Legal Studies Commons^™

The Influence Of Prior Legal Background On Judicial Sentencing Considerations, Esther Nir, Siyu Liu

International Journal on Responsibility

State court judges are influenced by a myriad of factors during criminal case processing. To study the influence of prior legal background on judicial decision-making at sentencing, we performed in-depth qualitative interviews of 39 trial court judges presiding over criminal cases in a Northeastern U.S. state. We find that judges are influenced by their former legal experiences and most judges are cognizant of this influence. While certain sentencing considerations are prioritized for almost all judges (e.g., criminal history, seriousness of the offense), prioritization and processing of many other sentencing criteria are correlated with prior legal background. Former defense attorneys tend …

Examining Remorse In Attributions Of Focal Concerns During Sentencing: A Study Of Probation Officers, Colleen M. Berryessa

International Journal on Responsibility

This research, using interviews with probation officers in the United States (n = 151) and a constant comparative method for analysis, draws from the focal concerns framework to qualitatively model a process by which probation officers use a defendant’s remorse to attribute focal concerns in order to guide their sentencing recommendations in pre-sentencing reports. The model suggests that officers use expressions of remorse to make attributions about mitigated criminal intention (blameworthiness and notions of responsibility), reduced dangerousness and a high potential for reform (community protection), and organization-level effects for increasing caseload efficiency and using correctional resources (practical effects of …

Public Perceptions And Punishment Of Sex Offenders, Emily R. Ives

Student Theses

Previous research has examined negative public perceptions and attitudes towards sex offenders and, in turn, how sex offenders are punished. The present study aims to build on previous research by examining whether perceptions of sex offenders are impacted by the offender’s relationship to the victim, and how victim perpetrator relationship may impact sentencing. Survey data from n=119 participants was examined. Participants were randomly assigned to one of three relationship conditions (i.e., stranger, acquaintance, or spouse) which was manipulated within a mock article vignette describing a rape incident. Subsequently, participants completed questionaries regarding sentencing of the described perpetrator, as well …

After Miller V. Alabama: A Content Analysis Of Juvenile Sentencing Decisions Across The United States, Kristen H. Williams

Honors College Theses

In 2012 a Supreme Court ruling (Miller v. Alabama) determined that life without parole for juveniles was unconstitutional based on the eighth amendment. However, the Supreme Court decision only applied to ongoing and future cases. The objective of this thesis was to conduct a policy analysis on new sentencing laws (i.e., state level) and subsequent Supreme Court decisions (i.e., federal level) that impacted the juvenile court after Miller v. Alabama (2012). Furthermore, it examined differences across states as a result of newly implemented legislative actions. A search of all 50 states and federal actions was conducted to gather …

Sentence Length And Perceptions Of Dangerousness As A Function Of Race, Attributional Complexity, And Ability To Meet Bail, Hannah Baldwin

Psychology Theses

Defendant race and ethnicity impact sentencing length decisions, leading to discrimination in the criminal justice system. Aspects of the pretrial process that strongly correlate with a defendant’s socioeconomic status, the use of cash bail, may also influence sentencing length, given the negative stereotypes about individuals of lower socioeconomic statuses. Relatively few studies have explored the impact of cash bail use on sentencing decisions or sought to understand why use of cash bail might influence these decisions. The current study investigates the impact of defendant ability to meet bail (yes v. no) on judgments of sentence length and dangerousness within the …

“Progressive” Prosecutors And “Proper” Punishments, Benjamin Levin

Scholarship@WashULaw

After decades of relative inattention to prosecutorial elections, academics and activists recently have focused on “progressive prosecutors” as a promising avenue for criminal justice reform. That said, the growing literature on progressive prosecutors reflects little clarity about what makes a prosecutor “progressive.” Recent campaigns suggest disparate visions of how to operationalize “progressive prosecution.” In this chapter, I describe four ideal types of progressive prosecutor: (1) the progressive who prosecutes, (2) the proceduralist prosecutor, (3) the prosecutorial progressive, and (4) the anti-carceral prosecutor. Looking to sentencing policy as a case study, I examine how these different ideal types illustrate different visions …

