Digital Commons Network^™

Contemporary Soviet Criminal Law: An Analysis Of The General Principles And Major Institutions Of Post-1958 Soviet Criminal Law, Chris Osakwe

Georgia Journal of International & Comparative Law

No abstract provided.

Reforming School Discipline, Derek W. Black

Northwestern University Law Review

Public schools suspend millions of students each year, but less than ten percent of suspensions are for serious misbehavior. School leaders argue that these suspensions ensure an orderly educational environment for those students who remain. Social science demonstrates the opposite. The practice of regularly suspending students negatively affects misbehaving students as well as innocent bystanders. All things being equal, schools that manage student behavior through means other than suspension produce the highest achieving students. In this respect, the quality of education a school provides is closely connected to its discipline policies.

Reformers have largely overlooked the connection between discipline and …

Doing A Bid: The Construction Of Time As Punishment, Keesha M. Middlemass, Calvinjohn Smiley

Political Science Faculty Research

Juxtaposing the sociology of time with the sociological study of punishment, we interviewed 34 former inmates to explore their memories of how they constructed time while “doing a bid.” Prison sentences convey macro-political and social messages, but time is experienced by individuals. Our qualitative data explore important theoretical connections between the sociology of time as a lived experience and the temporality of prison where time is punishment. The interview data explores the social construction of time, and our findings demonstrate participants’ use of the language of time in three distinct ways: (a) routine time, (b) marked time, and (c) lost …

Bad Girls In Corsets: Women And The Transgressive Body In The Nineteenth Century, Colleen Warwick Green

Open Access Dissertations

Women, and their bodies, posed an increasing anxiety for Victorian society. Culturally and outwardly, the Victorian era strove to maintain a level of decorum that, increasingly, the nineteenth-century woman were, rebelling against. The urge for women to break through social barriers and constraints binding them to the century created a divergence in thought from the traditional mores of the past, in turn affecting the ways in which womens’ bodies were portrayed, displayed and manipulated by the authors and artists of the century.

As women entered actively entered into spaces once closed to them, they furthered the rift of uncertainty and …

The Effects Of Punishment On Resistance To Change And Reinstatement, Tomesha A. Manora

Dissertations

Resistance to change (RTC) refers to the persistence of behavior when environmental changes disrupt responding. Studies have shown that RTC varies as a function of the reinforcement associated with the context, with higher rates and magnitudes of reinforcement generating greater response persistence. Resistance to change has been shown to be related to reinstatement, or the increase in responding during extinction when responses are followed by noncontingent reinforcement. Little research has investigated whether punishers have equivalent yet opposite effects as reinforcers on response persistence and reinstatement. The present study investigated the effects of electric shock punishment on resistance to change and …

Punishing Genocide: A Comparative Empirical Analysis Of Sentencing Laws And Practices At The International Criminal Tribunal For Rwanda (Ictr), Rwandan Domestic Courts, And Gacaca Courts, Barbora Hola, Hollie Nyseth Brehm

Genocide Studies and Prevention: An International Journal

This article compares sentencing of those convicted of participation in the 1994 genocide in Rwanda. With over one million people facing trial, Rwanda constitutes the world’s most comprehensive case of criminal accountability after genocide and presents an important case study of punishing genocide. Criminal courts at three different levels— international, domestic, and local—sought justice in the aftermath of the violence. In order to compare punishment at each level, we analyze an unprecedented database of sentences given by the ICTR, the Rwandan domestic courts, and Rwanda’s Gacaca courts. The analysis demonstrates that sentencing varied across the three levels—ranging from limited time …

Testing Specific Deterrence In The National Basketball Association: An Application Of Beccaria's Theory Of Deterrence, Michael Mccutcheon

Electronic Theses and Dissertations

While the concept of deterrence has been applied to punishment in America’s criminal justice system, the empirical data is mixed on whether is effectively deters crime. This lack of consensus may be a result of missing elements from deterrence theory; namely, that punishment is often neither swift nor certain. Similar to the criminal justice system, professional sports leagues aim to control behavior of athletes by having guidelines that, when violated, result in punishment. However, these punishments are delivered much quicker and there is a higher level of certainty. The current study examines specific deterrence in the National Basketball Association by …

Innocent Suffering: The Unavailability Of Post-Conviction Relief In Virginia Courts, Kaitlyn Potter

University of Richmond Law Review

This comment examines actual innocence in Virginia: the progress it has made, the problems it still faces, and the possibilities for reform. Part I addresses past reform to the system, spurred by the shocking tales of Thomas Haynesworth and others. Part II identifies three of the most prevalent systemic challenges marring Virginia's justice system: (1) flawed scientific evidence; (2) the premature destruction of evidence; and (3) false confessions and guilty pleas. Part III suggests ways in which Virginia can, and should, address these challenges to ensure that the justice system is actually serving justice.

