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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 …

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 …

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 …

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 …

No Sense Of Decency, Kathryn E. Miller

Faculty 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 …

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 …

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 …

The Vigilante Identity And Organizations, Fan Xuan Chen, Maja Graso, Karl Aquino, Lily Lin, Joey T. Cheng, Katherine Decelles, Abhijeet K. Vadera

Research Collection Lee Kong Chian School Of Business

We test the theoretical and practical utility of the vigilante identity, a self-perception of being the kind of person who monitors their environment for signs of norm violations, and who punishes the perceived norm violator, without formal authority. We develop and validate a measure of the vigilante identity scale (VIS) and demonstrate the scale’s incremental predictive validity above and beyond seemingly related constructs (Studies 1 – 2e). We show that the VIS predicts hypervigilance towards organizational wrongdoing (Studies 2 and 4), punishment intentions and behavior in and of organizations (Studies 3 and 4) as well as in the wider community …

Punishment Vs. Rehabilitation: A Discourse On American Prison Reform & Comparative Analysis To Swedish Incarceration, Lauren Hipplewitz

Honors Scholar Theses

The infrastructure of the United States prison system continues to evolve through a series of policy changes and reforms. Throughout these developments, however, the institution continues to remain rooted in the philosophy of harsh penalization. This thesis incorporates a comparative analysis between the concept of perpetrator punishment within the American federal prison system to the concept of rehabilitative justice found in the Swedish system. I conceptualize the underlying “goals” of imprisonment within the United States and Sweden and examine how they serve as an operational foundation for both institutions. I analyze American prison reform that took place during the “War …

Performing From Under Penal Gaze: Examining What Incarcerated People Post To Tiktok, Lily B. Truppi

Senior Honors Projects

The prison walls previously keeping the lives of inmates private from the general population had been largely successful. In recent years, the creation of the internet and the accessibility of social media has transformed the way we can view and interact with the incarcerated population. Since the introduction of the social media app known as TikTok, the experience and lives of inmates have been posted and consumed by a larger portion of the population outside of academia. Within these videos inmates can express themselves through performance of culturally popular trends, their lives within prison, and establish identity in a place …

The Visualities And Aesthetics Of Prosecuting Aged Defendants, Mark Drumbl, Caroline Fournet

Scholarly Articles

The prosecution—whether domestic or international—of international crimes and atrocities may implicate extremely aged defendants. Much has been written about the legalisms that inhere (or not) in trying these barely alive individuals. Very little however has been written about the aesthetics the barely alive encrust into the architecture of courtrooms, the optics these defendants suffuse into the trial process, and the expressive value of punishing them. This is what we seek to do in this project.

Private Probation Costs, Compliance, And The Proportionality Of Punishment: Evidence From Georgia And Missouri, Beth Huebner, Sarah Shannon

Criminology and Criminal Justice Faculty Works

Probation is the most commonly imposed correctional sanction, is often accompanied by supplementary costs, and can be operated by the state or private companies. Private probation is a unique sanction used in lower courts, most often for misdemeanor offenses, and is managed by third-party actors. We focus on documenting the process and unique costs of private probation, including the rituals of compliance and proportionality of punishment. We use data from interviews with individuals on private probation and local criminal justice officials as well as evidence from court ethnographies in Georgia and Missouri. For individuals on private probation, payment of monetary …

"Only To Have A Say In The Way He Dies:" Bodily Autonomy And Methods Of Execution, Alexandra L. Klein

Faculty Articles

Capital punishment is one of the most significant intrusions into a person's bodily autonomy; the state takes a person's life. Even though the state has stripped a person on death row of much of their autonomy and intends to kill them, removing all autonomy, a person sentenced to death may, in some circumstances, choose how they will die. While most states rely on a single method of execution, some states permit a condemned person to choose among two or more methods of execution. Constitutional challenges to methods of execution requires the challenger to demonstrate a substantial risk of severe pain …

When Police Volunteer To Kill, Alexandra L. Klein

Faculty Articles

The Supreme Court has upheld the constitutionality of lethal injection, yet states continue to struggle with drug shortages and botched executions. Some states have authorized alternative methods of execution, including the firing squad. Utah, which has consistently carried out firing squad executions throughout its history, relies on police officers from the jurisdiction where the crime took place to volunteer to carry out these executions. This represents a plausible-and probable method for other states in conducting firing squad executions.

