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Full-Text Articles in Law

Against Life Without Parole, Judith Lichtenberg Jan 2019

Against Life Without Parole, Judith Lichtenberg

Washington University Jurisprudence Review

We have many good reasons to abolish life without parole sentences (LWOP, known in some countries as whole life sentences) and no good reasons not to. After reviewing the current state of LWOP sentences in the United States, I argue that the only rationale for punishment that can hope to justify them is retributivism. But even if retributivism is a sound principle, it in no way entails life without parole. One reason is that unless one believes, like Kant, that appropriate punishments must be carried out whatever the circumstances, we must acknowledge that other considerations are relevant to determining punishments ...


Legal Optimism: Restoring Trust In The Criminal Justice System Through Procedural Justice, Positive Psychology And Just Culture Event Reviews, John Hollway Sep 2018

Legal Optimism: Restoring Trust In The Criminal Justice System Through Procedural Justice, Positive Psychology And Just Culture Event Reviews, John Hollway

Master of Applied Positive Psychology (MAPP) Capstone Projects

Like any complex, dynamic system, the American criminal justice system makes mistakes. Unfortunately, criminal justice organizations lack a systematic process enabling them to learn from cases of error. Ignoring or minimizing errors erodes organizational legitimacy and contributes to a downward spiral of legal cynicism that increases violent crime. This paper describes the application of positive psychology and procedural justice to restore legal optimism – confidence and trust that the criminal justice system will respond in a just fashion to criminal activity – through Just Culture Event Reviews (JCERs), non-blaming multi-stakeholder reviews of cases where the system has erred. JCERs identify contributing factors ...


Reading Between The Crimes: Online Media’S Representation Of Aboriginal And Torres Strait Islander People’S Interaction With The Criminal Justice System In Post-Apology Australia, Jonathan Cannon Jan 2018

Reading Between The Crimes: Online Media’S Representation Of Aboriginal And Torres Strait Islander People’S Interaction With The Criminal Justice System In Post-Apology Australia, Jonathan Cannon

Theses: Doctorates and Masters

Australian research confirms that Aboriginal and Torres Strait Islander people experience high levels of social inequality, racism and injustice. Evidence of discrimination and inequality is most obvious within the criminal justice system where they are seriously over-represented. The Australian news media plays a large part in reinforcing Aboriginal and Torres Strait Islander inequality, stereotypes and racist ideology within specific situations such as the Northern Territory Emergency Response and the Redfern riots. This study widens the scope from how the media reports a single criminal justice event to how the media reports Aboriginal and Torres Strait Islander people’s interaction with ...


Out Of The Prison And Onto The Streets: The Trafficking Of Incarcerated Women (A Trans-Disciplinary Media Research Project), Mei-Ling Mcnamara Nov 2017

Out Of The Prison And Onto The Streets: The Trafficking Of Incarcerated Women (A Trans-Disciplinary Media Research Project), Mei-Ling Mcnamara

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

Women are being actively targeted for the sex trafficking trade within US prisons and are recruited by a network of fellow inmates who are given "finders fees" for supplying victims. In prisons from Florida to North Carolina, Ohio to Massachusetts, women are promised housing and food in exchange for work upon release but instead are deceived and prostituted for the human trafficking trade. Some traffickers stalk their victims through public-access profiles from statewide prison websites, then groom them over months through correspondence and phone calls.

Inside the largest women’s prison in the United States, the Florida Lowell Correctional Institution ...


Rationing Criminal Justice, Richard A. Bierschbach, Stephanos Bibas Jan 2017

Rationing Criminal Justice, Richard A. Bierschbach, Stephanos Bibas

Faculty Scholarship at Penn Law

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 ...


Predictive Analytics' Punishment Mismatch, Jessica M. Eaglin Jan 2017

Predictive Analytics' Punishment Mismatch, Jessica M. Eaglin

Articles by Maurer Faculty

No abstract provided.


