Digital Commons Network^™

Effects Of Persuasive Communication On Intention To Save Energy: Punishing And Rewarding Messages, Michell Patricia Garcia Mera

Theses

Communication can be used to persuade individuals to change their intentions. This study analyzes the use of rewarding and punishing messages for the purpose of changing intention towards energy saving. It also analyzes the use of social and individual rewards and punishments and their effects in motivating behavioral change positively towards energy saving. Results show that while reward and punishment are both effective in manipulating intention positively towards energy saving behaviors, overall there is no significant difference between the two. However, when individual reward was compared to individual punishment, individual punishment was found to be more effective than reward in …

Taking The Punishment Out Of The Process: From Substantive Criminal Justice Through Procedural Justice To Restorative Justice, Brenda Sims Blackwell, Clark D. Cunningham

Clark D. Cunningham

If the punishment is taken out of the process, and the processes of criminal justice become effective at restoration--and if rigorous empirical research might show that a restorative process costs less money and produces greater public safety--that would be a result everyone would embrace.

Dividing Crime, Multiplying Punishments, John F. Stinneford

John F. Stinneford

When the government wants to impose exceptionally harsh punishment on a criminal defendant, one of the ways it accomplishes this goal is to divide the defendant’s single course of conduct into multiple offenses that give rise to multiple punishments. The Supreme Court has rendered the Double Jeopardy Clause, the Cruel and Unusual Punishments Clause, and the rule of lenity incapable of handling this problem by emptying them of substantive content and transforming them into mere instruments for effectuation of legislative will. This Article demonstrates that all three doctrines originally reflected a substantive legal preference for life and liberty, and a …

Evading Miller, Robert S. Chang, David A. Perez, Luke M. Rona, Christopher M. Schafbuch

Seattle University Law Review

Miller v. Alabama appeared to strengthen constitutional protections for juvenile sentencing that the United States Supreme Court recognized in Roper v. Simmons and Graham v. Florida. In Roper, the Court held that executing a person for a crime committed as a juvenile is unconstitutional under the Eighth Amendment. In Graham, the Court held that sentencing a person to life without parole for a nonhomicide offense committed as a juvenile is unconstitutional under the Eighth Amendment. In Miller, the Court held that a mandatory sentence of life without parole for a homicide offense committed by a juvenile is also unconstitutional under …

Does The Punishment Fit The Crime?: A Comparative Note On Sentencing Laws For Murder In England And Wales Vs. The United States Of America, Megan Elizabeth Tongue

Missouri Law Review

This Note explores the differences between the American legal system’s sentencing procedures for murder with the procedures of England and Wales. This Note attempts to determine how this divide occurred and whether the two countries chose the appropriate way to sentence their murderers. In particular, this Note focuses on England’s and Wales’s lack of degrees of murder and the United States’ practice of plea bargaining. Part II discusses the history of American and English criminal law and how these countries similarly evolved from their origins to the late nineteenth century. Part III explores modern criminal law theory progressing from the …

Dave Sprout Second Interview, 2015, Jennifer Thomson

Bucknell: Occupied

Jennifer Thomson, assistant professor of History at Bucknell University, interviews Dave Sprout of the Lewisburg Prison Project. Thomson and Sprout follow up on their March 2015 discussion about the use of force in the Special Management Unit (SMU) of the United States Penitentiary, Lewisburg. Sprout discusses the futility of the program, which involves the lock down of men without any activities or opportunities to engage with the world around them. He describes conditions and raises concern about the psychological impact of punitive social control.

Is Felony Murder The New Depraved Heart Murder: Considering The Appropriate Punishment For Drunken Drivers Who Kill, Dora W. Klein

South Carolina Law Review

No abstract provided.

