Digital Commons Network^™

Sexual Abuse Of Female Inmates In Federal Prisons, Brenda Smith

Congressional and Other Testimony

This Article discusses the modest aspirations of the Prison Rape Elimination Act (“PREA”) that passed unanimously in the United States Congress in 2003. The Article posits that PREA created opportunities for holding correctional authorities accountable by creating a baseline for safety and setting more transparent expectations for agencies’ practices for protecting prisoners from sexual abuse. Additionally, the Article posits that PREA enhanced the evolving standards of decency for the Eighth Amendment and articulated clear expectations of correctional authorities to provide sexual safety for people in custody.

The Politics Of Sexual Assault On The Theatrical Stage: How Theatre For Social Change Challenges Systems Of Oppression, Gerry Rodriguez

Theses and Dissertations

The critical introduction analyzes how theatre has been used as a tool to directly address politics and influence social change. Augusto Boal’s Theatre of the Oppressed has been of particular importance and influence in contemporary theatre which directly mirrors the failures of society by representing the people who are most affected. The purpose of theatre for social change is to accurately represent oppression within communities and inspire audiences to play an active role in finding solutions for these oppressive systems once they leave the comfort of the theatre. The critical introduction is followed by the full-length play, Victim Does Not …

Forks Over Knives: Predictive Inconsistency In Criminal Justice Algorithmic Risk Assessment Tools, Travis Greene, Galit Shmueli, Jan Fell, Ching-Fu Lin, Han-Wei Liu

Research Collection Yong Pung How School Of Law

Big data and algorithmic risk prediction tools promise to improve criminal justice systems by reducing human biases and inconsistencies in decision-making. Yet different, equally justifiable choices when developing, testing and deploying these socio-technical tools can lead to disparate predicted risk scores for the same individual. Synthesising diverse perspectives from machine learning, statistics, sociology, criminology, law, philosophy and economics, we conceptualise this phenomenon as predictive inconsistency. We describe sources of predictive inconsistency at different stages of algorithmic risk assessment tool development and deployment and consider how future technological developments may amplify predictive inconsistency. We argue, however, that in a diverse and …

Episode 33: Bethany Backes: Championing Against Violence, University Of Central Florida

Knights Do That Podcast Transcripts

Season three of Knights Do That, UCF’s official podcast, returns with its sixth guest, Bethany Backes, an assistant professor in the Violence Against Women faculty cluster and holds a joint appointment in the Department of Criminal Justice and School of Social Work. Backes worked for more than 10 years as a social science analyst for the U.S. Department of Justice and joined UCF in 2019.

Here she shares her research with the cluster, what it means to be a champion both against violence and for social justice, and how she has succeeded in academia.

Safety In Policy: An Assessment Of The Utilization And Perceived Efficacy Of Sex Offender Legislation, Morgan Graham

Honors Theses

Current sex offender legislation in the United States is the result of a number of laws passed during the 1980-1990s. This study evaluates the efficacy and perception of these laws in Nebraska, including registration, community notification, and housing restriction policies. Using data from the Nebraska Annual Social Indicators Survey (NASIS), 1,814 people from 2008 and 1,232 people from 2017 were examined to determine the efficacy and popularity of sex offender legislation and how the data has changed over time. Results showed that only a minority of Nebraskans have accessed the registry. Of those who checked, women and individuals with children …

Policing The Police: Personnel Management And Police Misconduct, Max Schanzenbach

Vanderbilt Law Review

Police misconduct is at the top of the public policy agenda, but there is surprisingly little understanding of how police personnel management policies affect police misconduct. Police-civilian interactions in large jurisdictions are, in principle at least, highly regulated. But these regulations are at least partially counteracted by union contracts and civil service regulations that constrain discipline and other personnel decisions, thereby limiting a city’s ability to manage its police force. This Essay analyzes police personnel management by bringing forth evidence from a variety of data sources on police personnel practices as well as integrating an existing, but relatively siloed, literature …

