Social and Behavioral Sciences Commons^™

Keep Kids Out Of Prison: Community-Based Alternatives For Nonviolent Juvenile Offenders, Anessa L. Pennington

Intuition: The BYU Undergraduate Journal of Psychology

Abstract

While juvenile crime has dropped over the past 20 years, tens of thousands of juvenile offenders are still incarcerated around the country, many of whom are nonviolent offenders. Researchers have found that detention centers, sometimes indistinguishable from adult prisons, do little to reduce recidivism and rehabilitate the offender. Rather, detention brings about more adverse effects than it does benefits. If incarceration isn’t working, how are the United States and other countries to deal with and deter juvenile crime? Community-based programs are a promising alternative to incarceration; instead of jumpsuits and cramped cells, community-based programs rely on community resources and …

Making Freedom Free: A Call For Bail Reform In America’S Broken Criminal Justice System, Jordan L. Sharpe

Undergraduate Theses and Capstone Projects

Studies have shown that in the past fifteen years, the number of people jailed in the United States has sharply increased, thereby continuing the upward trend of incarceration that erupted in the 1980s. Jail populations are steadily increasing; yet, in the past fifteen years, the number of people convicted of crimes has stayed the same. The reason for this phenomenon: individuals are forced to remain in jail not because they are deemed a threat to public safety, but because they cannot afford the cost of bail. This system has drastically deviated from its original purposes and now destroys lives by …

Covid-19: The Industrial Prison Complex And Black Bodies, Christian A. Rodriguez

Student Publications

COVID-19 has exposed a variety of issues and insecurities in our world since its eruption in 2020. While it is heavily discussed, debated and researched, much of the virus’ impact is not covered in communities and areas where marginalized bodies suffer disproportionately. One of the most undermined and blanketed populations in our country during the time of the pandemic (and for decades before) is the prison population, which has seen soaring cases and deaths since the virus first touched down in the states. Much of the prison population consist of black men and women and sadly mirror the same health …

Debt Bondage: How Private Collection Agencies Keep The Formerly Incarcerated Tethered To The Criminal Justice System, Bryan L. Adamson

Northwestern Journal of Law & Social Policy

This Article examines the constitutionality of statutes which allow courts to transfer outstanding legal financial obligations to private debt collection agencies. In Washington State, the clerk of courts can transfer the legal financial obligation of a formerly incarcerated person if he or she is only thirty days late making a payment. Upon transfer, the debt collection agencies can assess a “collection fee” of up to 50% of the first $100.000 of the unpaid legal financial obligation, and up to 35% of the unpaid debt over $100,000. This fee becomes part of the LFO debt imposed at sentencing, and like that …

Judicial Elections, Public Opinion, And Their Impact On State Criminal Justice Policy, Travis N. Taylor

Theses and Dissertations--Political Science

This dissertation explores whether and how the re-election prospects faced by trial court judges in many American states influence criminal justice policy, specifically, state levels of incarceration, as well as the disparity in rates of incarceration for Whites and Blacks. Do states where trial court judges must worry about facing reelection tend to encourage judicial behavior that results in higher incarceration rates? And are levels of incarceration and racial disparities in the states influenced by the proportion of the state publics who want more punitive policies? These are clearly important questions because they speak directly to several normative and empirical …

Misdemeanors By The Numbers, Sandra G. Mayson, Megan T. Stevenson

All Faculty Scholarship

Recent scholarship has underlined the importance of criminal misdemeanor law enforcement, including the impact of public-order policing on communities of color, the collateral consequences of misdemeanor arrest or conviction, and the use of misdemeanor prosecution to raise municipal revenue. But despite the fact that misdemeanors represent more than three-quarters of all criminal cases filed annually in the United States, our knowledge of misdemeanor case processing is based mostly on anecdote and extremely localized research. This Article represents the most substantial empirical analysis of misdemeanor case processing to date. Using multiple court-record datasets, covering several million cases across eight diverse jurisdictions, …

The Role Of The Community Health Delivery System In The Health And Well-Being Of Justice-Involved Women: A Narrative Review, Sharla A. Smith, Glen P. Mays, Tracie C. Collins, Megha Ramaswamy

