Social and Behavioral Sciences Commons^™

Imprisoning Rationalities, Eileen Baldry, David Brown, Mark Brown, Chris Cunneen, Melanie Schwartz, Alex Steel

David C. Brown

Imprisonment is a growth industry in Australia. Over the past 30-40 years all state and territory jurisdictions have registered massive rises in both the absolute numbers of those imprisoned and the per capita use of imprisonment as a tool of punishment and control. Yet over this period there has been surprisingly little criminological attention to the national picture of imprisonment in Australia and to understanding jurisdictional variation, change and continuity in broader theoretical terms. This article reports initial findings from the Australian Prisons Project, a multi-investigator Australian Research Council funded project intended to trace penal developments in Australia since about …

Criminal Laws: Materials And Commentary On Criminal Law And Process In Nsw, Alex Steel, David Brown, David Farrier, Sandra Egger, Luke Mcnamara, Michael Grewcock, Donna Spears

David C. Brown

The success of Criminal Laws lies both in its distinctive features and in its appeal to a range of readerships. As one review put it, it is simultaneously a “textbook, casebook, handbook and reference work”. As such it is ideal for criminal law and criminal justice courses as a teaching text, combining as it does primary sources with extensive critical commentary and a contextual perspective. It is likewise indispensable to practitioners for its detailed coverage of substantive law and its extensive references and inter-disciplinary approach make it a first point of call for researchers from all disciplines. This fifth edition …

The Gulf Cooperative Council And The Arab Spring, Ahmed Souaiaia

Ahmed E SOUAIAIA

No abstract provided.

Apathy In The Face Of Cruelty, Ahmed Souaiaia

Ahmed E SOUAIAIA

No abstract provided.

'Difficulties And Solutions Of Teaching Translation At Gaza Strip Universities 'Palestine', Mohammed H. M. Al Aqad

Mohammed H. M. Al Aqad

This article sheds light on the teaching translation problems that Gaza strip universities students face. none can deny the important role of translation in human communication around the world From ancient time up until now .Translation is the gateway for understanding and dealing with others and their civilizations , Majority of translation theorists consent that translation is realize as a communicate process from a foreign language to the mother tongue, so translation considered a unique linguistic device that have the very important task of conveying the sense of the text from one language to another language. This is what Newmark …

The Impact Of Mandatory Supervised Release (Msr) And Time Served On Idoc's Population, David E. Olson, Donald Stemen

Criminal Justice & Criminology: Faculty Publications & Other Works

This presentation provided an overview of the impact that violators of Mandatory Supervised Release (MSR or "parole") had on Illinois' prison admissions and prison population as well as an overview of changes in sentences and time served by those admitted to prison in Illinois.

Prevention And Imminence, Pre-Punishment And Actuality, Gideon Yaffe

San Diego Law Review

In a variety of circumstances, it is justified to harm persons, or deprive them of liberty, in order to prevent them from doing something objectionable. We see this in interactions between individuals--think of self-defense or defense of others--and we see it in large-scale interactions among groups--think of preemptive measures taken by countries against conspiring terrorists, plotting dictators, or ambitious nations. We can argue, of course, about the details. Under exactly what conditions is it justified to inflict harm or deprive someone of liberty for reasons of prevention? But in having such arguments we agree on the fundamental idea: there are …

Prosecutorial Discretion And Plea Bargaining: Is There A Jury Trial Penalty?, Gina Hall

HIM 1990-2015

As the most powerful position of the courtroom workgroup, the prosecutor plays an essential role in the criminal justice system. From the defendant's initial contact with the criminal court process when the prosecutor makes the charging decision, until sentencing when the prosecutor's recommendation guides judicial discretion, prosecutors hold the power to decide a defendant's fate. Despite the parameters that govern their ability to use discretion, the prosecutor still maintains a significant amount of power to influence crucial decisions with regard to the defendant. The current study addresses the issue of prosecutorial discretion and the ability to mishandle the powers bestowed …

Parental Accountability For Children In Florida Examining The Oxymoron Of Parental Liability, Marco Specoli

HIM 1990-2015

This thesis examines the concept of parental liability and the effect it has in deterring juvenile delinquency, with an emphasis on Florida Law. It will also consider the concept's ability to properly compensate victims of juvenile offenses. The thesis focuses on the circumstances in which a parent or guardian may be liable for the actions of a child and how liability insurance law plays a key role in compensating innocent victims. It discusses Florida's public policy of seeking justice by holding parents responsible and the problems that it faces by doing so. The thesis further examines what issues arise when …