Courts Without Court, Andrew G. Ferguson

Vanderbilt Law Review

What role does the physical courthouse play in the administration of criminal justice? This Article uses recent experiments with virtual courts to reimagine a future without criminal courthouses at the center. The key insight of this Article is to reveal how integral physical courts are to carceral control and how the rise of virtual courts helps to decenter power away from judges. This Article examines the effects of online courts on defendants, lawyers, judges, witnesses, victims, and courthouse officials and offers a framework for a better and less court-centered future. By studying post-COVID-19 disruptions around traditional conceptions of place, time, …

War Crimes: History, Basic Concepts, And Structures, Richard J. Wilson

Articles in Law Reviews & Other Academic Journals

On May 24, 20022, the Washington Post carried front-page news that a court in Ukraine had sentenced a 21-year-old Russian soldier, Vadim Shishimarin, to life imprisonment for the war crime of premeditated murder of a civilian, 62-year-old Oleksandr Shelipov. The session was the first war crimes trial in Ukraine since Russia's invasion three months earlier.

Courts Without Court, Andrew Guthrie Ferguson

Articles in Law Reviews & Other Academic Journals

What role does the physical courthouse play in the administration of criminal justice? This Article uses recent experiments with virtual courts to reimagine a future without criminal courthouses at the center. The key insight of this Article is to reveal how integral physical courts are to carceral control and how the rise of virtual courts helps to decenter power away from judges. This Article examines the effects of online courts on defendants, lawyers, judges, witnesses, victims, and courthouse officials and offers a framework for a better and less court-centered future. By studying post-COVID-19 disruptions around traditional conceptions of place, time, …

Students, Threat, Race, And Police: An Empirical Study, Jason P. Nance, Michael Heise

Florida State University Law Review

The presence of law enforcement officers in schools is more pronounced today than ever before, altering the educational experiences of students nationwide. Although the benefits of having police in schools are unclear, the legal and policy implications flowing into students' lives are more established. Empirical studies repeatedly have documented a strong connection between regular police contact with schools and the increased rate at which school officials report students to law enforcement for committing various offenses, including lower-level offenses that arguably could be handled internally. This Article provides the first in-depth empirical study of data spanning a decade that identifies characteristics …

Editorial: Social Psychological Process And Effects On The Law, Colleen M. Berryessa, Clare S. Allely, Melissa De Vel-Palumbo, Yael Granot

Psychology: Faculty Publications

No abstract provided.

The Need For Continuity Of Care In The Criminal Justice System, Jason R. Trautwein, Kelly Moore Phd, Ricki Dierenfeldt Phd, Jim Hart, Duane Slone, Jeremy Kourvelas, Jennifer G. Tourville Dnp

SMART Policy Briefs

People with mental health and substance use disorders who would benefit from treatment are overrepresented in the criminal justice system. It has been reported that 63% of individuals in jail and 58% of individuals in prison meet the criteria for having a substance use disorder, and 36% of the population serving a state prison sentence were being treated for a mental health disorder, which is 17% higher than the general population in Tennessee. Justice-involved individuals with mental health and substance use disorders have a higher risk of recidivism, especially when they lack access to medications and behavioral health treatments both …

Gender And Prosecutorial Decision Making: An Examination Of Representative Bureaucracy Theory, Maria Arndt

FIU Electronic Theses and Dissertations

Prosecutors are powerful actors in the American criminal justice system, yet relatively little is known about their decision making compared to other legal agents. They decide to bring charges against defendants and are granted substantial influence over plea negotiations, thus affecting the trajectory of case outcomes. While an emerging body of scholarship examines what factors influence prosecutorial discretion, there are few studies that examine how their identities influence case outcomes. Once a traditionally, white, male-dominated field, prosecution is becoming more diverse. Research suggests representation affects organizational output. This theory, known as representative bureaucracy, suggests that more diverse organizations have more …

Freedom Isn’T Free: Why Washington State Needs To Move Beyond A Cash Bail System, Andre Jimenez

Global Honors Theses

Despite the belief that our justice system holds people “innocent until proven guilty,” for those who are unable to pay for their freedom from pretrial detention, they find the opposite to be true. The cash bail system in this country allows people to pay a court-determined fee to be released from jail after arrest while they wait for their trial. But as this paper demonstrates, the cash bail system as it currently stands in Washington State criminalizes poverty and simultaneously exacerbates racial inequities. Under this system, accused individuals who cannot afford bail, as well as their families, face extreme social …

