Digital Commons Network^™

The Impact Of Bail Reform On Arrest Rates For Aggravated Assault In Two Cities, Brion P. Gilbride

Doctoral Dissertations and Projects

With the recent push to implement bail reform in various U.S. cities and states, the impact of such reform was studied using aggravated assault arrest statistics for Philadelphia, a city that implemented bail reform via prosecutorial discretion, and for Pittsburgh, which had not implemented bail reform. Using the time period of January 2017 through December 2019, a quantitative analysis was completed on aggravated assault arrest counts in both cities to ascertain whether the removal of bail as a deterrent caused aggravated assault arrests to increase. Using a t-test, linear regression, and ANOVA, it was determined that bail reform had minimal …

The Trouble With Time Served, Kimberly Ferzan

All Faculty Scholarship

Every jurisdiction in the United States gives criminal defendants “credit” against their sentence for the time they spend detained pretrial. In a world of mass incarceration and overcriminalization that disproportionately impacts people of color, this practice appears to be a welcome mechanism for mercy and justice. In fact, however, crediting detainees for time served is perverse. It harms the innocent. A defendant who is found not guilty, or whose case is dismissed, gets nothing. Crediting time served also allows the state to avoid internalizing the full costs of pretrial detention, thereby making overinclusive detention standards less expensive. Finally, crediting time …

Mindfully Outraged: Mindfulness Increases Deontic Retribution For Third-Party Injustice, Adam A. Kay, Theodore Charles Masters-Waage, Jochen Reb, Pavlos A. Vlachos

Research Collection Lee Kong Chian School Of Business

Mindfulness is known to temper negative reactions by both victims and perpetrators of injustice. Accordingly, critics claim that mindfulness numbs people to injustice, raising concerns about its moral implications. Exam-ining how mindful observers respond to third-party injustice, we integrate mindfulness with deontic justice theory to propose that mindfulness does not numb but rather enlivens people to injustice committed by others against others. Results from three studies show that mindfulness heightens moral outrage in witnesses of injustice, particularly when the injustice is only moderate. Although these findings did not replicate with a mindfulness induction, post-hoc analysis in a fourth study reveals …

The Vigilante Identity And Organizations, Fan Xuan Chen, Maja Graso, Karl Aquino, Lily Lin, Joey T. Cheng, Katherine Decelles, Abhijeet K. Vadera

Research Collection Lee Kong Chian School Of Business

We test the theoretical and practical utility of the vigilante identity, a self-perception of being the kind of person who monitors their environment for signs of norm violations, and who punishes the perceived norm violator, without formal authority. We develop and validate a measure of the vigilante identity scale (VIS) and demonstrate the scale’s incremental predictive validity above and beyond seemingly related constructs (Studies 1 – 2e). We show that the VIS predicts hypervigilance towards organizational wrongdoing (Studies 2 and 4), punishment intentions and behavior in and of organizations (Studies 3 and 4) as well as in the wider community …

Private Probation Costs, Compliance, And The Proportionality Of Punishment: Evidence From Georgia And Missouri, Beth Huebner, Sarah Shannon

Criminology and Criminal Justice Faculty Works

Probation is the most commonly imposed correctional sanction, is often accompanied by supplementary costs, and can be operated by the state or private companies. Private probation is a unique sanction used in lower courts, most often for misdemeanor offenses, and is managed by third-party actors. We focus on documenting the process and unique costs of private probation, including the rituals of compliance and proportionality of punishment. We use data from interviews with individuals on private probation and local criminal justice officials as well as evidence from court ethnographies in Georgia and Missouri. For individuals on private probation, payment of monetary …