Health Management and Policy Faculty Publications

Background: Over seven million imprisoned and jailed women are released into the community each year and many are ill-equipped to meet the challenges of re-integration. Upon release into their community, women are faced with uncertain barriers and challenges using community services to improve their health and well-being and reuniting with families. Few studies have identified and described the barriers of the community health delivery system (CHDS)- a complex set of social, justice, and healthcare organizations that provide community services aimed to improve the health and well-being (i.e. safety, health, the success of integration, and life satisfaction) of justice-involved women. We …

Public Authority And Private Prisons: How Private Prison Labor Contributes To National Employment Precarity, Kaitlyn Oder

International Political Economy Theses

Private uses of prison labor are illegal internationally, and not without reason. A lack of public oversight and regulations of wages mean that prison labor is often exploited in exchange for increased profitability for private prisons and sometimes the private companies they contract with. This paper will explicate the ways in which private uses of prison labor contribute to wage and employment precarity and ultimately cost numerous non incarcerated low wage individuals in the United States their jobs and livelihoods. It offers potential policy solutions and paths forward for new research to better link the sociological and economic considerations of …

The Irrational Appeal Of The Punishment Paradigm: How "Tough On Crime" Subverts Reason And Empathy, Curry Carr

Student Symposium

This investigation will examine the ways of thinking that facilitated the enactment of harsh sentencing laws in the U.S., with a specific focus on truth in sentencing laws in Illinois. Truth in sentencing laws dictate that people convicted of violent crimes must serve 85%-100% of their sentences, basically eliminating their chances for parole for good behavior. In the 1980s and 1990s almost every state enacted truth in sentencing laws after federal funding was promised to those who do. The implementation of these laws, in some ways, seemed to follow reason, especially when states lowered the requisite time served during a …

Exploring Locus Of Control In Offender Cognition And Recidivism Paradigms, Anistasha Lightning, Danielle Polage

All Master's Theses

Working with four Washington State county jails to administer surveys to currently incarcerated inmates, we investigated locus of control and beliefs in the likelihood of continued legal involvement as possible antecedents to criminal recidivism. The surveys examined whether there was any connection between legal involvement frequency and the externalization of locus of control. We investigated external locus of control with specific respect to involvement with the law, the prospect of future incarceration, and feelings concerning the overall cause of original and/or sustained legal involvement utilizing the Revised Causal Dimension Scale (McAuley, Duncan, & Russell, 1992). We identified statistically significant interactions …

Foreword: Abolition Constitutionalism, Dorothy E. Roberts

All Faculty Scholarship

In this Foreword, I make the case for an abolition constitutionalism that attends to the theorizing of prison abolitionists. In Part I, I provide a summary of prison abolition theory and highlight its foundational tenets that engage with the institution of slavery and its eradication. I discuss how abolition theorists view the current prison industrial complex as originating in, though distinct from, racialized chattel slavery and the racial capitalist regime that relied on and sustained it, and their movement as completing the “unfinished liberation” sought by slavery abolitionists in the past. Part II considers whether the U.S. Constitution is an …

Assessing Columbia's Homeless Court, Andrew Wilson

Senior Theses

This report provides relevant background information on the state of homelessness in Columbia and describes the problems that criminal offenders who are homeless faced under traditional modes of correction. It then outlines the concept and history of the homeless court model and explains how these programs are intended to improve legal outcomes for individuals facing homelessness. The collection of perspectives from government and nonprofit stakeholders and homeless court participants brought together in the thesis form a qualitative framework for considering how successful the homeless court has been in accomplishing its goals and what opportunities exist for improving it. Additionally, this …

Judicious Imprisonment, Gregory Jay Hall

All Faculty Scholarship

Starting August 21, 2018, Americans incarcerated across the United States have been striking back — non-violently. Inmates with jobs are protesting slave-like wages through worker strikes and sit-ins. Inmates also call for an end to racial disparities and an increase in rehabilitation programs. Even more surprisingly, many inmates have begun hunger strikes. Inmates are protesting the numerous ills of prisons: overcrowding, inadequate health care, abysmal mental health care contributing to inmate suicide, violence, disenfranchisement of inmates, and more. While recent reforms have slightly decreased mass incarceration, the current White House administration could likely reverse this trend. President Donald Trump’s and …

