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Posts in violence and oppression
Mechanisms Underlying Desistance from Crime: Individual and Social Pathways

By Peggy C. Giordano; Monica A. Longmore; Wendy D. Manning; Jennifer E. Copp

The research described in this report sought to address social and individual-level mechanisms that drive successful and sustained criminal desistance through a mixed-method project that included analyses based on the existing six waves of the Toledo Adolescent Relationships Study (TARS) over an 18-year time span. The researchers’ goal was to more fully inform criminal justice policy priorities and help design more effective criminal recidivism intervention efforts. The researchers proposed conducting desistance narratives with a subset of male and female respondents who had evidenced a pattern of sustained criminal desistance, and contrasting those respondents with individuals who have persisted in criminal activity as well as others with patterns of intermittent criminal activity. The report details the researchers’ methodology, and notes that their goal was to incorporate insights from the narratives as well as contemporary theorizing to systematically distinguish individuals who persisted, desisted, and were intermittently involved in criminal activity. The three guiding research aims were: to identify individual-level factors linked to sustained desistance; to examine social network influences on desistance processes; and to determine gender similarities and differences in desistance processes. The report provides a discussion of outcomes and findings, and a listing of artifacts that resulted from the project.

Bowling Green, OH: Bowling Green State University, 2023. 27p.

Simple Burglary of an Inhabited Dwelling, a Crime of Violence?

By Morgyn Young

Recently, Louisiana classified Simple Burglary of an Inhabited Dwelling, when a person is present during the commission of the crime, as a crime of violence. The overwhelming majority in both the House and the Senate voted to deem the crime a crime of violence. Yet, LA. REV. STAT. § 14:60 (Simple Burglary of an Inhabited Dwelling) does not contain an inherently violent element. In this note, the Author takes a deep dive into the Louisiana Code to uncover the foundation needed to classify a crime as a crime of violence. In doing so, it becomes apparent that Louisiana has begun to stray away from a traditional notion of violence. Many of the amendments, including La. Rev. Stat. § 14:60, do not follow conventional notions of violence in that they do not have a nexus to physical injury. This expansion has reached the point where there is no longer a list of attributes that can be used to determine a crime of violence.

Throughout the article, the Author uses Simple Burglary of an Inhabited Dwelling when a person is present as an example to further portray the idea that the Legislature does not follow the crime of violence definition listed in the code, nor is there a readily apparent framework utilized when deeming crimes "violent." To begin, the Author explores how the definition of a crime of violence has grown outside the bounds of the traditional definition of violence by comparing differing "violence" definitions, both past and present. The Author notes that the definition of violence is constantly evolving. However, the Legislature has expanded far past the modern definition. The Author furthers the analysis by examining the different crimes the Legislature has deemed violent compared to La. Rev. Stat. 14:40. Through the study, it becomes clear that the Legislature, as a whole, cannot define violence effectively, nor does the enumerated list under a crime of violence reveal a consistent determination. As in, the Legislature has not plausibly categorized violent crimes. In further explanation, when singling out just the property crimes listed as a crime of violence, there is not a consistent attribute between the crimes listed to determine what escalated each crime to a crime of violence. The Author ends the analysis by attempting to define the elements of La. Rev. Stat. § 14:2, which proves to be quite challenging as the Louisiana Supreme Court has not provided much insight into the framework of classifying a crime. The elements of importance consist of physical force, substantial risk, and the ordinary case of an offense. The Author continues by comparing Louisiana's definition of a crime of violence to the United States Code's definition. The Author points out the resemblance between the two statutes, yet verbiage contained in 18 U.S.C § 16 was deemed unconstitutional. Using both statutes, multiple cases, and burglary statistics the Author further proves the idea that simple burglary of an inhabited dwelling, when a person is present, should not be classified as a crime of violence. As the crime does not entail physical force to the victim, an intent to harm a person, nor is the risk of harm to the victim substantial. Additionally, the offense cannot be correlated with the existing property crimes labeled a crime of violence, and the offense cannot be classified a crime of violence under the definition provided in La. Rev. Stat. § 14:2. Ultimately, this demonstrates the Legislature's sway from a traditional definition of violence and the legislature acting without limitation in classifying crimes as violent. This never-ending expansion or overreaching fuels an ineffective judicial system, ultimately affecting every citizen in some shape or form.

