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Legal Punishment As Civil Ritual: Making Cultural Sense Of Harsh Punishment, Professor Spearit

The Bridge: Interdisciplinary Perspectives on Legal & Social Policy

This article is an excerpt American Prisons: A Critical Primer on Culture and Conversion to Islam. The central aim of this chapter is to examine the post-civil rights push toward harsh punishment through the cultural lens of ritual. The United States is one of the most punitive countries on the planet--the country is the world leader in imprisonment and is one of the top five that executes capital defendants. However, determining the catalysts of this turn to harsh punishment has proved vexing. Scholars have adequately explained how the end of the welfare state, followed by a proliferation of drug laws, …

Citizenship And Severity: Recent Immigration Reforms And The New Penology, Teresa A. Miller

Teresa A. Miller

Over the past twenty years, scholars of criminal law, criminology and criminal punishment have documented a transformation in the practices, objectives, and institutional arrangements underlying a range of criminal justice system functions that are at the heart of penal modernism. In contrast to the preceding eighty years of criminal justice practices that were progressively more modern in their belief in the rationality of the criminal offender and their concern for enhancing civilization through rehabilitative responses to criminality, these scholars note that since the mid-198''0s the relatively settled assumptions about the framework that shaped criminal justice and penal practices for nearly …

Punishing Without Free Will, Luis E. Chiesa

Luis Chiesa

Most observers agree that free will is central to our practices of blaming and punishment. Yet the conventional conception of free will is under sustained attack by the so-called determinists. Determinists claim that all of the events that take place in the universe – including human acts – are the product of causally determined forces over which we have no control. If human conduct is really determined by factors that we cannot control, how can our acts be the product of our own unfettered free will and what would that mean for the criminal law? The overwhelming majority of legal …

The Effects Of Delayed Timeout, Delayed Timeout With Rule, And Immediate Timeout On Shape Choosing Behaviors, Mallory Alyse Garrett

Electronic Theses and Dissertations

The possibility of using a delayed consequence has great potential for parents, educators, and behavior analysts who are looking for effective methods to reduce problem behavior. In some situations, it may be difficult or even impossible for caregivers to administer timeout immediately following an instance of problem behavior due to practical constraints (e.g., being in a public place or not having sufficient staffing). In such cases, a delayed timeout procedure could have some advantages. If effective in reducing behavior, delayed timeout would add an important option to the arsenal of professionals tasked with addressing these challenges, particularly in settings where …

Contributions Of Appetitive And Aversive Motivational Systems To Decision-Making, Heather E. Soder

USF Tampa Graduate Theses and Dissertations

Optimal decision-making entails outcome evaluation, comparing received costs and benefits with predicted costs and benefits. The anterior cingulate cortex (ACC), a brain area with major connections to the appetitive and aversive motivation systems, may provide the neural substrate of this evaluation process. One way to measure the relative contribution of these systems on decision-making is to measure individual differences in risk-taking behaviors. For individuals who make risky choices, this evaluation step may be biased: some show a preference for immediate, short-term rewards (increased appetitive system), while devaluing the long-term consequences of their choices (decreased aversive system). However, most studies supporting …

Treating Wrongs As Wrongs: An Expressive Argument For Tort Law, Scott Hershovitz

Articles

The idea that criminal punishment carries a message of condemnation is as commonplace as could be. Indeed, many think that condemnation is the mark of punishment, distinguishing it from other sorts of penalties or burdens. But for all that torts and crimes share in common, nearly no one thinks that tort has similar expressive aims. And that is unfortunate, as the truth is that tort is very much an expressive institution, with messages to send that are different, but no less important, than those conveyed by the criminal law. In this essay, I argue that tort liability expresses the judgment …

A Component Analysis Of Response Interruption And Redirection For Vocal Stereotypy In Children With Autism Spectrum Disorder, Katherine Peña

USF Tampa Graduate Theses and Dissertations

Response Interruption and Redirection (RIRD) was compared to no-interaction, continuous neutral sound, and contingent neutral sound in order to determine the mechanism by which RIRD functions to suppress vocal stereotypy in children diagnosed with autism spectrum disorder. A neutral sound was determined through the use of a preference assessment of various sounds. Use of a neutral sound did not suppress vocal stereotypy in participants. Manipulating the amount of time with a sound playing did not have an effect on vocal stereotypy either. These results suggest that it is unlikely that RIRD suppresses vocal stereotypy through an extinction-like effect. Rather, it …

Rationing Criminal Justice, Richard A. Bierschbach, Stephanos Bibas

Michigan Law Review

Of the many diagnoses of American criminal justice’s ills, few focus on externalities. Yet American criminal justice systematically overpunishes in large part because few mechanisms exist to force consideration of the full social costs of criminal justice interventions. Actors often lack good information or incentives to minimize the harms they impose. Part of the problem is structural: criminal justice is fragmented vertically among governments, horizontally among agencies, and individually among self-interested actors. Part is a matter of focus: doctrinally and pragmatically, actors overwhelmingly view each case as an isolated, short-term transaction to the exclusion of broader, long-term, and aggregate effects. …