Criminal Justice And (A) Catholic Conscience, Leo E. Strine Jr. Jan 2016

Criminal Justice And (A) Catholic Conscience, Leo E. Strine Jr.

Faculty Scholarship at Penn Law

This article is one person's reflections on how an important influence on his own sense of moral values -- Jesus Christ -- affects his thinking about his own approach to his role as a public official in a secular society, using the vital topic of criminal justice as a focal point. This article draws several important lessons from Christ's teachings about the concept of the other that are relevant to issues of criminal justice. Using Catholicism as a framework, this article addresses, among other things, capital punishment and denying the opportunity for redemption; the problem of racial disparities in the ...


The Drug Court Paradigm, Jessica M. Eaglin Jan 2016

The Drug Court Paradigm, Jessica M. Eaglin

Articles by Maurer Faculty

Drug courts are specialized, problem-oriented diversion programs. Qualifying offenders receive treatment and intense court-supervision from these specialized criminal courts, rather than standard incarceration. Although a body of scholarship critiques drug courts and recent sentencing reforms, few scholars explore the drug court movement’s influence on recent sentencing policies outside the context of specialized courts.

This Article explores the broader effects of the drug court movement, arguing that it created a particular paradigm that states have adopted to manage overflowing prison populations. This drug court paradigm has proved attractive to politicians and reformers alike because it facilitates sentencing reforms for low-level ...


"Get Tough On Juvenile Criminals": An Assessment Of Punitiveness And Punitive Attitudes, Richard Charles Gehrke Jan 2016

"Get Tough On Juvenile Criminals": An Assessment Of Punitiveness And Punitive Attitudes, Richard Charles Gehrke

All Theses, Dissertations, and Other Capstone Projects

This quantitative study surveyed college students (n=111), currently attending a community college in northeastern Minnesota, regarding whether juveniles should receive the same due process rights as adults, what the primary goal of the juvenile justice system should be, whether juveniles charged with serious offenses should be tried as adults, and whether juveniles convicted of committing a serious offense should be sentenced as adults. Utilizing two competing theoretical frameworks, the researcher hypothesized that students who self-identify with a conservative political ideology would be more punitive than students who self-identify with a liberal political ideology. The researcher's second hypothesis was ...


Punishment In The State Of Nature: John Locke And Criminal Punishment In The United States Of America, Matthew K. Suess Jan 2015

Punishment In The State Of Nature: John Locke And Criminal Punishment In The United States Of America, Matthew K. Suess

Washington University Jurisprudence Review

No abstract provided.


Powerlessness Within A Budget-Driven Paradigm: A Grounded Theory Leadership Study From The Perspective Of Michigan Corrections Officers, Timothy Michael Eklin Jan 2015

Powerlessness Within A Budget-Driven Paradigm: A Grounded Theory Leadership Study From The Perspective Of Michigan Corrections Officers, Timothy Michael Eklin

Dissertations & Theses

This study explored the lived-experiences of 15 correctional officers and 5 sergeants working in adult state-operated prison facilities in Michigan. In particular, this qualitative grounded theory study revealed the impact that budget driven decision-making had on the lives of correctional officers: its effect on institutional custody, security, and safety. The study finds that many recent policy changes resulted in a sense of powerlessness expressed by the participants of the study. Participants found themselves in a precarious position, situated in between the prison population and the administration. Having an understanding of how correctional officers make meaning of their work in relation ...


Reducing Racial And Ethnic Disparities In Jails: Recommendations For Local Practice, Jessica M. Eaglin, Danyelle Solomon Jan 2015

Reducing Racial And Ethnic Disparities In Jails: Recommendations For Local Practice, Jessica M. Eaglin, Danyelle Solomon

Articles by Maurer Faculty

People of color are overrepresented in our criminal justice system. One in three African American men born today will be incarcerated in his lifetime. In some cities, African Americans are ten times more likely to be arrested when stopped by police. With the national debate national focused on race, crime, and punishment, criminal justice experts are examining how to reduce racial disparities in our prisons and jails, which often serve as initial entry points for those who become entangled in the criminal justice system.