Unpublished paper, 2024. 27p.

Desistance From Crime: Implications for Research, Policy, and Practice

By The U.S.National Institute of Justice

In NIJ’s new publication Desistance From Crime: Implications for Research, Policy, and Practice, experts explore these and other critical questions surrounding the process of individuals ceasing engagement in criminal activities, referred to as “desistance.” They discuss how to conceptualize and measure desistance and offer innovative ways of using desistance-focused approaches in criminal justice practice, policy, and research.

This collection of work takes important steps in describing how a desistance framework can move the field forward across key decision points in the criminal justice system. As a result, the field will be better positioned to meet the needs of stakeholders, improve individual outcomes, and effectively reduce crime and promote public safety for communities across the United States.

Washington, DC: U.S. National Institute of Justice, 2021. 234p.

Criminal Careers of Burglars and Robbers in the Netherlands

By Mathijs Kros, Tjeerd W. Piersma & Karin A. Beijersbergen

This paper investigates criminal career characteristics and trajectories of domestic burglars, residential and commercial robbers, and street robbers in the Netherlands. We used longitudinal data which includes the criminal cases from 1997 until 2020 for all people of 12 years or older. We studied all 89,062 offenders that had at least one criminal case in the period between 2002 and 2004. Semiparametric group trajectory models were used to cluster these offenders into groups with similar criminal careers. Our results suggest that in order to predict who will follow the career path of a life-course persistent offender, it is important to distinguish between specific groups of offenders. Life-course persistent offenders are found amongst domestic burglars, residential and commercial robbers, and street robbers, but not amongst offenders of other types of crime. Furthermore, the size of the group of life-course persistent offenders varies between the domestic burglars, residential and commercial robbers, and street robbers and is largest for domestic burglars. Other criminal career characteristics, such as age of onset, age of termination, duration, and specialisation, are also compared between offender groups.

J Dev Life Course Criminology 9, 379–403 (2023).

A large-scale empirical investigation of specialization in criminal career

By Georg Heiler, Tuan Pham, Jan Korbel, Johannes Wachs & Stefan Thurner

We use a comprehensive longitudinal dataset on criminal acts over 6 years in a European country to study specialization in criminal careers. We present a method to cluster crime categories by their relative co-occurrence within criminal careers, deriving a natural, data-based taxonomy of criminal specialization. Defining specialists as active criminals who stay within one category of offending behavior, we study their socio-demographic attributes, geographic range, and positions in their collaboration networks relative to their generalist counterparts. Compared to generalists, specialists tend to be older, are more likely to be women, operate within a smaller geographic range, and collaborate in smaller, more tightly-knit local networks. We observe that specialists are more intensely embedded in criminal networks, suggesting a potential source of self-reinforcing dynamics in criminal careers.

Scientific Reports 13, 17160 (2023). https://doi.org/10.1038/s41598-023-43552-6

The Intergenerational Transmission of Criminal Justice Contact

By Christopher Wildeman

This article provides a critical overview in five stages of roughly 50 years of research on the intergenerational transmission of criminal justice contact. In the first stage, I document that research on the intergenerational transmission of crime and criminal justice contact focused primarily on crime until the mid-1990s, at which point research rapidly shifted in the direction of criminal justice contact (specifically, incarceration). In the second stage, I document that research on the intergenerational transmission of crime and the intergenerational transmission of criminal justice contact tended to use the same measures—i.e., self-reported and administrative indicators of criminal justice contact with minimal information on criminal activity—but discussed them in different ways. In the third stage, I review research on the broader effects of incarceration to highlight mechanisms through which parental criminal justice contact may independently influence children’s criminal activity. In the fourth stage, I review research on the intergenerational transmission of criminal justice contact. In the final stage, I conclude by calling for new data collection efforts that provide high-quality measures of both crime and criminal justice contact of both parents and children

Annu. Rev. Criminol. 2020. 3:217–4

Learning from Criminals: Active Offender Research for Criminology

By Volkan Topalli, Timothy Dickinson, and Scott Jacques

Active offender research relies on the collection of data from noninstitutionalized criminals and has made significant contributions to our understanding of the etiology of serious crime. This review covers its history as well as its methodological, scientific, and ethical pitfalls and advantages. Because study subjects are currently and freely engaging in crime at the time of data collection, their memories, attitudes, and feelings about their criminality and specific criminal events are rich, detailed, and accurate. Contemporary approaches to active offender research employ systematized formats for data collection and analysis that improve the validity of findings and help illuminate the foreground of crime. Although active offender research has traditionally relied on qualitative techniques, we outline the potential for it to make contributions via mixed methods, experiments, and emerging computational and technological approaches, such as virtual reality simulation studies and agent-based modeling.