From Juvenile Court To The Adult Criminal Justice System: An Examination Of Judicial Waiver, Sheri Lu Jenkins Cruz

Dissertations

This project was concerned with how extra legal factors impact juvenile court judge‟s decisions to waive juveniles to the adult criminal court. This study had both a general and a specific purpose. Generally, it sought to identify and examine the perceptions of juvenile court judges regarding judicial waiver based on previous positions held and on the state in which the juvenile judge resides. Specifically, this study sought to examine the relationship between individual characteristics of juvenile court judges and their perceptions regarding judicial waiver. Based on the research questions, ten hypotheses were developed and tested. The population for this study …

Inchoate Crimes At The Prevention/Punishment Divide, Kimberly Kessler Ferzan

San Diego Law Review

In this Article, I argue that inchoate crimes are best dealt with under a preventive regime. Part II argues that inchoate crimes and preparatory offenses are primarily aimed at preventing a harm and not at punishing those who deserve it. It also revisits concerns with punishing incomplete attempts that Larry Alexander and I have voiced previously. Part III considers Alec Walen's recent proposal to combat terrorism through the criminalization of threats as an inchoate offense. It also addresses general concerns with Walen's proposal and claims that Walen does not resolve the problems with inchoate criminality set forth in Part II. …

How Money For Legal Scholarship Disadvantages Feminism, Martha T. Mccluskey

Journal Articles

A dramatic infusion of outside money has shaped legal theory over the last several decades, largely to the detriment of feminist theory. Nonetheless, the pervasive influence of this funding is largely ignored in scholarly discussions of legal theory. This denial helps reinforce the marginal position of feminist scholarship and of women in legal theory. Conservative activists and funders have understood the central role of developing community culture and institutions, and have helped shift the prevailing framework for discussion of many questions of theory and policy through substantial investments in law-and-economics centers and in the Federalist Society. Comparing the institutional resources …

Prevention As The Primary Goal Of Sentencing: The Modern Case For Indeterminate Dispositions In Criminal Cases, Christopher Slobogin

San Diego Law Review

This Article contends that properly constituted, indeterminate sentencing is both a morally defensible method of preventing crime and the optimal regime for doing so, at least for crimes against person and most other street crimes.

More specifically, the position defended in this Article is that, once a person is convicted of an offense, the duration and nature of sentence should be based on a back-end decision made by experts in recidivism reduction, within broad ranges set by the legislature. Compared to determinate sentencing, the sentencing regime advanced in this Article relies on wider sentence ranges and explicit assessments of risk, …

Lifting The Cloak: Preventive Detention As Punishment, Douglas Husak

San Diego Law Review

Most of the scholarly reaction to systems of preventive detention has been hostile. Negative judgments are especially prevalent among penal theorists who hold nonconsequentialist, retributivist rationales for criminal law and punishment. Surely their criticisms are warranted as long as we confine our focus to the existing systems of preventive detention that flagrantly disregard fundamental principles of legality and desert. Nonetheless, I believe that many of their more sweeping objections tend to rest too uncritically on doctrines of criminal theory that are not always supported by sound arguments even though they are widely accepted. I will contend that we cannot fully …

A Punitive Precondition For Preventive Detention: Lost Status As A Foundation For A Lost Immunity, Alec Walen

San Diego Law Review

This Article argues that the presumption that an actor will be law-abiding, like the right to liberty itself, can be forfeited by criminal actions. In other words, the point is to argue that a just punishment could involve loss of the status of being a beneficiary of this presumption just as much as it could involve the loss of liberty.

In Part II, I introduce a basic framework for detention consistent with respect for autonomy and locate the lost status view within that framework. In Part III, I spell out the lost status view in more detail and contrast it …

Dangerous Psychopaths: Criminally Responsible But Not Morally Responsible, Subject To Criminal Punishment And To Preventive Detention, Ken Levy

San Diego Law Review

How should we judge psychopaths, both morally and in the criminal justice system? This Article will argue that psychopaths are often not morally responsible for their bad acts simply because they cannot understand, and therefore be guided by, moral reasons.