Sentencing And The Salience Of Pain And Hope, Benjamin Berger

Benjamin L. Berger

What would a jurisprudence of sentencing that was induced from the experience of punishment, rather than deduced from the technocracy of criminal justice, look like? Rather than focusing narrowly on the question of quantum, such a jurisprudence would be concerned with the character and quality of punishment. A fit sentence would account for pain, loss, estrangement, alienation, and other features of the offender’s aggregate experience of suffering at the hands of the state in response to his or her wrongdoing. This would be a broader, more resolutely political conception of criminal punishment. This article shows that the jurisprudence of the …

Constitutional Principles In Substantive Criminal Law, Benjamin L. Berger

Benjamin L. Berger

Since Milsom’s famous dismissal of the “miserable history of crime in England,” criminal law has undergone a revolution in constitutional significance. The rise of rights constitutionalism as the heart of the modern liberal rule of law has given criminal law a new life in which it is subject to substantial justice-based innovation through appeal to the internal and basic norms of the legal system itself. Far from the marginal and exceptional status once ascribed to it by Milsom, this chapter argues that criminal law is now best understood and approached as a species of constitutional reflection. Substantive criminal law has …

Privately Failing: Recidivism In Public And Private Prisons, Lee N. Gilgan

Lee N Gilgan

This study would add to available research regarding recidivism rates following incarceration in private prisons in contrast to incarceration in government-run prisons. This is a non-experimental meta-analysis viewing numerous studies discussing the effects of multiple covariants within public and private prisons. Based on the information and conclusion in these studies, we find that there is little overall consensus concerning the effects of increased privatization on recidivism. While many studies find certain aspects of privatization to have some potential effect on recidivism, there are many other aspects that either are out of scope or have a negative effect on recidivism. However, …

Dying To Appeal: The Long-Lasting And Ineffective Appeal Process Of The Death Sentence, Marlene Brito

Marlene Brito

The appeal process for death sentences in Florida must be revised to correct the ineffectiveness that is currently in place. The long-lasting procedure allows inmates to indefinitely delay their execution and live via the appeal process for over fifteen years because the statute does not provide a definite time limit. The comment discusses the death penalty in the United States, the jury override law and its consequences, the appeal process itself, and proposes an amendment to section 921.141, Florida Statutes.

Seeing Crime And Punishment Through A Sociological Lens: Constributions, Practices, And The Future, Calvin Morrill, John Hagan, Bernard E. Harcourt, Tracey Meares

Calvin Morrill

No abstract provided.

A Welfare Interdependence Approach To Third-Party Punishment, Eric J. Pedersen

Open Access Dissertations

Third-party punishment—the targeted infliction of costs on behalf of another by an unaffected third party—has been demonstrated in several species, including humans. Here I propose that one of the functions of third-party punishment is to deter future harm to victims with whom the punisher’s welfare is interdependent. Additionally, I propose that this function is governed by psychological mechanisms that use internal regulatory variables called welfare trade-off ratios (WTRs) to guide social behavior via their outputs to motivational systems. Specifically, I propose that WTRs are used by the psychological mechanisms that regulate whether witnesses become angry in response to harms imposed …

Punishment By Family And Community In Katherine Anne Porter's Noon Wine, Robert Batey

Akron Law Review

So crime and death permeate Noon Wine, but the novel is also a story of family and community. With evocative detail, Porter portrays the lives and relationships of the defendant Royal Earle Thompson, his wife Ellie, and their sons Arthur and Herbert, who mature from childhood to adolescence during the story. As the novel focuses on the young boys' propensity to play with the prized possessions of the farmhand Olaf Helton, his harmonicas, the reader learns how father, mother, and farmhand (for Helton grows to be "'one of the family"') participate in the trying task of childrearing.