This report, which relies on input from 25 criminal justice leaders, pinpoints the drivers of racial ...


The Corrections System Must Make More Accommodations For The Needs Of Motherhood During Incarceration And The Parole Period, Susan Bloom Aug 2014

The Corrections System Must Make More Accommodations For The Needs Of Motherhood During Incarceration And The Parole Period, Susan Bloom

Theses & Dissertations

While the overall prison population has experienced an unprecedented growth period over the past thirty years, no segment has grown at a faster rate than the female population. Since the majority of female inmates in this country are mothers, it is imperative that the corrections system addresses the unique needs of this subset. This thesis investigates problems women face during the pregnancy period, while in labor and delivery, while their progenies are infants, children and adolescents and reunification issues during the parole period.


A Systems Approach To Error Reduction In Criminal Justice, John Hollway Feb 2014

A Systems Approach To Error Reduction In Criminal Justice, John Hollway

Faculty Scholarship at Penn Law

The “systems approach” has been used, improved, and refined over time to improve safety and reduce errors in a variety of complex, high-risk industries, including health care, aviation, and manufacturing, among others. Such an approach targets the system for improvement rather than specific individuals within the system, and seeks to provide an environment that maximizes each participant’s ability to act safely and in a way that achieves the goals of the system. It prizes a non-punitive culture of disclosure to identify errors, gathers and applies data to understand the causes of the error, and tests systems changes to prevent ...


Perceptions And Occurrences Of Relationship Abuse And Sexual Assault, Jessica Parenteau Jan 2014

Perceptions And Occurrences Of Relationship Abuse And Sexual Assault, Jessica Parenteau

Honors Projects Overview

Previous research illustrates that college age students experience relationship abuse and sexual assault. I test lifestyle-routine activities theory to determine how college students perceive non-stranger relationship abuse and/or sexual assault and if both are occurring on a college campus, off a college campus, or through technology, including social media. Like previous studies, this one found that alcohol played a role in victimization. Also, more male participants than female participants were likely to be harassed through social media than in actual physical locations, such as at a bar or a private party. Findings from this study show that both women ...


What Are The Key Competencies, Qualities, And Attributes Of The African American Municipal Police Chief?, Patrick Oliver Jul 2013

What Are The Key Competencies, Qualities, And Attributes Of The African American Municipal Police Chief?, Patrick Oliver

Faculty Dissertations

The purpose of this dissertation was to identify and understand the dimensions of leadership of those African Americans, who are effective as the chief executive officer (CEO) of a municipal law enforcement agency, and thereby to educate and inform both those aspiring to be police chiefs and those presently serving as police chiefs, particularly African Americans. Four content areas were examined to gain a better understanding of the research question: (1) Police executive leadership literature; (2) African American leadership; (3) The trait theory of leadership; (4) emotional intelligence. Study participants were all African American police chiefs with the expertise and ...


Neorehabilitation And Indiana's Sentencing Reform Dilemma, Jessica M. Eaglin Jan 2013

Neorehabilitation And Indiana's Sentencing Reform Dilemma, Jessica M. Eaglin

Articles by Maurer Faculty

No abstract provided.


Against Neorehabilitation, Jessica M. Eaglin Jan 2013

Against Neorehabilitation, Jessica M. Eaglin

Articles by Maurer Faculty

In the face of severe budget constraints, bipartisan calls for reform, dropping crime rates, and judicial intervention, states are seriously considering and implementing criminal justice reform to manage prison populations for the first time in three decades. Scholars agree that states need a guiding theory to transform emergency and short-term reforms into a long-term shift in policy and practice away from mass incarceration. Numerous scholars advocate for a return to an improved theory of rehabilitation to guide the states in implementing such reform. This return-through neorehabilitation, or the rehabilitation of rehabilitation-centers on the use of evidence-based programming and predictive tools ...