Differentiation, Individualization, Execution Of Criminal Punishments And Its Goals: Way To Success, N. Salaev

Review of law sciences

This paper aims to explore the multifaceted meaning of the rational application of spice principles, such as differentiation and individualization in the execution of criminal penalties. The author reported on the reforms in the penitentiary system that is being conducted in Uzbekistan, while at the same time critical analyzing the existing problems in penitentiary legislation and practice. On the basis of scientific analysis, the author gives concrete suggestions and recommendations on the elimination of these problems.

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 …

Weeping And Bad Hair: The Bodily Suffering Of Early Christian Hell As A Threat To Masculinity, Meghan Henning

Religious Studies Faculty Publications

This chapter draws upon the conceptions of gendered bodily suffering found in the ancient medical corpus (Hippocrates, Galen and inscriptions), martyrdom literature, and the Roman judicial rhetoric of punitive suffering to read apocalyptic depictions of bodily suffering as “effeminizing” punishments, which in turn utilized masculinity and bodily normativity to police behavior, and equated early Christian ethical norms with masculinity and bodily “health.” By highlighting the different types of bodies found in these texts, as well as the ways in which Christian norms interacted with Greek and Roman notions of the body, the chapter shows how masculinity and ancient notions of …

Fortifying The Self-Defense Justification Of Punishment, Zac Cogley

Journal Articles

David Boonin has recently advanced several challenges to the self-defense justification of punishment. Boonin argues that the self-defense justification of punishment justifies punishing the innocent, justifies disproportionate punishment, cannot account for mitigating excuses, and does not justify intentionally harming offenders as we do when we punish them. In this paper, I argue that the self-defense justification, suitably understood, can avoid all of these problems. To help demonstrate the self-defense theory’s attraction, I also develop some contrasts between the self-defense justification, Warren Quinn’s better known ‘auto-retaliator’ argument, and desert-based justifications of punishment. In sum, I show that the self-defense justification of …

Fortifying The Self-Defense Justification Of Punishment, Zac Cogley

Zac Cogley

African Americans And Punishment For Crime: A Critique Of Mainstream And Neoliberal Discourses, Jason M. Williams, Nishaun Tarae Battle

Department of Justice Studies Faculty Scholarship and Creative Works

Understandings of punishment within the criminological enterprise have failed to capture the nuances associated with experiencing punishment. Moreover, mainstream academic discourses are inherently anachronistic in their conclusions on punishment, thus leaving significant gaps to be filled. One such gap is that of racialized history. This article attempts to make sense of punishment discourses (past and present) by situating them in their proper context. We argue that punishment, in particular for Blacks, is ideological and longstanding. Moreover, we posit that the prolonged punishment of Blacks is hyper manifested in contemporary society via neoliberal logic that has increasingly disabled race as a …

A Principled Approach To Separating The Fusion Between Nursing Homes And Prisons, Mirko Bagaric, Marissa Florio, Brienna Bagaric

Pepperdine Law Review

Elderly people are a far lower risk to community safety than other individuals. Despite this, elderly prisoners are filling prisons at an increasing rate. The number of elderly prisoners in the United States has increased more than fifteen-fold over the past three decades—far more than the general imprisonment rate. This trend is empirically and normatively flawed. Older offenders should be treated differently from other offenders. The key reason for this is that elderly offenders reoffend at about half the rate of other released prisoners, but the cost of incarcerating the elderly—due to their more pressing health needs—is more than double. …

Trending @ Rwu Law: Dean Yelnosky's Post: Chelsea Manning, Professor David Coombs, And The "Wikileaks Trial" 08-28-2017, Edward Fitzpatrick, Roger Williams University School Of Law

Law School Blogs

No abstract provided.

Fragmentation And Democracy In The Constitutional Law Of Punishment, Richard A. Bierschbach

Northwestern University Law Review

Scholars have long studied the relationship of structural constitutional principles like checks and balances to democracy. But the relationship of such principles to democracy in criminal punishment has received less attention. This Essay examines that relationship and finds it fraught with both promise and peril for the project of democratic criminal justice. On the one hand, by blending a range of inputs into punishment determinations, the constitutional fragmentation of the punishment power can enhance different types of influence in an area in which perspective is of special concern. At the same time, the potentially positive aspects of fragmentation can backfire, …

Victimhood & Agency: How Taking Charge Takes Its Toll, Pam A. Mueller

Pepperdine Law Review

This Article addresses an unexplored tension in the civil justice system regarding victims. The goal of the civil system is to make victims whole. We can, as is most common, attempt to do this financially, or we can consider psychological research that suggests there may be other ways of restoring victims’ statuses. One of the most common nonfinancial solutions is to increase victim participation in the justice process. This is a solution that appeals to many victims and may benefit them psychologically. However, by increasing their participation, they may unknowingly trade off some of the benefits of victimhood. For instance, …

Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.