Public and academic discussion of the firing squad has centered on questions of pain and suffering. It has not engaged with the …

Trump, Lawyer Regulation, And The Institutional Double Bind, Benjamin H. Barton

Scholarly Works

Scandals, news stories, and court setbacks that would have devastated other, more traditional Presidents have seemingly only made Donald Trump’s bond with his supporters stronger. This creates a challenge when institutions try to punish anyone in Trump’s orbit. Taking action against Trump only encourages his supporters, while inaction may lessen the left’s faith in institutions and leave opponents of President Trump wondering why nothing is being done to curtail what they see as flagrant criminal contempt. This is a problem the author calls the “institutional double bind.” This Essay discusses whether there is any solution for these institutions stuck in …

Criminal Acts And Basic Moral Equality, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

Modern criminal justice presupposes that persons are not morally equal. On the contrary, those who do wrong are viewed by the law as less worthy of respect, concern and decent treatment: Offenders, it is said, “deserve” to suffer for their misdeeds. Yet, there is scant logical or empirical basis for the law's supposition that offenders are morally inferior. The usual reasoning is that persons who intentionally or knowingly do wrong are the authors and initiators of their acts and, as such, are morally responsible for them. But this reasoning rests on the assumption that a person's mental states, such as …

The Costs Of The Punishment Clause, Cortney E. Lollar

Law Faculty Scholarly Articles

Criminal punishment pursuant to a facially valid conviction in a court of law is an uncontested exception to the Thirteenth Amendment’s prohibition on slavery and involuntary servitude. After all, the Constitutional text reads, “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States.” And yet, beginning almost immediately after the Thirteenth Amendment was adopted, states regularly employed criminal statutes to limit the movement and behaviors of those previously enslaved and subject them to slavery-type labor camps in conditions that closely mirrored slavery. Because neither the …

Criminal Justice Secrets, Meghan J. Ryan

Faculty Journal Articles and Book Chapters

The American criminal justice system is cloaked in secrecy. The government employs covert surveillance operations. Grand-jury proceedings are hidden from public view. Prosecutors engage in closed-door plea-bargaining and bury exculpatory evidence. Juries convict defendants on secret evidence. Jury deliberations are a black box. And jails and prisons implement clandestine punishment practices. Although there are some justifications for this secrecy, the ubiquitous nature of it is contrary to this nation’s Founders’ steadfast belief in the transparency of criminal justice proceedings. Further, the pervasiveness of secrecy within today’s criminal justice system raises serious constitutional concerns. The accumulation of secrecy and the aggregation …

Proportionality, Constraint, And Culpability, Mitchell N. Berman

All Faculty Scholarship

Philosophers of criminal punishment widely agree that criminal punishment should be “proportional” to the “seriousness” of the offense. But this apparent consensus is only superficial, masking significant dissensus below the surface. Proposed proportionality principles differ on several distinct dimensions, including: (1) regarding which offense or offender properties determine offense “seriousness” and thus constitute a proportionality relatum; (2) regarding whether punishment is objectionably disproportionate only when excessively severe, or also when excessively lenient; and (3) regarding whether the principle can deliver absolute (“cardinal”) judgments, or only comparative (“ordinal”) ones. This essay proposes that these differences cannot be successfully adjudicated, and one …

American Punishment And Pandemic, Danielle C. Jefferis

Faculty Scholarship

Many of the sites of the worst outbreaks of the disease caused by the novel coronavirus (COVID-19) are America’s prisons and jails. As of March 2021, the virus has infected hundreds of thousands of incarcerated people and well over two thousand have died as a result contracting the disease caused by the virus. Prisons and jails have been on perpetual lockdowns since the onset of the pandemic, with family visits suspended and some facilities resorting to solitary confinement to mitigate the virus’s spread, thereby exacerbating the punitiveness and harmfulness of incarceration. With the majority of the 2.3 million people incarcerated …

