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Beyond Punishment: A Critical And Interpretive Phenomenology Of Accountability, Cameron Rasmussen

Dissertations, Theses, and Capstone Projects

State responses to interpersonal violence in the US have long been focused on punishment and prison. While opposition to punitive responses to interpersonal violence has been marginal, there are small but growing efforts to challenge the primacy of punishment and incarceration. In its place, different non-punitive approaches to justice have been practiced and promoted including restorative justice and transformative justice, which see accountability, not punishment, as a primary goal. Accountability has been theorized and researched largely from the perspective of survivors of harm, and there is limited research on the experiences of people who have caused harm and engaged in …

Getting What You Deserve: A Philosophical And Sociological Analysis Of Punishment In America, Haley Martuscello

Honors Theses

The U.S. Penal System is known to be one of the most punitive punishment systems in the world. Many discussions around the system's approach to punishment have often used either a sociological framework or philosophical one, but rarely use both. The purpose of this thesis is to use philosophical theories of punishment and sociological observations of the current U.S. penal system to appropriately analyze the system and determine what kind of approach to punishment the system uses and what approach it should use. To do so, the thesis lays the groundwork for such analysis by establishing that the purposes of …

Effects Of Corporal Punishment On Parents, David Martinez, Linda Saleh Borghol

Electronic Theses, Projects, and Dissertations

There has been limited research regarding the effects of corporal punishment on parents. This qualitative study examined the effects of corporal punishment on parents and the reasoning behind their particular discipline practices. The study provides an overview of the thoughts and emotions parents feel before and after utilizing corporal punishment. The data were collected through interviews of parents who utilized corporal punishment as their main form of discipline. We interviewed parents through Zoom meetings in order to gather data that would help this study. Researchers interviewed eight parents who expressed the effects they experienced from utilizing corporal punishment. Analysis of …

Teachers’ Perceptions Of The Effectiveness And Use Of Behavior Management Strategies, Lucia Mariah Smith-Menzies

Electronic Theses, Projects, and Dissertations

Research indicates that punitive school discipline practices are ineffective and continue to marginalize students of color and students with disabilities. Historical and societal conceptions of punishment offer insight as to why these punitive practices persist. The legacies of school discipline and how teachers understand the role of punishment have implications for which behavior management strategies are employed in the classroom. This study examined the relationship between teacher perceptions of the effectiveness and use of behavior management strategies, their opinions of the utility of punishment, and their understanding of the outcomes of punishment. Descriptive analyses, an analysis of variance and correlational …

Juvenile Life Without Parole: Exposing The Parallels Between Juvenile Offenders And Those Who Sentence Them, Autumn Fortenberry

Honors Theses

This thesis will discuss Juvenile Life Without Parole sentencing (JLWOP) from three perspectives: (1) the evolving standard of decency as developed through relevant U.S. Supreme Court cases; (2) the cognitive and psychosocial development of adolescents that creates reduced culpability in juvenile offenders; and (3) the justifications and implications of punishment as-applied to juvenile offenders. In my fourth chapter, I argue that JLWOP sentencing disregards the humanity and transformable nature of juvenile offenders. I will then draw a parallel between the implications of a juvenile offender's underdeveloped cognitive functions on their decision-making processes and the implications of a trial judge's underdeveloped …

An Examination Of The Relationship Between Childhood Punishment And Adult Ipv, Anna G. Griffith

Honors College Theses

The goal of this project is to examine the relationship between childhood punishment and experiencing intimate partner violence (IPV) as an adult. Using an anonymous, self-report survey, students from Georgia Southern University were asked about their experiences with IPV, as well as their experiences of childhood punishment administered by both mother and father. The results show that children who receive corporal, verbal, and emotional punishment from their mother are more likely to experience all forms of IPV later in life. When analyzing the same relationships with fathers, corporal punishment is not associated with IPV while verbal and emotional punishment is.

Juvenile Solitary Confinement And The Eighth Amendment, Taylor R. Graves

Honors Thesis

This literature review examines the practice of juvenile solitary confinement, applies the United States Supreme Court’s Eighth Amendment jurisprudence, argues that the practice should be declared unconstitutional as a violation of the Eighth Amendment, and calls for a categorical ban. The Cruel and Unusual Punishment Clause of the Eighth Amendment states, “nor [shall] cruel and unusual punishments [be] inflicted.” U.S. Const. amend. VIII. Juvenile solitary confinement is cruel and unusual, in violation of the Eighth Amendment, because juveniles are different. The United States Supreme Court has long recognized that juveniles should not be held to the same standards of …

The Philosophy Of Punishment: An Analysis Of Criminal Punishment In The Context Of Moral Justice, Bailey Mckeon

Senior Theses and Projects

No abstract provided.