Perceived Job Readiness Among The Previously Incarcerated, Amy Audet Apr 2012

Perceived Job Readiness Among The Previously Incarcerated, Amy Audet

Honors Projects Overview

This study aims to determine the primary factor in employment readiness for previously incarcerated individuals. Ex offenders were were surveyed for job readiness using a scale developed in the studies' literature review. This scale emcompasses factors such as skills, knowledge, confidence and goals. Surveys were also done according to age, age of first incarceration, incarceration history and job training history. Because this population is marginalized, this study may bring new awareness about the effects of employer discrimination and the need for future programs to increase job readiness among the previously incarcerated individuals.


Capital Punishment And Race: Racial Culture Of The South, Jerry Joubert Jan 2012

Capital Punishment And Race: Racial Culture Of The South, Jerry Joubert

Undergraduate Review

There are currently 34 states with the death penalty and 16 states without the death penalty in the United States. According to the most recent report from the Death Penalty Information Center, there have been 1276 executions in the United States since 1976. In the year 2011 alone, there were 42 executions. This was 4 executions less than the previous year. Among the 1276 total executions in the United States since 1976, 1048 have taken place in the South. There are approximately 3,251 inmates on death row. African-Americans represent 42% of these inmates (Death Penalty Information Center, 2011). This ...


Juvenile Life Without Parole, Kallee Spooner Jan 2012

Juvenile Life Without Parole, Kallee Spooner

Undergraduate Review

The purpose of this paper is to analyze data, policy trends, and legal concerns on the issue of sentencing juvenile offenders to life without the possibility of parole (LWOP). Policy changes in the 1980s and 90s dramatically changed the sentencing outcomes for juvenile offenders. Significantly departing from the rehabilitative goals established by the juvenile court, states adopted harsher punishments, including LWOP. During this shift, the diminished culpability of youth became insignificant when compared to the nature of their crimes. The recent cases of Roper v. Simmons (2005) and Graham v. Florida (2010) reinstated the importance of recognizing that juveniles are ...


Proper Crime Recording As An Effective Feedback Tool In Articulating A Crime Policy, Kevin A. Unter Mar 2011

Proper Crime Recording As An Effective Feedback Tool In Articulating A Crime Policy, Kevin A. Unter

Georgia Journal of Public Policy

Crime policy is subject to the policy process just like other governmental policies. An effective crime policy is one that reduces the amount of crime in a police department’s jurisdiction, e.g., the city. Accordingly, crime policy consists of the same policy components – agenda setting, formulation, implementation, and feedback. The implementation of any crime policy depends on the information collected by police departments, often through crimes reported to the department via 9-1-1 calls or brought to a police officer’s attention through proactive police work. The success of that police work relative to the reported crime first depends on ...


From Rapists To Superpredators: What The Practice Of Capital Punishment Says About Race, Rights And The American Child, Robyn Linde Mar 2011

From Rapists To Superpredators: What The Practice Of Capital Punishment Says About Race, Rights And The American Child, Robyn Linde

Faculty Publications

At the turn of the 20th century, the United States was widely considered to be a world leader in matters of child protection and welfare, a reputation lost by the century’s end. This paper suggests that the United States’ loss of international esteem concerning child welfare was directly related to its practice of executing juvenile offenders. The paper analyzes why the United States continued to carry out the juvenile death penalty after the establishment of juvenile courts and other protections for child criminals. Two factors allowed the United States to continue the juvenile death penalty after most states ...


Policing In The United States: Balancing Crime Fighting And Legal Rights, John Eterno Ph.D. Jan 2011

Policing In The United States: Balancing Crime Fighting And Legal Rights, John Eterno Ph.D.

Faculty Works: Criminal Justice and Legal Studies

Policing in any nation is an inextricable and essential aspect of the existing government. The government of the United States is an elected democracy. It is a tripartite system including legislative, executive, and judicial branches. Essentially, the legislature creates the laws, the executive is charged with enforcing laws, and the judiciary interprets the laws. At the federal level these branches are the president, Congress, and federal courts (the highest court being the United States Supreme Court). Because the founding fathers of the U.S. (the authors and supporters of the Constitution of the United States) feared tyranny, no branch of ...