Asymmetry And Symmetry Of Acts And Omissions In Punishment, Norms, And Judged Causality, Toby Handfield, John Thrasher, Andrew Corcoran, Shaun Nichols

Philosophy Faculty Articles and Research

Harmful acts are punished more often and more harshly than harmful omissions. This asymmetry has variously been ascribed to differences in how individuals perceive the causal responsibility of acts versus omissions and to social norms that tend to proscribe acts more frequently than omissions. This paper examines both of these hypotheses, in conjunction with a new hypothesis: that acts are punished more than omissions because it is usually more efficient to do so. In typical settings, harms occur as a result of relatively few harmful actions, but many individuals may have had the opportunity to prevent or rectify the harm. …

After The Crime: Rewarding Offenders’ Positive Post-Offense Conduct, Paul H. Robinson, Muhammad Sarahne

All Faculty Scholarship

While an offender’s conduct before and during the crime is the traditional focus of criminal law and sentencing rules, an examination of post-offense conduct can also be important in promoting criminal justice goals. After the crime, different offenders make different choices and have different experiences, and those differences can suggest appropriately different treatment by judges, correctional officials, probation and parole supervisors, and other decision-makers in the criminal justice system.

Positive post-offense conduct ought to be acknowledged and rewarded, not only to encourage it but also as a matter of fair and just treatment. This essay describes four kinds of positive …

Alexandra Harrington, Covid And Prisons: Grappling With The Effects Of The Pandemic On Incarceration, Alexandra Harrington

Baldy Center Blog

In the last year, roughly 10% of the U.S. population has tested positive for COVID-19. In that same period, about 28% of people incarcerated in U.S. prisons tested positive for the virus. More than 2,500 incarcerated people have died of COVID-related causes. Trapped in congregate settings with little to no ability to socially distance or protect themselves from COVID, people in prisons are particularly vulnerable in the midst of a global pandemic.

Towards A Moral Education Theory Of Childhood Punishment, Hamilton S. Garber

Haslam Scholars Projects

This paper serves as a defense of the application of moral education theory to childhood punishments and includes a recommendation for proper punishment based on a Razian conception of autonomy. Punishment on this account can and should infringe upon autonomy, but it must do so according to certain restraints. Accordingly, this paper includes a test to determine whether a punishment is permissible. The moral education theory can be justified through its aptitude at producing moral adults who follow moral rules by their own volition, however, morally educative punishments will likely produce other side benefits such as deterrence as well.

Darryl Robinson's Model For International Criminal Law: Deontic Principles Developed Through A Coherentist Approach, Milena Sterio

Law Faculty Articles and Essays

Darryl Robinson’s new book, Justice in Extreme Cases: Criminal Law Theory Meets International Criminal Law, presents a compelling argument: that international criminal law would benefit from deontic reasoning. According to Robinson, this type of deontic reasoning “requires us to consider the limits of personal fault and punishability,” and is a “normative reasoning that focuses on our duties and obligations to others.” Moreover, Robinson argues in this book that coherentism is the best method for identifying and defining deontic principles. Robinson explains that coherentism is an approach where “[w]e use all of our critical reasoning tools to test past understandings …

Objective Punishment, Anthony M. Dillof

Law Faculty Research Publications

Should the punishment fit the criminal as well as the crime? The article argues that idiosyncratic features of the criminal that might affect subjective punishment experience should not be considered when assessing the severity of the punishment for proportionality purposes.

The Problem Of Problem-Solving Courts, Erin Collins

Law Faculty Publications

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 …

Offenders And Sorn Laws, Amanda Agan, J.J. Prescott

Book Chapters

Chapter 7 describes what we know about the effects of SORN laws on criminal behavior. A coherent story emerges from this review: there is virtually no evidence that SORN laws reduce recidivism or otherwise increase public safety. The chapter first delineates the various ways registration and notification alter the legal environment not only for registrants but also for nonregistrants, the public, and law enforcement. There are many channels through which SORN laws might impact the frequency of sex offenses, including some that would produce an increase in overall offending. The chapter assesses these possibilities in light of a large body …