A Study Of The Punishment Of Crimes By Us Federal Legislators From 1798 To 2016, Kenneth J. Grossberger

Dissertations, Theses, and Capstone Projects

Public distrust of government has increased because of the criminal behavior of federal legislators over time, due, at least in part, to the political effects on Congress (which causes confrontation and accusation), and therefore it is critical to study how Congress deals with the corruption of its members. This study examines the punishment of U.S. federal legislators for criminal corruption in the context of time. This was accomplished by collecting and analyzing original data by means of the multiple methods of binomial logistic regressions and content analysis. The results showed that several variables were predictive of the criminal justice and …

When Punishment Doesn’T Work: The Ideology And Infrastructure Of Restorative Justice In Public Schools, Anna R. Schupack

Senior Projects Spring 2022

Using interview data collected over a span of three months, this project serves as a case study and critique of the recent orientation toward restorative justice as an alternative to a punitive orientation and as a means to address racially disproportionate suspension rates in schools. In this paper, I argue that the attempts we see today to address disproportionate suspension rates and opt for less punitive methods of governance, in general, do little to undo a history of punitive discipline which upholds racial, economic, and gendered hierarchies. I am less concerned with the individual intention of every actor within the …

Deterrence And The Death Penalty: A Study Of The Effects Of Capital Punishment On Homicide, Jacob Stump

Williams Honors College, Honors Research Projects

The death penalty receives an abundance of criticism within the United States, as critics argue it to be cruel and an unjust form of punishment. As the debate carries on and more states illegalize the death penalty, the largest point of contention centers on the question: to what extent does the death penalty deter homicides from occurring? This analysis is critical to the implementation of the death penalty, as many legal scholars cite its ability to deter to be its strongest argument for persisting. Ultimately, any argument that undermines this theory provides a greater incentive for abolition, as the death …

Nietzsche On Criminality, Laura N. Mcallister

USF Tampa Graduate Theses and Dissertations

In Nietzsche scholarship, little has been done regarding Nietzsche’s reflections on penology and criminology. This dissertation aims to critically examine Friedrich Nietzsche’s thoughts on justice, punishment, and the criminal and to show that his interest in these topics runs throughout his writings. Nietzsche attacked the tradition of Western justice theory and the idea that justice consists in giving each their due. I argue that in place of this notion of justice, he puts forth a non-metaphysical, naturalistic account of justice that refuses to judge and hold man accountable. In addition, I explicate Nietzsche’s passionate critique of punishment, which stops short …

Prison, Punishment, And Premature Death: Group-Differentiated Health Impacts Of Incarceration During The Covid-19 Pandemic, Valentina Czochanski

UVM Patrick Leahy Honors College Senior Theses

This project explores concepts surrounding prison, punishment, vulnerability to premature death and morbidities, and the power to influence vulnerability to premature death. During the COVID-19 pandemic, correctional and detention facilities were particularly vulnerable to the spread of the coronavirus, and between staff members and those incarcerated within these facilities, incarcerated people were the most vulnerable to COVID-19. This project explores the following questions: What are the collateral health consequences of carceral punishment and how does COVID-19 illuminate those consequences? What was the impact of COVID-19 on incarcerated individuals and what does that mean in relation to disproportionate health effects within …

Let The Punishment Fit The Crime: How Retributive Fairness Perceptions Influence Observers’ Tax Compliance Intentions, Tisha King

Theses and Dissertations (Comprehensive)

The purpose of my research is to investigate how perceptions of retributive justice influence tax compliance. I address this objective by proposing two research questions: (1) How do taxpayers perceive the propriety of punishment for tax evasion? (2) How and when are observers’ compliance intentions influenced by perceptions of fairness disclosures about a specific retributive outcome, and the presence of a fairness-relevant disclosure?