The Normalization Of The Exception: The Nexus Of Emergency Powers And Criminal Justice In Colonial And Postcolonial Jamaica, Jermaine Ar Young

FIU Electronic Theses and Dissertations

Since the antiquity, the study of emergency powers has tended to revolve around the dichotomy between norm and exception, suggesting that governments follow established rules of law in ordinary circumstances and resort to extraordinary measures only in times of genuine emergency. My dissertation challenges this dichotomy by analyzing Jamaica’s colonial and post-colonial experiences with emergency powers in order to provide a different story about the norm-exception binary. In fact, Jamaica’s case shows there are no neat partitions between both spheres. Instead, what we see unfolding is the technical application of emergency provisions as legality, rule by law, rooted in continual …

Utilizing Organizational Theory To Improve Education Opportunities In Correctional Facilities, Kelly Sullenberger

The Scholarship Without Borders Journal

With 2.3 million people incarcerated, the United States is one of the most highly concentrated prison systems in the world (Sawyer & Wagner, 2020). In order to be in a position to improve that, the system of incarceration needs to genuinely care and invest in the lives of the inmates living in these facilities. The opportunity to receive an education is one way that allows for true rehabilitation and often can give an inmate a greater sense of purpose. This paper examines current programs in California that allow inmates to work towards and/or receive a bachelor’s degree while serving their …

Can Islamic Law Principles Regarding Settlement Of Criminal Disputes Solve The Problem Of The U.S. Mass Incarceration?, Amin R. Yacoub, Becky Briggs

Pepperdine Dispute Resolution Law Journal

The mass incarceration crisis in the United States (US) remains a vexing issue to this day. Although the US incarcerated population has decreased by twenty-five percent amid the COVID-19 pandemic, the US remains a leading country in the number of incarcerated people per capita. Focusing on Islamic law principles governing settlement in criminal cases, the rehabilitative approach of the Icelandic criminal justice model, and the powerful role of prosecutors in serving justice, this research argues that integrating settlement and mediation into the prosecutorial proceedings will significantly reduce mass incarceration in the US.

Rigsby Chosen To Lead Ouachita's New Criminal Justice Degree Program, Felley Lawson, Ouachita News Bureau

Press Releases

Dr. Malcolm L. Rigsby has been named professor of criminology and criminal justice and coordinator of the criminal justice program at Ouachita Baptist University. He brings more than 20 years’ teaching and research experience in higher education to the post, as well as a background in banking, private law practice and private-owned business.

The Risk Of Adolescent Victimization: Assessing Elements Of The Social Bond Theory, Jaime Antonio Negrete

Boise State University Theses and Dissertations

Travis Hirschi’s social bond theory holds that the social bonds (attachment, commitment, involvement, and belief) individuals have with parents, friends, extracurricular activities, work, and school can affect an individual’s life choices. When social bonds are weakened, broken, or nonexistent, the lack of these bonds can explain why crime and delinquency occur. Therefore, Hirschi believed that asking why offenders “do it” when it comes to crime is irrelevant. Rather, we should be asking “why don’t we do it” when it comes to crime and delinquency, which lead Hirschi to believe that the answer to that question could be answered by the …

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 …

Atv Safety Training: It's A Valuable Tool For Everyone!, Christina Donnay

Culminating Projects in Criminal Justice

All-Terrain Vehicles (ATVs) are fun to ride but they are only a machine. As much as everyone would like to blame the ATV when things go wrong, the end result ultimately stems from the operator’s actions. It doesn’t have a brain, it does what you tell it to do, and it cannot tell the operator that this is a bad idea or what the consequences might be. These thoughts are ultimately the operator’s responsibility to assess and acknowledge what risks exist. Driving is a skill and education is a key portion of ATV safety training. Our current requirements are not …

The American Prosecutor And The Carceral State: An Analysis To Address Prosecutorial Power And Discretion In An Effort To Reduce Overincarceration In The United States, Olivia Jordan