Global Pretrial Detention Use: A Cross-National Analysis, Martin Schönteich

Dissertations, Theses, and Capstone Projects

To better understand global pretrial detention patterns, this study explores economic, political, and social factors associated with two measures of pretrial detention: the number of pretrial detainees as a rate of the general population, and the number of pretrial detainees as a proportion of the overall prison population. Through simple correlation analysis, stepwise regression, and moderation analyses, the study identifies factors which are most strongly associated with the two pretrial detention measures. The literature does not report any large-scale cross-national studies on pretrial detention. This study addresses this gap, focusing exclusively on pretrial detention using a large cross-national sample of …

The Relationship Between Recidivism Rates And Post Release Employment, Richard Louis

Theses and Dissertations

The Relationship Between Recidivism Rates and Post Release Employment. Richard Louis 2018: Applied Dissertation, Nova Southeastern University, Abraham S. Fischler College of Education. Keywords: Ban the Box; Conviction, Incarceration, and Recidivism; Disparate Impact; Human Resources and Negligent Hiring; Parole, Probation, and Ex-Offenders

This applied dissertation was designed to study the relationship between recidivism rates and post release employment. This study utilized three survey instruments with human resource or hiring officers, probation or parole officers, and direct service providers as the respective participants. The survey instruments were distributed anonymously to each of the populations via Survey Monkey. The research study and …

Proposition 47 And Crime: A Difference In Differences Analysis Of Incarceration Rates And Crime Using Border Counties, Brian J. Fischer

Theses and Dissertations

California passed Proposition 47 by vote and changed the way the state punishes drug and theft. I find an increase in crime using a difference in differences model by computing the change in thefts with the change in inmates. This effect sides with anecdotal claims and disagrees with empirical studies.

The American And Swedish Criminal Justice System: A Comparative Study, Josefin Hedstrom

Electronic Theses and Dissertations

Hosting 22 percent of the world’s prison population, the United States is the number one country in the world regarding incarceration rates where 1 in 109 adults are locked up behinds bars and about two-thirds of offenders will recidivate within three years of their release (Durose, Coope, & Snyder, 2014; Kaeble, Glaze, Tsoutis, & Minton, 2016; U.S. Census Bureau, 2015; Walmsley, 2013). Sweden has one of the lowest recidivism and incarceration rates in the world where only 29 percent reoffend and 1 in 2,278 of their total population is behind bars (Kriminalvården, 2017; The World Bank, 2016). The purpose of …

Mental Disorder And Criminal Justice, Stephen J. Morse

All Faculty Scholarship

This paper is a chapter that will appear in REFORMING CRIMINAL JUSTICE: A REPORT OF THE ACADEMY FOR JUSTICE BRIDGING THE GAP BETWEEN SCHOLARSHIP AND REFORM (Erik Luna ed., Academy for Justice 2018). The criminal law treats some people with severe mental disorders doctrinally and practically differently at virtually every stage of the criminal justice process, beginning with potential incompetence to stand trial and ending with the question of competence to be executed, and such people have special needs when they are in the system. This chapter begins by exploring the fundamental mental health information necessary to make informed judgements …

Length Of Pretrial Detainment For Inmates With Mental Illness, Maria Pereira-Sosa

Walden Dissertations and Doctoral Studies

There has been an increase in the number of individuals with mental illness being housed in correctional facilities over the last 50 years. In this study, the length of pretrial detention was compared for inmates who have a mental illness and are compliant with psychiatric medications, inmates who have a mental illness and are noncompliant or not prescribed psychiatric medication, and inmates with no mental illness. I also examined if inmates who have a mental illness have less severe charges and if there was a difference in the classification of mental health diagnoses for inmates who are and are not …

Reconsidering Incarceration: New Directions For Reducing Crime, Don Stemen

Don Stemen

Little empirical study had been done to confirm or refute the effectiveness of incarceration in reducing crime rates when America began its historic reliance on prisons in the 1970s. Today, conversely, policymakers are faced with a large, complex, and sometimes contradictory body of research. This paper seeks to help officials make sense of this information and offers an up-to-date understanding of what works best. It also examines research on several of the other factors that might be developed as part of an expanded notion of public safety. Informed by this more inclusive understanding of current research, it suggests that effective …

Changing Fortunes Or Changing Attitudes: Sentencing And Corrections Reforms In 2003, Jon Wool, Don Stemen

Don Stemen

No abstract provided.