Mock Jurors' Recommended Sentences For Perpetrators Who Have Traumatic Experiences, Katherine West

Electronic Theses and Dissertations

Experiencing trauma can result in neurological and biological changes, precipitating long-term damage to the brain and body. A considerable proportion of incarcerated persons have reported that they have experienced some type of trauma (Stensrud, Gilbride, & Bruinekool, 2018). Using scenarios of hypothetical crimes of varying degrees of seriousness, this study explores whether disclosure of the perpetrator’s traumatic childhood experiences has an influence on the severity of the sentence that mock jurors would recommend for that perpetrator. The mock jurors’ trait empathy, Belief in a Just World, and their own traumatic experiences were assessed to determine whether these characteristics could account …

Examining Legal Financial Obligations In Washington State, Bryan Lewis

PPPA Paper Prize

After criminal offenders are convicted of a crime, they must return to the court where a judge will determine their sentence. Sentencing often includes jail time, but it always includes monetary penalties, or Legal Financial Obligations (LFOs). There are many reasons these penalties are given, from restitution for the victims of criminal offenses, to providing government revenue and funding the court, to punishment for the offender. However, these fines, and the interest rates that come with them, often leave offenders with an enormous amount of debt. There are a lot of interests at stake when it comes to LFO sentencing …

Exploring Factors That Influence Human Trafficking Sentencing Lengths, Brent Blakeman

FIU Electronic Theses and Dissertations

The area of human trafficking and sentencing research is currently under-explored. Consequently, little foundational knowledge has been established in this area of sentencing research to ensure that sentencing biases do not exist that undermine the tenets of justice. This study produces research and findings that incrementally contribute to building this foundational knowledge on human trafficking and sentencing. It does this by creating and testing a conceptual framework of human trafficking and sentencing that identifies potential predictors of human trafficking sentencing lengths that can be used to identify potential problematic sentencing issues. The model tested in the study includes the following …

Criminal Justice Expertise, Benjamin Levin

Scholarship@WashULaw

For decades, commentators have adopted a story of mass incarceration’s rise as caused by “punitive populism.” Growing prison populations, expanding criminal codes, and raced and classed disparities in enforcement result from “pathological politics”: voters and politicians act in a vicious feedback loop, driving more criminal law and punishment. The criminal system’s problems are political. But how should society solve these political problems? Scholars often identify two kinds of approaches: (1) the technocratic, which seeks to wrest power from irrational and punitive voters, replacing electoral politics with agencies and commissions; and (2) the democratic, which treats criminal policy as insufficiently responsive …

After The Crime: Rewarding Offenders’ Positive Post-Offense Conduct, Paul H. Robinson, Muhammad Sarahne

All Faculty Scholarship

While an offender’s conduct before and during the crime is the traditional focus of criminal law and sentencing rules, an examination of post-offense conduct can also be important in promoting criminal justice goals. After the crime, different offenders make different choices and have different experiences, and those differences can suggest appropriately different treatment by judges, correctional officials, probation and parole supervisors, and other decision-makers in the criminal justice system.

Positive post-offense conduct ought to be acknowledged and rewarded, not only to encourage it but also as a matter of fair and just treatment. This essay describes four kinds of positive …

Standing Between The Past And The Future, How Defense Attorneys Use Stigma Management Techniques In Presenting Their Closing Arguments In Capital Sentencing Procedures: A Content Analysis, Abdulrahmane Abdul-Aziz

All Graduate Theses, Dissertations, and Other Capstone Projects

In the penalty-phase of a capital case, defense attorneys face a difficult task in managing the identity of their now convicted client. They must present a coherent narrative that combats the prosecution’s case and engenders leniency from the jury. The closing argument given by the defense attorney(s) provides a unique opportunity to analyze and understand the general use of stigma management techniques and their applicability to capital cases. Using content analysis, 18 Transcripts from Texas capital cases from 2005 to 2015 were analyzed against the relevant techniques of neutralization (Sykes & Matza, 1957): appeal to a higher loyalty, appeal to …

An Investigation Of White-Collar Criminal Sentencing Disparities In Six Federal District Courts, Lauren Frances Elizabeth Galloway

