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Proportionalities, Youngjae Lee

Notre Dame Law Review Reflection

“Proportionality” is ubiquitous. The idea that punishment should be proportional to crime is familiar in criminal law and has a lengthy history. But that is not the only place where one encounters the concept of proportionality in law and ethics. The idea of proportionality is important also in the self-defense context, where the right to defend oneself with force is limited by the principle of proportionality. Proportionality plays a role in the context of war, especially in the idea that the military advantage one side may draw from an attack must not be excessive in relation to the loss of …

Problem-Solving Courts And The Outcome Oversight Gap, Erin R. Collins

UMKC Law Review

The creation of a specialized, “problem-solving” court is a ubiquitous response to the issues that plague our criminal legal system. The courts promise to address the factors believed to lead to repeated interactions with the system, such as addiction or mental illness, thereby reducing recidivism and saving money. And they do so effectively – at least according to their many proponents, who celebrate them as an example of a successful “evidence-based,” data-driven reform. But the actual data on their efficacy is underwhelming, inconclusive, or altogether lacking. So why do they persist?

This Article seeks to answer that question by scrutinizing …

Preventing Undeserved Punishment, Marah Stith Mcleod

Notre Dame Law Review

Defendants should not be punished more than they deserve. Sentencing scholars describe this precept against undeserved punishment as a consensus norm in American law and culture. Yet America faces a plague of mass incarceration, and many sanctions seem clearly undeserved, often far exceeding an offender’s culpability or the seriousness of an offense. How can a society committed to desert as a limitation on legitimate sanctions allow such undeserved punishments?

Critics argue increasingly that our focus on what offenders deserve is itself part of the problem. They claim that the notion of desert is too amorphous, malleable, and arbitrary to limit …

The Security Period Disrupting The Punishment Conditioning Systems In Algerian And French Laws, Bassim Chihab Prof.

UAEU Law Journal

The security period is one of the topics of criminal law, it was adopted by French law in 1978 It was included in the penal code which entered into force on 1/3/1994. Then other legislation followed and it was adopted in the Algerian penal code by law 06- 23, it was considered by the Gabonese penal code issued on 5/7/2019.

The security period is not a criminal penalty or an aggravating circumstance, it is based on the terms of sentence and imprisonment and targets the systems of execution of the penalty, and it is mandatory by the force of law …

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 Effectiveness Of Behavior Management Systems In Grade 5 Classrooms, Mihaela Colteanu

Master's Theses & Capstone Projects

This action research project, conducted over a 6-week period, aimed to enhance classroom management techniques in response to evolving educational trends which emphasize students' self-regulation and intrinsic motivation. The study focused on a control and experimental group of grade 5 students, implementing two distinct behavior management systems: one grounded in a behavioral approach utilizing rewards and sanctions, and the other based on positive strategies. The researcher, a secondary school English teacher with 8 years international teaching experience, collected data through observations and interviews with former teachers. Even though the initial hypothesis proposed the superiority of a balanced system encompassing both …

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 …

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 …

Significant Others And Students’ Leisure-Time Physical Activity Intention: A Prospective Test Of The Social Influence In Sport Model, Diana L.Y. Su, Alfred S.Y. Lee, Joan S.K. Chung, Tracy C.W. Tang, Catherine M. Capio, Lei Zhang, Derwin K. C. Chan

Health Sciences Faculty Publications

This two-wave prospective study applied the Social Influence in Sport Model to investigate whether the social influences of parents, physical education (PE) teachers, and peers were predictive of students' intention to engage in leisure-time physical activity (PA). Participants were 2,484 secondary school students (11–18 years old) who completed a questionnaire assessing positive influence, punishment, and dysfunction from the three social agents (parents, PE teachers, and peers) at baseline, and PA intention at a 1-month follow-up. Structural equation modelling (SEM) yielded excellent goodness-of-fit and consistent pathways between the three social agents. Students' leisure-time PA intention (R2 =.103 to 0.112) was positively …

Investigation Of Information Security Incidents In The Enterprise, Fayzullajon Botirov

Chemical Technology, Control and Management

This article analyzes the concept of investigating information security incidents and the processes of responsibility for their commission, checking the place where the incident occurred, collecting and storing their data, as well as organizing the investigation of information security incidents at the enterprise.