Proportionality, Constraint, And Culpability, Mitchell N. Berman

All Faculty Scholarship

Philosophers of criminal punishment widely agree that criminal punishment should be “proportional” to the “seriousness” of the offense. But this apparent consensus is only superficial, masking significant dissensus below the surface. Proposed proportionality principles differ on several distinct dimensions, including: (1) regarding which offense or offender properties determine offense “seriousness” and thus constitute a proportionality relatum; (2) regarding whether punishment is objectionably disproportionate only when excessively severe, or also when excessively lenient; and (3) regarding whether the principle can deliver absolute (“cardinal”) judgments, or only comparative (“ordinal”) ones. This essay proposes that these differences cannot be successfully adjudicated, and one …

After The Crime: Rewarding Offenders’ Positive Post-Offense Conduct, Paul H. Robinson, Muhammad Sarahne

All Faculty Scholarship

While an offender’s conduct before and during the crime is the traditional focus of criminal law and sentencing rules, an examination of post-offense conduct can also be important in promoting criminal justice goals. After the crime, different offenders make different choices and have different experiences, and those differences can suggest appropriately different treatment by judges, correctional officials, probation and parole supervisors, and other decision-makers in the criminal justice system.

Positive post-offense conduct ought to be acknowledged and rewarded, not only to encourage it but also as a matter of fair and just treatment. This essay describes four kinds of positive …

Is Executive Function The Universal Acid?, Stephen J. Morse

All Faculty Scholarship

This essay responds to Hirstein, Sifferd and Fagan’s book, Responsible Brains (MIT Press, 2018), which claims that executive function is the guiding mechanism that supports both responsible agency and the necessity for some excuses. In contrast, I suggest that executive function is not the universal acid and the neuroscience at present contributes almost nothing to the necessary psychological level of explanation and analysis. To the extent neuroscience can be useful, it is virtually entirely dependent on well-validated psychology to correlate with the neuroscientific variables under investigation. The essay considers what executive function is and what the neuroscience adds to our …

Evidence, Arrest Circumstances, And Felony Cocaine Case Processing, Jacqueline G. Lee, Alexander Testa

Criminal Justice Faculty Publications and Presentations

Case evidence and situational arrest characteristics are widely speculated to influence courtroom actor decisions, yet such measures are infrequently included in research. Using new data on felony cocaine cases from an urban county in a Southern non-guideline state, this study examines how physical evidence and arrest circumstances affect three stages of case processing: initial charge type, charge reduction, and sentence length. The influence of evidence appeared strongest at the early stage when prosecutors chose the appropriate charge, though certain evidentiary and arrest measures continued to influence later decisions. Charge reductions were driven mostly by legal factors, and while guilt should …

From The Legal Literature: Disentangling Prison And Punishment, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

Negative Punishment During Alternative Reinforcement Does Not Reduce Subsequent Resurgence, Alexander Houchins, Catherine L. Williams, Claire C. St. Peter

Faculty & Staff Scholarship

Resurgence of previously suppressed behavior can occur when differential reinforcement is discontinued. Recent research has investigated strategies to mitigate resurgence, such as punishing the target response during alternative reinforcement. Loss of reinforcers contingent on the target response (response cost) does not appear to attenuate resurgence, but these effects had not been replicated with other negative-punishment procedures, such as timeout. This study investigated effects of timeout on subsequent resurgence when adults responded to earn points during a computer task. Timeout did not affect subsequent resurgence. These findings, in combination with previous research, suggest that negative punishment may not reduce the likelihood …

The Impact Of Callous-Unemotional Traits And Externalizing Tendencies On Neural Responsivity To Reward And Punishment In Healthy Adolescents, Yonglin Huang, Tingting Wu, Yu Gao, Yuyang Luo, Ziyan Wu, Shawn Fagan, Stephanie Leung, Xiaobo Li

Publications and Research

Both externalizing behavior and callous-unemotional (CU) traits in youth are precursors to later criminal offending in adulthood. It is posited that disruptions in reward and punishment processes may engender problematic behavior, such that CU traits and externalizing behavior may be linked to a dominant reward response style (e.g., heightened responsivity to rewards) and deficient punishment-processing. However, prior research has generated mixed findings and work examining both the sole and joint contribution of CU traits and externalizing problems related to functional brain alterations is lacking. In this pilot functional magnetic resonance imaging study, we measured externalizing behavior and CU traits in …