Criminal Law And Procedure, Aaron J. Campbell

University of Richmond Law Review

No abstract provided.

Staff Responses When Parents Hit Children In A Hospital Setting., Sarah A. Font, Elizabeth T. Gershoff, Catherine A. Taylor, Amy Terreros, Monica Nielsen-Parker, Lisa Spector, Rebecca H. Foster, Ann Budzak Garza, Denyse Olson-Dorff

Manuscripts, Articles, Book Chapters and Other Papers

OBJECTIVE: Physical punishment of children is a prevalent practice that is condemned by most medical professionals given its link with increased risk of child physical abuse and other adverse child outcomes. This study examined the prevalence of parent-to-child hitting in medical settings and the intervention behaviors of staff who witness it.

METHOD: Staff at a children's medical center and a general medical center completed a voluntary, anonymous survey. We used descriptive statistics to examine differences in the experiences of physicians, nurses, and other medical staff. We used logistic regression to predict intervention behaviors among staff who witnessed parent-to-child hitting.

RESULTS: …

Medical Center Staff Attitudes About Spanking., Elizabeth T. Gershoff, Sarah A. Font, Catherine A. Taylor, Rebecca H. Foster, Ann Budzak Garza, Denyse Olson-Dorff, Amy Terreros, Monica Nielsen-Parker, Lisa Spector

Manuscripts, Articles, Book Chapters and Other Papers

Several medical professional organizations, including the American Academy of Pediatrics, recommend that parents avoid hitting children for disciplinary purposes (e.g., spanking) and that medical professionals advise parents to use alternative methods. The extent to which medical professionals continue to endorse spanking is unknown. This study is the first to examine attitudes about spanking among staff throughout medical settings, including non-direct care staff. A total of 2580 staff at a large general medical center and 733 staff at a children's hospital completed an online survey; respondents were roughly divided between staff who provide direct care to patients (e.g., physicians, nurses) and …

Blame The Shepherd Not The Sheep: Imitating Higher-Ranking Transgressors Mitigates Punishment For Unethical Behavior, Christopher W. Bauman, Leigh Plunkett Tost, Ong, Madeline

Research Collection Lee Kong Chian School Of Business

Do bad role models exonerate others’ unethical behavior? Based on social learning theory and psychologicaltheories of blame, we predicted that unethical behavior by higher-ranking individuals changes howpeople respond to lower-ranking individuals who subsequently commit the same transgression. Fivestudies explored when and why this rank-dependent imitation effect occurs. Across all five studies, wefound that people were less punitive when low-ranking transgressors imitated high-ranking membersof their organization. However, imitation only reduced punishment when the two transgressors werefrom the same organization (Study 2), when the transgressions were highly similar (Study 3), and whenit was unclear whether the initial transgressor was punished (Study 5). …

Progressive Alternatives To Imprisonment In An Increasingly Punitive (And Self-Defeating) Society, Sandeep Gopalan, Mirko Bagaric

Seattle University Law Review

Criminal sanctions are a necessary and appropriate response to crime. But extremism, especially when coupled with a slavish and unthinking adherence to traditional practices, nearly always produces unfortunate consequences. Such is the case with the rapid growth in prison numbers in the United States over the past two decades. The prime purpose of imprisonment is to punish serious offenders and to prevent them from reoffending during the period of detention. The overuse of imprisonment has resulted in the violation of the most cardinal moral prohibition associated with imprisonment: punishing the innocent. The runaway cost of the prison budget has resulted …

How The Sentencing Commission Does And Does Not Matter In Beckles V. United States, Leah Litman, Luke C. Beasley

Articles

Two years ago, in Johnson v. United States, the Supreme Court held that the so-called “residual clause” of the Armed Career Criminal Act (ACCA) is unconstitutionally vague. Last spring, the Court made this rule retroactive in Welch v. United States. Then in June, the Court granted certiorari in Beckles v. United States to resolve two questions that have split lower courts in the wake of Johnson and Welch: (1) whether an identically worded “residual clause” in a U.S. Sentencing Guideline—known as the career offender Guideline—is unconstitutionally void for vagueness; and (2) if so, whether the rule invalidating the Guideline’s residual …