Proportional Response: The Need For More—And More Standardized—Veterans’ Courts, Claudia Arno

University of Michigan Journal of Law Reform

Over the past two decades, judges and legislators in a number of states have recognized significant shortcomings in the ways traditional systems of criminal corrections address cases involving criminal offenders who are veterans of the U.S. armed services. This recognition has come at a time when policy-makers have similarly recognized that, for certain subsets of criminal offenders, “diversionary” programs may achieve better policy results than will traditional criminal punishment. In accordance with these dual recognitions, some states have implemented systems of veterans’ courts, in which certain offenders, who are also U.S. veterans, are diverted into programs that provide monitoring, training, …

Curiosity: Philosophy And The Politics Of Difference, Perry Zurn

College of Liberal Arts & Social Sciences Theses and Dissertations

This dissertation takes the concept of curiosity, typically understood as a purely epistemological issue, and investigates its political stakes. I argue that curiosity is not only an underappreciated method of philosophy but also a critical practice for building inclusive political communities. By analyzing poststructural accounts of curiosityespecially from Michel Foucault and Jacques Derrida-I identify two primary modes of curiosity. First, there is a curiosity that objectifies and often fetishizes what is different, and, second, there is a curiosity that destabilizes and transforms. While philosophy has historically dismissed both in favor of a respectful and reliable wonder, I argue that a …

Punitive Compensation, Cortney E. Lollar

Law Faculty Scholarly Articles

Criminal restitution is a core component of punishment. In its current form, this remedy rarely serves restitution's traditional aim of disgorging a defendant's ill-gotten gains. Instead, courts use this monetary award not only to compensate crime victims for intangible losses, but also to punish the defendant for the moral blameworthiness of her criminal action. Because the remedy does not fit into the definition of what most consider "restitution," this Article advocates for the adoption of a new, additional designation for this prototypically punitive remedy: punitive compensation. Unlike with restitution, courts measure punitive compensation by a victim's losses, not a defendant's …

Dividing Crime, Multiplying Punishments, John F. Stinneford

UF Law Faculty Publications

When the government wants to impose exceptionally harsh punishment on a criminal defendant, one of the ways it accomplishes this goal is to divide the defendant’s single course of conduct into multiple offenses that give rise to multiple punishments. The Supreme Court has rendered the Double Jeopardy Clause, the Cruel and Unusual Punishments Clause, and the rule of lenity incapable of handling this problem by emptying them of substantive content and transforming them into mere instruments for effectuation of legislative will.

This Article demonstrates that all three doctrines originally reflected a substantive legal preference for life and liberty, and a …

Public Goods With Punishment & Payment For Relative Rank, Terence C. Burnham

ESI Working Papers

A laboratory experiment designed to investigate the role of relative performance-based payoffs on cooperation in the context of punishment. Subjects play a repeated public goods game with high-powered punishment (50:1) and additional payoffs based on relative performance. Contributions to the public good are nearly maximal. Punishment levels are substantial, higher than the same game without relative rank payoffs, and sufficiently high that total payoffs are negative. The group would make much more money in the same setting without punishment. This study contributes to investigation of the role of altruism in human cooperation.

The History Of Punishment: What Works For State Crime?, Jennifer Marson

The Hilltop Review

The punishment of criminal acts is usually justified utilizing retribution, deterrence, rehabilitation and incapacitation (societal protection). These justifications are often utilized for traditional street crimes such as burglary, assault, and theft. However, state crimes require that punishment be looked at through a different lens, and it is advocated the restorative justice apparatuses potentially offer the best solutions at administering punishment for those who commit state crime.

How Gains And Losses Influence The Brain And Behavior: Relations To Age, Risk For Depression, And Individual Differences, Katherine R. Luking

Arts & Sciences Electronic Theses and Dissertations

Behavioral and neural response to rewards and punishments has been the subject of a growing literature with particular interest within developmental, psychopathology, and individual difference domains. There is now mounting evidence suggesting that adolescents show heightened response to reward relative to adults, and that adolescents with Major Depressive Disorder (MDD), elevated depressive symptoms, or at high-risk for depression show reduced response to reward. However, it is unclear whether similar relations between response to incentives and development/psychopathology are observed during childhood. Here we examine behavioral, neural (functional magnetic resonance imaging - fMRI), and self-reported responsiveness to gain and loss of rewards …

The "Once An Adult, Always An Adult" Doctrine: More Harm Than Good, Kaitlin Pegg

Indiana Journal of Law and Social Equality

This Note focuses on the negative effects of the “once an adult, always an adult” doctrine, one mechanism through which juveniles convicted of a crime can be transferred to adult court. The doctrine, enacted in a majority of states, provides that children who have been previously transferred to adult court by a judge or prosecutor, or because of statutory exclusion of certain crimes from juvenile jurisdiction, will be transferred for all subsequent crimes, regardless of severity.