To address the first research question, I conduct a survey of 331 adult Canadian taxpayers to ascertain the extent to which taxpayers perceive punishments for tax evasion as fair or unfair. I find that an appropriate punishment …

“Just Give Us A Chance”: Supports And Challenges To Maintaining Employment As Experienced By People Who Have Been In Prison, Amy Moore

Theses and Dissertations (Comprehensive)

People who have been in prison tend to struggle to find meaningful employment (Opsal, 2012). While research delves into the topic of how criminalized people attain employment (Ricciardelli & Mooney, 2017; Anazodo et al., 2017), there is little known about their experiences maintaining employment. Therefore, the objective of this study is to identify the supports and challenges to maintaining employment after release from a Canadian women’s federal prison.

Following Research Ethics Board (REB) approval, semi-structured interviews lasting up to 90 minutes were completed with each of six participants. Participants included two Indigenous women, three White women, and one White transgender …

Cross-National Incarceration Rates As Behavior Of Law, Christopher J. Marier

USF Tampa Graduate Theses and Dissertations

Incarceration rates vary substantially around the world. However, systematic cross-national comparisons examining such variation are rare. Using Donald Black’s theory of law, and further informed by other theories in the sociology of punishment with conceptual overlap, the purpose of this study is to evaluate the structural and cultural factors that influence incarceration rates around the world. Using data from the World Prison Brief, World Values Survey, CIA World Factbook, and other international datasets, this study evaluates a series of ordinary least squares regressions in 66 nations. This study is one of few macrosocial tests of Black’s theory of law to …

Constructing Guilt, Obstructing Truth: How The Spectacle Of Wrongful Conviction Reveals And Magnifies Fundamental Flaws In The Criminal Justice System, Fiona Marie Hession

Senior Projects Spring 2020

Senior Project submitted to The Division of Social Studies of Bard College.

Canine And Criminal Bias: The Relationship Between Stereotypes And Perceptions Of Punishment, Jamie I. Thomas

Graduate Research Theses & Dissertations

In this thesis I provide an analysis of punitive perceptions of animal crimes and argue that the lack of value seen in animal’s lives affects perceptions of punishment for animal crimes. Specifically, I examine the role of animal attitudes and race on perceptions of crimes against dogs and will address the following question with a vignette survey design: How do racial stereotypes interact with dog breed stereotypes when considering punishment for animal crime? This research expands on factors that influence perceptions of punishment of animal crime, including racial differences that may affect attitudes about animals. This study contributes to the …

Aristotle And Mutual Accountability: A Just Theory Of Punishment, Dina Rosin

CMC Senior Theses

How can citizens of a moral community both be held accountable and be accountable for their actions and their character? What is the role of both the state and the citizen in restoring accountability? In this thesis, I apply Aristotle’s conception of virtue to Stephen Darwall and William Darwall’s mutual accountability framework for punishment. I present a theory of punishment that creates an obligation on both the state and the citizen to uphold virtue and be accountable, and posits rehabituation of character as a necessary component of maintaining mutual accountability. I then apply this theory to a paradigmatic case that …

Suffrage Over Suffering: How Disenfranchisement Erodes The Legitimacy Of Democratic Punishment, Kendall Hollimon

CMC Senior Theses

In this thesis I analyze both retributive and consequentialist justifications for punishment to understand the foundation for disenfranchisement as punishment. I then argue that although some of these justifications can condone disenfranchisement, the practice of disenfranchising criminals damages the democratic process, thus delegitimizing the punishments that societies democratically decide to impose.

The "Matthew Effect" In Punishment: : Do Previous Sanctions Foster More Sanctions In The Future?, Yinzhi Shen

Legacy Theses & Dissertations (2009 - 2024)

Societal response to crime is a topic at the heart of criminology. In contrast to a vast literature on the hidden social consequences of formal sanctions on individuals, family and communities, few studies have examined the ramifications of a formal sanction on future interactions with the criminal justice system over the individual life course. Applying a cumulative disadvantage (CDA) perspective, my dissertation contributes to the understanding of whether and how a prior punishment affects an individual’s trajectory of future punishments over the life course. Theoretically, I elaborated two conceptualizations of CDA processes and highlighted the overlooked value of applying CDA …

Invisible Girls: Victimization, Teacher Support, And Pathways To Punishment For Black Girls, Samantha D. Martin

Sociology Theses

Black girls’ unique experiences of victimization, deviant behavior, and punishment are largely obscured from discourse on the cradle-to-prison pipeline. While there have been many studies that establish a link between victimization, offending, and criminalization, few quantitative studies capture the unique processes of resistance and punishment that victimized Black girls experience. Using data from the National Longitudinal Study of Adolescent to Adult health, I explore the relationships between adolescent victimization, teacher support, and exclusionary punishment for Black and white girls. By centering the experiences of Black girls, I aim to generate a causal model that accounts for the ways in which …

In Fear We Trust: Anxious Political Rhetoric & The Politics Of Punishment, 1960s-80s, Stella Michelle Frank

Senior Projects Spring 2019

Senior Project submitted to The Division of Social Studies of Bard College.