Honors Theses

There is perhaps no other actor within our legal system that shares more power and control over the carceral state than the American prosecutor. This thesis examines the powers of the prosecutor at every stage of criminal procedure, how these powers contribute to the carceral state, and how prioritizing prosecutorial policy reform can effectively reduce persistent mass incarceration in the United States. This thesis uses three criteria- effectiveness at reducing overincarceration, feasibility of implementation, and ethical impact- to critically evaluate several proposals for addressing prosecutorial power and discretion. Ultimately, the thesis recommends a combination of three proposals for a more …

Justice Involvement During Covid-19 And The Possibility Of Transitional Justice, Rachel A. Ponder

Doctoral Dissertations

The COVID-19 pandemic introduced numerous unprecedented political, social, and economic challenges that resulted in unprecedented responses by policy makers. As result, existing inequalities and injustices rooted in a dense history of structural and institutional violence were uncovered and exacerbated. As of June 2021, at least 398,627 people in prison tested positive for COVID-19 and at least 2,715 had died (The Marshall Project 2021). In the United States, the inmate population is disproportionately made up of poor, people of color. This is a pattern that is rooted in the country’s long history of racism and white supremacy. This cycle continues as …

Falling Through The Cracks: Two Understudied Populations In The Criminal Justice System, Ashley Hum

Theses

This capstone project aims to identify gaps in the criminal justice literature by examining how the criminal justice system interacts with demographic groups that have been historically overlooked in traditional criminal justice studies, specifically Asian Americans as a racial/ethnic group and LGBTQIA+ individuals of any race or gender identity.

An overarching narrative and finding in the first two sections of the following project is how constructed identities construct narratives and policies. Importantly, the constructed identities are most often assigned by those in power to Asian Americans or LGBTQIA+ people, rather than created for themselves by in-group members, and then become …

The 1994 Federal Crime Bill: An Evaluation Of The Past, Present, And Future Of Its Impact On The Criminal Justice System, Jade R. Philpot

Honors College Theses

The 1994 Violent Crime Control and Law Enforcement Act was signed into law in response to the crack cocaine and crime epidemic of the 1980s. In this thesis I address the major elements of this bill, the racial, financial, and ethical conflicts that arose thereafter, and the reforms that should be implemented today to correct said conflicts.

Racialized Mass Incarceration In The United States: Exposing The Facade Of “Liberty And Justice For All”, Emily Wingfield

The Compass

No abstract provided.

Reformation Within The Nation: Adapting The Nordic Rehabilitation And Reintegration Model To Positively Recondition The United States Criminal Justice System, Jessica Cornell

Helm's School of Government Conference - 2021-2024

An analytical and statistical based comparison of criminal sentencing, incarceration, rehabilitation and reintegration in the United States of America to those of the five countries which follows those of the Nordic Criminal Justice System.

Examining Legal Financial Obligations In Washington State, Bryan Lewis

PPPA Paper Prize

After criminal offenders are convicted of a crime, they must return to the court where a judge will determine their sentence. Sentencing often includes jail time, but it always includes monetary penalties, or Legal Financial Obligations (LFOs). There are many reasons these penalties are given, from restitution for the victims of criminal offenses, to providing government revenue and funding the court, to punishment for the offender. However, these fines, and the interest rates that come with them, often leave offenders with an enormous amount of debt. There are a lot of interests at stake when it comes to LFO sentencing …

How Do Arts Programs Facilitate Emotion Regulation In The Prison Setting?, Dana Parker

Senior Theses and Projects

Reentry and prison arts programs provide an opportunity for rehabilitation that facilitates healthier emotion regulation (ER), relationship building, and self-esteem. To measure the effects of arts-based interventions on ER, formerly incarcerated people completed a questionnaire that included three different measures: the Cognitive Emotion Regulation Questionnaire Short-Form (CERQ-Short), the Emotion Regulation Strategies for Artistic Creative Activities (ERS-ACA), and the Self-expression and Emotion Regulation in Art Therapy Scale (SERATS). Results showed that there were significant differences between males and females on their scores on ER subscales, where women more often than men employed positive ER strategies. In support of my hypotheses, higher …

Trauma: Community Of Color Exposure To The Criminal Justice System As An Adverse Childhood Experience, André Douglas Pond Cummings, Todd J. Clark, Caleb Gregory Conrad, Amy Dunn Johnson

University of Cincinnati Law Review

No abstract provided.