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Articles 1 - 17 of 17
Full-Text Articles in Entire DC Network
Coordinating Compliance Incentives, Veronica Root
Coordinating Compliance Incentives, Veronica Root
Veronica Root
In today’s regulatory environment, a corporation engaged in wrongdoing can be sure of one thing: regulators will point to an ineffective compliance program as a key cause of institutional misconduct. The explosion in the importance of compliance is unsurprising given the emphasis that governmental actors — from the Department of Justice, to the Securities and Exchange Commission, to even the Commerce Department — place on the need for institutions to adopt “effective compliance programs.” The governmental actors that demand effective compliance programs, however, have narrow scopes of authority. DOJ Fraud handles violations of the Foreign Corrupt Practices Act, while the …
Connecting The Disconnected: Communication Technologies For The Incarcerated, Neil Sobol
Connecting The Disconnected: Communication Technologies For The Incarcerated, Neil Sobol
Neil L Sobol
Incarceration is a family problem—more than 2.7 million children in the United States have a parent in jail or prison. It adversely impacts family relationships, financial stability, and the mental health and well-being of family members. Empirical research shows that communications between inmates and their families improve family stability and successful reintegration while also reducing the inmate’s incidence of behavioral issues and recidivism rates. However, systemic barriers significantly impact the ability of inmates and their families to communicate. Both traditional and newly developed technological communication tools have inherent advantages and disadvantages. In addition, private contracting of communication services too often …
Privately Failing: Recidivism In Public And Private Prisons, Lee N. Gilgan
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, …
The Homicide Survivors’ Fairness-For-Victims Manifesto, Lester Jackson
The Homicide Survivors’ Fairness-For-Victims Manifesto, Lester Jackson
LESTER JACKSON
Murderer advocates place a far greater value on the lives of the most savage murderers than on the lives of their victims. Let them deny it; their words and deeds conclusively give the lie to that denial. The critical question is this: Whose concept of justice is going to prevail? The concept of a small but vocal well-financed minority with influence and power out of all proportion to its numbers, or that of the large but poorly financed and disorganized majority. In recent decades, the former have dominated. Tragically, compared to media-dominant murderer advocates, victims have been virtually voiceless. Yes, …
The Future Of Sex Offense Courts: How Expanding Specialized Sex Offense Courts Can Help Reduce Recidivism And Improve Victim Reporting, Catharine Richmond, Melissa Richmond
The Future Of Sex Offense Courts: How Expanding Specialized Sex Offense Courts Can Help Reduce Recidivism And Improve Victim Reporting, Catharine Richmond, Melissa Richmond
Catharine Richmond
Specialty sex offense courts are a nascent judicial innovation that seek to improve general public safety through reducing recidivism. Decreased recidivism results from swifter, personalized, experienced, and consistent judicial action that encourages sex offenders to take more responsibility and seek rehabilitative assistance. In these specialized courts, communities of stakeholders work collaboratively to prevent future crime. Although somewhat counterintuitive, specialty courts that offer such intensive and specific attention are often more cost effective and efficient than their traditional counterparts. This Note argues that sex offense courts should be expanded beyond the handful of jurisdictions where they currently exist, not only to …
Risk Factors For Recidivistic Arson In Adult Offenders, Rebekah Doley, Kenneth Fineman, Katarina Fritzon, Mairead Dolan, Troy E. Mcewan
Risk Factors For Recidivistic Arson In Adult Offenders, Rebekah Doley, Kenneth Fineman, Katarina Fritzon, Mairead Dolan, Troy E. Mcewan
Katarina Fritzon
This article reviews the current literature on known risk factors for recidivistic arson, with a particular focus on factors that could be used to differentiate serial from ‘‘oneoff’’ arson offenders. The relevance of risk factors for general reoffending to recidivistic arson is discussed, including the role of criminal history, mental illness, and sociodemographic factors. The specific roles of offence-related affect, cognitions, and the offender’s interest in fire are considered, with recommendations for how theories from other areas of forensic psychology, such as the sex offender assessment and treatment literature, might be applied to the issue of deliberate fire-setting. Finally, protective …
Creating Hope: Mental Health In Western Australian Maximum Security Prisons, Jennifer Fleming, Natalie Gately, Sharan Kraemer
Creating Hope: Mental Health In Western Australian Maximum Security Prisons, Jennifer Fleming, Natalie Gately, Sharan Kraemer
Natalie Gately Dr
