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Beyond Punishment: A Critical And Interpretive Phenomenology Of Accountability, Cameron Rasmussen

Dissertations, Theses, and Capstone Projects

State responses to interpersonal violence in the US have long been focused on punishment and prison. While opposition to punitive responses to interpersonal violence has been marginal, there are small but growing efforts to challenge the primacy of punishment and incarceration. In its place, different non-punitive approaches to justice have been practiced and promoted including restorative justice and transformative justice, which see accountability, not punishment, as a primary goal. Accountability has been theorized and researched largely from the perspective of survivors of harm, and there is limited research on the experiences of people who have caused harm and engaged in …

Getting What You Deserve: A Philosophical And Sociological Analysis Of Punishment In America, Haley Martuscello

Honors Theses

The U.S. Penal System is known to be one of the most punitive punishment systems in the world. Many discussions around the system's approach to punishment have often used either a sociological framework or philosophical one, but rarely use both. The purpose of this thesis is to use philosophical theories of punishment and sociological observations of the current U.S. penal system to appropriately analyze the system and determine what kind of approach to punishment the system uses and what approach it should use. To do so, the thesis lays the groundwork for such analysis by establishing that the purposes of …

Effects Of Corporal Punishment On Parents, David Martinez, Linda Saleh Borghol

Electronic Theses, Projects, and Dissertations

There has been limited research regarding the effects of corporal punishment on parents. This qualitative study examined the effects of corporal punishment on parents and the reasoning behind their particular discipline practices. The study provides an overview of the thoughts and emotions parents feel before and after utilizing corporal punishment. The data were collected through interviews of parents who utilized corporal punishment as their main form of discipline. We interviewed parents through Zoom meetings in order to gather data that would help this study. Researchers interviewed eight parents who expressed the effects they experienced from utilizing corporal punishment. Analysis of …

Teachers’ Perceptions Of The Effectiveness And Use Of Behavior Management Strategies, Lucia Mariah Smith-Menzies

Electronic Theses, Projects, and Dissertations

Research indicates that punitive school discipline practices are ineffective and continue to marginalize students of color and students with disabilities. Historical and societal conceptions of punishment offer insight as to why these punitive practices persist. The legacies of school discipline and how teachers understand the role of punishment have implications for which behavior management strategies are employed in the classroom. This study examined the relationship between teacher perceptions of the effectiveness and use of behavior management strategies, their opinions of the utility of punishment, and their understanding of the outcomes of punishment. Descriptive analyses, an analysis of variance and correlational …

The Reception Of Isaiah's Suffering Servant In Thomas Aquinas' Theology Of The Cross, Daniel Waldow

Electronic Theses and Dissertations

This dissertation is a quantitative and qualitative analysis of Thomas Aquinas' reception of Isaiah 53 throughout his major works of theology.

Juvenile Life Without Parole: Exposing The Parallels Between Juvenile Offenders And Those Who Sentence Them, Autumn Fortenberry

Honors Theses

This thesis will discuss Juvenile Life Without Parole sentencing (JLWOP) from three perspectives: (1) the evolving standard of decency as developed through relevant U.S. Supreme Court cases; (2) the cognitive and psychosocial development of adolescents that creates reduced culpability in juvenile offenders; and (3) the justifications and implications of punishment as-applied to juvenile offenders. In my fourth chapter, I argue that JLWOP sentencing disregards the humanity and transformable nature of juvenile offenders. I will then draw a parallel between the implications of a juvenile offender's underdeveloped cognitive functions on their decision-making processes and the implications of a trial judge's underdeveloped …

Punishment And Choice, Rafaela M. Fontes

All Graduate Theses and Dissertations, Spring 1920 to Summer 2023

Punishment is defined as a consequence that decreases the frequency of behavior that produces it and is an important behavior regulation mechanism for learning to stop engaging in maladaptive behavior. Punishment has implications for behavioral disorders and treatments and plays an important role in both programmed and natural contingencies. Despite the clear relevance of punishment for behavioral regulation, little is known about how punishment works. Furthermore, punishment research has been in evident decline, leaving important empirical and theoretical gaps in the literature. Therefore, the overall goal of the present set of studies is to fill in some of these gaps. …

An Examination Of The Relationship Between Childhood Punishment And Adult Ipv, Anna G. Griffith

Honors College Theses

The goal of this project is to examine the relationship between childhood punishment and experiencing intimate partner violence (IPV) as an adult. Using an anonymous, self-report survey, students from Georgia Southern University were asked about their experiences with IPV, as well as their experiences of childhood punishment administered by both mother and father. The results show that children who receive corporal, verbal, and emotional punishment from their mother are more likely to experience all forms of IPV later in life. When analyzing the same relationships with fathers, corporal punishment is not associated with IPV while verbal and emotional punishment is.