Reciprocity Through Ratings: An Experimental Study Of Bias In Evaluations, Simon Halliday, Jonathan Lafky

Economics: Faculty Publications

This paper studies the potential for ratings of seller quality to be influenced by side payments to raters. In a laboratory setting, we find that even modest side payments from sellers to raters have large effects, with the type of rating (favorable or unfavorable) given to a seller determined primarily by how large a monetary transfer the seller makes to the rater. Our results demonstrate that side payments can crowd out a rater’s concern for buyers, even in situations where there is no potential for long-term relationship building.

‘It’S Kinda Punishment’: Tandem Logics And Penultimate Power In The Penal Voluntary Sector For Canadian Youth, Abigail Salole

Publications and Scholarship

This paper draws on original empirical research in Ontario, Canada which analyses penal voluntary sector practice with youth in conflict with the law. I illustrate how youth penal voluntary sector practice (YPVS) operates alongside, or in tandem with the statutory criminal justice system. I argue that examining the PVS and the statutory criminal justice system simultaneously, or in tandem, provides fuller understandings of PVS inclusionary (and exclusionary) control practices (Tomczak and Thompson 2017). I introduce the concept of penultimate power, which demonstrates the ability of PVS workers to trigger criminal justice system response toward a young person in conflict …

Villains, Morality, And Redemption: A Content Analysis Of Children’S Movies, Iqra Ishaq

Senior Honors Projects

Research on children’s movies has yielded important findings on messaging about gender, race, ethnicity, sexuality, (dis)ability, mental illness, aging, and even death. All of this research has recognized the important role children’s movies play in children’s upbringing and informal education. Not only do children’s movies reflect the commonly-held values of the time, but they impart these values to their audience. Children, as the target audience of these movies, are extremely susceptible to absorbing these values and messages.

My research examines what messages children’s movies impart about villains. It includes a content-analysis of 80 full-length animated movies released by Disney, DreamWorks, …

Is Shaming An Important Moral Tool?, Rachel Robinson-Greene

Languages, Philosophy, and Communication Studies Faculty Publications

Misbehaving students at Washington Middle School last month couldn’t expect their bad behavior to go unnoticed by their peers and teachers. A list titled “Today’s Detention” was projected onto the wall of the cafeteria, making the group of students to be punished public knowledge. This particular incident made local news, but it’s just one instance of a phenomenon known as an “accountability wall.” These take different forms, sometimes they involve displays of grades or other achievements, and sometimes they focus on bad behaviors. The motivation for such public displays of information is to encourage good behavior and hard work from …

Perceptions About Sexual Offenses: Misconceptions, Punitiveness, And Public Sentiment, Laura L. King

Criminal Justice Faculty Publications and Presentations

Decades of research on public opinion about crime reveal varying, yet relatively punitive attitudes that are often riddled with misconceptions. Sparked by the increased media and legislative attention devoted to sex offenders beginning in the 1990s, researchers began to more closely examine public opinion about sexual offenses. Findings suggest the public adheres to several misconceptions about sexual offenses and supports harsh sanctions for offenders. However, further research is warranted to more closely examine the relationships among these variables. Thus, the goal of the present study was to survey Pennsylvania residents to examine the degree to which misconceptions about sexual offenses …

Aging And Blaming In The Criminal Justice System, Rachel Robinson-Greene

Languages, Philosophy, and Communication Studies Faculty Publications

A recent study in the medical journal The Lancet suggests that, if trends hold, 50% of babies born today will live to be over 100 years old. Though long life is typically thought of as a good thing, some of our ordinary practices may need to change to track philosophical and practical challenges posed by longer life spans. In particular, we need to reflect on whether our attitudes about blame and punishment need to be adjusted. For example, last year, John “Sonny” Franzese was released from an American prison at the age of 100. Franzese was sentenced to fifty years …