Book Review: Rethinking Prison Reentry: Transforming Humiliation Into Humility, Joni Schwartz

Publications and Research

Review of the book:

Gaskew, T. (2014). Rethinking prison reentry: Transforming humiliation into humility. Lanham, MD: Lexington Books. ISBN: 978-0-7391-8312-0.

The Prison Paradox: More Incarceration Will Not Make Us Safer, Don Stemen

Criminal Justice & Criminology: Faculty Publications & Other Works

No abstract provided.

Are Hispanics Discriminated Against In The Us Criminal Justice System?, Maria A. Eijo De Tezanos Pinto

Graduate Research Posters

Recent publications have contributed to increase the perception among Hispanics of an unfair and unequal treatment of this community by the US Criminal Justice System. One of the major concerns was the claim that Hispanics are incarcerated before conviction nearly twice as often as Whites. Unfair treatment perception by the population reduces legitimacy of police and government, and thus, it is imperative to analyze these uninvestigated allegations. Therefore, the purpose of this study is to address said allegations of discrimination against Hispanics and analyze with updated and reliable statistics whether Hispanics are incarcerated before conviction more often than Whites. There …

Visualizing Abolition: Two Graphic Novels And A Critical Approach To Mass Incarceration For The Composition Classroom, Michael Sutcliffe

SANE journal: Sequential Art Narrative in Education

This article outlines two graphic novels and an accompanying activity designed to unpack complicated intersections between racism, poverty, and (d)evolving criminal-legal policy. Over 2 million adults are held in U.S. prison facilities, and several million more are under custodial supervision, and it has become clearly unsustainable. In the last decade, there has been a shift in media conversations about criminality, yet only a few suggest decreasing our reliance upon incarceration. In meaningfully different ways, the two novels trace the development of incarceration from its roots in slavery to its contemporary anti-democratic iteration and offer an underpublicized alternative.

Critical and community …

Decriminalizing Mental Illness: The Need For Treatment Over Incarceration Before Prisons Become The New Asylums For The Mentally Ill, Rebecca L. Brown

Psychology Summer Fellows

Currently, US prisons are home to 10 times more mentally ill individuals than state psychiatric hospitals. Instead of treating those with mental illness, an extremely vulnerable population is being thrown behind bars. Mental illness is often exacerbated during incarceration, leaving inmates much sicker than when they entered. Moreover, upon discharge mentally ill inmates have virtually no support, making recidivism almost inevitable. This lack of treatment has devastating consequences for the mentally ill as well as the community at large. Removing the mentally ill from jails and prisons would reduce recidivism, increase public safety and save money.

The current research explores …

The Power And Importance Of Emotional Investment In Scholarly Research: An Ethnographic Account Of San Luis Obispo County Juvenile Hall, Claire E. Shannon

Communication Studies

No abstract provided.

Cited In Milwaukee: The Cost Of Unpaid Municipal Citations, John Pawasarat, Marilyn Walzak

ETI Publications

The Employment and Training Institute collaborated on a project with the Justice Initiatives Institute examining Branch A Milwaukee Municipal Court cases from 2008 to 2013 using records obtained from the Milwaukee Municipal Court and the Milwaukee County Sheriff’s Office and focusing on the population incarcerated for municipal ordinance violations. A majority of those jailed for failure to pay municipal judgments were not employed at the time of booking. Municipal courts often denied Wisconsin residents unable to pay or delinquent in paying court judgments for municipal citations their right to drive for two years -- jeopardizing workers’ employment options and placing …

The Argument For Moving Away From Residential Placement For Most Juvenile Offenders, Marika Dawkins

Contemporary Issues in Juvenile Justice

No abstract provided.

The Interaction Effects Of Subjective And Structural Factors On Crime Among Formerly Incarcerated Males, Christopher Alvin Veeh

Electronic Theses and Dissertations

The high rate of recidivism in the over 600,000 individuals who return from incarceration each year is an important social problem facing U.S. society and the criminal justice system. Efforts undertaken so far early in the 21st century to address the problem of recidivism in the formerly incarcerated, particularly prison reentry programs, have produced disappointing results at reducing the rate of recidivism. Therefore, there is a need to identify new ways for prison reentry programs to reduce recidivism among individuals recently returned from prison, and social work with its person-in-environment perspective can make an important contribution through conducting research to …