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Social and Behavioral Sciences Commons™
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Articles 1 - 8 of 8
Full-Text Articles in Social and Behavioral Sciences
Drivers Of The Sentenced Population: Probation Analysis, David E. Olson, Donald Stemen, Sema Taheri, Michelle D. Mioduszewski
Drivers Of The Sentenced Population: Probation Analysis, David E. Olson, Donald Stemen, Sema Taheri, Michelle D. Mioduszewski
Don Stemen
The report examines trends in the number and characteristics of felony probation sentences and caseloads in Illinois, as well as short-term outcomes measures for those discharged from felony probation. The research was performed in collaboration with the Administrative Office of the Illinois Courts and the Illinois Sentencing Policy Advisory Council.
Humane Punishment For Seriously Disordered Offenders: Sentencing Departures And Judicial Control Over Conditions Of Confinement, E. Lea Johnston
Humane Punishment For Seriously Disordered Offenders: Sentencing Departures And Judicial Control Over Conditions Of Confinement, E. Lea Johnston
E. Lea Johnston
At sentencing, a judge may foresee that an individual with a major mental disorder will experience serious psychological or physical harm in prison. In light of this reality and offenders’ other potential vulnerabilities, a number of jurisdictions currently allow judges to treat undue offender hardship as a mitigating factor at sentencing. In these jurisdictions, vulnerability to harm may militate toward an order of probation or a reduced term of confinement. Since these measures do not affect offenders’ day-to-day experience in confinement, these expressions of mitigation fail to protect adequately those vulnerable offenders who must serve time in prison. This Article …
Vulnerability And Just Desert: A Theory Of Sentencing And Mental Illness, E. Lea Johnston
Vulnerability And Just Desert: A Theory Of Sentencing And Mental Illness, E. Lea Johnston
E. Lea Johnston
This Article analyzes risks of serious harms posed to prisoners with major mental disorders and investigates their import for sentencing under a just deserts analysis. Drawing upon social science research, the Article first establishes that offenders with serious mental illnesses are more likely than non-ill offenders to suffer physical and sexual assaults, endure housing in solitary confinement, and experience psychological deterioration during their carceral terms. The Article then explores the significance of this differential impact for sentencing within a retributive framework. It first suggests a particular expressive understanding of punishment, capacious enough to encompass foreseeable, substantial risks of serious harm …
Drivers Of The Sentenced Population: Probation Analysis, David E. Olson, Donald Stemen, Sema Taheri, Michelle D. Mioduszewski
Drivers Of The Sentenced Population: Probation Analysis, David E. Olson, Donald Stemen, Sema Taheri, Michelle D. Mioduszewski
David E. Olson
The report examines trends in the number and characteristics of felony probation sentences and caseloads in Illinois, as well as short-term outcomes measures for those discharged from felony probation. The research was performed in collaboration with the Administrative Office of the Illinois Courts and the Illinois Sentencing Policy Advisory Council.
Sentencing Outcomes Of Convicted Child Sex Offenders, Steven Patrick, Robert Marsh
Sentencing Outcomes Of Convicted Child Sex Offenders, Steven Patrick, Robert Marsh
Robert L. Marsh
This research examines the sentencing outcomes of convicted child sexual offenders from data collected over an eight year period. Multiple regression and nominal log linear regression are used to examine length of prison sentence, length of probation sentence, and whether or not the convicted offender is actually sent to prison or to probation. While many independent variables appear to be related to sentence outcome, they fall into three categories: characteristics of the offender, characteristics of the victim, and characteristics of the crime. Additionally, while many variables appear related at the bivariate level, when multivariate analysis is applied, fewer variables remain …
Prosecutors And Evidence-Based Sentencing: Rewards, Risks, And Responsibilities, Steven Chanenson
Prosecutors And Evidence-Based Sentencing: Rewards, Risks, And Responsibilities, Steven Chanenson
Steven L. Chanenson
No abstract provided.
Lessons Learned From Punishment Exchange Rates: Implications For Research, Theory, And Correctional Policy, David May, Peter Wood, Amy Eades
Lessons Learned From Punishment Exchange Rates: Implications For Research, Theory, And Correctional Policy, David May, Peter Wood, Amy Eades
David May
A growing number of studies have used exchange rates to examine perceptions of the punitivieness of prison when compared to alternative sanctions among prisoners, probationers, parolees, correctional professionals, and judges. Without exception, the findings from these research efforts call into question the punishment continuum that anchors probation as the least punitive sanction and prison as the most punitive. In this paper, we combine findings from these research efforts with data collected from 1271 adults to propose a revised continuum of punishment. Additionally, we provide a theoretical framework to help explain how offenders experience correctional sanctions, and offer suggestions for policy …
Jamais Deux Sans Trois: Principes Régissant Les Effets De La Récidive Sur La Peine Et La Libération Conditionnelle Dans Les Codes Pénaux Européens (French), Sacha Raoult
Sacha Raoult
This paper examines the general principles that guide the classical treatment of an offender's dangerousness in the criminal codes of sixteen European countries. It provides a review of the way in which each penal code deals with both multiple offenders and the terms of parole. There is substantial variety in the legal definitions and effect of recidivism, with some very strict criteria in place in some states. The same various degree of arbitrariness and lack of clear standards apply to the terms of parole. Though arbitrariness in the administering of these legal categories is common throughout Europe, it can be …