When juveniles convicted of crimes are transferred to the adult court system, they are subject to a wide array of harsh punishments unavailable in …

The Multiple Middlegrounds Between Civil And Criminal Law, Franklin E. Zimring

Franklin E. Zimring

No abstract provided.

Dangerousness And Criminal Justice, Franklin E. Zimring, Gordon Hawkins

Franklin E. Zimring

No abstract provided.

Assigning Legal Punishment: Individual Differences In Justice Sensitivity And Selective Attention, Emily C. Weinberger

Honors Projects

Selective attention and justice sensitivity (JS), a personality trait reflecting individual differences in perceptions of injustice, have been shown to affect how people assign punishments. In the present study peoples’ decision-making processes were investigated to better understand the inconsistencies in legal punishment decisions, particularly when using retributive versus restorative justice. Subjects participated in three phases of the experiment. First, subjects completed a justice sensitivity scale and then rated the appropriateness of punishment options to handle a criminal scenario. Second, participants’ selective attention was indicated by their recall of pertinent features from three ambiguous criminal scenarios. Finally, participants were primed with …

Book Review: Political Crime In Europe: A Comparative Study Of France, Germany And England. Barton L. Ingraham. University Of California-Berkeley Press, 1979., Albert M. Pearson Iii

Georgia Journal of International & Comparative Law

No abstract provided.

Is It Ethical To Hold A Person Culpable For His Actions If He Cannot Recognize Right And Wrong, Tabitha E.H. Moses

Student Works

The field of neuroscience has opened up a proverbial can of worms when it comes to questions of free will and culpability. The more we know about the mind the more it appears that no one has any real choice in their actions. The ethical implications of this assumption are astronomical. Guilt and culpability come into question; it would seem unjust to punish a person for a crime if he had no choice but to commit it. While these are interesting questions for an ethicist they are impractical for society as they might affect how society functions. As such, the …

Respect My Authority, Keyaisha Nicole Thomas

XULAneXUS

No abstract provided.

From Prosecutorial To Reparatory: A Valuable Post-Conflict Change Of Focus, Nancy A. Combs

Michigan Journal of International Law

The ICC is well known in international legal circles. Indeed, everyone who knows anything about international law knows that the ICC is the acronym for the International Criminal Court, the body charged with prosecuting international crimes around the globe. Created in 2002, the ICC was intended to “put an end to impunity” for the perpetrators of international crimes” and to affirm “that the most serious crimes of concern to the international community as a whole must not go unpunished.”1 Imagine, however, a world where the “ICC” instead was an acronym for the International Compensation Court. That is, what if the …

The Evolutionary Maintenance Of Cooperative Nest Construction In Sociable Weavers (Philetairus Socius), Gavin Mclean Leighton

Open Access Dissertations

The evolutionary maintenance of cooperative behaviors, i.e. those behaviors that increase the fitness of other individuals, is difficult to explain because natural selection should eliminate behaviors that reduce an individual’s fitness. Despite this seeming disadvantage, cooperative behaviors permeate nature; indeed, many of the major evolutionary transitions require cooperation. The prevalence of cooperative behaviors suggests that mechanisms exist that allow for the evolution and maintenance of cooperation. In this dissertation I investigated the cooperative nest construction of sociable weavers Philetairus socius. Sociable weavers are colonial birds that roost and breed in large, communal nests; the communal nests provide thermal buffering, and …