Juvenile Solitary Confinement And The Eighth Amendment, Taylor R. Graves

Honors Thesis

This literature review examines the practice of juvenile solitary confinement, applies the United States Supreme Court’s Eighth Amendment jurisprudence, argues that the practice should be declared unconstitutional as a violation of the Eighth Amendment, and calls for a categorical ban. The Cruel and Unusual Punishment Clause of the Eighth Amendment states, “nor [shall] cruel and unusual punishments [be] inflicted.” U.S. Const. amend. VIII. Juvenile solitary confinement is cruel and unusual, in violation of the Eighth Amendment, because juveniles are different. The United States Supreme Court has long recognized that juveniles should not be held to the same standards of …

The Philosophy Of Punishment: An Analysis Of Criminal Punishment In The Context Of Moral Justice, Bailey Mckeon

Senior Theses and Projects

No abstract provided.

A Study Of The Punishment Of Crimes By Us Federal Legislators From 1798 To 2016, Kenneth J. Grossberger

Dissertations, Theses, and Capstone Projects

Public distrust of government has increased because of the criminal behavior of federal legislators over time, due, at least in part, to the political effects on Congress (which causes confrontation and accusation), and therefore it is critical to study how Congress deals with the corruption of its members. This study examines the punishment of U.S. federal legislators for criminal corruption in the context of time. This was accomplished by collecting and analyzing original data by means of the multiple methods of binomial logistic regressions and content analysis. The results showed that several variables were predictive of the criminal justice and …

When Punishment Doesn’T Work: The Ideology And Infrastructure Of Restorative Justice In Public Schools, Anna R. Schupack

Senior Projects Spring 2022

Using interview data collected over a span of three months, this project serves as a case study and critique of the recent orientation toward restorative justice as an alternative to a punitive orientation and as a means to address racially disproportionate suspension rates in schools. In this paper, I argue that the attempts we see today to address disproportionate suspension rates and opt for less punitive methods of governance, in general, do little to undo a history of punitive discipline which upholds racial, economic, and gendered hierarchies. I am less concerned with the individual intention of every actor within the …

A Criticism Of Retributivism: Identifying The Unavoidable And Undesirable Consequences Of Accepting Of Not Accepting “Ought Implies Can”, Samantha Bloomfield

Scripps Senior Theses

Retributivism makes two claims: the guilty deserve to be punished in proportion to their culpability, and the innocent deserve not to be punished. Through a discussion of our ineliminable susceptibility to luck, our inability to avoid epistemic fallibility, and the implications of either accepting or not accepting Ought Implies Can, I aim to identify retributivism as an inept moral theory.

Deterrence And The Death Penalty: A Study Of The Effects Of Capital Punishment On Homicide, Jacob Stump

Williams Honors College, Honors Research Projects

The death penalty receives an abundance of criticism within the United States, as critics argue it to be cruel and an unjust form of punishment. As the debate carries on and more states illegalize the death penalty, the largest point of contention centers on the question: to what extent does the death penalty deter homicides from occurring? This analysis is critical to the implementation of the death penalty, as many legal scholars cite its ability to deter to be its strongest argument for persisting. Ultimately, any argument that undermines this theory provides a greater incentive for abolition, as the death …

Breaking Free: Detectives Let The Guilty Walk, Cassandra Holcombe

All Master's Theses

In a genre like detective fiction, known for affirming social order, the refusal to enforce rule of law seems like an anomaly. The number of famous detectives who have let a perpetrator go suggests that release of suspects is not a break in genre conventions, but is a wider pattern that needs to be acknowledged. This study investigates that pattern by measuring the complexity of thirteen detectives: eleven of whom release perpetrators and two of whom do not, to serve as a control group. The higher the complexity of the character, the more human the character seems to be. The …