Capital And Punishment: Resource Scarcity Increases Endorsement Of The Death Penalty, Keelah E. G. Williams, Ashley M. Votruba, Steven L. Neuberg, Michael J. Saks

Department of Psychology: Faculty Publications

Faced with punishing severe offenders, why do some prefer imprisonment whereas others impose death? Previous research exploring death penalty attitudes has primarily focused on individual and cultural factors. Adopting a functional perspective, we propose that environmental features may also shape our punishment strategies. Individuals are attuned to the availability of resources within their environments. Due to heightened concerns with the costliness of repeated offending, we hypothesize that individuals tend toward elimination-focused punishments during times of perceived scarcity. Using global and United States data sets (studies 1 and 2), we find that indicators of resource scarcity predict the presence of capital …

Foreword: Abolition Constitutionalism, Dorothy E. Roberts

All Faculty Scholarship

In this Foreword, I make the case for an abolition constitutionalism that attends to the theorizing of prison abolitionists. In Part I, I provide a summary of prison abolition theory and highlight its foundational tenets that engage with the institution of slavery and its eradication. I discuss how abolition theorists view the current prison industrial complex as originating in, though distinct from, racialized chattel slavery and the racial capitalist regime that relied on and sustained it, and their movement as completing the “unfinished liberation” sought by slavery abolitionists in the past. Part II considers whether the U.S. Constitution is an …

Technologically Distorted Conceptions Of Punishment, Jessica M. Eaglin

Articles by Maurer Faculty

Much recent work in academic literature and policy discussions suggests that the proliferation of actuarial — meaning statistical — assessments of a defendant’s recidivism risk in state sentencing structures is problematic. Yet scholars and policymakers focus on changes in technology over time while ignoring the effects of these tools on society. This Article shifts the focus away from technology to society in order to reframe debates. It asserts that sentencing technologies subtly change key social concepts that shape punishment and society. These same conceptual transformations preserve problematic features of the sociohistorical phenomenon of mass incarceration. By connecting technological interventions and …

Hog Board, Joe Maslanka

Mighty Pen Project Anthology & Archive

A young Marine in training stands up to his drill instructors on behalf of his mother.

Articles, stories, and other compositions in this archive were written by participants in the Mighty Pen Project. The program, developed by author David L. Robbins, and in partnership with Virginia Commonwealth University and the Virginia War Memorial in Richmond, Virginia, offers veterans and their family members a customized twelve-week writing class, free of charge. The program encourages, supports, and assists participants in sharing their stories and experiences of military experience so both writer and audience may benefit.

Hypocrisy And Corruption: How Disparities In Power Shape The Evolution Of Social Control, Omar T. Eldakar, J. Oliver Kammeyer, Nikhil Nagabandi, Andrew C. Gallup

Biology Faculty Articles

Altruism presents an evolutionary paradox, as altruistic individuals are good for the group yet vulnerable to exploitation by selfish individuals. One mechanism that can effectively curtail selfishness within groups is punishment. Here, we show in an evolutionary game-theoretical model that punishment can effectively evolve and maintain high levels of altruism in the population, yet not all punishment strategies were equally virtuous. Unlike typical models of social evolution, we explicitly altered the extent to which individuals vary in their power over others, such that powerful individuals can more readily punish and escape the punishment of others. Two primary findings emerged. Under …

Crimmigration, Deportability And The Social Exclusion Of Noncitizen Immigrants, Shirley P. Leyro, Daniel L. Stageman

Publications and Research

The spread of crimmigration policies, practices, and rhetoric represents an economically rational strategy and has significant implications for the lived experience of noncitizen immigrants. This study draws up in-depth interviews of immigrants with a range of legal statuses to describe the mechanics through which immigrants internalize and respond to the fear of deportation, upon which crimmigration strategies rely. The fear of deportation and its behavioral effects extend beyond undocumented or criminally convicted immigrants, encompassing lawful permanent residents and naturalized citizens alike. This fear causes immigrants to refuse to use public services, endure labor exploitation, and avoid public spaces, resulting in …