UNLV Theses, Dissertations, Professional Papers, and Capstones

Since the turn of the century, sentencing research has consistently shown that certain aspects of the social context generally condition individual-level sentencing variations. I further explore this postulation in assessing how legal changes affect courtroom decisions; and in analyzing how extra-legal offender characteristics and judicial attributes influence the likelihood and length of white-collar incarceration sentences. The study hypothesized an emergent sociotemporal trend, largely driven by implementation of white-collar sentencing legislation and a return to judicial discretion, whereby white-collar offenders sentenced in the years post-Booker would receive more lenient punishments (i.e., less likely to be incarcerated and shorter incarceration sentences) than …

The Revolving Door Of Recidivism, Laura E. Bull

Classical Conversations

With the rise in the use of prisons, recidivism also grew. Recidivism, in the broadest sense, is the act of a past offender coming back into contact with the justice system. Prisons have been used as far back as the fourth century, but over time their purpose has changed. Today in the United States, the main purpose of prisons is rehabilitation. The most recent law, the First Steps Act, reflects the desire to reduce the trend of recidivism. Many programs have been used as a method of reducing recidivism. Recidivism is a cycle of pain, creating jaded prisoners and placing …

Reimagining The Death Penalty: Targeting Christians, Conservatives, Spearit

Articles

This Article is an interdisciplinary response to an entrenched legal and cultural problem. It incorporates legal analysis, religious study and the anthropological notion of “culture work” to consider death penalty abolitionism and prospects for abolishing the death penalty in the United States. The Article argues that abolitionists must reimagine their audiences and repackage their message for broader social consumption, particularly for Christian and conservative audiences. Even though abolitionists are characterized by some as “bleeding heart” liberals, this is not an accurate portrayal of how the death penalty maps across the political spectrum. Abolitionists must learn that conservatives are potential allies …

In For A Shock?: Discretion And Disparity In Program Assignment, Brianna Mathis

Honors Theses

Due to the massive prison population in America, correctional agencies are considering alternatives to standard incarceration. These programs are designed to redirect individuals from serving a prison sentence, and are instead assigned to a program specifically targeted at reducing offenders’ likelihood at recidivating. Typically, the main focus of these programs centers on education, job training, and various types of counseling. The Mississippi Department of Corrections (MDOC) has implemented two programs that aim at reducing recidivism: the first was the Regimented Inmate Discipline Program (RID), which was later replaced with the Recidivism Reduction Program (RRP). While both programs were intended to …

The Effects Of Holistic Defense On Criminal Justice Outcomes, James Anderson, Maya Buenaventura, Paul Heaton

All Faculty Scholarship

No abstract provided.

“Second Looks, Second Chances”: Collaborating With Lifers Inc. On A Video About Commutation Of Lwop Sentences, Regina Austin

All Faculty Scholarship

In Pennsylvania, life means life without the possibility of parole (“LWOP”) or “death by incarceration.” Although executive commutation offers long serving rehabilitated lifers hope of release, in the past 20 years, only 8 commutations have been granted by the state’s governors. This article describes the collaboration between an organization of incarcerated persons serving LWOP and the law-school-based Penn Program on Documentaries and the Law that produced a video supporting increased commutations for Pennsylvania lifers. The article details the methodology of collaborative videomaking employed, the strategic decisions over content that were impacted by the politics of commutation, and the contributions of …

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 …

Does Mental Illness Affect Societal Perception Of Sex Offenders?, Keely A. Bartram

Student Theses

Although mental illness is common in the sex offender population, it has never been examined how evidence of such may influence societal perception. In comparison to the non-sex offender population, it was hypothesized that participants would consider mental illness less mitigating for sex offenders, would be less likely to support the mental health treatment of sex offenders while incarcerated, and would consider certain mental illnesses (schizophrenia and substance abuse disorders) as particularly aggravating for this group of offenders. Respondents were asked to read a short vignette and then respond to a series of questions about culpability, sentencing decisions, and mental …

Direct And Indirect Influences Of Defendant Mental Illness On Jury Decision Making, Marie Sabbagh