Reincarnation And Rehabilitation: The Theodicy Of Plato's Timaeus, John Garrett

Philosophy Theses

Plato wonders why a good God might allow the existence of evil. This problem is especially pertinent to his dialogue Timaeus, in which Plato describes the creation of the cosmos by a benevolent divine craftsman called the Demiurge. A justification for why God allows evil to exist is called a theodicy. Readers of the Timaeus have interpreted the theodicy of this dialogue in many ways. After showing the shortcomings of some common interpretations, I offer a largely original interpretation of the theodicy of the Timaeus. I claim that in the Timaeus evil is caused by conflict between souls, and this …

The Student Experience In A Covid-19 World: An Ethnographic Inquiry Into The Experience Of Butler University Students During A Pandemic, Ben Christopher Martella

Undergraduate Honors Thesis Collection

With the abrupt closing of colleges across the United States in the spring of 2020 due to the COVID-19 pandemic and subsequent reopening in the fall of 2020, students in higher education were among some of the most affected group of individuals. In this ethnographic study, data was collected and analyzed based on student experience with COVID-19 at Butler University. The study aims to answer the research questions: How are students at a small midwestern university experiencing COVID-19? What impact are the university’s mitigation efforts having on students? How do students understand and describe University public health measures? Participant observation, …

Nietzsche On Criminality, Laura N. Mcallister

USF Tampa Graduate Theses and Dissertations

In Nietzsche scholarship, little has been done regarding Nietzsche’s reflections on penology and criminology. This dissertation aims to critically examine Friedrich Nietzsche’s thoughts on justice, punishment, and the criminal and to show that his interest in these topics runs throughout his writings. Nietzsche attacked the tradition of Western justice theory and the idea that justice consists in giving each their due. I argue that in place of this notion of justice, he puts forth a non-metaphysical, naturalistic account of justice that refuses to judge and hold man accountable. In addition, I explicate Nietzsche’s passionate critique of punishment, which stops short …

The Effects Of Virtual Panopticism, Emma E. East

Selected Honors Theses

As technology further integrates into everyday life, the effects of technological advancement surface. The research contained in this thesis places philosopher Michel Foucault’s ideas of the panoptic, discipline, punishment and a carceral society in a virtual reality thus creating a virtual panopticon. Adapting Foucault’s theories to the present-day technological climate allows researchers to begin understanding the why behind humans’ interactions with various forms of technology (e.g. iPhone usage, Smart TVs, online banking, Alexa/Echo, etc.). Additionally, virtual panopticism sheds light on the corruption of those who manipulate information online to wield power, maintain control and make money. I discuss surveillance capitalism …

Implications Of Fraud Detection Decisions, Marie Rice

Graduate Theses, Dissertations, and Problem Reports

This dissertation is comprised of three studies that examine the implications of fraud detection decisions. The first study examines whether auditors’ mindfulness practices influence their ability to accurately detect fraud risk factors. The second study evaluates whether organization type influences whether and how perpetrators are punished. The third study evaluates whether management’s decision to increase controls when fraud occurs has unintended negative consequences for other employees. Together, these studies contribute to accounting literature related to fraud detection.

Let The Punishment Fit The Crime: How Retributive Fairness Perceptions Influence Observers’ Tax Compliance Intentions, Tisha King

Theses and Dissertations (Comprehensive)

The purpose of my research is to investigate how perceptions of retributive justice influence tax compliance. I address this objective by proposing two research questions: (1) How do taxpayers perceive the propriety of punishment for tax evasion? (2) How and when are observers’ compliance intentions influenced by perceptions of fairness disclosures about a specific retributive outcome, and the presence of a fairness-relevant disclosure?

To address the first research question, I conduct a survey of 331 adult Canadian taxpayers to ascertain the extent to which taxpayers perceive punishments for tax evasion as fair or unfair. I find that an appropriate punishment …

Prison, Punishment, And Premature Death: Group-Differentiated Health Impacts Of Incarceration During The Covid-19 Pandemic, Valentina Czochanski

UVM Honors College Senior Theses

This project explores concepts surrounding prison, punishment, vulnerability to premature death and morbidities, and the power to influence vulnerability to premature death. During the COVID-19 pandemic, correctional and detention facilities were particularly vulnerable to the spread of the coronavirus, and between staff members and those incarcerated within these facilities, incarcerated people were the most vulnerable to COVID-19. This project explores the following questions: What are the collateral health consequences of carceral punishment and how does COVID-19 illuminate those consequences? What was the impact of COVID-19 on incarcerated individuals and what does that mean in relation to disproportionate health effects within …

“Just Give Us A Chance”: Supports And Challenges To Maintaining Employment As Experienced By People Who Have Been In Prison, Amy Moore

Theses and Dissertations (Comprehensive)

People who have been in prison tend to struggle to find meaningful employment (Opsal, 2012). While research delves into the topic of how criminalized people attain employment (Ricciardelli & Mooney, 2017; Anazodo et al., 2017), there is little known about their experiences maintaining employment. Therefore, the objective of this study is to identify the supports and challenges to maintaining employment after release from a Canadian women’s federal prison.