Scholars and lawyers who endorse the same conclusion automatically tend to infer from this premise that psychopaths should not be held criminally punishable for their criminal acts. These scholars and lawyers are making this assumption (that just criminal punishment requires moral responsibility) on the basis of one of two deeper assumptions: that either criminal punishment directly requires moral responsibility or …

A Content Analysis Of Statutory Grounds For Involuntary Termination Of Parental Rights: The Impacts And Susceptibility Of Incarcerated Mothers And Their Children, Holly Marie Duke

Master's Theses

As the myriad of complex circumstances surrounding incarceration and foster care debilitate the parent-child relationship, the likelihood of legal severance between an incarcerated parent and their child increases. Despite the nation’s mounting prison population over the last three decades, the growing interaction between the prison and foster care populations has received minimal attention in the literature. To date, the influence of the statutory grounds for involuntary termination of parental rights on the legal severance between incarcerated parents and their children has been largely ignored. The purpose of this research is to determine the susceptibility of incarcerated parents to the involuntary …

State Super-Maximum Security Policies: An Examination Of Admission Characteristics, Classification Reviews, Mental Health Amenities, And Inmate Privileges, Harry Daniel Butler

Master's Theses

Super-maximum security prisons have flourished within a political environment that endorses tougher criminal sanctions. This punitive evolution has created new problems for correctional agencies attempting to control the “worst of the worst” inmates. Federal courts and researchers have examined the detrimental effects supermax isolation has on inmates’ mental health. This analysis examines forty-two state supermax policies to determine how states admit inmates to supermax custody, the classification review process, the management of inmates with mental illnesses, and the availability of privileges for supermax inmates. Drawing on the concept of the McDonaldization of Justice (Ritzer, 1993), particular attention is given to …

Structural Determinants Of Homicide: The Big Three, Maria Tcherni

Criminal Justice Faculty Publications

Building upon and expanding the previous research into structural determinants of homicide, particularly the work of Land, McCall and Cohen (1990), the current paper uses county-level data to disentangle three major influences on homicide rates: poverty, racial composition, and the disruption of family structure. Theoretical foundations of these influences are laid out, and the effects of the three factors on homicide rates are tested at two time periods as far removed from one another as possible: 1950-1960 and 1995-2005. All major variables typically used in homicide research are included as controls. The results of analyses show that the effects of …

Gendered Arrests Or Gendered Sentencing: Explaining The Narrowing Of The Gender Gap In Imprisonment Over Time: 1970–2008, Mark G. Harmon, Robert M. O'Brien

Criminology and Criminal Justice Faculty Publications and Presentations

Since 1970 the percentage of women incarcerated in U.S. prisons has risen from nearly 3 percent to almost 7 percent—more than doubling in less than 40 years. This article examines explanations for this phenomenon—concentrating on two: Changes in the relative rates of arrest for females and males and sentencing reforms that were instituted during this period. The authors examine trends in female to male imprisonment rates from 1970 to 2008 across all fifty states using panel analysis. The only robust relationship they find is between the ratio of female to male incarceration rates and the ratio of female to male …

The Impact Of Mandatory Supervised Release (Msr) And Time Served On Idoc's Population, David E. Olson, Donald Stemen

David E. Olson

This presentation provided an overview of the impact that violators of Mandatory Supervised Release (MSR or "parole") had on Illinois' prison admissions and prison population as well as an overview of changes in sentences and time served by those admitted to prison in Illinois.

Rethinking Justice In Transitional Justice: An Examination Of The Mãori Conception And Customary Mechanism Of Justice, Stephanie Vieille

Electronic Thesis and Dissertation Repository

As a relatively young field of academic inquiry, the transitional justice scholarship presents some important difficulties, not least of which is its lack of critical evaluation of the approaches to justice it adopts and promotes. This research argues that the framework used in the transitional justice scholarship is ill-suited to account for, and to think about, the philosophy of justice embodied in customary mechanisms of justice. It explains that the type of “justice” embodied in customary mechanisms of justice is difficult to appreciate by using the retributive, reparative, and the restorative approaches. These Western, individualistic and legally based approaches are …

Collaborating With A Killer: The Unique Perspective Of Prison Life From A Man On Death Row, Gordon A. Crews, Angela D. Crews

Criminal Justice Faculty Publications and Presentations

This presentation describes the process and difficulties of developing a collaborative working relationship with Stephen C. Stanko, a man currently serving two death sentences in South Carolina for the murders of two people and the sexual assault and attempted murder of a third. Mr. Stanko and Dr. Gordon Crews first worked together on a book from 2000-2004 when Stanko was serving a 10-year sentence for kidnapping and assault with intent to kill. In April 2005, only 8 months after Stanko was released from that sentence, he committed the crimes for which he is currently facing death. Since then, the Crews’ …