The Pegasus Review: UCF Undergraduate Research Journal

It is a common misconception that individuals with schizophrenia are significantly more dangerous and violent than individuals free of mental illness. This stigmatization may lead to harsher sentences when people with schizophrenia are involved in criminal activities and sentenced by a jury. This study presented four conditions to which participants were randomly assigned, alone or in a group of three, and were asked to sentence a defendant, either with or without schizophrenia. It was hypothesized that group deliberations would result in more lenient sentences for defendants with schizophrenia as compared to individual deliberations. Furthermore, it was predicted that both group …

Give Them A Chance: Public Attitudes To Sentencing Young Offenders In Western Australia, Suzanne Ellis, Natalie J. Gately Dr, Shane Rogers, Andree Horrigan

Research outputs 2014 to 2021

Public opinion is often reported as punitive towards sentencing young people. Attitudes remain important to investigate given their potential to influence policy within the criminal justice system. Therefore, it is important to understand the formation of these attitudes and their consistency with sentencing principles. Semi-structured interviews (n = 72) and surveys (n = 502) were used to gauge opinions of sentencing young people under different scenario manipulations (age, weapon, drug treatment, prior record). The findings revealed the public expected punishment, but favoured rehabilitation with an opportunity to repent, suggesting the public are open to alternatives to ‘tough on …

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 …

The Subversions And Perversions Of Shadow Vigilantism, Paul H. Robinson, Sarah M. Robinson

All Faculty Scholarship

This excerpt from the recently published Shadow Vigilantes book argues that, while vigilantism, even moral vigilantism, can be dangerous to a society, the real danger is not of hordes of citizens, frustrated by the system’s doctrines of disillusionment, rising up to take the law into their own hands. Frustration can spark a vigilante impulse, but such classic aggressive vigilantism is not the typical response. More common is the expression of disillusionment in less brazen ways by a more surreptitious undermining and distortion of the operation of the criminal justice system.

Shadow vigilantes, as they might be called, can affect the …

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.

African Americans And Punishment For Crime: A Critique Of Mainstream And Neoliberal Discourses, Jason M. Williams, Nishaun Tarae Battle

Department of Justice Studies Faculty Scholarship and Creative Works

Understandings of punishment within the criminological enterprise have failed to capture the nuances associated with experiencing punishment. Moreover, mainstream academic discourses are inherently anachronistic in their conclusions on punishment, thus leaving significant gaps to be filled. One such gap is that of racialized history. This article attempts to make sense of punishment discourses (past and present) by situating them in their proper context. We argue that punishment, in particular for Blacks, is ideological and longstanding. Moreover, we posit that the prolonged punishment of Blacks is hyper manifested in contemporary society via neoliberal logic that has increasingly disabled race as a …

Race And Death Sentencing For Oklahoma Homicides Committed Between 1990 And 2012, Glenn L. Pierce, Michael L. Radelet, Susan Sharp

Journal of Criminal Law and Criminology

This Article examines 4,668 Oklahoma homicide cases with an identified suspect that occurred during a twenty-three year period between January 1, 1990, and December 31, 2012. Among these, we identified 153 cases that ended with a death sentence. Overall we found that while the defendant’s race did not correlate with a death sentence, there was a strong correlation with the race of the victim, with cases with white victims significantly more likely to end with a death sentence than cases with non-white victims. Homicides with female victims were also more likely to result in a death sentence than other cases. …

Rationing Criminal Justice, Richard A. Bierschbach, Stephanos Bibas

All Faculty Scholarship

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 effects. …

Constructing Recidivism Risk, Jessica M. Eaglin

Articles by Maurer Faculty

Courts increasingly use actuarial meaning statistically derived information about a defendant's likelihood of engaging in criminal behavior in the future at sentencing. This Article examines how developers construct the tools that predict recidivism risk. It exposes the numerous choices that developers make during tool construction with serious consequences to sentencing law and policy. These design decisions require normative judgments concerning accuracy, equality, and the purpose of punishment. Whether and how to address these concerns reflects societal values about the administration of criminal justice more broadly. Currently, developers make these choices in the absence of law, even as they face distinct …

Predictive Analytics' Punishment Mismatch, Jessica M. Eaglin

Articles by Maurer Faculty

No abstract provided.