Virtual Life Sentences: An Exploratory Study, Jessica S. Henry, Christopher Salvatore, Bai-Eyse Pugh

Department of Justice Studies Faculty Scholarship and Creative Works

Virtual life sentences are sentences with a term of years that exceed an individual’s natural life expectancy. This exploratory study is one of the first to collect data that establish the existence, prevalence, and scope of virtual life sentences in state prisons in the United States. Initial data reveal that more than 31,000 people in 26 states are serving virtual life sentences for violent and nonviolent offenses, and suggest racial disparities in the distribution of these sentences. This study also presents potential policy implications and suggestions for future research.

Justice Perceptions Of Team Disciplinary Actions In The Workplace, Austin Lee Rettke

Masters Theses & Specialist Projects

This scenario study examined fairness perceptions of rule violations and punishment in an organizational team setting. Participants read one of 16 scenarios in which an integral team member violates an organizational rule and subsequently is punished. Participants then answered 12 items assessing perceptions of fairness for the punished employee and for the non-punished team members, and the likelihood the punishment will deter future misconduct for the punished employee and for the teammates. This study examined two levels of misconduct severity (moderate and severe), two levels of punishment severity (moderate and severe), two types of punishment distribution (consistent and conditional), and …

The Just Response To Crime: To Harm Or To Heal?, Matthew M. Silberstein

Philosophy Department Student Scholarship

In the realm of criminal justice, Western society has primarily relied on retributive justice system. A retributive system uses punishment as the standard response to crime. In recent years, some have formulated a different criminal justice system, that of restorative justice. Rather than punishment, restorative justice proponents argue that justice is achieved in the aftermath of crime by healing the trauma incurred by crime. The aim of this project is to articulate the value of restorative justice and evaluate its prospects.

Serano Hosts Public Talk On “Call-Out Culture, Identity Politics, And Political Correctness”, Ryan Cox

Social Justice: Diversity, Equity, & Inclusion

Dr. Julia Serano held a public talk, entitled “A Social Justice Activist’s Perspective on Call-Out Culture, Identity Politics, and Political Correctness” in the Minsky Recital Hall on March 22, 2018, as part of UMaine’s Women’s History Month celebrations. Serano is a writer, performer, biologist, and transgender and bisexual activist, whose works include “Whipping Girl: A Transsexual Woman on Sexism and the Scapegoating of Femininity,” “Excluded: Making Feminist and Queer Movements More Inclusive” and most recently “Outspoken: A Decade of Transgender Activism and Trans Feminism.”

Race And The Extra-Legal Punishment Of Professional Athletes, Samuel V. Bruton, Donald F. Sacco, Earl W. Spurgin, Kori N. Armstrong

2018 Faculty Bibliography

In recent years, major American sports teams and leagues have responded increasingly to players’ off-field, off-court wrongdoing by imposing extra-legal punishments (ELPs) on offending athletes. This paper focuses on an unexplored ethical concern raised by ELPs: teams’ and leagues’ economic incentive for racial bias in the imposed sanctions. In an experimental study, Black and White participants read a series of vignettes about fictional professional athletes who received ELPs for various off-field transgressions. Black participants evaluating punishments imposed on Black athletes found the ELPs inappropriate and overly punitive relative to punishments imposed on White or racially neutral athletes. Conversely, Whites assessing …

The Punishment Marketplace: Competing For Capitalized Power In Locally Controlled Immigration Enforcement, Daniel L. Stageman

Publications and Research

Neoliberal economics play a significant role in US social organization, imposing market logics on public services and driving the cultural valorization of free market ideology. The neoliberal ‘project of inequality’ is upheld by an authoritarian system of punishment built around the social control of the underclass—among them unauthorized immigrants. This work lays out the theory of the punishment marketplace: a conceptualization of how US systems of punishment both enable the neoliberal project of inequality, and are themselves subject to market colonization. The theory describes the rescaling of federal authority to local centers of political power. Criminal justice policy activism by …