A Rawlsian Idea Of Deliberative Democracy, Angela D. White

Electronic Thesis and Dissertation Repository

In my thesis, I develop a framework based on John Rawls's Political Liberalism that addresses the question: how is it possible for democratic institutions and their decisions to be legitimate, given that (i) they are supposed to be governed by the "will of the people", but (ii) the people will disagree with each other about what political institutions ought to do about any given issue? Amy Gutmann and Dennis Thompson advance a deliberative democratic response to this question, which has served as the basis of governments' attempts to "strengthen democracy". They argue that political decisions are justified insofar as they …

Bad Cops At Home: An Exploratory Study Of Officer-Involved Domestic Violence, Philip M. Stinson, John Liederbach

Criminal Justice Faculty Publications

Officer-involved domestic violence is a problem that should concern researchers, policymakers, the policing community, and the general public. Yet there is very little research in the area and no official data is available to discern the nature and prevalence of domestic violence in police families. Victims are reluctant to report officer-involved domestic violence and often feel helpless in the criminal justice system where the abuser is employed. This is complicated by provisions of the Lautenberg Amendment of 1996 which prohibit anyone convicted of a crime of domestic violence from carrying a firearm. This study explores 324 cases of state and …

Feminist Advocacy In Community Based Responses To Domestic Violence: Gendered Identity, Ideology And Practices, Andrea J. Nichols

Dissertations

The anti-domestic violence movement began as a feminist grassroots effort. Early feminist advocates relied on survivor-defined and social change practices rooted in feminist identity and ideology. Advocacy has evolved over time, moving from grassroots efforts into professionalized organizations, and now includes collaboration with the justice system in community based responses to domestic violence (CBR). Through inductive analysis of interviews with 26 domestic violence victim advocates and drawing from a gendered organizations framework, I examine how advocates’ feminist identity and ideology shape their practices in CBR. Findings indicate that advocates both resist and reproduce various gendered practices within traditionally feminist anti-domestic …

Qatar, Al Jazeera, And The Arab Spring, Ahmed E. Souaiaia

Ahmed E SOUAIAIA

No abstract provided.

Finding Historic Indiana Documents In An Online Environment: Civil War Era And Later 19th Century, Bert Chapman

Libraries Research Publications

This presentation provides information on digitally accessing historic Indiana State and U.S. Government documents from the latter half of the 19th century. Examples of these resources include the periodical Indiana Farmer, Indiana Civil War Governor Oliver Morton's telegraph books, the Official Records of the War of the Rebellion, Indiana Adjutant General Reports, and the Brevier Indiana Law Reports covering Indiana General Assembly proceedings. These collections have been digitized by various Indiana libraries including Purdue University, IUPUI, and Indiana University. Accessing these primary source materials will enable users to gain augmented understanding ot the economic, military, and political issues facing Indiana …

Substance Use Behavior Among Early-Adolescent Asian American Girls: The Impact Of Psychological And Family Factors, Lin Fang, Kevin Barnes-Ceeney, Steven Schinke

Criminal Justice Faculty Publications

Confronting developmental tasks and challenges associated with bridging two different cultures, Asian American adolescent girls face increasing risks for substance use. Identifying risk and protective factors in this population is essential, particularly when those factors can inform preventive programs. Guided by family interaction theory, the present cross-sectional study explored the associations of psychological and familial factors with use of alcohol, prescription drugs, and other drugs among early-adolescent Asian American girls. Between August 2007 and March 2008, 135 pairs of Asian American girls (mean age 13.21 years, SD = 0.90) and their mothers (mean age 39.86 years, SD = 6.99) were …

Explaining The "Female Victim Effect" In Capital Sentencing Decisions: A Case For Sex-Specific Models Of Capital Sentencing Research, Tara N. Richards

USF Tampa Graduate Theses and Dissertations

The potential influence of extralegal characteristics on the outcome of post-Furman capital cases (1972) has been a focus of criminal justice researchers and legal scholars. Much of this literature has assessed the impact of victim and defendant race on the likelihood of receiving the death penalty while a relatively underdeveloped body of research focuses on how victim sex may affect capital sentencing decisions. The present study uses focal concerns theory and the chivalry hypothesis to test the potential mediating effect of theoretical variables on the relationship between victim sex and juror capital sentence decision-making. In addition, it uses victim sex …