Augustine's Punishments, Peter Iver Kaufman

Jepson School of Leadership Studies articles, book chapters and other publications

During Augustine's life, government authorities were generally friendly to the Christianity he came to adopt and defend. His correspondence mentions one imperial magistrate in Africa, Virius Nicomachus Flavianus, a pagan vicar of Africa who seemed partial to Donatist Christians whom Augustine considered secessionists. Otherwise, from the 390s to 430, assorted proconsuls, vicars, and tribunes sent from the imperial chancery and asked to maintain order in North Africa were willing to enforce government edicts against Donatists and pagans. To an extent, Augustine endorsed enforcement. He was troubled by punitive measures that looked excessive to him, yet scholars generally agree with Peter …

"Newspaper Notes, A Continuation: Crime And Punishment." Chronicles Of Smith County, Texas 28 No. 1 (Summer, 1989): 35-53., Vicki Betts

Vicki Betts

No abstract provided.

Legal Anarchism: Does Existence Need To Be Regulated By The State, Sirus Kashefi

PhD Dissertations

This thesis asks does existence need to be regulated by the State? The answer relies on legal anarchism, an interdisciplinary, particularly criminal law and philosophy, and unconventional research project based on multiple methodologies with a specific language. It critically analyzes and consequently rejects State law because of its unjustified and unnecessary nature founded on unlimited violence and white-collar crime (Chapters 1-4), on the one hand, and suggests some alternatives to the Governmental legal system founded on agreement and peace (Chapter 5), on the other hand. It furthermore takes into account the elements of time and space, which means the ecological, …

Neuroimaging And The "Complexity" Of Capital Punishment, O. Carter Snead

O. Carter Snead

The growing use of brain imaging technology to explore the causes of morally, socially, and legally relevant behavior is the subject of much discussion and controversy in both scholarly and popular circles. From the efforts of cognitive neuroscientists in the courtroom and the public square, the contours of a project to transform capital sentencing both in principle and in practice have emerged. In the short term, these scientists seek to play a role in the process of capital sentencing by serving as mitigation experts for defendants, invoking neuroimaging research on the roots of criminal violence to support their arguments. Over …

The Effects Of Racial Bias On Perceptions Of Intimate Partner Violence Scenarios, Batya Yisraela Rubenstein

USF Tampa Graduate Theses and Dissertations

The purpose of this study was to explore how racial bias affects perceptions of intimate partner violence (IPV). Public perceptions of IPV have been studied under numerous contexts to ascertain how characteristics of victim and the offender can affect these attitudes. A portion of this body of research has been dedicated to understanding the role of race in perceptions of IPV and a large portion of the findings have been mixed due to the interaction of biases and attitudes about race and IPV. Very few studies have looked at multiple forms of IPV in comparison with one another while also …

Actions Speak Louder Than Images: The Use Of Neuroscientific Evidence In Criminal Cases, Stephen J. Morse

All Faculty Scholarship

This invited commentary for Journal of Law & the Biosciences considers four empirical studies previously published in the journal of the reception of neuroscientific evidence in criminal cases in the United States, Canada, England and Wales, and the Netherlands. There are conceded methodological problems with all, but the data are nonetheless instructive and suggestive. The thesis of the comment is that the courts are committing the same errors that have bedeviled the reception of psychiatric and psychological evidence. There is insufficient caution about the state of the science, and more importantly, there is insufficient understanding of the relevance of the …

“Criminal Records” - A Comparative Approach, Sigmund A. Cohn

Georgia Journal of International & Comparative Law

No abstract provided.