Annu. Rev. Criminol. 2020. 3:189–215

The Impact of “Strike Hard” on Repeat and Near-Repeat Residential Burglary in Beijing

By Peng Chen and Justin Kurland

“Strike Hard” is an enhanced law-enforcement strategy in China that aims to suppress crime, but measurement of the crime-reducing effect and potential changes in the spatiotemporal concentration of crime associated with “Strike Hard” remains unknown. This paper seeks to examine the impact, if any, of “Strike Hard” on the spatiotemporal clustering of burglary incidents. Two and half years of residential burglary incidents from Chaoyang, Beijing is used to examine repeat and near-repeat burglary incidents before, during, and after the “Strike Hard” intervention and a new technique that enables the comparison of repeat and near repeat patterns across di erent temporal periods is introduced to achieve this. The results demonstrate the intervention disrupted the repeat pattern during the “Strike Hard” period reducing the observed ratio of single-day repeat burglaries by 155%; however, these same single-day repeat burglary events increased by 41% after the cessation of the intervention. Findings with respect to near repeats are less remarkable with nominal evidence to support that the intervention produced a significant decrease, but coupled with other results, suggest that spatiotemporal displacement may have been an undesired by-product of “Strike Hard”. This study from a non-Western setting provides further evidence of the generalizability of findings related to repeat and near-repeat patterns of burglary and further highlights the limited preventative effects that the “Strike Hard” enhanced law enforcement campaign had on burglary

ISPRS Int. J. Geo-Inf. 2020, 9, 150

Pacifying problem places: How problem property interventions increase guardianship and reduce disorder and crime

By Michael Zoorob, Daniel T. O'Brien

Crime is highly concentrated at places that lack capable place managers (i.e., landlords and their delegates). In response, numerous cities have instituted problem property interventions that pressure landowners to better manage properties suffering from decay, nuisance, or crime. This approach is distinctive in that it both targets a place and incentivizes those legally responsible to improve its management, yet little is known about the efficacy of such interventions. We assess the short- and long-term impacts of such interventions in Boston, Massachusetts, using matched difference-in-difference analyses. Problem property interventions reduced crime and disorder relative to comparable matched properties. They also led to property investment and landowner turnover, suggesting strengthened place management. In addition, drops in crime and disorder were observed at other properties on the same street, although not at other properties with the same owner throughout the city. This study, therefore, provides evidence that problem property interventions compel landowners to better manage the targeted property and that these effects have a diffusion of benefits on surrounding properties. The effect on place management, however, was limited to the target property and did not reliably generalize to the landowner's other holdings. This study reveals nuance in the ways that problem property interventions can benefit communities.

Criminology, Volume62, Issue1 February 2024 Pages 64-89

Do progressive prosecutors increase crime? A quasi-experimental analysis of crime rates in the 100 largest counties, 2000-2020

By Nick Petersen, Ojmarrh Mitchell, Shi Yan

In recent years, there has been a rise in so-called “progressive prosecutors” focused on criminal justice reforms. Although there has been considerable debate about the relationship between progressive prosecution policies and crime rates, there has been surprisingly little empirical research on the topic. Building on the limited extant research, we examined whether the inauguration of progressive prosecutors in the nation's 100 most populous counties impacted crime rates during a 21-year period (2000 to 2020). After developing an original database of progressive prosecutors in the 100 largest counties, we used heterogeneous difference-in-differences regressions to examine the influence of progressive prosecutors on crime rates. Results show that the inauguration of progressive prosecutors led to statistically higher index property (∼7%) and total crime rates (driven by rising property crimes), and these effects were strongest since 2013—a period with an increasing number of progressive prosecutors. However, violent crime rates generally were not higher after a progressive prosecutor assumed control.