Effectively Integrating Dance/Movement Therapy And Restorative Justice Into High School Programs, Tia Vegemast

Creative Arts Therapies Theses

The purpose of the thesis is to develop a stand-alone program that has added dance/movement therapy informed interventions to an existing restorative justice program for high schools to implement. The high school program is designed to support youth in repairing damaged relationships caused by different behavioral issues. As schools are transitioning from punitive punishment to a more restorative approach to discipline, this program provides a new way of incorporating a more holistic approach to restorative justice and the healing process using movement of the body to further empathic understanding. Students will be able to learn from their mistakes and understand …

Moral Mode Switching: From Punishment To Public Health, Stephen Koppel

Dissertations, Theses, and Capstone Projects

A public health response to drug offenses has potential to improve both public safety and public health. However, the public’s desire for retribution represents a possible hindrance to reform. Relying on dual-process theory of moral decision-making, this dissertation examines agreement among laypeople about the relative blame deserved for various crime types, and probes several possible predictors of support—the need for cognition (“NFC”), intergroup bias, and free-will doubt—for retributive as well as consequentialist responses to crime. Findings from several web-based experiments show: (a) in comparison to core crimes (eg., murder) substantially less agreement about the relative blame deserved for noncore crimes …

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. …

Local Immigration Enforcement Entrepreneurship In The Punishment Marketplace, Daniel L. Stageman

Dissertations, Theses, and Capstone Projects

The contemporary neoliberal economic order plays a significant role in American social organization and policy-making. Most importantly, neoliberal ideology drives the creation and imposition of markets in public goods and services and the valorization of free market ideology in cultural life. The neoliberal ‘project of inequality’ is in turn delimited and upheld by an authoritarian system of punishment built around mass incarceration, surveillance, and an unprecedented level of social control directed at the lowest strata of American society – a group that includes both the urban underclass, and unauthorized immigrants.

This study lays out the theory of the punishment marketplace …

What Impact Is Felony Disenfranchisement Having On Hispanics In Florida?, Angel E. Sanchez

Honors Undergraduate Theses

This research produces original empirical estimates of Hispanics in Florida’s Dept. of Corrections (FDOC) and uses those estimates to measure the impact felony disenfranchisement is having on Hispanics in Florida. Research institutions find that data on Hispanics in the criminal justice system, particularly in Florida, is either lacking or inaccurate. This research addresses this problem by applying an optimal surname list method using Census Bureau data and Bayes Theorem to produce an empirical estimate of Hispanics in FDOC’s data. Using the Hispanic rate derived from the empirical FDOC analysis, the rate of Hispanics in the disenfranchised population is estimated. The …

The Influence Of Social Support And Mental Illness On Punishment For Rule Violations Among Male Prisoners, Missy T. Malone

LSU Doctoral Dissertations

Mental illness among prisoners is higher than the general population (James & Glaze, 2006). The purpose of this exploratory-descriptive study was to investigate the social support and mental health factors that best predict punishment severity for institutional rule violations among prisoners. I conducted a secondary data analysis on 2004 Survey of Inmates in State Correctional Facilities data collected by the U.S. Census Bureau for the Bureau of Justice Statistics. The survey participants in this study consisted of a sample of 11,569 male prisoners. Bivariate analyses of interrelationships were conducted to assess whether significant relationships exist between the severity of punishment …

A Dark Reflection Of Society: Analyzing Cultural Representations Of State Control In Black Mirror, Carl Russell Huber

Online Theses and Dissertations

Recognizing the importance of visual criminology and media studies in contemporary academic criminal justice studies, I attempt to contribute to the field by analyzing three themes found in Channel 4’s Black Mirror in relation to cultural fears of state control and the progression of technology. The themes, including state power and coercion, the spectacle of punishment, and panoptic surveillance, are placed in a popular criminological framework in order to examine the attitudes and beliefs of the culture in which they were produced and for whom they are intended. I conclude that Black Mirror provides a social commentary on the themes …