Improving Criminal Justice: How Can We Make The American Criminal Justice System More Just?, Joseph L. Hoffmann, Nancy J. King Jan 2011

Improving Criminal Justice: How Can We Make The American Criminal Justice System More Just?, Joseph L. Hoffmann, Nancy J. King

Articles by Maurer Faculty

No abstract provided.


Examining The Impact Of Drug Court Participation For Moderate And High Risk Offenders, Kara Kobus May 2009

Examining The Impact Of Drug Court Participation For Moderate And High Risk Offenders, Kara Kobus

UNLV Theses, Dissertations, Professional Papers, and Capstones

The purpose of this study was to examine the impact of drug court participation among moderate and high risk offenders. While studies have found that intensive programs, such as drug courts, are more effective when focusing their services on high risk offenders, few studies have examined the relationship between offender risk and drug court effectiveness. Using the Level of Service Inventory-Revised (LSI-R) as a measure of offender risk, the study employed a quasi-experimental design to compare outcomes of drug court participants (n=228) and a matched sample of probationers (n=252). The analyses showed that drug court participants had lower ...


Research On The Effectiveness Of The Rhode Island Adult Drug Court, Stephen T. Burke Jan 2009

Research On The Effectiveness Of The Rhode Island Adult Drug Court, Stephen T. Burke

Honors Projects Overview

Investigates the effectiveness of the Rhode Island Adult Drug Court Program (RIADC) by examining the impact of the treatment modalities offered by the Drug Court on paticipants' likelihood of graduating successfully from the Program. Uses data on the seventy-one participants in the Program during the 2005/6 Court cycle, and describes the results in detail.


How To Make After School Programs Work: A Study Of Successful After School Programs In Five States, Caitlin Laboissonniere Jan 2009

How To Make After School Programs Work: A Study Of Successful After School Programs In Five States, Caitlin Laboissonniere

Honors Projects Overview

Explores the factors that make a high school after school program successful. Eight programs from five states participated by completing a voluntary survey. Half of the programs are categorized as being a success, with results indicating that the types of activities offered to teens is the most important aspect in ensuring a successful after school program.


Criminal Profiling As A Psychologically Influenced Aid To Criminal Investigations, Melissa Hadley Aug 2005

Criminal Profiling As A Psychologically Influenced Aid To Criminal Investigations, Melissa Hadley

Senior Honors Theses

Criminal profiling is increasingly becoming a more highlighted part of the investigation process. By evaluating the crime scene, combining information about the victim and other evidence, a profiler deduces characteristics of the offender. The profiles that are created are based on research, fact, and previous experience. Although they generally will not solve crimes, they can help by narrowing down long lists of suspects and providing direction for an investigation.

Psychology is an essential piece of the profiling puzzle, and much of the analysis is based in data from the field. Specific disorders revealed through many aspects of the crime can ...


Criminal Prosecution And Civil Remedies For Victims Of Sexual Offenses: Amendment Of The Rape Shield Law, Carol E. Jordan, Elizabeth S. Hughes, Mary Jo Gleason Jan 2005

Criminal Prosecution And Civil Remedies For Victims Of Sexual Offenses: Amendment Of The Rape Shield Law, Carol E. Jordan, Elizabeth S. Hughes, Mary Jo Gleason

Office for Policy Studies on Violence Against Women Publications

In 2003, the Kentucky Supreme Court adopted the amended KRS 412, effectively making the language of KRE 412 consistent with the analogous Federal Rule of Evidence 412. Now, as in federal court, the provisions of the Rape Shield Law apply in both criminal and civil cases to govern when and how evidence of a victim's alleged sexual behavior or sexual predisposition may be introduced. The article describes the intent of the original Rape Shield Law and the implications of its amended version in both civil and criminal cases.