Policy implications

Despite concerns that the election of progressive prosecutors leads to “surging” levels of violence, these findings suggest that progressive-oriented prosecutorial reforms led to relatively higher rates of property crime but had limited impact on rates of violent crime. In fact, in absolute terms, crime rates fell in jurisdictions with traditional and progressive prosecutors. Yet, relative property crime rates were greater after the inauguration of progressive prosecutors. Given that prior research shows progressive prosecutors reduce mass incarceration and racial inequalities, our findings indicate that higher property crime rates may be the price for these advancements.

Criminology & Public Policy Version of Record online: 18 April 2024

Geographical Aspects of Cybercrime: A Literature Review

By Craig S Wright

Cybercrime has become a pervasive and complex issue in today’s interconnected world, posing significant threats to individuals, businesses, and governments. This paper aims to provide a comprehensive overview of the diverse aspects related to cybercrime, including its historical context, demographic and geographic dimensions, environmental influences, and preventive strategies. This review provides a holistic overview of the multifaceted dimensions of cybercrime. By understanding its historical context, demographic and geographic aspects, environmental influences, and preventive strategies, policymakers, law enforcement agencies, and researchers can work collaboratively to combat cyber threats effectively. Such a comprehensive approach will help create a safer digital environment and protect individuals, organizations, and societies from the adverse impacts of cybercrime. Moreover, through ongoing research and collaboration, it is possible to develop innovative solutions and adapt to the evolving landscape of cyber threats, ensuring a secure and resilient digital future.

Unpublished paper, 2023. 54p.

The “Webification” of Jihadism: Trends in the Use of Online Platforms, Before and After Attacks by Violent Extremists in Nigeria

By Folahanmi Aina and John Sunday Ojo

Violent extremist organisations (VEOs) use social media platforms to promote extremist content and coordinate agendas.  The use of digital platforms to disseminate information and coordinate activities by VEOs in Nigeria has grown considerably in recent years. This report analyses the adoption of social media before and after attacks by Boko Haram, Islamic State of West Africa Province (ISWAP) and Ansaru. In the post-attack environment, Boko Haram, ISWAP and Ansaru use platforms to claim responsibility and display their strengths against the state’s security forces. By demonstrating their capacity to attack state security forces, the three groups aim to erode the public’s confidence in the state military’s capacity to safeguard national security. The key findings of this report are as follows: Boko Haram, ISWAP and Ansaru previously leveraged popular social media platforms, including YouTube, Facebook, Telegram and Instagram. These platforms were used to promote propaganda and create awareness regarding upcoming attacks. However, all three groups have now had their use of these platforms restricted or banned. ISWAP has switched to using WhatsApp as a secure platform for communication before, during and after attacks. Rocket.Chat and Telegram have also been instrumental in ISWAP’s information dissemination. Boko Haram uses Telegram to share its activities in the pre-attack and post-attack environments. Ansaru has yet to appear on social media platforms due to its underground activities, which are hard to monitor. The recent acquisition of high-speed satellite internet has enhanced ISWAP’s communication with its audience and enabled coordinated attacks. Combating the exploitation of social media platform by VEOs requires a multidimensional approach. Effective collaboration with technology companies becomes imperative to identify extremist content. Building technological infrastructure for the state requires synergistic collaboration with the military and intelligence agencies to enable the removal of extremism from social media platforms. Devising multilingual and specialised algorithms to detect coded extremism messages and audio-visual content is essential for effective counter-extremism digital architecture. Investing in current technology through research and algorithm development must be prioritised to identify violent extremist content in Nigeria and beyond.

London: Global Network on Extremism & Technology, 2023. 30p.