Neural Changes Associated With Rewards And Punishment Following Ego Depletion Or Boredom, Travis Z. Johnson, Michael Larson, Marina Milyavskaya, Michael Inzlicht

FHSS Mentored Research Conference

Our brain power is exhaustible. We are constantly trying to find ways to perform at our highest levels. There has been research that has shown that willpower--the capacity to exert self-control--is a limited resource that is depleted after exertion of the brain. Many studies have shown the negative effect that depletion has on daily decisions. Depletion can influence our day-to-day choices and actions in a variety of important ways. The neural mechanisms for ego-depletion are relatively unknown so our purpose is to measure the effects of ego-depletion, and then test ways that it can be decreased or reversed, thus finding …

How The Ada Regulates And Restricts Solitary Confinement For People With Mental Disabilities, Margo Schlanger

Other Publications

In a landmark decision two decades ago, United States District Judge Thelton Henderson emphasized the toxic effects of solitary confinement for inmates with mental illness. In Madrid v. Gomez, a case about California’s Pelican Bay prison, Judge Henderson wrote that isolated conditions in the Special Housing Unit, or SHU, while not amounting to cruel and unusual punishment for all prisoners, were unconstitutional for those “at a particularly high risk for suffering very serious or severe injury to their mental health . . . .” Vulnerable prisoners included those with pre-existing mental illness, intellectual disabilities, and brain damage. Henderson concluded that …

Newsroom: Goldstein On Fossil Fuel Fraud Liability 04-12-2016, Edward Fitzpatrick, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

The Territorial Principle In Penal Law: An Attempted Justification, Patrick J. Fitzgerald

Georgia Journal of International & Comparative Law

No abstract provided.

Revising The Bis/Bas Scale To Study Development: Measurement Invariance And Normative Effects Of Age And Sex From Childhood Through Adulthood., David Pagliaccio, Katherine R Luking, Andrey P Anokhin, Ian H Gotlib, Elizabeth P Hayden, Thomas M Olino, Chun-Zi Peng, Greg Hajcak, Deanna M Barch

Brain and Mind Institute Researchers' Publications

Carver and White's (1994) Behavioral Inhibition System/Behavioral Activation System (BIS/BAS) Scales have been useful tools for studying individual differences in reward-punishment sensitivity; however, their factor structure and invariance across development have not been well tested. In the current study, we examined the factor structure of the BIS/BAS Scales across 5 age groups: 6- to 10-year-old children (N = 229), 11- to 13-year-old early adolescents (N = 311), 14- to 16-year-old late adolescents (N = 353), 18- to 22-year-old young adults (N = 844), and 30- to 45-year-old adults (N = 471). Given poor fit of the standard 4-factor model (BIS, …

Speeding, Punishment, And Recidivism – Evidence From A Regression Discontinuity Design, Markus Gehrsitz

Economics Working Papers

This paper estimates the effects of temporary driver's license suspensions on driving behavior. A little known rule in the German traffic penalty catalogue maintains that drivers who commit a series of speeding transgressions within 365 days should have their license suspended for one month. My fuzzy regression discontinuity design exploits the quasi-random assignment of license suspensions caused by the 365-day cutoff and shows that 1-month license suspensions lower the probability of recidivating within a year by 20 percent. This effect is not driven by incapacitation and indicates that temporary license suspensions are an effective tool in preventing traffic transgressions.

Restorative Practices: Righting The Wrongs Of Exclusionary School Discipline, Marilyn Armour

University of Richmond Law Review

The purpose of this article is to explain the pressing need for school-based restorative justice as a philosophy and mechanism to alter increasingly negative school climates, redress educators' retributive orientation to student behavior, and redirect the school-to-prison pipeline. Part I discusses the manifestations ofthe current crisis in education. Although zero tolerance was intended to increase school safety, recent studies attest to the severe iatrogenic consequences including high rates of in-school and out-of-school suspensions, ever-increasing racial disparities in the use of punishment, the misuse of harsh disciplinary procedures with traumatized youth, and growing evidence of educator dropout that parallels the failure …

Over-Disciplining Students, Racial Bias, And The School-To-Prison Pipeline, Jason P. Nance

University of Richmond Law Review

No abstract provided.

Reconceptualizing The Eighth Amendment: Slaves, Prisoners, And Cruel And Unusual Punishment, Alexander A. Reinert

Articles

The meaning of the Eighth Amendment’s Cruel and Unusual Punishment Clause has long been hotly contested. For scholars and jurists who look to original meaning or intent, there is little direct contemporaneous evidence on which to rest any conclusion. For those who adopt a dynamic interpretive framework, the Supreme Court’s “evolving standards of decency” paradigm has surface appeal, but deep conflicts have arisen in application. This Article offers a contextual account of the Eighth Amendment’s meaning that addresses both of these interpretive frames by situating the Amendment in eighteenth and nineteenth-century legal standards governing relationships of subordination.

In particular, I …