Newsroom: As Manning Released, Trial Attorney Coombs Looks Back On Case, Looks Forward To Teaching Again At Rwu Law 05-17-2017, Edward Fitzpatrick

Life of the Law School (1993- )

No abstract provided.

Finding A Right To Remain: Immigration, Deportation, And Due Process, Simon Y. Svirnovskiy

Northwestern Journal of Law & Social Policy

No abstract provided.

The Sounds Of Silence; Or, Isabella’S Counter Discourse In Measure For Measure, Gina Vivona

Theses and Dissertations

This argument reshapes the thinking about masculine dominance in Measure for Measure, and considers the patriarchy as a series of socially constructed, hence artificial, rules and regulations. It also explores how Isabella’s discourse and celibacy empower her to defy the constraints of early modern paradigms and achieve individual freedom.

The Crime And The Criminal: Perceptions Of Crime Seriousness, Amanda Stephens

Honors College

Crime in the United States has been and will continue to be a public problem (Saad, 2007). Thus, it is important to know how the public perceives different types of crime. For the focus of this study, perceptions of crime seriousness will be analyzed based on the race of the criminal and the type of crime committed (white-collar vs. non-violent property crime) as the variables of interest. This exploratory research will be used to discover the relationship between the factors of a specific crime and the public’s perception of the seriousness of that crime in terms of seriousness and punishment. …

Gender, Punishment, And Cooperation: Men Hurt Others To Advance Their Interests, Terence C. Burnham

ESI Working Papers

A laboratory experiment that reports on gender, cooperation, and punishment in two repeated public goods game using high-powered punishment. In a repeated public goods game with punishment, no statistically significant differences between men and women are reported. In a modified game that adds an explicit payoff for relative performance, men punish more than women, men obtain higher rank, and punishment by males decreases payoffs for both men and for women. These results contribute to the debate about the origins and maintenance of cooperation.

Crimmigration: The Missing Piece Of Criminal Justice Reform, Yolanda Vazquez

University of Richmond Law Review

This article discusses the impact that the incorporation of migration enforcement has had on the criminal justice system and the way in which it has exacerbated pre-existing problems within it. Part I discusses the drastic expansion of the criminal justice system over the last forty years and the fiscal and moral costs it has had. Part II discusses how crimmigration has impacted the criminal justice system, its laws, policies, and practices during the last thirty years. Part III discusses the rise of the Smart on Crime movement and the goals of the criminal justice reform efforts to combat its detrimental …

Virginia Executioner To Wear A Cloak: Diversion From The Real Controversy, Paul G. Gill

University of Richmond Law Review

No abstract provided.

A Meaningful Opportunity For Release: Resentencing Hearings For Juvenile Offenders Sentenced To Life Without Parole Following Aiken V. Byars, Robert M. Dudek

South Carolina Law Review

No abstract provided.

Flying Over The Cuckoo's Nest: How The Mentally Ill Landed Into An Unconstitutional Punishment In South Carolina, Elle Klein

South Carolina Law Review

No abstract provided.

Reductions In Mesolimbic Dopamine Signaling And Aversion: Implications For Relapse And Learned Avoidance, Mykel A. Robble

Dissertations (1934 -)

The ability to adjust behavior appropriately following an aversive experience is essential for survival, yet variability in this process contributes to a wide range of disorders, including drug addiction. It is clear that proper approach and avoidance is regulated, in part, by the activity of the mesolimbic dopamine system. While the importance of this system as a critical modulator of reward learning has been extensively characterized, its involvement in directing aversion-related behaviors and learning is still poorly understood. Recent studies have revealed that aversive stimuli and their predictors cause rapid reductions in nucleus accumbens (NAc) dopamine concentrations. Furthermore, a normally …

Does Hard Incompatibilism Really Abolish ‘Right’ And ‘Wrong’? Some Thoughts In Response To Larry Alexander, John A. Humbach Mr.

Elisabeth Haub School of Law Faculty Publications

In a challenge to recent writings of Derk Pereboom and Gregg Caruso,3 Larry Alexander makes the following claim: If one accepts the Pereboom-Caruso “hard incompatibilist” view of choice, which regards blame and retributive punishment as morally unjustified because free will is an illusion, then “normativity completely disappears.” In making this claim, Professor Alexander appears to hold that the moral distinction between right and wrong conduct (“normativity”) cannot effectively exist unless those who do wrong “deserve” to receive blame and punishment in response to their misbehavior. This is not, however, necessarily so.