Cults and Online Violent Extremism

By Suzanne Newcombe, Sarah Harvey, Jane Cooper, Ruby Forrester, Jo Banks and Shanon Shah

The word ‘cultic’ is applied to a diverse range of online activity. This label is not always intended to convey a negative judgement; for example, individual influencers, music groups and brands aspire to a ‘cult following’. However, the use of the words ‘cult’ or ‘cultic’ is usually intended by the speaker as a judgement to draw attention to something that may have some elements typically associated with religion (for example, idealisation of a particular individual, a specific worldview and/or ritual practices) as well as the potential to cause harm and violence. This report proposes three ideal-typical groupings of online cultic activity that can glorify and inspire violent extremisms: ‘Cultic’ Religious Groups, ‘Online Cultic Milieus’ and ‘Cultic Fandoms’. This is not an exhaustive description of online activity that has been termed ‘cultic’ in popular culture, but it provides a good starting point for further analysis. This report argues that the understanding of ‘cults’ and online activity needs to be carefully nuanced; the complexities of online and offline activities that might result in violent extremism need to be analysed and risk assessed at the level of both group/social movement and individual. It is important to understand that there are a range of ways individuals interact with these cultic online environments that may or may not represent warning signs or pathways into violent extremism. A holistic understanding of both the nature of the cultic online milieu and an individual’s engagement with that environment is warranted before making assumptions about the nature of any individual’s engagement.

London: Global Network on Extremism and Technology (GNET), July 2023.

Going Dark: The Inverse Relationship between Online and On-the-Ground Pre-offence Behaviours in Targeted Attackers

By Julia Kupper and Reid Meloy

This pilot study examines the correlation of online and on-the-ground behaviours of three lone-actor terrorists prior to their intended and planned attacks on soft targets in North America and Europe: the Pittsburgh synagogue shooter, the Buffalo supermarket shooter and the Bratislava bar shooter. The activities were examined with the definition of the proximal warning indicator energy burst from the Terrorist Radicalization Assessment Protocol (TRAP-18), originally defined as an acceleration in frequency or variety of preparatory behaviours related to the target. An extensive quantitative and qualitative assessment of primary and secondary sources was conducted, including raw data from different tech platforms (Gab, Discord and Twitter–now X) and open-source materials, such as criminal complaints, superseding indictments and court trial transcripts. Preliminary findings of this small sample suggest an inverse relationship between the online and offline behaviours across all three perpetrators. The average point of time between the decision to attack and the actual attack was five months, with an elevation of digital activities in the three months leading up to the incident, along with some indications of offline planning. In the week prior to the event, social media activity decreased–specifically on the day before the acts of violence with two subjects going completely dark–while terrestrial preparations increased. On the actual day of the incident, all assailants accelerated their tactical on-the-ground actions and resurfaced in the online sphere to publish their final messages in the minutes or hours prior to the attack. It appears that the energy burst behaviours in the digital sphere and the offline actions can be measured in both frequency and variety. Operational implications of this negative correlation are suggested for intelligence analysts, counter-terrorism investigators and threat assessors.

London: The Global Network on Extremism and Technology (GNET), 2023. 36p.

Offline versus online radicalization: Which is the bigger threat?  Tracing Outcomes of 439 Jihadist Terrorists Between 2014–2021 in 8 Western Countries

By Nafees Hamid and Cristina Ariza

Question: Are those radicalised offline or online more of a threat? Which group is harder to detect, more successful in completing attacks, and more lethal when they do so? Is the pattern different for youth versus older perpetrators and for men versus women? This report investigates these questions. Database: We created a database containing 439 perpetrators involved in 245 attacks between 1 January 2014 and 1 January 2021. It includes every publicly known completed attack and an extensive sampling of thwarted attacks. Attacks were all jihadist‑linked in eight Western countries: Australia, Austria, Belgium, France, Germany, Spain, the United Kingdom and the United States. Type of radicalisation: In our database, radicalisation primarily happens offline; over half the individuals in our database had been radicalised via offline networks. Success and lethality: Individuals who were radicalised offline were three times more likely than individuals radicalised online to complete an attack successfully. Those radicalised offline are 18 times more lethal than individuals in the online category. Those radicalised online are almost eight times more likely to fail than to succeed. Group attacks: Individuals who were radicalised offline are almost three times more likely to attack or plot in groups than individuals radicalised online. Success of group attacks: While groups were more likely to be thwarted by the police than to succeed (regardless of how individuals had been radicalised), successful groups of people radicalised offline were more lethal than their lone actor counterparts (15%). Family and friends: Some 87% of those with radicalised friends and 74% with radicalised relatives plotted or attacked together. Foreign fighters: Foreign terrorist fighters (FTFs), who were mostly radicalised offline, have the same success rate as non‑FTFs. But success rate increases if they have spent more than a year in a terrorist training location. Age: Online radicalisation is on the rise for young people (born from the 2000s onwards), although most individuals, including young people, are still radicalised offline. Gender: Women appear to be more likely to have been radicalised online. Bottom line: Those radicalised offline are greater in number, more successful in completing attacks and more deadly than those radicalised online.  