Following Research Ethics Board (REB) approval, semi-structured interviews lasting up to 90 minutes were completed with each of six participants. Participants included two Indigenous women, three White women, and one White transgender …

Refinement Of The Spitefulness Construct, Arturo Covarrubias-Paniagua

Electronic Theses, Projects, and Dissertations

In this research we reviewed the current definition of Spite in the psychology field and the current and historical definitions of Spite in other related fields. Given the narrow contemporary definition of spite used by psychological researchers, the first aim of this study was to provide a comprehensive and refined conceptualization of spite that differentiates it from similar aggressive behaviors, along with delineating conditions in which spite may arise. The second aim of this study was to create a measure of trait spitefulness and a measure of engagement in spiteful behaviors. A total of 156 respondents participated in this study, …

Cross-National Incarceration Rates As Behavior Of Law, Christopher J. Marier

USF Tampa Graduate Theses and Dissertations

Incarceration rates vary substantially around the world. However, systematic cross-national comparisons examining such variation are rare. Using Donald Black’s theory of law, and further informed by other theories in the sociology of punishment with conceptual overlap, the purpose of this study is to evaluate the structural and cultural factors that influence incarceration rates around the world. Using data from the World Prison Brief, World Values Survey, CIA World Factbook, and other international datasets, this study evaluates a series of ordinary least squares regressions in 66 nations. This study is one of few macrosocial tests of Black’s theory of law to …

Perceptions And Punishment Of Human-Animal Altercations, Adriana C. Mata Guidi

Honors Undergraduate Theses

Humans and animals have a widely varying relationship which has been studied at length. Examining our interactions with animals in negative contexts can help us further understand the factors that’s influence the nature of the human-animal relationship, particularly with our most popular companion animals. This study continues the use of a jury design, previously used in studies regarding animal abuse, to examine responses to a scenario of an altercation resulting in a dog biting a person. In this study, 243 undergraduate students read the scenario presented to them and completed a survey examining their judgements of blame and punishment for …

Suffrage Over Suffering: How Disenfranchisement Erodes The Legitimacy Of Democratic Punishment, Kendall Hollimon

CMC Senior Theses

In this thesis I analyze both retributive and consequentialist justifications for punishment to understand the foundation for disenfranchisement as punishment. I then argue that although some of these justifications can condone disenfranchisement, the practice of disenfranchising criminals damages the democratic process, thus delegitimizing the punishments that societies democratically decide to impose.

Constructing Guilt, Obstructing Truth: How The Spectacle Of Wrongful Conviction Reveals And Magnifies Fundamental Flaws In The Criminal Justice System, Fiona Marie Hession

Senior Projects Spring 2020

Senior Project submitted to The Division of Social Studies of Bard College.

Canine And Criminal Bias: The Relationship Between Stereotypes And Perceptions Of Punishment, Jamie I. Thomas

Graduate Research Theses & Dissertations

In this thesis I provide an analysis of punitive perceptions of animal crimes and argue that the lack of value seen in animal’s lives affects perceptions of punishment for animal crimes. Specifically, I examine the role of animal attitudes and race on perceptions of crimes against dogs and will address the following question with a vignette survey design: How do racial stereotypes interact with dog breed stereotypes when considering punishment for animal crime? This research expands on factors that influence perceptions of punishment of animal crime, including racial differences that may affect attitudes about animals. This study contributes to the …

Aristotle And Mutual Accountability: A Just Theory Of Punishment, Dina Rosin

CMC Senior Theses

How can citizens of a moral community both be held accountable and be accountable for their actions and their character? What is the role of both the state and the citizen in restoring accountability? In this thesis, I apply Aristotle’s conception of virtue to Stephen Darwall and William Darwall’s mutual accountability framework for punishment. I present a theory of punishment that creates an obligation on both the state and the citizen to uphold virtue and be accountable, and posits rehabituation of character as a necessary component of maintaining mutual accountability. I then apply this theory to a paradigmatic case that …