Contextual Significance Of The Wa In Ancient Egyptian Language, Heba Ragab

Journal of the General Union of Arab Archaeologists

الدلالات السياقية لـ wA في اللغة المصرية القديمة [Ar] وردت كلمة wA في النصوص المصرية القديمة بمرادفات عدة، اختلفت وتنوعت حسب السياق الواردة فيه، حيث أن السياق كان له دور هام في تحديد دلالة الكلمة على وجه الدقة، مما دفع الباحثة إلى تتبع الوجوه الدلالية للـ wA والوقوف على معانيها، حيث تتناول الورقة البحثية التعريف بـالـ wA ومغزاها والمدلولات السياقية المختلفة لهذا اللفظ، وترتكز الورقة البحثية على لعنة الـ wA وكيفية وقوعها على الأشخاص وأسباب التحاقها بهم، ودوافع البعد وذلك من واقع النصوص.

[En] The word wA appeared in ancient Egyptian texts with several synonyms, which differed and varied according …

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 …

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 …

Forced To Play And Forced To Pay: The Indigent Counsel Fee In Massachusetts As A Cost Of Being Charged With A Crime, Stanislaw Krawiecki

University of Massachusetts Law Review

When indigent defendants in Massachusetts are charged with a crime and receive a court-appointed lawyer, they are also charged something else: a fee. This $150 fee is imposed on criminal defendants by the state as soon as they receive a constitutionally guaranteed "free" legal defense. The Article focuses on this inherent contradiction and identifies its far-reaching effects in undermining individuals’ constitutional protections. Massachusetts’s indigent counsel fee "chills" the right to counsel, creating a straightforward result for indigent individuals who are faced with a choice between paying for a "free" lawyer and not disclaiming their constitutional right to one. The deeper …

Penjatuhan Kebiri Kimia Bagi Pelaku Kejahatan Seksual Terhadap Anak Dalam Perspektif Falsafah Pemidanaan, Tunggal S, Nathalina Naibaho

Jurnal Hukum & Pembangunan

Sexual assault against children is an phenomenon that often occurs in Indonesia. The statistic shows that the number of sexual assault against children doesn't decrease significantly. Punishment is not the only way to control the number of sexual assault against children. Then, the goverment passed new regulation that regulating of chemical castration in hope of reducing the number of sexual crimes against children. However, the presence of chemical castration raises objections and differences of opinion in various circles. This research aims to determine the sentencing purpose of chemical castration and the proper sanction for imposing chemical castration in Indonesia. This …

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 …

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 …

Against Capital Punishment, Zac Bright, Ben Austin (Editor)

Brigham Young University Prelaw Review

Capital punishment has a strong legal precedence in the United States. Capital punishment has been a penal option for those who commit conspicuously wrong acts. For such acts, the punishment seems to be proportional to the crime. In addition to the punishment’s adherence to proportionality, capital punishment mitigates problematic outcomes.

This paper advocates, however, that capital punishment should be classified as “cruel and unusual punishment.” Such violation of the eighth amendment delegitimizes capital punishment. Consequently, The Federal Death Penalty Act of 1994 should no longer be considered a valid law because of its constitutional violation.

Less Is More?: Accountability For White-Collar Offenses Through An Abolitionist Framework, Pedro Gerson

Faculty Scholarship

White-collar crime is underenforced: not enough cases are brought, not many convictions are secured, and when they are, those who were convicted usually benefit from leniency not seen in other kinds of criminal wrongdoing. Calls for accountability center on strengthening the traditional tools of criminal law enforcement to reach actors that have so far eluded criminal liability. These responses, however, risk further entrenching the systems that have led the United States to mass incarceration and its many real and tangible harms. In this Article, I question whether an abolitionist framework is possible for white-collar crime. First, I argue that given …

"I Feel Love": Ḥasdai Crescas On Reward And Punishment, Igor De Souza

Journal of Textual Reasoning

In his work Light of the Lord, Ḥasdai Crescas develops a seemingly naturalistic account of the doctrine of personal reward and punishment. For Crescas, reward and punishment are not doled out by a deity to an individual for fulfilling the mitzvot. Rather, reward or punishment depend on the extent to which an individual exercises will and effort in investigating true beliefs. One is rewarded not merely for accepting true beliefs as such, but more so for assenting to them, a process that involves intention as well as exertion in establishing the truth of those beliefs. Furthermore, one is …

No Sense Of Decency, Kathryn E. Miller

Articles

For nearly seventy years, the Court has assessed Eighth Amendment claims by evaluating “the evolving standards of decency that mark the progress of a maturing society.” In this Article, I examine the evolving standards of decency test, which has long been a punching bag for critics on both the right and the left. Criticism of the doctrine has been fierce, but largely academic until recent years. Some fault the test for being too majoritarian, while others argue that it provides few constraints on the Justices’ discretion, permitting their personal predilections to rule the day. For many, the test is seen …

