by strangers. The implications of these findings are also discussed.

Surveillance in Cyberspace: Applying Natural and Place Manager Surveillance to System Trespassing

Research on the criminological side of system trespassing (i.e. unlawfully gaining access to a computer system) is relatively rare and has yet to examine the effect of the presence of other users on the system during the trespassing event (i.e. the time of communication between a trespasser’s system and the infiltrated system). This thesis seeks to analyze this relationship drawing on principles of Situational Crime Prevention, Routine Activities Theory, and restrictive deterrence. Data were collected from a randomized control trial of target computers deployed on the Internet network of a large U.S. university. This study examined whether the number (one or multiple) and type (administrative or non-administrative) of computer users present on a system reduced the seriousness and frequency of trespassing. Results indicated that the type of user (administrative) produced a restrictive deterrent effect and significantly reduced the frequency and duration of trespassing events.

Integrating Environmental Justice and Social-Ecological Resilience for Successful Adaptation to Climate Change: Lessons from African American Communities on the Eastern Shore of the Chesapeake Bay

This research concerns the conceptual and empirical relationship between environmental justice and social-ecological resilience as it relates to climate change vulnerability and adaptation. Two primary questions guided this work. First, what is the level of resilience and adaptive capacity for social-ecological systems that are characterized by environmental injustice in the face of climate change? And second, what is the role of an environmental justice approach in developing adaptation policies that will promote social-ecological resilience? These questions were investigated in three African American communities that are particularly vulnerable to flooding from sea-level rise on the Eastern Shore of the Chesapeake Bay. Using qualitative and quantitative methods, I found that in all three communities, religious faith and the church, rootedness in the landscape, and race relations were highly salient to community experience. The degree to which these common aspects of the communities have imparted adaptive capacity has changed over time. Importantly, a given social-ecological factor does not have the same effect on vulnerability in all communities; however, in all communities political isolation decreases adaptive capacity and increases vulnerability. This political isolation is at least partly due to procedural injustice, which occurs for a number of interrelated reasons. This research further revealed that while all stakeholders (policymakers, environmentalists, and African American community members) generally agree that justice needs to be increased on the Eastern Shore, stakeholder groups disagree about what a justice approach to adaptation would look like. When brought together at a workshop, however, these stakeholders were able to identify numerous challenges and opportunities for increasing justice. Resilience was assessed by the presence of four resilience factors: living with uncertainty, nurturing diversity, combining different types of knowledge, and creating opportunities for self-organization. Overall, these communities seem to have low resilience; however, there is potential for resilience to increase. Finally, I argue that the use of resilience theory for environmental justice communities is limited by the great breadth and depth of knowledge required to evaluate the state of the social-ecological system, the complexities of simultaneously promoting resilience at both the regional and local scale, and the lack of attention to issues of justice.