The status of prisoners’ mental health has wide-reaching implications for prison inmates, prison authorities and institutions, and the general community. This paper presents the mental health findings from the 2008 Health of Prisoner Evaluation (HoPE) pilot project in which 146 maximum security prisoners were interviewed across two prisons in Western Australia. Results revealed significant discrepancies across gender and Indigenous status regarding the history and treatment of mental health complaints, use of prescribed psychiatric medication, and experience of psychosocial distress. Illicit drug use and dependency, as well as patterns of self-harm and suicide are also reported. These findings highlight that imprisonment …
Empirical Fallacies Of Evidence Law: A Critical Look At The Admission Of Prior Sex Crimes, Aviva A. Orenstein
Empirical Fallacies Of Evidence Law: A Critical Look At The Admission Of Prior Sex Crimes, Aviva A. Orenstein
Aviva A. Orenstein
In a significant break with traditional evidence rules and policies, Federal Rules of Evidence 413-414 allow jurors to use the accused's prior sexual misconduct as evidence of character and propensity to commit the sex crime charged. As reflected in their legislative history, these propensity rules rest on the assumption that sexual predators represent a small number of highly deviant and recidivistic offenders. This view of who commits sex crimes justified the passage of the sex-crime propensity rules and continues to influence their continuing adoption among the states and the way courts assess such evidence under Rule 403. In depending on …
La Bodega De La Familia: Supporting Parolees' Reintegration Within A Family Context, Jeanne Flavin, David Rosenthal
La Bodega De La Familia: Supporting Parolees' Reintegration Within A Family Context, Jeanne Flavin, David Rosenthal
Jeanne M Flavin
This essay discusses how Family Justice and La Bodega de la Familia respond to the diverse challenges of reintegration post incarceration. It also discusses the benefits of a model of judicial supervision that recognizes individuals' social locations within their families and communities. With the goal of producing more effective and humane prisoner reintegration, especially in the context of drug offenses, the Authors recommend family case management. They additionally encourage parole and criminal justice practice to shift its focus from the individual parolee to families and their strengths.
Risk Factors For Recidivistic Arson In Adult Offenders, Rebekah Doley, Kenneth Fineman, Katarina Fritzon, Mairead Dolan, Troy E. Mcewan
Risk Factors For Recidivistic Arson In Adult Offenders, Rebekah Doley, Kenneth Fineman, Katarina Fritzon, Mairead Dolan, Troy E. Mcewan
Rebekah Doley
This article reviews the current literature on known risk factors for recidivistic arson, with a particular focus on factors that could be used to differentiate serial from ‘‘oneoff’’ arson offenders. The relevance of risk factors for general reoffending to recidivistic arson is discussed, including the role of criminal history, mental illness, and sociodemographic factors. The specific roles of offence-related affect, cognitions, and the offender’s interest in fire are considered, with recommendations for how theories from other areas of forensic psychology, such as the sex offender assessment and treatment literature, might be applied to the issue of deliberate fire-setting. Finally, protective …
Risk Factors For Recidivistic Arson In Adult Offenders, Rebekah Doley, Kenneth Fineman, Katarina Fritzon, Mairead Dolan, Troy E. Mcewan
Risk Factors For Recidivistic Arson In Adult Offenders, Rebekah Doley, Kenneth Fineman, Katarina Fritzon, Mairead Dolan, Troy E. Mcewan
Katarina Fritzon
This article reviews the current literature on known risk factors for recidivistic arson, with a particular focus on factors that could be used to differentiate serial from ‘‘oneoff’’ arson offenders. The relevance of risk factors for general reoffending to recidivistic arson is discussed, including the role of criminal history, mental illness, and sociodemographic factors. The specific roles of offence-related affect, cognitions, and the offender’s interest in fire are considered, with recommendations for how theories from other areas of forensic psychology, such as the sex offender assessment and treatment literature, might be applied to the issue of deliberate fire-setting. Finally, protective …
Cost And Punishment: Reassessing Incarceration Costs And The Value Of College-In-Prison Programs, Gregory A. Knott
Cost And Punishment: Reassessing Incarceration Costs And The Value Of College-In-Prison Programs, Gregory A. Knott
Gregory A Knott
This article is the first study examining college-in-prison programs as part of the cost-reducing and risk-management trends currently dominant in criminal justice systems. The article concedes that college programs will not be of benefit to every inmate and may confer benefits on politically unpopular constituencies, but argues that such educational offerings are nevertheless a powerful tool for reducing recidivism and incarceration costs.
