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Full-Text Articles in Law Enforcement and Corrections

Proportionality, Constraint, And Culpability, Mitchell N. Berman Sep 2021

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 …


Blameworthiness, Desert, And Luck, Mitchell N. Berman Sep 2021

Blameworthiness, Desert, And Luck, Mitchell N. Berman

All Faculty Scholarship

Philosophers disagree about whether outcome luck can affect an agent’s “moral responsibility.” Focusing on responsibility’s “negative side,” some maintain, and others deny, that an action’s results bear constitutively on how “blameworthy” the actor is, and on how much blame or punishment they “deserve.” Crucially, both sides to the debate assume that an actor’s blameworthiness and negative desert are equally affected—or unaffected—by an action’s results. This article challenges that previously overlooked assumption, arguing that blameworthiness and desert are distinct moral notions that serve distinct normative functions: blameworthiness serves a liability function (removing a bar to otherwise impermissible treatments), whereas desert serves …


Victim Impact: The Manson Murders And The Rise Of The Victims’ Rights Movement, Merrill W. Steeg May 2021

Victim Impact: The Manson Murders And The Rise Of The Victims’ Rights Movement, Merrill W. Steeg

University of New Orleans Theses and Dissertations

No abstract provided.


Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams May 2021

Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams

Honors Theses

The purpose of this research is to examine the political, social, and economic factors which have led to inhumane conditions in Mississippi’s correctional facilities. Several methods were employed, including a comparison of the historical and current methods of funding, staffing, and rehabilitating prisoners based on literature reviews. State-sponsored reports from various departments and the legislature were analyzed to provide insight into budgetary restrictions and political will to allocate funds. Statistical surveys and data were reviewed to determine how overcrowding and understaffing negatively affect administrative capacity and prisoners’ mental and physical well-being. Ultimately, it may be concluded that Mississippi has high …


United States Judicial System Failures And Solutions, Braden P. Barker Apr 2021

United States Judicial System Failures And Solutions, Braden P. Barker

English Department: Research for Change - Wicked Problems in Our World

For years, the American judicial system has unfairly punished the American people. These actions have led to serious societal consequences. We have prisons that sentence people to harsh punishment for nonviolent offenses, an overfunded and militarized police force, and racial biases that lead to the tragic killings of black people at the hands of the police that are intended to protect and serve us. This essay looks to diagnose the United States judicial system’s woes. More importantly, we take a look at what steps can be taken immediately to begin reversing the negative impact of these issues.


Courageous Endurance: The Lived Experiences Of Trans Folx And The Criminal Legal System, April Carrillo Apr 2021

Courageous Endurance: The Lived Experiences Of Trans Folx And The Criminal Legal System, April Carrillo

Sociology & Criminal Justice Theses & Dissertations

The field of criminology and criminal justice have widely ignored the experience of being a trans person and interacting with the criminal legal system, despite the reality that trans folx experience discrimination and harm at the hands of criminal legal practitioners. This dissertation explores these experiences, as well as how trans folx navigate a myriad of other issues to include their identity and institutional discrimination. Trans folx are not guaranteed many protections or rights in the United States which leaves them at an especially vulnerable position when entering the criminal legal system. Essentially, trans folx are forced to navigate a …


Close Encounters: Mass Incarceration Tactics, Kevin L. Jones Mar 2021

Close Encounters: Mass Incarceration Tactics, Kevin L. Jones

The Journal of Faith, Education, and Community

As a Black man living in America, my Christian faith walk began at an early age. Growing up in a suburban environment, I had several encounters with law enforcement that shaped my belief system. These encounters were and still are a stark reminder that Black boys and men are under attack. Policing negatively impacts Black boys and men when compared to other races of people. I realized that I was in their cross hairs and I was almost consumed by the criminal justice system on many occasions. Through the lens of Critical Race Theory, this work focused on the centrality …


A History Of Distrust: How Knowing The Law Impacts African American Males' Perceptions Of Police Encounters, Glynell R. Horn Jr. Jan 2021

A History Of Distrust: How Knowing The Law Impacts African American Males' Perceptions Of Police Encounters, Glynell R. Horn Jr.

Antioch University Full-Text Dissertations & Theses

From its inception American Law Enforcement was built from a racially motivated system in which African Americans were subject to discriminatory treatment. Unfortunately, that treatment still persists in modern day policing, which is highlighted by the deaths of Eric Garner and George Floyd to name a few. There is no surprise that law enforcement needs to improve trust with the African American community; however there is a dire need for a new approach. This study is unique because unlike previous research this study focuses solely on African American males that reside in disenfranchised communities that are most at risk for …