London: International Centre for the Study of Radicalisation, King’s College London. 2022. 40p.

The violence dynamics in public security: military interventions and police-related deaths in Brazil

By Marcial A. G. Suarez, Luís Antônio Francisco de Souza, Carlos Henrique Aguiar Serra

This paper discusses the deadly use of violence as a public security agenda, focusing on police lethality and military interventions. Through a literature review to understanding concepts – such as “war,” for example – used in public security policy agendas, the study seeks to frame the notion of political violence, mainly referring to the policies designed to combat violence in Brazil. The objective is to problematize the public security policy based on the idea of confrontation, which adopts the logic of war and the notion of “enemy”. The paper is divided into three parts. The first is a conceptual approach to violence and war, and the second is the analysis of the dynamic of deadly use of force. Finally, the third part is a contextual analysis of violence in Rio de Janeiro, its characteristics, and central actors, using official statistics on violence in the region.

Brazil: Oñati Socio-Legal Series, 2021. 22p.

Governing the underworld: how organized crime governs other criminals in Colombian cities

By Reynell Badillo-Sarmiento & Luis Fernando Trejos-Rosero 

This article explores how organized criminal organizations exercise criminal governance over other organized and non-organized criminals using public messaging, lethal and extra-lethal violence. Drawing on extensive fieldwork, over 350 press reports, and an original database on inter-criminal lethal violence, we show, in line with recent literature on organized crime, that while these organizations use violence to build their reputation as actors willing to use force, they also provide benefits to other criminals such as financing and protection from state and competitors. This article contributes to the literature on criminal governance by elaborating on the mechanisms shown in recent work and by detailing an unexplored case study in Barranquilla (Colombia).

Colombia: Trends in Organized Crime, 2023. 27p.

Deepfakes on Trial: A Call To Expand the Trial Judge’s Gatekeeping Role To Protect Legal Proceedings from Technological Fakery

By Rebecca A. Delfino

Deepfakes—audiovisual recordings created using artificial intelligence (AI) technology to believably map one person’s movements and words onto another—are ubiquitous. They have permeated societal and civic spaces from entertainment, news, and social media to politics. And now deepfakes are invading the courts, threatening our justice system’s truth-seeking function. Ways deepfakes could infect a court proceeding run the gamut and include parties fabricating evidence to win a civil action, government actors wrongfully securing criminal convictions, and lawyers purposely exploiting a lay jury’s suspicions about evidence. As deepfake technology improves and it becomes harder to tell what is real, juries may start questioning the authenticity of properly admitted evidence, which in turn may have a corrosive effect on the justice system. No evidentiary procedure explicitly governs the presentation of deepfake evidence in court. The existing legal standards governing the authentication of evidence are inadequate because they were developed before the advent of deepfake technology. As a result, they do not solve the urgent problem of how to determine when an audiovisual image is fake and when it is not. Although legal scholarship and the popular media have addressed certain facets of deepfakes in the last several years, there has been no commentary on the procedural aspects of deepfake evidence in court. Absent from the discussion is who gets to decide whether a deepfake is authentic. This Article addresses the matters that prior academic scholarship on deepfakes obscures. It is the first to propose a new addition to the Federal Rules of Evidence reflecting a novel reallocation of fact-determining responsibilities from the jury to the judge, treating the question of deepfake authenticity as one for the court to decide as an expanded gatekeeping function under the Rules. The challenges of deepfakes—problems of proof, the “deepfake defense,” and juror skepticism—can be best addressed by amending the Rules for authenticating digital audiovisual evidence, instructing the jury on its use of that evidence, and limiting counsel’s efforts to exploit the existence of deepfakes.

Hastings Law Journal, 2023. 57p.