No Sense Of Decency, Kathryn E. Miller

Washington Law Review

For nearly seventy years, the Court has assessed Eighth Amendment claims by evaluating “the evolving standards of decency that mark the progress of a maturing society.” In this Article, I examine the evolving standards of decency test, which has long been a punching bag for critics on both the right and the left. Criticism of the doctrine has been fierce but largely academic until recent years. Some fault the test for being too majoritarian, while others argue that it provides few constraints on the Justices’ discretion, permitting their personal predilections to rule the day. For many, the test is seen …

The Carceral Home, Kate Weisburd

GW Law Faculty Publications & Other Works

In virtually all areas of law, the home is the ultimate constitutionally protected area, at least in theory. In practice, a range of modern institutions that target private life—from public housing to child welfare—have turned the home into a routinely surveilled space. Indeed, for the 4.5 million people on criminal court supervision, their home is their prison, or what I call a “carceral home.” Often in the name of decarceration, prison walls are replaced with restrictive rules that govern every aspect of private life and invasive surveillance technology that continuously records intimate information. While prisons have always been treated in …

‘I Will Control Your Mind’: The International Regulation Of Brain-Hacking, Thibault Moulin

San Diego International Law Journal

In the near future, the use of neurotechnologies—like brain-computer interfaces and brain stimulation—could become widespread. It will not only be used to help persons with disabilities or illness, but also by members of the armed forces and in everyday life (e.g., for entertainment and gaming). However, recent studies suggested that it is possible to hack into neural devices to obtain information, inflict pain, induce mood change, or influence movements. This Article anticipates three scenarios which may be challenging in the future—i.e., brain hacking for the purpose of reading thoughts, remotely controlling someone, and inflicting pain or death—and assesses their compliance …

Countermajoritarian Criminal Law, Michael L. Smith

Pace Law Review

Criminal law pervades American society, subjecting millions to criminal enforcement, prosecution, and punishment every year. All too often, culpability is a minimal or nonexistent aspect of this phenomenon. Criminal law prohibits a wide range of common behaviors and practices, especially when one considers the various federal, state, and municipal levels of law restricting people’s actions. Recent scholarship has criticized not only the scope and impact of these laws but has also critiqued these laws out to the extent that they fail to live up to supermajoritarian ideals that underlie criminal justice.

This Article adds to and amplifies this criticism by …

Cortex-Wide Response Mode Of Vip-Expressing Inhibitory Neurons By Reward And Punishment, Zoltán Szadai, Hyun-Jae Pi, Quentin Chevy, Katalin Ócsai, Dinu F Albeanu, Balázs Chiovini, Gergely Szalay, Gergely Katona, Adam Kepecs, Balázs Rózsa

2020-Current year OA Pubs

Neocortex is classically divided into distinct areas, each specializing in different function, but all could benefit from reinforcement feedback to inform and update local processing. Yet it remains elusive how global signals like reward and punishment are represented in local cortical computations. Previously, we identified a cortical neuron type, vasoactive intestinal polypeptide (VIP)-expressing interneurons, in auditory cortex that is recruited by behavioral reinforcers and mediates disinhibitory control by inhibiting other inhibitory neurons. As the same disinhibitory cortical circuit is present virtually throughout cortex, we wondered whether VIP neurons are likewise recruited by reinforcers throughout cortex. We monitored VIP neural activity …

Negligence And Culpability: Reflections On Alexander And Ferzan, Mitchell N. Berman

All Faculty Scholarship

Philosophers of criminal punishment disagree about whether infliction of punishment for negligence can be morally justified. One contending view holds that it cannot be because punishment requires culpability and culpability requires, at a minimum, advertence to the facts that make one’s conduct wrongful. Larry Alexander and Kim Ferzan are prominent champions of this position. This essay challenges that view and their arguments for it. Invoking a conceptual distinction between an agent’s being blameworthy for an act and their deserving punishment (or suffering) for that act, it explains that an agent can be blameworthy for negligent conduct, and thus liable to …

Where The Right To Resist Went Wrong, A Critique Of Dworkin’S Theory Of Disobedience, Juan N. Pava

Ephemeris, the Undergraduate Journal of Philosophy

No abstract provided.

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 …