The Ballot As A Bulwark: The Impact Of Felony Disenfranchisement On Recidivism, Guy P. Hamilton-Smith, Matt Vogel
The Ballot As A Bulwark: The Impact Of Felony Disenfranchisement On Recidivism, Guy P. Hamilton-Smith, Matt Vogel
Guy P Hamilton-Smith
Felony disenfranchisement – the exclusion of individuals convicted of felonies from the voting rolls – is a practice that is commonplace in the United States. In 2010, approximately 5.3 million Americans were ineligible to vote because of a prior felony conviction. Despite the fact that the justifications for disenfranchisement in a democratic society could be characterized as dubious, disenfranchisement has withstood various legal challenges and remains a widespread practice in almost every state. One argument which has never been examined empirically is the notion that disenfranchisement hampers efforts to rehabilitate offenders, which is what this article does. First, this article …
Recidivism Among Child Sexual Abusers: Initial Results Of A 13 Year Longitudinal Random Sample, Steven Patrick, Robert Marsh
Recidivism Among Child Sexual Abusers: Initial Results Of A 13 Year Longitudinal Random Sample, Steven Patrick, Robert Marsh
Robert L. Marsh
In the initial analysis of data from a random sample of all those charged with child sexual abuse in Idaho over a 13 year period, only one predictive variable was found that related to recidivism of those convicted. Variables such as ethnicity, relationship, gender and age differences did not show a significant or even large association with recidivism. The only variable that seemed to show both a significant and almost moderate association to recidivism was the Risk Assessment in the Sex Offender Evaluation re-offense. Comparisons were made to prior research as well as a discussion of implications of the sex …
Toward A Theory Of Procedural Justice For Juveniles, Tamar R. Birckhead
Toward A Theory Of Procedural Justice For Juveniles, Tamar R. Birckhead
Tamar R Birckhead
Courts and legislatures have long been reluctant to make use of the data, findings, and recommendations generated by other disciplines when determining questions of legal procedure affecting juveniles, particularly when the research has been produced by social scientists. However, given the United States Supreme Court’s recent invocation of developmental psychology in Roper v. Simmons, which invalidated the juvenile death penalty, there is reason to believe that such resistance is waning. In 2005 the Simmons Court found, inter alia, that based on research on adolescent development, juveniles are not as culpable as adults and, therefore, cannot be classified among the “worst …
Evidence-Based Sentencing: The Science Of Sentencing Policy And Practice, Richard Redding
Evidence-Based Sentencing: The Science Of Sentencing Policy And Practice, Richard Redding
Richard E. Redding
Sentencing is where much of the action is in criminal practice, particularly since ninety percent or more of cases never go to trial but are settled through plea bargains. Acting within the constraints of applicable presumptive or mandatory sentencing guidelines, probation officers, prosecutors, defense attorneys, and judges typically rely on their instincts and experience to fashion a sentence based upon the information available about the offense and offender. But relying upon gut instinct and experience is no longer sufficient. It may even be unethical – a kind of sentencing malpractice that produces sentencing recommendations and decisions that are neither transparent …
Eindrapport Voor Het Eerst Geplaatste Delinquente Minderjaringen En Recidive, Jenneke Christiaens, Tinne Geluyckens, Els Enhus, Els Dumortier
Eindrapport Voor Het Eerst Geplaatste Delinquente Minderjaringen En Recidive, Jenneke Christiaens, Tinne Geluyckens, Els Enhus, Els Dumortier
Jenneke Christiaens
No abstract provided.