Challenge Trial Judges Face When Authenticating Video Evidence in the Age of Deepfakes

By Taurus Myhand

The proliferation of deepfake videos has resulted in rapid improvements in the technology used to create them. Although the use of fake videos and images are not new, advances in artificial intelligence have made deepfakes easier to make and harder to detect. Basic human perception is no longer sufficient to detect deepfakes. Yet, under the current construction of the Federal Rules of Evidence, trials judges are expected to do just that. Trial judges face a daunting challenge when applying the current evidence authentication standards to video evidence in this new reality of widely available deepfake videos. This article examines the gatekeeping role trial judges must perform in light of the unique challenges posed by deepfake video evidence. This article further examines why the jury instruction approach and the rule change approaches proposed by other scholars are insufficient to combat the grave threat of false video evidence. This article concludes with a discussion of the affidavit of forensic analysis approach, a robust response to the authentication challenges posed by deepfakes. The AFA approach preserves most of the current construction of the Federal Rules of Evidence while reviving the gatekeeping role of the trial judge in determining the admissibility of video evidence. The AFA will provide the trial judges with the tools necessary to detect and exclude deepfake videos without leaving an everlasting taint on the juries that would have otherwise seen the falsified videos.

Widener Law Review, 2023. 19p.

 The Thirteenth Amendment: Modern Slavery, Capitalism, and Mass Incarceration

By Michele Goodwin

On August 31, 2017, The New York Times published a provocative news article, “The Incarcerated Women Who Fight California’s Wildfires.” California is particularly known for its wildfires.1 The dry-air, hot-weather conditions that persist much of the year and limited rainfall create the conditions that make pockets of the state ripe for devastating wildfires. Strong winds, often referred to as the Diablo (or the devil), radiate in the northern part of the state, exacerbating the already vulnerable conditions. The Santa Ana winds do the same in southern counties. Fighting these fires can be a matter of life or death. In fact, Shawna Lynn Jones died in 2016, only hours after battling a fire in Southern California. She was nearly done with a three-year sentence—barely two months remained of her incarceration. However, the night before, at 3 a.m., she and other women had been called to put out a raging fire. Tyquesha Brown recalls that the fire that night required traversing a steep hillside of loose rocks and soil.2 This made their task even more challenging. Another woman told a reporter that Jones struggled that night—the weight of her gear and chain  made it difficult for her to establish footing to hike up the hill where the fire blazed.3 However, she and the other women of Crew 13-3 performed their duties, holding back the fire so that it did not “jump the line.”4 By doing so, they saved expensive properties in Malibu. However, Jones was dead by 10 a.m. the next morning.5 For “less than $2 an hour,” female inmates like Shawna Jones and Tyquesha Brown “work their bodies to the breaking point” with this dangerous work.6 The women trudge heavy chains, saws, medical supplies, safety gear, and various other equipment into burning hillsides surrounded by intense flames. On occasion, they may arrive “ahead of any aerial support or local fire trucks,”7 leaving the prisons in the peak of night, when it is pitch black, arriving before dawn to the color of bright flames and intense heat. Sometimes the women are called upon to “set the line,” meaning they clear “potential fuel from a six-foot-wide stretch of ground” between the source of the fire (or whatever is burning) and the land or property in need of protection.8 They dig trenches, moving toward the fire with tools in hand, keeping about ten feet apart from each other while calling out conditions.9 The women cut wood, clearing it before the flames lick at its brittle brush. After, they scrape or shovel—all in syncopation—while clouds of smoke envelope them. For protection, thin bandanas or yellow handkerchiefs cover their mouths. They operate in a frightening rhythm of sorts: saw, hook, shovel, and rake charred earth, trees, or whatever remains from the blazing fire. To the naked eye, the women could appear to represent progress. For too long, state, federal, and local agencies excluded women from professions that demanded the service of their bodies at the front lines of anything other than childbearing, motherhood, and domestic duties. Women waged legal battles to become firefighters and police officers.10 Thus, a glance at the women battling California’s fires might convey a message of hope and that the only battles left are the fires themselves—and not the persistent claims of institutional and private discrimination,11 such as colleagues urinating on their beds,12 sexual harassment,13 and retaliation for performing their jobs well.

New York: Cornell Law Review, 2019.